Thursday Volume 574 30 January 2014 No. 115

HOUSE OF COMMONS OFFICIAL REPORT

PARLIAMENTARY DEBATES (HANSARD)

Thursday 30 January 2014

£5·00 © Parliamentary Copyright House of Commons 2014 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 987 30 JANUARY 2014 988

and it is crucial they get good quality, fast broadband. House of Commons It is as important for the last 10% as it is for the first 10%.

Thursday 30 January 2014 Maria Miller: As I am sure my hon. Friend knows, the Government are already investing more than £7 million The House met at half-past Nine o’clock in superfast broadband in Derbyshire, and the additional money that we have pledged—£250 million—will give further coverage in his area, but it will be up to the local PRAYERS authority to ensure that it is targeted in the right way. I am sure he will work with the local authority to ensure that that is done well. [MR SPEAKER in the Chair] Mark Tami (Alyn and Deeside) (Lab): More than a third of all new properties benefiting from superfast broadband are in Wales. Will the Secretary of State Oral Answers to Questions applaud the Welsh Assembly Government for their success in that area, and what does she think she can learn from Wales for England?

CULTURE, MEDIA AND SPORT Maria Miller: I thank the hon. Gentleman for bringing up the situation in Wales. Of course, the coalition Government are proud to have ensured that that funding The Secretary of State for Culture, Media and Sport was in place to make that happen for the people of was asked— Wales. As he will know, if it was up to the Labour party, all that the people of Wales would be receiving by now Superfast Broadband is 2 megabits, which would absolutely not have been right for businesses in his area. 1. Sarah Newton (Truro and Falmouth) (Con): What funding her Department is making available to ensure Mark Lazarowicz (Edinburgh North and Leith) (Lab/ the final 10% of premises get access to superfast Co-op): There appear to be a large number of businesses broadband. [902283] and houses in my constituency, right in the centre of Edinburgh, that will not get superfast broadband in the 5. Andrew Bingham (High Peak) (Con): What foreseeable future. I have been in touch with the right funding her Department is making available to ensure hon. Lady’s Department, the Scottish Government, the the final 10% of premises get access to superfast council and BT, but nobody seems to be able to offer broadband. [902287] any hope that we will get superfast broadband. What is she going to do about it? The Secretary of State for Culture, Media and Sport (Maria Miller): The Government have committed a Maria Miller: As I am sure the hon. Gentleman further £250 million to extend superfast broadband to knows, it is important for the Scottish Government to 95% of UK premises by 2017. In addition, we are address such issues. I was pleased to see BT pledge only investing £10 million to find ways to provide superfast this week to put an extra £50 million into exactly the broadband to the hardest-to-reach and remotest premises. sorts of areas he is talking about—city-centre areas where that is currently not commercially viable. I welcome Sarah Newton: I welcome my right hon. Friend’s that extra investment from BT. answer. Many homes and businesses are indeed benefiting from superfast broadband, but important local employers 18. [902302] Karen Lumley (Redditch) (Con): While are not, such as the Nare hotel on the beautiful but I obviously welcome progress on rural broadband, remote Roseland peninsula. What further assurances certain parts of my constituency, including the Lenches can she give such businesses on how they can expect to and Abbots Morton, are really struggling. Will my receive superfast broadband? right hon. Friend meet me and key stakeholders in those areas to try to find some solutions? Maria Miller: I know that my hon. Friend takes a great interest in this. I think she will be pleased that the Maria Miller: My hon. Friend is absolutely right that existing £132 million Superfast Cornwall project is already we have to keep up the pressure to ensure that we have delivering superfast broadband to 82% of homes in her superfast broadband where it is needed for all the area, and there will be further opportunities to extend different groups that can benefit. Either I or the Under- coverage with the additional £250 million that we have Secretary of State, my hon. Friend the Member for announced. Projects in her area will clearly be eligible Wantage (Mr Vaizey), would be delighted to meet her to bid for such funding. and her constituents, because we want to ensure, working with those providing this vital infrastructure service, Andrew Bingham: I thank my right hon. Friend for that it is getting to the right people in a speedy manner. that answer and for those assurances. In my constituency of High Peak, which is very rural, many farms and Helen Goodman (Bishop Auckland) (Lab): The Secretary businesses are in the last 10%. They have many other of State knows that 5 million people in rural areas still below-spec utilities, such as poor electricity supplies, do not have broadband connection. Really, she must 989 Oral Answers30 JANUARY 2014 Oral Answers 990 admit that the £10 million is just a stop—a sop, I Ann McKechin: The number of bookmakers in the mean—to divert attention from the devastating Public city of Glasgow has increased by 20% in the past seven Accounts Committee report. Can she guarantee that years, and millions of pounds have been lost from our the £250 million she mentioned will not all go to one poorest communities, a situation that has been replicated provider, and can she explain how it is good value for right across the United Kingdom. The city council has money to pay £52 for a connection in a rural area but asked the Scottish Government for powers to limit the £3,000 for a connection in a super-connected city? number of bookmakers in such communities, and I ask the Minister, when she next has contact with the Scottish Maria Miller: I am not sure that the shadow Minister Government, to work together with them, so that there had a total grasp of her question. Perhaps she needs to is co-ordinated action across the United Kingdom to catch up with some of her councillors on the ground empower local authorities with the ability to control the who have a better grasp than she does. I am particularly number of bookmakers in local areas to suit their thinking of County Councillor Sean Serridge, a champion circumstances. for digital inclusion in Lancashire—one of her councillors, I think—who has said that the work we are doing in his Mrs Grant: I hear what the hon. Lady says, but we area believe that local authorities are already so empowered. “is a great achievement and shows that we are well on the way to Local authorities in England, Scotland and Wales have achieving our goal of providing 97 per cent of the county with powers to ensure public protection by using licensing superfast broadband by the end of next year.” conditions afforded by the Gambling Act 2005 brought The difference between the hon. Lady and me is that in by the Government of the right hon. and learned we are getting on with it, while she is just still talking Member for Camberwell and Peckham (Ms Harman). about it. However, planning is a devolved matter, and it is therefore for the Scottish Government to decide. Mr Speaker: The hon. Member for Bishop Auckland (Helen Goodman) is clearly in a very jolly mood, and I Philip Davies (Shipley) (Con): I refer to my entry in hope that it is contagious. the Register of Members’ Financial Interests. Will the Minister confirm that the recent independent Tim Farron (Westmorland and Lonsdale) (LD): We health survey showed that considerably more of the are all very jolly in Cumbria that 93% of our homes will richest people in the country played on fixed odds be connected to superfast broadband by this time next betting terminals than the poorest, unlike scratchcards, year. That 7% will not be and will have a minimum of which 16-years-old can play and which considerably 2 megabits per second download speed should trouble more of the poorest people in the country play than the us, particularly when we realise that that means an richest? Does that not demonstrate that Labour Members’ upload speed of only 0.2 megabits per second, which problems with fixed odds betting terminals is not about causes serious problems for businesses in areas that are who the money comes from to put into them, but about not connected. What can my right hon. Friend do to who the money goes to in terms of their prejudice guarantee that the 7% of businesses and residences that against bookmakers? If the money from FOBTs went do not have superfast broadband are helped? to good causes, would there be any campaign against FOBTs? Maria Miller: My hon. Friend makes a really important Mrs Grant: My hon. Friend makes a number of point. That is why we have put in place a £10 million points, and I am not too sure which one to answer. The fund to look at how we can get to hard-to-reach places health survey for England made it quite clear that there with new technology and new ways of doing things. He is no correlation between deprivation and the clustering is right that superfast broadband is one of the most of betting shops on high streets. important infrastructure projects that this Government are putting in place. We are doing the hard work that the Labour party did not do when they were in government. Ian Lavery (Wansbeck) (Lab): Will the Minister comment The results speak for themselves: coverage in the UK is on the recent document published by William Hill, higher than in Germany, France, Italy and Spain and, which for the first time recognises the social problems what is more, our broadband lines are cheaper as well. involved with the clustering of betting shops? It quite clearly says that this could be tackled by amendments and changes to the Gambling Act 2005. Betting Shops/Fixed Odds Betting Terminals Mrs Grant: I repeat what I have just said, which is 2. Ann McKechin (Glasgow North) (Lab): What that local authorities already have powers to control discussions she has had with the Scottish Government clustering and to control concerns on their high streets on the clustering of betting shops and fixed odds that need to be dealt with. Article 4 directions have been betting terminals. [902284] very recently used by Southwark and by Barking and Dagenham, while Newham has used licensing conditions The Parliamentary Under-Secretary of State for Culture, very recently. Media and Sport (Mrs Helen Grant): The Administrations for Scotland and Wales were consulted during the Andrew Bridgen (North West Leicestershire) (Con): Government’s review of gaming machine stake and Does my hon. Friend agree that although it is quite prize limits, which was published in October 2013, and legitimate for people to have concerns about the number my predecessor wrote to the Scottish Parliament on of bookmakers on our high streets, the fact is that the these issues in 2013. number of bookmakers in this country in recent years 991 Oral Answers30 JANUARY 2014 Oral Answers 992 has remained relatively stable at between 8,000 and The Secretary of State for Culture, Media and Sport 9,000, which is well below the peak of 16,000 in the (Maria Miller): The UK’s cultural and sporting assets 1960s? are of enormous value in cultural diplomacy. They enhance the UK’s influence, reputation and soft power Mrs Grant: My hon. Friend makes an important around the world. point. We need to remember that gambling is a legal activity and is enjoyed safely by many people right Justin Tomlinson: The 2012 Olympic and Paralympic across the country. games and the enduring success of the premier league ably demonstrate how British sport can put us on the Clive Efford (Eltham) (Lab): The review of category B world map. Does the Secretary of State agree that more machines affects Scotland as much as any other part of can be done to exploit our sporting reputation through the country. In answer to a question about FOBTs from the British Council as a means of extending British my right hon. Friend the Leader of the Opposition on 8 influence overseas? January, the Prime Minister said: “We will be reporting in the spring as a result of the review that is under way, and I think it is important that we get to grips with Maria Miller: My hon. Friend is right to recognise this.”—[Official Report, 8 January 2014; Vol. 573, c. 295.] the valuable role that London 2012 played in taking Britain’s image around the world. It is an enduring Will the Minister confirm that we will get to grips with legacy. He is also right that we can do more, and the FOBTs in betting shops in the spring and that, most British Council, together with UK Sport and national importantly, that will include a review of the £100 stake governing bodies, can certainly do a great deal to enhance and £500 prize money maximums? and strengthen our influence. The sports Minister, my hon. Friend the Member for Maidstone and The Weald Mrs Grant: We have been getting to grips with that (Mrs Grant), recently met the chief executive officer of since we came to power in 2010. For the record, in 1997 the British Council to discuss precisely that. there were no FOBTs, yet by 2010, when the Labour party was removed from power, there were more than 30,000. I am afraid that I will not take any lessons from Ms Diane Abbott (Hackney North and Stoke Newington) the shadow Minister, as we are the ones who are gathering (Lab): What assessment has the Secretary of State made the evidence, pushing the industry to provide data and of the potential role of the UK’s cultural and sporting taking problem gambling seriously for the first time. assets in advancing human rights, specifically lesbian, gay, bisexual and transgender rights? There is some Pre-watershed Advertising evidence that in Africa and the Caribbean in particular things are going backwards on gay rights, not forwards. 3. Julie Hilling (Bolton West) (Lab): What assessment Surely some soft diplomacy on the issue could help. she has made of the effect of pre-watershed advertising on young people. [902285] Maria Miller: The hon. Lady raises an extremely important point. We want to increase participation in The Parliamentary Under-Secretary of State for Culture, cultural and sporting activities for all, and that is at the Media and Sport (Mr Edward Vaizey): We have not heart of the work that the Arts Council and Sport made an assessment, but I assure the hon. Lady that we England are doing. She is also right to say that LGBT take very seriously the need for regulation that is fit for rights in particular have a natural partnership with purpose, especially on content that is seen by children culture, and I have been examining that, particularly in and young people. The Broadcast Committee of Advertising this, the year of culture that we have with Russia. Practice has specific codes on advertising to children, which are administered independently by the Advertising Mr John Whittingdale (Maldon) (Con): Does my Standards Authority. right hon. Friend agree that soft power is all the more important in increasing understanding between ourselves Julie Hilling: But the number of gambling commercials and countries with which we may have differences of has increased by about 1.3 million since 2005 and view? She has just referred to the forthcoming UK-Russia doubled since 2010. Will the Minister back Labour’s year of culture. May I invite her and the shadow Secretary call for a review of pre-watershed gambling advertising of State to join me at the launch of that event in this to ensure that those adverts are not influencing children place on 24 February, in advance of her attending the to gamble? winter Olympics in Sochi? Mr Vaizey: I assure the hon. Lady that we are working with the Gambling Commission, the Advertising Standards Maria Miller: My hon. Friend’s invitation is kind, Authority and Ofcom to examine the impact that such and I will certainly see whether I am able to attend that advertising may be having on the licensing objectives in event, although I think he will know that the games the Gambling Act 2005, which include the protection of start next week. children and vulnerable people. I agree with my hon. Friend that there is a huge opportunity to utilise the role of culture in developing Cultural Diplomacy our relations with a whole host of nations. I was pleased to sign a cultural agreement with my counterpart on my 4. Justin Tomlinson (North Swindon) (Con): What recent visit to China, and in the past 12 months we have assessment she has made of the UK’s cultural and also signed a cultural agreement with South Korea. He sporting assets as tools of cultural diplomacy and the is right that the UK-Russia year of culture will be an role they play in extending the UK’s influence. [902286] enormously important opportunity. 993 Oral Answers30 JANUARY 2014 Oral Answers 994

Kerry McCarthy (Bristol East) (Lab): I have been publishing the draft Bill and supporting documentation slightly pre-empted by other Members mentioning the referred to by the previous sports Minister and place UK-Russia year of culture. It was reported in December them in the House of Commons Library? that Sir Ian McKellen was advised by the Foreign Office not to travel to Russia because he is gay. How does the Mrs Grant: I will consider that request and write to Secretary of State think we can use cultural diplomacy my hon. Friend. to overcome some of the issues with LGBT rights in Russia, and should we not use people such as Sir Ian Mr Gerry Sutcliffe (Bradford South) (Lab): There is and encourage him to go to Russia to make the case? all-party support for the changes to football legislation mentioned in the Select Committee report and I urge Maria Miller: I am not aware that the FCO would the Minister to keep the pressure on. Otherwise, experience make that sort of advice available to people, although it shows that football authorities think we have gone is obviously important that we advise people on security away. Football supporters want to see change. issues, as we do in relation to many nations. The hon. Lady is right to say that we can use culture and cultural Mrs Grant: Rest assured that we will. links to advance many human rights issues. When I visited Moscow and St Petersburg in December to Mr John Leech (Manchester, Withington) (LD): Whether discuss the year of culture, I used that opportunity to it is financial mismanagement that results in clubs losing meet a wide selection of human rights organisations, their grounds, or bonkers owners trying to change team including those that support people on issues of domestic names or team colours, surely it is time for parliamentary violence. intervention to protect the rights and interests of fans.

Football Governance and Finance Mrs Grant: I agree to a large extent with my hon. Friend. Our hope is that football authorities will make 6. Mr Jim Cunningham (Coventry South) (Lab): the changes that need to be made, but if they do not, What plans she has to bring forward legislative proposals there is always the option of legislation. in respect of football governance and finance. [902289] Jonathan Edwards (Carmarthen East and Dinefwr) (PC): Will the Minister join me in endorsing the Swansea The Parliamentary Under-Secretary of State for Culture, City football club model in which the supporters trust Media and Sport (Mrs Helen Grant): I will continue to owns 20% of the club and sits on the board of directors? work with football authorities to press for improvements Last year the club reported a profit of £15.3 million, in the game. They have made some significant changes, following a £14.6 million profit the previous year. Surely but my expectation is that they can, and will, make that is the way forward for football governance. further progress. We will move to legislate if football fails in that task. Mrs Grant: That sounds a very interesting model and, of course, it is for football authorities to agree Mr Cunningham: I am sure the Minister knows about what works best. I think there is a place for all types of the dispute between Coventry city council and Coventry ownership, and supporters will always have the best football club, since I and my colleagues have made interests of their clubs at heart. I am delighted that representations to her Department in the past. The AFC Wimbledon, Brentford and Exeter City are now Culture, Media and Sport Committee report on football owned fully or partly by supporters. I have had recent governance from July 2011 found the Football Association meetings with Supporters Direct and the Football in need of urgent reform and called on the Government Supporters Federation, and I look forward to working to introduce legislation if drastic changes were not with them closely on a number of projects. made. In April 2013, the then sports Minister stated that he agreed with the Committee and that his officials Football Referees had started working up a draft Bill. Where is the Bill? Let us have some action. 7. Mr Marcus Jones (Nuneaton) (Con): What Mr Speaker: I think some of these matters could be steps she is taking to protect football referees from usefully pursued through Adjournment debates, and inappropriate and abusive behaviour. [902290] will probably have to be. The Parliamentary Under-Secretary of State for Culture, Mrs Grant: Football authorities introduced reforms Media and Sport (Mrs Helen Grant): I continue to work in August last year, including smaller boards and a new with the football authorities to press for improvements. licensing system to deal with ownership, financial matters I deplore all forms of bad behaviour on the football and supporter liaison and engagement. A start has been pitch, including that directed towards referees. I welcome made, but much more needs to be done. As I have the FA’s recent work on respect within the game, including stated, if more is not done there is always the option to reducing assaults against referees by 21% since 2011. legislate. Mr Jones: In recent months, two referees officiating Mr Speaker: If I gently hint at shorter questions and the Nuneaton and district Sunday league have been answers; then we might make more progress. badly assaulted by players. Because those incidents take place on the pitch, the authorities do not apply the same Damian Collins (Folkestone and Hythe) (Con): Further gravity to them as they would if they happened elsewhere. to the question asked by the hon. Member for Coventry What more can the Minister do to protect referees in the South (Mr Cunningham), will the Minister consider amateur game? 995 Oral Answers30 JANUARY 2014 Oral Answers 996

Mrs Grant: I am appalled to hear of the physical Dr Coffey: I welcome the 2010 changes, but will the assaults against those two referees, who have no doubt Minister also consider the Culture, Media and Sport done excellent work in my hon. Friend’s constituency. Committee report from a couple of years ago? The The FA and Sport England have invested £60 million in health lottery effectively markets itself as a national the programme on raising standards. I would also the lottery, yet it does not give the same proportion of welcome the full protection of the law for officials money to good causes or of tax to the Government. wherever attacks take place to ensure that community Will he look at the situation again? It desperately needs football is safe and enjoyable. changing for the benefit of all.

Broadband (Rural Economy) Mr Vaizey: I hear what my hon. Friend says. Hon. Members agree that society lotteries play an important and successful role in raising money for local charities, 8. Charlie Elphicke (Dover) (Con): What assessment whereas the national lottery serves a different purpose. she has made of the benefits of broadband to the rural The erosion of the distinction between society lotteries economy. [902291] and commercial gambling makes it clear that any consultation on society lotteries would need to be more The Parliamentary Under-Secretary of State for Culture, wide ranging. We have therefore asked the Gambling Media and Sport (Mr Edward Vaizey): We published an Commission to advise us on how the national lottery, impact study last year. It showed that, in a decade’s society lotteries and commercial gambling markets interact. time, the rural gross value added will be £33 billion—in We will assess that advice and, if necessary, frame a 2013 prices—greater than it would otherwise have been. consultation document. No doubt my hon. Friend welcomes the £10 million we are investing in broadband in Kent to help achieve that. Mr Barry Sheerman (Huddersfield) (Lab/Co-op): I declare an interest as chair of the John Clare Trust—it Charlie Elphicke: I welcome the Minister’s answer. is John Clare’s 150th anniversary this year. We have Businesses in my constituency of Dover and Deal complain received a lot of money from the Heritage Lottery persistently about the appalling service provided by BT Fund. I was against the lottery when it came out, and I on connections, line speeds and fixing things when they was wrong. go wrong. What more can he do to ensure that BT delivers as promised? Mr Simon Burns (Chelmsford) (Con): You usually are! [Laughter.] Mr Vaizey: My hon. Friend rightly raises that issue regularly. The Government work with Ofcom and BT Openreach to ensure that the highest standards are Mr Sheerman: I shall continue being jolly. maintained. There are occasional problems, which we I am a little worried, however. Many MPs find the work on, but BT did a good job over Christmas and Big Lottery Fund very good for our regions, but regional new year during the floods. offices seem to have closed down. Why is that, and could we ensure that a regional presence returns? Nic Dakin (Scunthorpe) (Lab): How can the Minister support my constituents who have contacted me this Mr Vaizey: As an aside, my right hon. Friend the week, such as those from the village of Messingham, Member for Chelmsford (Mr Burns) wins the prize who cannot get the full benefit of broadband because it for heckle of the year. I will certainly look into the is not adequate? concerns raised by the hon. Member for Huddersfield (Mr Sheerman). It is important that hon. Members Mr Vaizey: We are putting £500 million into broadband. have access to lottery distributors to press their cases. As my right hon. Friend the Secretary of State pointed out in her answer to the Opposition spokesman, Labour Mr Speaker: If I did not know of the link of the hon. councillors up and down the country are applauding Member for Huddersfield (Mr Sheerman) with the John our fantastic work. I am sure the hon. Gentleman Clare Trust, I would have a quite serious problem both would want to join them in applauding us on how with my short-term and long-term memory, as he has quickly the roll-out programme is going. mentioned it several hundred times in the deliberations of the House. National Lottery Act 1993 Mr Nigel Dodds (Belfast North) (DUP): Will the 9. Dr Thérèse Coffey (Suffolk Coastal) (Con): Whether Minister undertake to discuss with the Northern Ireland she has reviewed the provisions of the National Lottery Executive particular issues relating to the operation of Act 1993. [902292] the Big Lottery Fund in Northern Ireland? If he has, will he update the House on the result of those discussions? The Parliamentary Under-Secretary of State for Culture, Media and Sport (Mr Edward Vaizey): The Government Mr Vaizey: I will certainly have a meeting with the most recently amended the National Lottery Act 1993 right hon. Gentleman, if he so desires, and discuss in 2010 to restore the lottery shares for arts, sports and issues relating to the national lottery in Northern Ireland, heritage good causes to 20%, reversing Labour’s cuts. which is where, in 1994, I bought my first lottery ticket. Together with strong lottery ticket sales, the change has meant that funding for those areas has risen significantly Mr Speaker: It is always useful to have a bit of since the beginning of the Parliament. information. 997 Oral Answers30 JANUARY 2014 Oral Answers 998

Arts and Culture the eight historically most significant, including the Bishop’s Palace in Wells, should be kept in use. Will the 10. Robert Halfon (Harlow) (Con): What steps the Secretary of State meet me to clarify what advice her Government are taking to support the arts and culture Department has received from English Heritage on in the UK. [902293] what is meant by keeping a palace in use, and whether, pursuant to English Heritage’s ongoing conversation The Secretary of State for Culture, Media and Sport with the Church Commissioners, that means being used (Maria Miller): Over the life of this Parliament, the by our bishops? Government are investing nearly £3 billion of public and lottery funding in the arts in England; £2.3 billion Maria Miller: My hon. Friend raises an important in museums; and more than £2.1 billion in our heritage. point. The bishops’ palaces are an important part of We are championing the role that culture plays in the our cultural heritage. I was in Wells recently meeting economic, social and cultural life of our country. pupils of the Cathedral school benefiting from the music and dance scheme funded by the Department for Robert Halfon: Is my right hon. Friend aware that Education. Wells has a proud tradition, and on this Harlow is the cultural capital of the east of England? matter I will try to support her. [Interruption.] Oh yes. Not only are we officially a sculpture town where the family of Henry Moore reside, Betting Shops/Fixed Odds Betting Terminals we are the birthplace of fibre-optic communications. Will my right hon. Friend come to Harlow to visit the excellent Gibberd gallery, Gatehouse Arts and Parndon 11. Karl Turner (Kingston upon Hull East) (Lab): Mill, so she can see for herself the excellence of art in What steps she is taking in response to requests from Essex? local government for powers to prevent the clustering of betting shops and fixed odds betting terminals. Maria Miller: My hon. Friend is a doughty champion [902294] of his constituency. I will do everything I can to come and support the work he is doing to support culture and The Parliamentary Under-Secretary of State for Culture, the arts in his area. We should recognise that culture, Media and Sport (Mrs Helen Grant): The Government the arts and our heritage play an intrinsically important are working with local authorities on how to make best role in all our constituencies. We all have a duty to use of existing planning and licensing powers in regard support them. to betting shops.

Ms Harriet Harman (Camberwell and Peckham) (Lab): Karl Turner: Does the Minister agree that the clustering May I draw the Secretary of State’s attention to research, of betting shops and FOBTs in high streets in cities published today by the shadow Communities and Local such as Hull is having a detrimental effect, and will she Government Secretary, which shows that the most deprived now support the Opposition’s call to give local authorities communities will suffer the biggest cuts to their councils’ more power to control the number opening? spending power? As council funding is even more important for the arts than central Government funding, this will Mrs Grant: Local authorities already have powers, have a massive impact on the arts in those areas, especially such as article 4 directions and licensing conditions. as they are the least able to mobilise philanthropy and The hon. Gentleman is complaining about the number people have less money in their pockets to spend on of betting shops and FOBTs on high streets, but it was participating in the arts. With the lion’s share of Arts his party’s Gambling Act 2005 and his party’s liberalisation Council funding going to London, what will the Secretary and relaxing of the rules that got us into this position in of State do to back up councils and support their vital the first place. work in trying to ensure that the arts are for all and flourish in deprived, as well as well-off, areas? Mr David Nuttall (Bury North) (Con): Does my hon. Friend agree that it is only demand from customers that Maria Miller: The right hon. and learned Lady is determines the number of betting shops in an area? absolutely right to say that it is important that every community has the opportunity to appreciate the Mrs Grant: My hon. Friend makes a fair point. importance of arts, culture and heritage, and that this is Gambling is still a legal activity enjoyed very safely by at the heart of the work of the Arts Council. She is right many around the country. that some, perhaps less enlightened, councils are not investing as they should, and I hope she would join me Topical Questions in encouraging all to recognise the importance of culture and heritage, and support them through these difficult times. I would, however, pick her up on something. We T1. [902303] Mr Henry Bellingham (North WestNorfolk) are doing what we can to redress the situation we (Con): If she will make a statement on her departmental inherited. Some 70% of the Arts Council’s lottery investment responsibilities. now goes to projects outside London. Sir Peter Bazalgette has made it clear that he will be doing much more on The Secretary of State for Culture, Media and Sport that, but obviously we cannot change overnight the (Maria Miller): There is clear evidence of the huge situation we inherited. value of the UK’s creative industries in the updated figures we released earlier this month, which revealed Tessa Munt (Wells) (LD): In 2004, English Heritage that they are now worth more than £70 billion each year considered the question of disposal of all 44 bishops’ to our economy. British creativity can be seen all around houses by the Church Commissioners and reported that the world; so, too, can British sporting success, and next 999 Oral Answers30 JANUARY 2014 Oral Answers 1000 week I will be travelling to Sochi to support Team GB. I have minimal protection from harm. Yet in many shops am sure the whole House will want to join me in operators have not installed protective screens for their wishing them good luck. staff until after an incident has occurred. Will the Minister look at requiring all betting shops to install Mr Bellingham: Given that tourism is vital to north screens for the safety and benefit of the staff? Norfolk coastal communities and given that recent tidal surges have done substantial damage, will my right hon. The Parliamentary Under-Secretary of State for Culture, Friend ensure that her Department liaises and works Media and Sport (Mrs Helen Grant): Local authorities with the relevant local authorities? that are concerned about any betting shop can use their licensing conditions, which were used very successfully Maria Miller: My hon. Friend raises an important by Newham when it had concerns about crime, antisocial point. Tourism is a vital part of our economy. We have behaviour and under-age gambling. With regard to the invested £137 million in our international GREAT number of staff in shops, licensing conditions can again campaign, but we also need to ensure that constituencies be used. such as his, which have been hit by the recent problematic weather, receive support so that they can continue to be attractive tourist destinations. T4. [902306] Simon Kirby (Brighton, Kemptown) (Con): In the last four years, over 600 businesses have advertised on Brighton’s excellent Juice FM. Will the T2. [902304] Debbie Abrahams (Oldham East and Saddleworth) (Lab): Will the Minister join me in Minister join me and the Advertising Association in congratulating Manchester on attracting a world-class encouraging small and medium-sized enterprises to use game developer to the UK? PlaygroundSquad will train our diverse local media to publicise their businesses? 60 young people a year—some of them from Oldham, I hope—to work in the creative gaming industry. Mr Vaizey: The Advertising Association has today Does he agree that Manchester’s vision to be a digital issued a report showing how important advertising is production hub is helping to establish UK plc as the for small and medium-sized businesses. My hon. Friend creative capital of Europe, and that these developments graphically illustrates that with the example from his and industries will sustain our economic recovery, not a constituency, particularly using the excellent local radio return to growth based on consumer debt? station Juice FM.

The Parliamentary Under-Secretary of State for Culture, T7. [902309] Helen Jones (Warrington North) (Lab): Media and Sport (Mr Edward Vaizey): The Government Arts funding in London is £70 per head. In the rest of are extremely grateful for the hon. Lady’s support for the country, it is £4.60 a head. In the north-west, that our policies. We are looking forward to an announcement has led to reductions in funding for organisations as shortly on the video games tax credits to go alongside diverse as North West Playwrights, the Manchester the television, animation and film tax credits, which Camerata and even the Wordsworth Trust. What is have done so much to support our creative industries, the Secretary of State going to do to address these with the support of Manchester city council, which anomalies and to make it clear to the arts funding plays a key role in helping to support creative industries organisations that culture does not stop at the M25? in that part of the world. Mr Vaizey: Statistics can be used in many ways. If T3. [902305] Mr Simon Burns (Chelmsford) (Con): Will one looks at the funding per visitor to visitor attractions, my right hon. Friend confirm that the creative the funding for London is very low. Manchester and the industries are now worth more than £70 billion to the north-west have many thriving cultural institutions including UK economy, and would she care to comment on the Manchester Camerata, which is ably led by its the success of the creative industries and what support chairman Bob Riley. He is doing so much to promote the Government can provide so that they can continue philanthropy and is getting the Manchester Camerata that success? to work with schools and health services, which I am sure the hon. Lady knows about. Maria Miller: I am delighted to say that, as we have already announced, the creative industries are now worth £70 billion to this country. It is one of the fastest-growing T5. [902307] Dr Thérèse Coffey (Suffolk Coastal) (Con): sectors. It is a little surprising that the Opposition are One of my favourite bands is Muse. When I recently launching their second review into the creative industries— Googled “Muse MP3 download”, nine of the 10 sites industries they said were at risk from global pressures—but listed were illegal. Is there something more that my I am delighted that the right hon. and learned Member right hon. Friend can do to encourage companies such for Camberwell and Peckham (Ms Harman) only last as Google and Yahoo to remove those illegal sites from week endorsed our policies when she said that our their listings? creative industries were a huge success story. Perhaps that is the result of four years of a Conservative-led Maria Miller: I share my hon. Friend’s concern about Government. We should not return to the idea of— sites that contain illegal material, and I raised that directly with Google when I visited it last year. The Mr Speaker: Order. I call Mrs Emma Lewell-Buck. Government are acting decisively, particularly with the police IP crime unit, to remove payment facilities from T6. [902308] Mrs Emma Lewell-Buck (South Shields) illegal sites and to prevent advertising appearing. We (Lab): Violent attacks on betting shop workers are on think more can be done and we will continue to press the rise and single-staffing policies mean that many Google to play a full role. 1001 Oral Answers30 JANUARY 2014 Oral Answers 1002

T8. [902310] Mr David Hanson (Delyn) (Lab): Will the Mrs Grant: I am afraid that I fundamentally disagree Secretary of State confirm that one third of the with the hon. Gentleman. There are powers in the form superfast broadband is now happening in Wales not, of article 4 directions, which can be and have been used contrary to his assertions, due to the Secretary of State successfully. for Wales, but due to Ken Skates the Labour Minister there? John Cryer: They do not work.

Maria Miller: I would gently remind the right hon. Mrs Grant: They do work, and they have been used Gentleman that funding for these projects is distributed very successfully in relation to both Southwark and using the Barnett formula to make sure that Wales gets Barking and Dagenham. I remind the hon. Gentleman the share that it really needs. Of course we continue to that Newham council also used licensing conditions to work with the Welsh Government to make sure that control unacceptable activities in betting shops. that is done correctly. Mr David Heath (Somerton and Frome) (LD): In T9. [902311] Bob Blackman (Harrow East) (Con): Somerset, we now know which areas will not benefit Does my hon. Friend agree that London is the premier from the roll-out of high-speed broadband. Some of tourist attraction for the whole world and, with a them have been in the news over the past couple of days. massive 63% of visitors to the UK coming to London, When the Secretary of State distributes the funds that that that contributes directly to the UK economy? she has available for the last 10% of the population in What more can she do to ensure that that is protected rural areas, will she please not do so on the basis of an and enhanced for the good of the economy overall? elaborate bidding system, and will she please not ask for match funding from rural areas, where it will simply Mrs Grant: I welcome London’s incredible success in never happen? attracting so many visitors. It is important for that success to continue. The Government promote the UK, Maria Miller: My hon. Friend, who speaks with including London, through the GREAT campaign, which passion about this subject, will know that we have has just received a 49% increase in funding from the already committed ourselves to spending an additional Chancellor. £250 million on starting to address that last 10%, and to an additional £10 million budget for the hardest-to-reach Jessica Morden (Newport East) (Lab): A family contacted areas. We must of course ensure that the money is used me recently about their mother who had become addicted wisely, but I agree with the hon. Gentleman that we to online bingo and had gambled away tens of thousands need to use it to fill the gaps that the commercial of pounds. They asked me to highlight to Ministers not providers simply cannot reach. only the issue of daily limits, but just how hard it was, with the mother’s permission, to close these accounts, Lilian Greenwood (Nottingham South) (Lab): The with bingo operators repeatedly trying to hook her outstanding Nottingham Playhouse faces threats, if not back in with offers and emails. Will the Minister look at to its whole future, to its ability to commission and the issue? stage new work as a result of the Government’s local authority cuts. What is the Secretary of State doing to Mrs Grant: I am happy to look at all issues of this support councils such as mine which want to promote nature but I remind the hon. Lady that the remote new work and new talent in our region? gambling Bill will require all operators selling online gambling to British consumers to hold a Gambling Mr Vaizey: I know that the hon. Lady will welcome Commission licence and to comply with conditions that the Chancellor’s announcement of a theatre tax credit include having policies, procedures and practices to for new work, which is aimed at precisely such organisations promote socially responsible gambling. as the Nottingham Playhouse.

T10. [902312] Nigel Adams (Selby and Ainsty) (Con): The Secretary of State will be aware that the England cricket team ran into a spot of bother in Australia, and WOMEN AND EQUALITIES did not manage to retain the Ashes. Will she join me in congratulating the England women’s team, who did retain the Ashes in Australia this week, and who have The Minister for Women and Equalities was asked— given all English cricket fans a team to be proud of? Sochi Winter Olympics

Maria Miller: I welcome my hon. Friend’s question, 1. Mr Simon Burns (Chelmsford) (Con): Whether she and join him in congratulating Charlotte Edwards and plans to attend the Sochi 2014 winter Olympic games. her team on doing what the men could not do. [902273]

John Cryer (Leyton and Wanstead) (Lab): Further to The Minister for Women and Equalities (Maria Miller): question 11, would it not be sensible to give councils the Along with the Under-Secretary of State for Culture, power to say that there must be no more gambling Media and Sport—my hon. Friend the Member for shops in their areas because saturation point has been Maidstone and The Weald (Mrs Grant), who is sports reached? That would not mean stopping gambling shops Minister—I shall be attending the winter Olympics in per se; it would merely impose a limit which does not Sochi to support our Team GB athletes. The sports exist in planning legislation at present, whatever the Minister and the Minister of State, Department for Minister may think. Work and Pensions, my hon. Friend the Member for 1003 Oral Answers30 JANUARY 2014 Oral Answers 1004

Hemel Hempstead (Mike Penning), who is Minister for Maria Miller: I am sure that the hon. Gentleman disabled people, will also attend the Paralympics to knows that the Under-Secretary of State for Women support our Paralympic GB athletes. and Equalities, my hon. Friend the Member for Maidstone and The Weald (Mrs Grant), and I regularly meet many Mr Burns: Given the attitude of the Russian Government, different groups, including those that represent people what have our Government been doing ahead of the of transgender. I gently say to him that in some winter Olympics to support the LGBT community, circumstances, the Government need to collect gender many of whom remain deeply worried about their status information to ensure that they target resources correctly in Russia? and fund public services accurately, for example when estimating pensions. Gender information can also help Maria Miller: I share my right hon. Friend’s concern with identification. That is why we continue to believe about the protection of human rights for LGBT people that it is necessary to collect that information. in Russia. I have raised the issue personally both with Ministers and with non-governmental organisations, as Julie Hilling (Bolton West) (Lab): Why will the Minister have my right hon. Friends the Prime Minister and the not follow the lead of Germany and Australia and Foreign Secretary. Over the coming months, Stonewall enable parents to register their child as “x” when they will be developing a programme of activities which it are neither obviously male or female? That would remove will seek to deliver to human rights defenders in Russia, the pressure to make a hasty decision on gender immediately to help them to support LGBT people in the country. after birth. Stonewall’s work is being made possible by support from our coalition Government. Maria Miller: The hon. Lady will know that there are Chris Bryant (Rhondda) (Lab): Charming as the provisions for parents who face such challenges. Her Secretary of State and the sports Minister are— Majesty’s Passport Office carried out an internal review [Interruption.] I did not mean to be patronising; I of gender markings for passports. A copy of the review meant to be rude, actually. Charming as they are, would has been laid in the House so that Members may refer it not make far more sense to take a leaf out of President to it. It concluded that there would be no significant Obama’s book, and to include John Amaechi, Nicola advantages to including a non-gender specification. Of Adams, Tom Daley, Gareth Thomas and Clare Balding course, we will continue to look at the matter. I am sure in the delegation, in order to make the point that those that my colleagues in the Home Office and other who know what it is to enjoy the freedom to live your Departments that issue such documentation will have life as you want in this country have something to offer listened carefully to the comments that have been made the rest of the world in Russia? today.

Maria Miller: The hon. Gentleman will know that it is very important that Team GB see that the British BAME Groups (Labour Market) Government are behind them every step of the way. I make no apology for the fact that the Minister for sport 3. Nia Griffith (Llanelli) (Lab): What recent discussions and I are going to the winter Olympics. I hope that the she has had on the position of black, Asian and minority hon. Gentleman will join me in saying that the team ethnic groups in the labour market. [902275] have our very best wishes.

Non-gender Specific Documents The Minister of State, Department for Work and Pensions (Mike Penning): The ethnic minority employment stakeholder group supports the Government’s ethnic 2. Hugh Bayley (York Central) (Lab): What minority employment strategy. The group meets regularly assessment she has made of the feasibility of issuing and reports progress to the Minister of State, Department non-gender-specific official documents to people who for Work and Pensions, my hon. Friend the Member for do not identify as a particular gender. [902274] Wirral West (Esther McVey), who has responsibility for employment. The Minister for Women and Equalities (Maria Miller): Non-gender is not recognised in UK law. The Equality Act 2010 protects people from discrimination if it arises Nia Griffith: Back in November, an inquiry report from their being perceived as either male or female. We published by the all-party parliamentary group on race recognise that a very small number of people consider and community and the Runnymede Trust found that themselves to be of neither gender. We are not aware discrimination was present at every stage of the recruitment that that results in any specific detriment, and it is not process. What plans does the Minister have to tackle Government policy to identify such people for the illegal discrimination, and what new approaches is he purpose of issuing non-gender-specific official documents. developing to tackle BAME unemployment through the Work programme? Hugh Bayley: There is a wider point to make. This week, when Hayley Cropper’s funeral takes place on Mike Penning: To answer the second part of the “Coronation Street”, would it not be a good time for question first, we look at each individual case. Evidence the Government to announce that they are taking further has shown that that approach has been much more steps to reinforce and implement their transgender plan successful in getting people, particularly those from the of action, and perhaps to consult on the format of black community, into work. If there is discrimination, official documents? When can we expect further thought there is legislation on the statute book to deal with it. It on this matter and a statement? should be reported to us and we will take action. 1005 Oral Answers30 JANUARY 2014 Oral Answers 1006

Keith Vaz (Leicester East) (Lab): Half of all young Lorely Burt: Oh behalf of my own party, may I echo black men between the ages of 16 and 24 are unemployed. the comments of my hon. Friend the Minister? Liberal What specific schemes will the Government introduce Democrats do not, and will never, tolerate the abuse of to deal with that serious problem? women in the workplace. Does my hon. Friend agree that the abuse of women and others online should be Mike Penning: I have great respect for the right hon. treated in the same way as offline abuse, and will he tell Gentleman, but his figure is not quite correct, because us what he can do about it? 80% of that 51% of young black men are in full-time education. That is what is actually going on. We need to Mr Vaizey: Yes, I do agree with the hon. Lady, which work hard on individuals and ensure that the discrimination is why I welcome the recent convictions of John Nimmo that the hon. Member for Llanelli (Nia Griffith) referred and Isabella Sorley, which clearly demonstrate that to does not take place. We must work together to do threatening or harassing behaviour is illegal, whether that and that is what we intend to do. online or offline. Last year, the Crown Prosecution Service made 2,000 prosecutions under section 127 of the Communications Act 2003. Gloria De Piero (Ashfield) (Lab): The latest annual figures show that the rate of non-white unemployment Stuart Andrew: My hon. Friend will be aware of the has risen by 9.2%. Why is that happening? recent excellent debate in the Chamber on cyber-bullying, during which we heard some harrowing examples of Mike Penning: In some areas of the country, we have victimisation. Will he now meet representatives of the work to do in respect of unemployment. We are working social media companies, as he did with the internet very hard on that. We need to work together. One area service providers last year, to see what more can be done that is of particular concern to me is the high unemployment to tackle this issue? rate in the Bangladeshi and Pakistani communities, particularly among women. One reason for that, although Mr Vaizey: Yes, we certainly intend to have that not the only reason, is that there are language issues. We meeting with the social media companies and, particularly, need to work on that closely in our constituencies, to put in place procedures giving people a clear ability which is something that I am doing in my constituency, to report abuse and procedures to ensure that they are because English is not usually spoken fully by ladies in responded to in good time. It is important to emphasise those two communities. that the Government take cyber-bullying extremely seriously. That is why we introduced new powers for teachers in the Education Act 2011. Online Abuse of Women Alison Seabeck (Plymouth, Moor View) (Lab): I thank 4. Bob Blackman (Harrow East) (Con): What steps the hon. Gentleman for his last answer, which deals her Department is taking to ensure that internet service with some of the problems I have seen involving young providers and social media companies tackle and people being targeted by Twitter trolls—for want of a confront the online abuse of women. [902277] better term—and teachers not being entirely clear about how to report this and support the young people in question. Will the Minister confirm that, as part of his 6. Lorely Burt (Solihull) (LD): What steps her discussions, he will continue to have meetings with Department is taking to ensure that internet service colleagues in the Department for Education to ensure providers and social media companies tackle and that teachers right across the piece, down to primary confront the online abuse of women. [902280] school level, know how to deal with this issue? 7. Stuart Andrew (Pudsey) (Con): What steps her Mr Vaizey: Yes, we have regular meetings with colleagues Department is taking to ensure that internet service in the Department for Education, who work tirelessly providers and social media companies tackle and on the issues of cyber-bullying and bullying in general. confront the online abuse of women. [902281] It is important to stress that Ofsted now holds schools to account for how well they behave in relation to The Parliamentary Under-Secretary of State for Culture, bullying. It is also important to note, in the spirit of the Media and Sport (Mr Edward Vaizey): We have made it hon. Lady’s question, that we help teachers to help their clear that we expect social media companies to respond pupils, particularly when they are subject to abuse online. quickly and robustly to incidents of abusive behaviour on their networks. We will be inviting a number of Kerry McCarthy (Bristol East) (Lab): I hope that the social media companies to discuss what more can be Minister will be aware of the report from End Violence done to protect all users, including young people and Against Women, “New Technology: Same Old Problems”. women, online. One issue that the report highlighted was the sharing of intimate pictures online, suggesting that even if the person in the photograph had originally consented to it Bob Blackman: Clearly, we must do everything we being taken, they ought to have the right to object to it can to stop women being abused in public life. Does my being posted online, and that the internet service provider hon. Friend agree that it is deeply regrettable that or the website should co-operate with them in getting it several political parties have failed to stamp down on removed. sexual abuse in their own parties? Mr Vaizey: I am aware of that report, and that is Mr Vaizey: It is important for any organisation, another important issue that is worth raising with social whether a political party or a company, to stamp down media companies. There is a debate in Europe at the on sexual abuse wherever it emerges. moment on the future of data protection regulations, 1007 Oral Answers30 JANUARY 2014 Oral Answers 1008 and it is important to put on the table the issue of in Europe. Does the Minister agree that the Government’s people being able to retrieve their data from websites to introduction of tax-free child care really helps working which they have freely given them. parents get the affordable quality child care they need?

Mr Nigel Dodds (Belfast North) (DUP): Following Jenny Willott: My hon. Friend is absolutely right. on from the very good debate that we had in the House That is not the only thing the Government have done to on cyber-bullying and from the question that the hon. ensure that child care is affordable. By increasing the Member for Pudsey (Stuart Andrew) has just asked number of hours of free Government-funded child care about plans for a meeting, is it not the case that the to which three and four-year olds are entitled, parents Minister and all of us need to do more to educate and are saving nearly £400 a year more. Furthermore, by help not only teachers but parents about these dangers? introducing extra free child care for disadvantaged two- Should we not also be helping parents to understand year-olds, parents save £2,400 a year, which makes a their responsibilities and advising them on what more significant difference to the families of some of the they can do to protect their children? most deprived young children.

Mr Vaizey: The right hon. Gentleman makes a good Mr Speaker: Order. point. The work we have done with ISPs has been to give parents the tools on how to block sites. I am Mrs Sharon Hodgson (Washington and Sunderland particularly pleased that the main ISPs have come together West) (Lab) rose— and put £25 million on the table to begin a campaign—I think it starts this spring—to educate parents who, for Mr Speaker: I beg your pardon. I did not give the many reasons, are not as familiar with the technology as hon. Lady her opportunity to speak. She would have are their own children. been deprived. Child Care Provision Mrs Hodgson: I am very grateful to you, Mr Speaker. 5. Alex Cunningham (Stockton North) (Lab): What Since the last election, the cost of nursery places has steps she is taking to increase child care provision to risen five times faster than pay, and there are 35,000 fewer help women in their careers. [902278] child care places. Given that so many women are forced out of work because of unaffordable child care, will the The Parliamentary Under-Secretary of State for Women Minister back our plans to provide 25 hours of child and Equalities (Jenny Willott): The Government want care for all three and four-year-olds of working parents? parents to be able to access affordable child care so that they can afford to work while knowing their child is in a Jenny Willott: I do not recognise the figures highlighted safe and stimulating environment. The Department for by the hon. Lady. The latest figures from the Department Culture Media and Sport provides grants to those wishing for Education show that there are 100,000 more child to set up a new child care business and the Department care places. According to the latest figures, there were for Education is increasing child care provision by: 2 million child care places in 2011, which was a 5% simplifying the rules so nurseries can expand more increase on 2009, so the number of child care places easily; enabling good and outstanding childminders to has increased. As the mother of two young children, I access Government funding for early years places to totally appreciate that the cost of child care can be an make care cheaper for parents; and legislating to create excessive burden on families. However, the Government childminder agencies to give parents and childminders have done a lot to offer support and are doing more more choice. with the offer of tax-free child care from next year, which will make a significant difference to the amount Alex Cunningham: With local authorities reporting that parents have to pay for their child care. that the number of breakfast and after-school clubs is deteriorating fast, will the Minister back Labour’s proposals to guarantee them specific funding in the future? ROYAL ASSENT

Jenny Willott: As I understand it, there are 500 more Mr Speaker: I have to notify the House, in accordance after-school clubs than there were at the time of the last with the Royal Assent Act 1967, that the Queen has election, which is a 5% increase over the past couple of signified her Royal Assent to the following Acts: years. The Department for Education is working extremely Mesothelioma Act 2014 closely with schools to encourage the increase of breakfast clubs, wraparound care and after-school clubs as they Local Audit and Accountability Act 2014 make it far easier for a large number of parents to work European Union (Approvals) Act 2014 while their children are in a safe and protected environment. Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 Caroline Dinenage (Gosport) (Con): As a working mother under the previous Government, I was painfully Hertfordshire County Council (Filming on Highways) aware of how child care costs became the most expensive Act 2014. 1009 30 JANUARY 2014 Business of the House 1010

Business of the House has not scheduled more time when there is plenty of spare time next week to ensure that all amendments 10.34 am tabled get a proper hearing in this Chamber? Will he now schedule extra time? Surely he cannot be afraid of Ms Angela Eagle (Wallasey) (Lab): Will the Leader of his own Back Benchers. the House give us the business for next week? The winter Olympics in Sochi get under way next week and I am looking forward to cheering on our The Leader of the House of Commons (Mr Andrew Lansley): Olympic and Paralympic athletes, but we cannot ignore The business for next week is as follows: the homophobic laws that the Russian Government MONDAY 3FEBRUARY—Second Reading of the have recently passed and the resulting vicious crackdown. Deregulation Bill. In an attempt to downplay that law, President Putin has TUESDAY 4FEBRUARY—Consideration of Lords assured us that some of his best friends are gay while amendments to the Anti-Social Behaviour, Crime and praising Elton John as an “extraordinary person”. The Policing Bill, followed by a debate on a motion relating mayor of Sochi has claimed that there are no gay people to energy company charges for payment other than by in his town at all. Surely when lesbian, gay, bisexual, direct debit. The subject for this debate was determined and transgender people are oppressed, assaulted and by the Backbench Business Committee. killed in Russia, it is our duty to stand up for them. Will WEDNESDAY 5FEBRUARY—Opposition day (unallotted the Leader of the House outline what the Government day). There will be a debate on the NHS, followed by a will be doing to make our views on the unacceptability debate entitled “Job insecurity and the cost of living”. of that repression crystal clear to President Putin? Both debates will arise on an official Opposition motion. Nearly four years ago, the Chancellor predicted that THURSDAY 6FEBRUARY—General debate on Scotland’s by now the economy would have grown by 8.4%. This place in the UK, followed by a general debate on week, we learned that he has achieved 3.3%. Four years international wildlife crime. The subjects for both debates ago, the Chancellor promised he would eliminate the have been determined by the Backbench Business deficit by the end of the Parliament. He is now telling us Committee. that it will take nearly twice as long. Yesterday, the Governor of the Bank of England pointed out that the FRIDAY 7FEBRUARY—The House will not be sitting. “consumer spending boom” that the Chancellor has The provisional business for the following week will unleashed is unsustainable and on Monday the Business include: Secretary broke ranks and warned that with no rebalancing MONDAY 10 FEBRUARY—Consideration of Lords in sight the Government are presiding over the wrong amendments. sort of recovery. TUESDAY 11 FEBRUARY—Opposition day (unallotted Instead of fixating on statistics in a doomed attempt day). There will be a debate on an Opposition motion. to tell people that they are really better off, should not Subject to be announced. the Government be promising that there will be no further tax cuts for millionaires? Or will they just admit WEDNESDAY 12 FEBRUARY—Motions relating to the police grant and local government finance reports. that under a Tory government all we will get is tax cuts for the few and falling living standards for the many? THURSDAY 13 FEBRUARY—Business to be nominated Will the Leader of the House arrange a debate in by the Backbench Business Committee. Government time on what on earth the Chancellor FRIDAY 14 FEBRUARY—The House will not be sitting. could mean by the phrase, “We’re all in this together”? Recent floods have caused anguish for people up and Ms Eagle: I thank the Leader of the House for down the country and the weather forecast means that announcing what little Government business there is things looks likely to get worse over the next few days. for next week. An analysis by the House of Commons Last night it emerged that the Somerset Levels, which Library has revealed that this Government spend a have been flooded for almost a month, will now get third less time debating Government legislation than assistance from the military. It comes to something the previous Government. Is that because they have run when it takes a PR disaster by the Secretary of State for out of ideas or because they are too busy arguing Environment, Food and Rural Affairs to get the among themselves to produce any positive proposals? Government finally to do the right thing for the people The Immigration Bill was once considered the centrepiece of Somerset. of Lynton Crosby’s legislative agenda, but eight months The Environment Secretary claims that he has been on from the Queen’s Speech the Bill is in disarray. spending more than ever on flood defences, but total Having been in suspended animation for two months, it spending on flood protection has fallen by as much as returns today with more than 50 amendments tabled at £100 million. The Government have almost halved spending the last minute by a Government running scared of on river maintenance, and it has emerged that a year their own mutinous Back Benchers. Almost uniquely, it ago they ignored a report that specifically mentioned comes back to the Floor of the House without a second the need for dredging in Somerset. He may have been programme motion that would have guaranteed debate outwitted by badgers moving the goalposts, but even so, on all parts of the Bill. That means that we will not have can we have a statement from the Environment Secretary time to consider crucial issues such as the wrong-headed about what he plans to do to get a grip on his brief? abolition of first-tier tribunal appeals in immigration Mr Speaker, may I take this opportunity to congratulate cases. the England women’s cricket team on their outstanding Will the Leader of the House now admit what I and performance in retaining the Ashes? What does that say many of his Back Benchers already know: that less than about never leaving men to do a woman’s job? I am sure five hours is simply not enough time to debate the that the Leader of the House will tell us how the amendments to the Bill? Perhaps he could tell us why he Government plan to honour their success. 1011 Business of the House30 JANUARY 2014 Business of the House 1012

Mr Lansley: I am grateful to the shadow Leader for problems that they created in the past and would create her response to the business statement, in particular for again in the future. More borrowing leads to more giving us notification of the debates next Wednesday so taxes, which leads to cutting this country’s economic that the House knows them well in advance. I welcome security, but we need to give people a greater sense of the debate on job insecurity, which no doubt for the security. Opposition will be led by the shadow Chancellor. We are only a month into 2014, and I wish that next The hon. Lady asked about time spent on legislation. week’s Opposition day did not reflect the Labour party’s As far as I can see, the amount of time spent debating desire to shift the debate away from the economy, which legislation in this Parliament looks set to be almost grew by 1.9% in 2013. There are 1.6 million more people the same overall as in the last Parliament—about employed in the private sector and, according to a 3,200 hours, although it is not terribly sensible to measure Lloyds TSB survey, business confidence is at its strongest the quality of legislation by the amount of time spent since 1994. Inflation has hit its 2% target and the debating it, not least as many Public Bill Committees International Monetary Fund has confirmed that Britain have finished early, and we have devoted more time to is the fastest-growing major European economy. We are debate on Bills on the Floor of the House, as distinct pursuing a long-term economic plan that will reduce from in Committee. the deficit, cut taxes, create more jobs, make welfare The shadow Leader asked about the Immigration work, and deliver better schools and skills, but all we Bill, which we brought back, as we anticipated we have from the Labour party is more taxes, more borrowing would in the programme motion—she said that there and, I am afraid, more debt. was not a programme motion—passed by the House on 22 October. Often, when we table additional programme Several hon. Members rose— motions that have the effect of inserting knives into the programme, we are criticised; when I do not bring a programme motion to the House and do not insert Mr Speaker: Order. As right hon. and hon. Members knives, the shadow Leader complains. It is perfectly will know, my normal practice is to call everyone in this normal to proceed on the basis of the programme session to put a question. However, today we have motion set at the commencement of debate on a Bill. important matters appertaining to the Immigration Bill to consider and a pretty constrained timetable in which The hon. Lady also asked about the winter Olympics. to do so. I cannot do anything about that, but it would I was not in the House at that moment, but I understand help if we could have brevity from Back and Front that my right hon. Friend the Member for Chelmsford Benchers alike. I warn colleagues in advance that it (Mr Burns) asked my right hon. Friend the Secretary of might not be possible to accommodate everyone at State for Culture, Media and Sport about the matter, as business questions on this occasion because I have to indeed did the hon. Member for Rhondda (Chris Bryant). take account of the next business. My right hon. Friend the Secretary of State will have made clear to the House the support that we are giving to gay groups and organisations in Russia. I hope that Andrew Rosindell (Romford) (Con): Will the Leader our support for them and for human rights generally is of the House, on behalf of the Government, take the transparent, including arguing for the defence of human opportunity to make a statement in defence and support rights in Russia. of the Queen and the royal family, and the amazingly good value that they provide to the United Kingdom, The shadow Leader of the House asked about the and the territories and realms? Will he set out that any floods, which we have discussed in previous business underfunding is due to a failure of Governments properly questions in response to questions from my hon. Friends. to fund the royal family, and dissociate himself from the She and the House will have heard in Prime Minister’s disrespectful and unwarranted report published by the questions yesterday what the Prime Minister said we Public Accounts Committee? would be doing about that. I can reiterate that we are spending £2.4 billion in this four-year spending period, which is more than the £2.2 billion spent by the previous Mr Lansley: The Government applaud the way in Government in the previous four-year period. The which the royal household has been managing its affairs partnership funding approach has brought in a further more cost-effectively in recent years and securing greater £180 million of external money. That means that more value for money while living, in what are inevitably is being spent on flood risk management than ever tough times, in a way that reflects the pressures that before. exist throughout the public sector and in many The hon. Lady also asked about reducing the deficit. organisations. The Chancellor of the Exchequer was I thought that was probably a bit of an own goal on the absolutely right to establish a new arrangement—my part of the shadow Leader of the House, when it has hon. Friend will recall it—that gives more certainty and become obvious that the Institute of Fiscal Studies has security for future funding in relation to revenues from not only demolished Labour’s 50p tax rate policy but the Crown Estate. has found out the shadow Chancellor for the way he constructed his plan for reducing the deficit. It does not Mr Dave Watts (St Helens North) (Lab): Four weeks involve reducing the deficit at all—by no more than ago, I asked for a statement on the publication of a about a third of what is required—because it leaves out report on food banks, and last week I asked the same entirely borrowing for investment, which is absurd. The question. Will the Leader of the House get in touch amount of borrowing is the amount of borrowing. We with the Department for Work and Pensions to get it to have to reduce the deficit. The Labour Government left publish that report? May I suggest that he sends some us with the largest deficit in the OECD, and they dogs in, because the Department has had the report for continue not to understand the nature of the economic so long that it must be out of date by now? 1013 Business of the House30 JANUARY 2014 Business of the House 1014

Mr Lansley: I will try, as I always endeavour to do on Mr Peter Bone (Wellingborough) (Con): Of the 144 hours behalf of Members, to secure a response to the hon. that Parliament has sat this year, 33 hours have been Gentleman as soon as I can. spent on Government Bills. We have an Immigration Bill before the House today and there are nearly 50 pages Caroline Dinenage (Gosport) (Con): Commuters on of amendments on very, very important issues. I urge the south coast have been struggling with inadequate the Leader of the House to think again and to bring in transport infrastructure for decades. Gosport is the at this late stage an extra day to debate exceptionally largest town in the UK without a railway, it takes longer important issues. to travel on the fast train from Portsmouth to London than it does to go from London to Doncaster, and the Mr Lansley: My hon. Friend will know that so far in A32 and M27 are virtually at gridlock. Will the Leader this Session the House has spent just over 500 hours of the House arrange a debate on the transport debating Government legislation. I entirely understand infrastructure in the Solent region? the point he makes about Bills having two days on Report, and we have programmed that seven times in Mr Lansley: My hon. Friend might like to pursue the instances where that was programmed at the outset. I broader question of transport links in her area through cannot give another day. We have to make progress with an Adjournment debate, if she is able to secure one, but this business. My hon. Friend understands perfectly I shall of course get a reply from a Transport Minister, well, I know, that in order to be confident that the Bill which will reflect the fact that we are making the largest will secure passage—and we must ensure that it does—we investment in this country’s railways since the Victorian wanted to make sure that it was completed now. era. Mr Nigel Dodds (Belfast North) (DUP): May we Siobhain McDonagh (Mitcham and Morden) (Lab): have a debate in Government time on aviation and Will the Leader of the House consider holding a debate regional airports in the United Kingdom? With the on the introduction of the bobby tax, which has gone ongoing work of the Davies commission, the impact unnoticed by many Members, but will require young that this has on the regions is extremely important. For people to pay £1,000 to apply to join the police, which Northern Ireland the link into long-haul flights and to will be an insurmountable hurdle for many disadvantaged London is particularly important. groups? Mr Lansley: My hon. Friends from the Department Mr Lansley: I recall this question being raised previously for Transport will be at the Dispatch Box next Thursday, with the Prime Minister. If I may, I will endeavour to if the right hon. Gentleman has an opportunity to ask establish what reply the Prime Minister subsequently them questions relating to that. I know that he and gave, and ensure that it also reaches the hon. Lady. other Members will recall that the potential of regional airports was stressed very much when the interim report Lorely Burt (Solihull) (LD): Reputable temporary of the Airports Commission was published, and we employment agencies are being undercut by disreputable continue to take that very seriously. ones which incorporate travel and subsistence in basic remuneration. The Government are taking action to Miss Anne McIntosh (Thirsk and Malton) (Con): tackle these agencies, but further, faster action needs May I request an early and urgent debate on the role of to be taken before more reputable agencies go out of dredging and regular maintenance of watercourses, both business. May we please have a debate on what can be major and minor, in the prevention of flooding? In done in this unfortunate circumstance? addition, may we discuss the further delay to the adoption of the sustainable drainage systems regulations? Sustainable Mr Lansley: I will see what our hon. Friends at the drainage has a huge impact on the potential reduction Department for Business, Innovation and Skills are able of flooding and the regulations are long overdue. to advise in relation to that. My recollection is that the rules on what is counted in the minimum wage are very Mr Lansley: I cannot promise an immediate debate, clear about these matters, but I will take further advice. although I suspect the House will have opportunities relatively quickly now to debate and discuss the implications Caroline Lucas (Brighton, Pavilion) (Green): Naloxone of the widespread flooding and, in particular, to receive reverses the effects of opiate overdose but it currently an update in relation to the very difficult circumstances needs to be prescribed. The Advisory Council on the experienced in Somerset. I entirely take my hon. Friend’s Misuse of Drugs has recommended that it be made point. I know from my own area the importance of more widely available to trained people such as hostel internal drainage boards and they work they do in staff so that they can more effectively intervene in an maintaining drainage. I do not wish to embarrass my overdose case. May we therefore have a debate, please, hon. Friend, but may I say that her question is a further on the limitations created by the Medicines Act, which reflection of the very important work she does here on contains rules that are preventing this ground-breaking behalf of her constituents and others? She is a fine work from going further and more lives from being Chair of the Environment, Food and Rural Affairs saved? Committee and we much appreciate the work she does in this House. Mr Lansley: As the hon. Lady asks about the Medicines Act, I will ask my hon. Friends at the Department of Hon. Members: Hear, hear. Health about how that is applied in the circumstances she describes and whether anything can be done to help Mr Speaker: I hope that the cheers for that proposition in the way she seeks. will be noted in the north of England. 1015 Business of the House30 JANUARY 2014 Business of the House 1016

Diana Johnson (Kingston upon Hull North) (Lab): Mr Lansley: I remind my right hon. Friend that the May we have a debate on the Deputy Prime Minister’s Government’s investment in rail is intended principally national pledge for free hot school meals for infants to increase capacity, as demand on the railways has from September 2014, which of course was pioneered in doubled since privatisation. We need more capacity. Hull in 2004 by Labour but axed by the Liberal Democrats? With regard to speed limits on the M1, I understand Or is it likely to go the way of all pledges that the that the reduction is to be a temporary measure related Deputy Prime Minister makes? to air quality, but I will of course ask the Under-Secretary of State for Transport, my hon. Friend the Member for Mr Lansley: I am sure that the House will have an Scarborough and Whitby (Mr Goodwill)—my right opportunity to discuss that when we consider Lords hon. Friend’s parliamentary neighbour—to respond to amendments to the Children and Families Bill. him on that point. Derek Twigg (Halton) (Lab): The Leader of the Henry Smith (Crawley) (Con): My constituents House recently arranged for a reply from the Department Mr and Mrs D’Costa-Manuel have been trying to get for Work and Pensions on a matter I raised about delays disability living allowance for their autistic son. Despite in personal independence payments, for which I am the fact that they have lived in this country for over grateful, but yet again I have had a constituent raise three decades and their son was born here, they have the matter with me. May I again request a debate in been unsuccessful in the application, because of a short Government time so that we can discuss and examine in period of time spent in Australia. Will the Leader of the detail the delays, which are affecting my constituents House ask our right hon. Friend the Secretary of State and many across the country? for Work and Pensions to look into the case and make a statement? Mr Lansley: I am grateful to the hon. Gentleman. We did indeed correspond following his previous question, Mr Lansley: I appreciate my hon. Friend’s concern and that confirmed that the Department does not have for his constituents, but one of the conditions for entitlement a target for completion of personal independence payment to disability living allowance, as he will know, is that a claims. It is a new benefit, and we are looking closely at claimant must have been present in the country for two how long the journey to completion of claims takes, of the past three years. He will understand that all against the original estimates. Where there are further decisions on benefit claims must be made in accordance opportunities to streamline those processes, we will with the relevant legislation, but if he provides further certainly introduce them. details I will ask the Department for Work and Pensions Guy Opperman (Hexham) (Con): May we have a to look into the matter. Treasury debate on regional cuts to air passenger duty for entrants to the long-haul market, which would Steve Rotheram (Liverpool, Walton) (Lab): The Prime stimulate growth, reduce the burden on the south- Minister has curiously contested the fact that children east and kick-start the regional economy? I echo what poverty had risen, saying he was not happy was said by the right hon. Member for Belfast North “with the measure. I think we need a better measure.”—[Official (Mr Dodds). Report, 29 January 2014; Vol. 574, c. 859.] Mr Lansley: I will not reiterate what I have said, but Will the Leader of the House allow a debate in Government the point about regional airports is well taken. Taxes time to discuss what the Government propose to do and duties are of course matters for my right hon. about the escalating problem of child poverty, other Friend the Chancellor of the Exchequer, but I will be than fiddling the figures? glad to alert my hon. Friends at the Treasury to the point that my hon. Friend raises. Mr Lansley: The House will recall that the Prime Minister said that the data the previous Government Tom Greatrex (Rutherglen and Hamilton West) (Lab/ used to measure child poverty related to relative poverty Co-op): Will the Leader of the House trouble his Cabinet and that, on that measure, it has come down. The colleague the Secretary of State for Energy and Climate figures for 2011-12, the latest period for which data are Change to come to the House to provide a statement on available, show the number of children in relative poverty the latest confusion in energy policy? Just last month, to be 2.3 million, a fall of 300,000 from 2009-10, when he described Ofgem as fit for purpose, but it is widely the figure was 2.6 million. The latest data from this reported today that ministerial sources have said Ofgem Parliament show that the number of children in relative is in the last chance saloon. Given that part of Labour’s poverty has fallen by 300,000. policy is to reset the dysfunctional energy market, may we have a statement to help the Secretary of State to catch up with the reality of the system over which he is Sir Greg Knight (East Yorkshire) (Con): May we have presiding? a debate on transport? Is the Leader of the House aware that the Government, at a time when they are Mr Lansley: If I may, I advise the hon. Gentleman seeking to spend billions of pounds to enable a few not to base questions simply on press reports, but on trains to run faster, have bizarrely announced that they facts. want to lower the speed limit on certain sections of the M1 motorway, and for reasons other than road safety, John Pugh (Southport) (LD): On the Immigration which is without precedent? We already have the lowest Bill, will the Leader of the House clarify exactly what road speed limits in Europe, and only 8% of travellers percentage of Conservative MPs will follow the Prime choose to travel by rail, so will the Government announce Minister today, or is it Liberty Hall on the Government a new initiative—HSM1? Benches? 1017 Business of the House30 JANUARY 2014 Business of the House 1018

Mr Lansley: I am not sure that I quite understand my far as I am concerned, we have allocated enough time: hon. Friend’s question. During the course of today, the Thursday is a normal sitting day—we start two hours debate will proceed and votes will take place in the earlier, and we finish two hours earlier—and it is entirely usual way. normal for questions, such as the business question, to be asked. Mr John Spellar (Warley) (Lab): A couple of weeks ago, my hon. Friend the Member for West Bromwich Justin Tomlinson (North Swindon) (Con): This week, East (Mr Watson) and my right hon. Friend the Member Charlie Webster is running 250 miles and visiting 40 football for Wolverhampton South East (Mr McFadden) raised clubs to raise funds for Women’s Aid and to encourage with the Prime Minister in the Chamber concerns about football clubs, players and fans to unite in the fight British involvement in the bloody assault nearly 30 years against domestic violence. May we have a debate on ago on the Sikh Golden Temple in Amritsar. Will the utilising the power of sport to tackle domestic violence? Leader of the House update us on the progress of the consequent inquiry? Will it report next week, and will he arrange for a statement either by the Prime Minister Mr Lansley: I am very glad to join my hon. Friend in or the Foreign Secretary? congratulating Charlie Webster on taking up that challenge, which will give not only financial support, but tremendous Mr Lansley: I regret that I cannot advise the right publicity to something that all hon. Members have hon. Gentleman and the House on the timing of the collectively shown our commitment to, which is to try completion of that inquiry, although it is being proceeded to reduce domestic violence in all circumstances and to with as a matter of urgency. As I have said, for that give people a strong sense of its unacceptability. reason I cannot advise the House about the character of the statement that will then be made. Jonathan Edwards (Carmarthen East and Dinefwr) (PC): Today, the Wales Audit Office has published two Philip Davies (Shipley) (Con): Will my right hon. damning reports on unlawful payments made from Friend ask the Secretary of State for Work and Pensions public funds to the chief executive of Carmarthenshire to come to the House early next week to make a county council. One relates to a serious charge about a statement on the latest idiotic comments from the Council pension arrangement that enabled that highly paid public of Europe that benefits levels in this country are too low official to evade tax. May we have a statement from the and should be almost doubled? For how much longer Treasury on guidance issued to public bodies across the will this Government allow the Council of Europe and British state about the moral obligation of senior public unelected pseudo-judges in the European Court of Human officials to pay their due tax, and about penalties for Rights to decide things in this country that should be non-compliance? decided by this Parliament? Mr Lansley: I have seen what the Wales Audit Office Mr Lansley: I am sure that my right hon. Friend the has said about the lawfulness of those payments, and I Secretary of State for Work and Pensions would welcome hope that they are exceptional rather than typical. My the opportunity to come to the Dispatch Box on that right hon. Friend the Chief Secretary to the Treasury subject. He might well say, as I do, that it is lunacy for has been clear about the nature of payments made the Council of Europe to suggest that welfare payments across the public sector, and he has moved us on from need to increase when we paid out £204 billion in the practices of the past. benefits and pensions last year alone. Millions of people find that the welfare system in this country provides a valuable and fair safety net when they need it most—not Andrew Bridgen (North West Leicestershire) (Con): least pensioners, who benefit from a triple lock that now For 33 years, British lecturers working in Italy have represents the highest share of earnings received by been discriminated against in their employment rights pensioners in their state pension for more than 20 years. and pay. The Italian Government have ignored six European Court of Justice rulings against them on the Chris Bryant (Rhondda) (Lab): I remember the days issue, but at the end of last year the lecturers, known as when the Leader of the House used to say that there the lettori, had some hope when the Italian Foreign and ought preferably to be two full days on Report, or at Education Ministers said that they were looking for a least a day on which there is no statement. Today, a solution at last. May we have a statement from the Thursday, is the one day when there will always be a Foreign Office about how that long-running issue might business statement. It is the shortest day, and the most be resolved soon? difficult day on which to have proper debate. Why on earth are we having the whole of the Report stage of the Chris Bryant: Very good question. Immigration Bill in one afternoon? Since he has effectively conspired with the Chief Whip to make sure that their colleagues do not get to debate all the amendments, will Mr Lansley: My hon. Friend does indeed ask a very he congratulate the Speaker on stitching him up like a good question, and an interesting one. If I may, rather kipper? than detain the House now, I will ask my right hon. and hon. Friends at the Foreign Office to respond to him. I Mr Lansley: Under the previous Government—indeed, will be interested in the reply. when the hon. Gentleman was Deputy Leader of the House—it was much less common for Bills to have two Keith Vaz (Leicester East) (Lab): May I begin by days on Report, while it was more common to have congratulating you on your double celebration this programme motions to insert knives into debates. As week, Mr Speaker—not just an honorary degree from 1019 Business of the House30 JANUARY 2014 Business of the House 1020

City university but, more importantly, an honorary we can attract greater private sector investment and tell doctorate from De Montfort university, Leicester, which Network Rail and the Environment Agency to stop it was delighted to hand you? dithering, start acting and sort out our flood resilience?

Chris Bryant: Utter creep! Mr Lansley: I will not go on at length, but my hon. Friend and other colleagues from the south-west have— quite rightly—stressed the need for resilience and Keith Vaz: I have learned well from my hon. Friend. improvement in connections through the south-west, On the subject of education, may I ask the Leader of both road and rail. The Environment Agency is currently the House when we can have an urgent statement from considering a number of studies on that rail route, and the International Development Secretary about the the Department for Transport and the Highways Agency Government’s decision to withdraw from the Government are considering a number of expediting studies relating of Yemen £14 million of funding to help with their to the route from the A30/A303. education system? We do not want Yemen to become another Syria, and the withdrawal of that funding is Mr Andy Slaughter (Hammersmith) (Lab): May we causing serious problems. have a debate on how the Metropolitan police investigates fraud? That will allow Members to contrast the cosy Mr Lansley: I will of course ask my right hon. Friend relationship between the Met and big business—whereby the Secretary of State for International Development to it assists private prosecutions in return for a share of the respond to the right hon. Gentleman and, if appropriate, compensation—with the treatment of my constituents to inform the House by means of a statement. who have to report even substantial frauds online to When we spoke earlier this week, Mr Speaker, modesty Action Fraud. Its pro forma response is, “It’s not possible clearly forbade you from alerting me to those splendid for the police to investigate every report they receive.” honours. People only hear from the police now if they are able to progress the investigation further. The rest is silence. Bob Blackman (Harrow East) (Con): This week, Mr Lansley: The hon. Gentleman might like to initiate Travellers illegally occupied the Chandos recreation an Adjournment debate on that subject, although I ground in my constituency, creating a climate of fear suspect we have just heard the speech. among residents and concern among people using the park legally. Harrow council has taken prompt action Tessa Munt (Wells) (LD): May we have a debate on to get them evicted. May we have a statement or a why the lobbyist John Murray, chief executive of the debate in Government time about what further action Specialised Healthcare Alliance—an organisation totally the Government can take to stop that scourge on our funded by powerful drug companies—has been allowed society? to co-author NHS policy on £12 billion of specialised services, including cancer radiotherapy treatment, with Mr Lansley: My hon. Friend will recall a recent James Palmer, clinical director of NHS England? statement from Ministers at the Department for Mr Lansley: Over many years I have known John Communities and Local Government on policy relating Murray to be, in personal terms, somebody who is very to Travellers. They take the issue extremely seriously. expert on specialised health care issues. Whoever happened My hon. Friend the Member for South West Bedfordshire to be party to the authorship of the policy, the responsibility (Andrew Selous) has a debate in Westminster Hall on lies within NHS England. Its job is to ensure that it Tuesday on policy relating to Gypsies and Travellers, exercises a dispassionate and impartial approach to the and my hon. Friend the Member for Harrow East (Bob making of policy. Blackman) might well find it helpful to raise the matter then. Meg Hillier (Hackney South and Shoreditch) (Lab/ Co-op): There has been talk of a debate on infrastructure, Mr Barry Sheerman (Huddersfield) (Lab/Co-op): Is but is it not time for a debate on the proper roll-out of the Leader of the House aware that at this very moment, broadband? Swathes of the country are having problems, the Icelandic Government and Kaupthing Bank, aided despite billions of pounds of public money, and even in and abetted by the accountants Grant Thornton, are Shoreditch we have problems with connectivity, speeds filching hundreds of millions of pounds from the UK and not-spots. Is it not time for the Government to hold taxpayer? May we have an early debate on that? It is a debate to consider how to embrace new technology losing our taxpayers an enormous sum, and nobody in and find better ways of using Government money to the Treasury seems to care about it. support infrastructure for a modern country? Mr Lansley: From memory, that issue has been raised Mr Lansley: In my experience the Treasury cares a repeatedly during questions and in debates. Indeed, it great deal about caring for the money of the people of was raised in questions earlier today, and the hon. Lady this country, and Treasury Ministers certainly do. Rather will have heard—as I did—that Ministers are pursuing than venture into areas with which I am not entirely every avenue to ensure that we tackle not-spots, as they familiar, I will ask them to respond to the hon. Gentleman are described, and meet the fastest possible timetable about that issue. for the roll-out of superfast broadband. Mr Gary Streeter (South West Devon) (Con): May Robert Halfon (Harlow) (Con): Has my right hon. we have a debate in Government time about regional Friend seen my early-day motion 937 on the stealth infrastructure, so that we can spell out again the significance taxes that energy companies charge the poor and pensioners to the far south-west of the Paddington rail link, press if they do not pay by direct debit? He will also be aware for improvements to the franchise arrangement so that of the Backbench Business Committee motion in my 1021 Business of the House30 JANUARY 2014 Business of the House 1022

[Robert Halfon] will find them to be sympathetic, as many hon. Members are, to the idea of reducing food waste. Some retailers name, signed by more than 170 MPs, which calls for have taken significant steps in recent weeks to try to action on that issue. Will he urge the Government to reduce waste. make a statement on what they can do to help the poorest in our society? Mrs Madeleine Moon (Bridgend) (Lab): May we have a debate jointly with the Department of Health and the Mr Lansley: I have seen the early-day motion and the Ministry of Justice on how we can limit the lethal impressive number of signatures on his Backbench nature of helium canisters, which are generally available Business Committee motion. I am pleased that the on public sale, and which are responsible for a growing House will have the chance to debate that issue on number of deaths? Can we work with manufacturers on Tuesday, and the Government will make a statement in how to reduce the lethal nature of the helium for those the course of that debate. who are so disturbed as to use it?

Nick Smith (Blaenau Gwent) (Lab): May we have a Mr Lansley: I cannot immediately promise a debate, statement on the scandal of revolving-door pay deals in but the hon. Lady makes an important point that she the NHS following reorganisation? One manager was might like to pursue by way of an Adjournment debate. paid £370,000 despite not leaving the health service at Ministers in different Departments will be glad to work all. Who is responsible for that incompetence? together to address the problem she describes.

Steve McCabe (Birmingham, Selly Oak) (Lab): May Mr Lansley: The reforms of the NHS have led to we have a debate on encouraging business start-ups, 7,500 fewer managers working in the NHS and, from and will the Leader of the House join me in congratulating memory, there are something like 10,000 additional Councillor Eva Philips on her “Make Change” initiative, clinical staff in the NHS. On the managers, it is completely which launches in my constituency tomorrow, and which wrong to interpret the fact that positions become redundant brings together NatWest, Social Entrepreneurs Unlimited, and people leave those jobs with the implication that Social Breakfast and Hot 500 to offer advice and financial they are not people who, on a personal basis, should fill support to young people who want to start their own posts in the NHS in future. It was always clear at the business? time—I remember it—that there needed to be a substantial number of people who did not leave the service but transferred elsewhere, and that happened. If a small Mr Lansley: I am glad to take this opportunity to join number came back into employment having taken the hon. Gentleman in supporting enterprise in his redundancy, that was a product of the Labour contract constituency. If there were an opportunity for a debate, from 2006, not a consequence of our policy. I would welcome one, because we have in excess of 400,000 more businesses in this country. The rate of creation of new businesses is at its highest, I believe, Neil Carmichael (Stroud) (Con): With the encouraging since records began, which bodes well for the future. news that the manufacturing sector grew by 0.9% in the past quarter, does the Leader of the House agree that we should have a debate on the measures the Government Tom Blenkinsop (Middlesbrough South and East are taking to improve productivity, because progress on Cleveland) (Lab): The UK Commission for Employment that front will lead to higher standards of living for all? and Skills has found a worsening shortage of skills hindering UK businesses. The amount that employers spend on training has decreased from £1,680 per employee Mr Lansley: Yes, my hon. Friend is right. Many in 2011 to £1,590 in 2013. May we have a statement on people are looking forward positively. My friends at the whether that is linked to the £56 billion decline in British Chambers of Commerce reported only this month investment in small and medium-sized enterprises since that manufacturing balances are at an all-time high in 2010? terms of positive sentiment, which will lead to business and manufacturing investment. Alongside the steps the Mr Lansley: Part of our long-term economic plan is Government have taken to support manufacturing, the to ensure that we have better skills to support industry. sector itself, through that investment, looks set to increase Bringing people into jobs creates many opportunities productivity and hence competitiveness. for those skills to be related directly to work opportunities—we have the highest level of vacancies. Kerry McCarthy (Bristol East) (Lab): Given the news However, we are working continuously to ensure that of the Crown Prosecution Service’s attempted prosecution the appropriateness of skills to employment is improved. of three people who took discarded food from a skip at the back of Iceland—the prosecution has now been Valerie Vaz (Walsall South) (Lab): May we have an dropped—may we have a debate in Government time urgent debate on why action on the Corston review on on the absolutely scandalous levels of food waste in this women in prisons has stalled across Departments? country in which we can ask the Government to get behind the supermarkets’ attempts to reduce it? Mr Lansley: The hon. Lady will forgive me if I am wrong, but my memory is that we had a debate on the Mr Lansley: If the hon. Lady raises that with my hon. Corston report in Westminster Hall. I will check on that Friends at the Department for Environment, Food and and see to what extent I can ensure that the relevant Rural Affairs when they next respond to questions, she Department adds a response on the issues she raises. 1023 Business of the House 30 JANUARY 2014 1024

Nic Dakin (Scunthorpe) (Lab): Yesterday, the Prime Point of Order Minister ruled out giving more tax cuts to millionaires. In the interests of balance, will the Leader of the House 11.20 am arrange a statement on how much more tax people on incomes of under £10,000 pay as a result of increases in Caroline Lucas (Brighton, Pavilion) (Green): On a VAT and employees national insurance? point of order, Mr Speaker. As other hon. Members have pointed out, the Government are heavily amending Mr Lansley: On the contrary, the Prime Minister the Immigration Bill on Report, which means that a rightly stressed the coalition Government’s priority. In substantial piece of legislation is skipping the normal tough times, we are ensuring that those with the highest process of scrutiny and extra time is not being given. To incomes pay a higher proportion of tax, and that low make matters worse, the Government have not even income earners and the lowest paid have their tax bothered to table explanatory statements. They promised reduced by £700. Three million people are out of tax that they would do that, when they opposed making altogether, so those on lower incomes benefit the most them mandatory. Do you agree, Mr Speaker, that their from the Government’s tax policies. failure to do so now on such a complex piece of legislation at the very last moment is a serious abuse of our legislative process, and is there anything you can do Mr Speaker: Order. I must thank the Leader of the about it? House and Back Benchers for their succinctness. Thirty-nine Back Benchers contributed in 34 minutes of exclusively Mr Speaker: I thank the hon. Lady for her point of Back-Bench time, which shows what can be done when order. I am bound to say that she both looks and the pressure is on us. sounds very shocked. I hope she will understand when I say that, although she is a very seasoned politician with experience in another Parliament, I have been here a little bit longer and have therefore seen quite a lot of things before and am perhaps not quite as regularly shocked and astonished as she is.

The Leader of the House of Commons (Mr Andrew Lansley): Further to that point of order, Mr Speaker. Just so the hon. Lady understands and the House is aware, on explanatory statements on amendments, the Government have made it clear that we will attach explanatory statements on amendments in relation to any Bills introduced after 1 January. The Immigration Bill was not introduced after 1 January.

Mr Speaker: I am grateful to the Leader of the House, because that coheres with something I was about to say in any case. There are really two points. First, it is up to Ministers to decide what programming arrangements to put before the House. On 22 October, as the hon. Lady will doubtless recall, the House agreed to a day for Report on this Bill. It is up to Ministers whether to propose any further time. Secondly, on explanatory statements, the House decided that they would not be mandatory. It is indeed up to Ministers, and not to me, whether they are tabled or not. I had been intending in any case to say, and will now do so, that it is my understanding that Ministers will soon be providing such statements as a matter of routine. It would not have applied, as the Leader of the House has explained, in this case. I hope that that is helpful. At any rate, the matter is on the record. 1025 30 JANUARY 2014 Immigration Bill 1026

Immigration Bill Government new clause 18—Deprivation of citizenship: conduct seriously prejudicial to vital interests of the [Relevant documents: Eighth Report from the Joint UK— Committee on Human Rights on Legislative Scrutiny: Immigration Bill, HC935.] ‘(1) In section 40 of the British Nationality Act 1981 Consideration of Bill, as amended in the Public Bill (deprivation of citizenship), after subsection (4) insert— Committee “(4A) But that does not prevent the Secretary of State from making an order under subsection (2) to deprive a person of a New Clause 11 citizenship status if— (a) the citizenship status results from the person’s SUPPLEMENTARY PROVISION naturalisation, and ‘(1) This section applies if the referral and investigation (b) the Secretary of State is satisfied that the deprivation is scheme is extended by an order under section 48 (an “extension conducive to the public good because the person, order”). while having that citizenship status, has conducted (2) The Secretary of State may make administrative him or herself in a manner which is seriously prejudicial regulations in connection with the application of the scheme— to the vital interests of the United Kingdom, any of (a) to proposed marriages or civil partnerships under the the Islands, or any British overseas territory.” law of Scotland (insofar as the scheme is extended to (2) In deciding whether to make an order under subsection (2) them), and of section 40 of the British Nationality Act 1981 in a case which (b) to proposed marriages or civil partnerships under the falls within subsection (4A) of that Act, the Secretary of State law of Northern Ireland (insofar as the scheme is may take account of the manner in which a person conducted extended to them). him or herself before this section came into force.’ (3) For that purpose “administrative regulations” means Manuscript amendment (a) to Government new regulations of any kind set out in Schedule (Sham marriage and clause 18, after proposed new subsection (4A)(b) in civil partnership: administrative regulations) (sham marriage and subsection (1), insert civil partnership: administrative regulations). ‘and (4) The Secretary of State may by order make provision about— (c) the court gives the Secretary of State permission under subsection (4B). (a) the information that must or may be given, or (4B) (1) This sub-section applies if the Secretary of State: (b) the matters in respect of which evidence must or may be given, (a) makes the relevant decisions in relation to an individual in a case which falls within subsection (4A) in relation to proposed marriages or civil partnerships under the law of Scotland or Northern Ireland in cases where one or (b) makes an application to the court for permission to make both of the parties is not a relevant national. an order. (5) An order under subsection (4) may amend, repeal or revoke (2) The application must set out how the deprivation is conducive any enactment (including an enactment contained in this Act or to the public good and how the person, while having that citizenship in provision made by an extension order or an order under status, has conducted himself or herself in a manner which is subsection (4)). seriously prejudicial to the vital interests of the United Kingdom, and of the islands, or any British overseas territory. (6) If an extension order makes provision (“information disclosure provision”) having similar effect to the provision made (3) The function of the court on the application is: by paragraph 2 of Schedule 55 about the disclosure of (a) to determine whether the relevant decision of the Secretary information for immigration purposes, the Secretary of State of State is may by order specify other immigration purposes (in addition to obviously flawed, and those specified in provision made by an extension order or in any (b) to determine whether to give permission to deprive a provision made under this subsection) for which information person of citizenship in a case which falls within subsection (4A) may be disclosed under the information disclosure provision. (4) In determining the application, the court must apply the (7) The Secretary of State must consult— principles applicable on an application for judicial review. (a) the Registrar General for Scotland before making administrative regulations, or an order under (5) In a case where the court determines that a decision of the subsection (4), in relation to proposed marriages or Secretary of State in relation to the conditions set out in subsection civil partnerships under the law of Scotland; (4A)(b) is obviously flawed, the court may not give permission under this section. (b) the Registrar General for Northern Ireland before making administrative regulations, or an order under (6) In any other case, the court may give permission under this subsection (4), in relation to proposed marriages or section.’. civil partnerships under the law of Northern Ireland. Manuscript amendment (b) to Government new (8) Expressions used in this section or Schedule (Sham clause 18, after subsection (2), insert— marriage and civil partnership: administrative regulations) that ‘(3) The court is the appropriate tribunal for the purposes of are also used in section 48have the same meanings in this section section 7 of the Human Rights Act 1998.’. or Schedule (Sham marriage and civil partnership: administrative regulations) as in section 48.’.—(Mrs May.) New clause 13—Right of appeal: Impact assessment— Brought up, and read the First time. ‘Before the Secretary of State makes an order under section 65 (commencement) to bring into force section 11 (Right of appeal 11.23 am to First-tier Tribunal) he must— The Secretary of State for the Home Department (a) undertake an impact assessment of— (Mrs Theresa May): I beg to move, That the clause be (i) the number of appeals effected by the provisions of read a Second time. section 11; and Mr Speaker: With this it will be convenient to discuss (ii) the costs attributable to appeals to First-tier Tribunals; the following: and Government new clause 12—Power to charge fees for (b) lay a copy of a report on that impact assessment before attendance services in particular cases. Parliament.’. 1027 Immigration Bill30 JANUARY 2014 Immigration Bill 1028

New clause 15—Exceptions to automatic deportation— First-tier Tribunal or Commission is made no later than the thirty-sixth day following that on which the ‘(1) The UK Borders Act 2007 is amended as follows. detained person was detained; (2) In section 33 (Exceptions), in subsection (2)(a), for (d) The First-tier Tribunal hearing a case referred to it “Convention rights”, substitute “rights under Articles 2 or 3 of under this section must proceed as if the detained the Convention”. person had made an application to it for bail; and (3) In section 33, after subsection (6A), insert— (e) The First-tier Tribunal must determine the matter— “(6B) Exception 7 is where the Secretary of State thinks, (i) on a first reference, before the tenth day following taking into account all the circumstances of the case including that on which the person concerned was detained; the seriousness of the offence, that removal of the foreign and criminal from the United Kingdom in pursuance of a (ii) on a second reference, before the thirty-eighth day deportation order would cause such manifest and overwhelming following that on which he was detained. harm to his children that it overrides the public interest in removal.”. (5) For the purposes of this paragraph, “First-tier Tribunal” means— (4) In section 38 (Interpretation)— (a) if the detained person has brought an appeal under the (a) after subsection (3), insert— Immigration Acts, the chamber of the First-tier “(3A) In section 32, “Convention rights” has the same Tribunal dealing with his appeal; and meaning as in the Human Rights Act 1998 (c. 42).”; (b) in any other case, such chamber of the First-tier (b) omit paragraph (4)(b); Tribunal as the Secretary of State considers (c) after subsection (4) insert— appropriate. “(4A) In section 33, “rights under Articles 2 or 3 of the (6) In case of a detained person to whom section 3(2) of the Convention” means Articles 2 or 3 of “the Convention” as Special Immigration Appeals Commission Act 1997 applies defined in the Human Rights Act 1998 (c. 42).”.’. (jurisdiction in relation to bail for persons detained on grounds Amendment 74, in clause 1, page 2, line 34, at end of national security) a reference under sub-paragraph (3)(a) add— above, shall be to the Commission and not to the First-tier Tribunal. ‘(7) The Secretary of State shall by order— (7) Rules made by the Lord Chancellor under section 5 of the (a) ensure that children are not detained for immigration Special Immigration Appeals Commission Act 1997 may include purposes, except in the following circumstances— provision made for the purposes of this paragraph.”.’. (i) where the Home Secretary reasonably believes they are a threat to national security; Amendment 73, page 4, line 23, leave out clause 5. (ii) in port or border cases where departure is the Amendment 1, page 8, line 19, leave out clause 11. following day and no application for a visa or Government amendment 6. asylum has been made; or Amendment 80, in clause 12, page 10, leave out (iii) to provide pre-departure accommodation under lines 18 to 33. subsection (7)(b); and Government amendment 7. (b) ensure that if a child requires accommodation prior to departure it is— Amendment 81, page 11, line 32, leave out clause 13. (i) dedicated pre-departure accommodation which is Amendment 2, in clause 14, page 12, line 22, at end subject to inspection by HMIP; insert— (ii) for a maximum period of 72 hours; ‘(za) first, to the best interests of any child affected by a (iii) following a recommendation made by the decision as specified in section 117A(1).’. Independent Family Returns Panel, and Amendment 3, page 13, line 11, leave out ‘qualifying’. (iv) with their family. Amendment 4, page 13, line 12, leave out ‘reasonable (8) Where subsection (7)(a)(ii) and (iii) applies, the officer to expect’ and insert responsible must ensure that children are only separated from ‘in the best interests of’. their parents and carers for the purposes of child protection.’. Amendment 62, page 13, leave out lines 14 to 39 and Amendment 79, page 2, line 38 leave out clause 3. insert— Amendment 56, in clause 3, page 2, line 41, at end insert— 117C Cases involving Foreign Criminals (1) No decision of the Secretary of State under section 33(6B) ‘(1A) In paragraph 16 (detention of persons liable to (Exceptions) of the UK Borders Act 2007 may be questioned examination or removal) after paragraph (4) insert— except on appeal to the High Court. (5) A person detained under this paragraph must be released (2) For the purposes of determining whether to give on bail in accordance with paragraph 22 after no later than the permission to appeal and determining any such appeal under twenty-eighth day following that on which the person was subsection (1) the High Court must apply the procedures and detained.”.’. principles which would be applied by it on an application for Amendment 57, page 3, line 10, leave out subsection (3) judicial review.’. and insert— Amendment 58, page 13, leave out lines 19 to 39 and ‘(3) In paragraph 22 (bail) at end insert— insert— (4) The following provisions apply if a person is detained ‘(3) The promotion of the best interests of children is in the under any provision of this Act— public interest.’. (a) The Secretary of State must arrange a reference to the Amendment 5, page 13, line 44, leave out from beginning First-tier Tribunal for it to determine whether the to end of line 3 on page 14. detained person should be released on bail; Government amendments 23 to 26, 45 to 53 and 27. (b) The Secretary of State must secure that a first reference to the First-tier Tribunal is made no later Amendment 61, in clause 65, page 50, line 27, at end than the eighth day following that on which the insert— detained person was detained; ‘( ) Section 1 and Part II of this Act shall come into force on a (c) If the detained person remains in detention, the Secretary day to be appointed, being no earlier than the day on which an of State must secure that a second reference to the order made by the Lord Chancellor under section 9(2)(a) of the 1029 Immigration Bill30 JANUARY 2014 Immigration Bill 1030

[Mr Speaker] Home Office officials have to go and look at the board on the wall in the register office. Could we not change Legal Aid, Sentencing and Punishment of Offenders Act 2013 in the law? respect of civil legal services in connection with removal under section 1 and appeals under Part II comes into effect.’. Mrs May: The Bill will enable that reporting mechanism. Government new schedule 1—Sham marriage and In particular, because we are extending the period that civil partnership: administrative regulations. the Home Office has in which to investigate, we should see more cases being investigated. The large number of Amendment 60, in schedule 1, page 54, line 13, leave sham marriages is a problem. Sadly—I am an active out paragraph (5). member of the Church of England—there have been Government amendments 28 to 44, 8 to 16, and 54. court cases involving Church of England clergymen Government motion to transfer paragraph 44 of actively conducting sham marriages and being brought schedule 8. to justice as a result. It is important, however, that we have the mechanisms in place to deal with that.

Mrs May: It might be helpful, before I comment on Mel Stride (Central Devon) (Con): My right hon. new clause 11, to set the context in which the amendments Friend mentions that the notice period for marriages and new clauses are being moved. will be extended, which I fully support, but will she also This is an important Bill. It has, I think, widespread confirm that the Bill will provide for shorter periods in support outside this House, and will ensure that the exceptional circumstances? For example, people fighting Government have greater ability to make it harder for in our armed forces overseas might, for very legitimate people to live in the United Kingdom illegally. It will reasons, need a shorter notice period. make it easier for us to be able to remove people who Mrs May: I am grateful to my hon. Friend for giving are here illegally and will streamline the process for me the opportunity to clarify this issue. We will retain appeals, reducing the number of appeals from 17 to that ability, in certain emergency circumstances, to reduce four. It will also, crucially, enable us, in certain circumstances, that period for people with an urgent need to marry. It to deport individuals before they have their appeals, so could be in the circumstances he highlights or, for that their right of appeal is outside of this country. It example, where someone is on their deathbed. That is also introduces a variety of measures, one of which I another emergency circumstance we want to cover. will be coming on to speak to, because it relates to some of the technical amendments ensuring that people who It is important that we can deal fully and properly come to this country for a temporary period contribute with sham marriages, and I believe that the Bill will to our public services, as I think every hard-working enhance our ability to do that. family would expect them to do. It is this Government who are putting that through in the Bill. Pete Wishart (Perth and North Perthshire) (SNP): The right hon. Lady will know that marriages and civil The Bill is important because it will enhance our partnerships are covered by Scots law and are matters ability to deal with a number of immigration matters, for the Scottish Government. Why, therefore, is there although that is against the background of our success not a legislative consent motion for this or any other in reducing net migration into this country and particularly part of the Bill? Surely, there should be an LCM in the in dealing with the abuse of certain immigration routes, Scottish Parliament so that these things can be discussed notably student visas. That is the context of these and passed properly. amendments. I take the point made by the hon. Member for Brighton, Pavilion (Caroline Lucas) about the number Mrs May: If the hon. Gentleman will have a little of amendments, but many of them are very technical patience—I know he might find it difficult—I will explain and minor amendments. how the Bill will enable us to discuss such matters with Government new clause 11 is intended to ensure that the Scottish Government. the marriage and civil partnership provisions work as The basic design of the scheme is straightforward, effectively as possible. Importantly, part 4 of the Bill but the statutory framework into which it has to be will establish a new referral and investigation scheme to introduced is complex—marriage law in England and prevent sham marriages and civil partnerships from Wales dates back to 1949—which is why we are bringing gaining an immigration advantage. Increasingly, sham forward further technical changes. The changes need to marriages are being used as a back-door route around be reflected in the law governing civil partnership, thereby immigration rules. The ability to do that has been doubling the number of amendments that are required. extended by the Metock case in the European Court, I have said before on a number of occasions that I think which has enabled people from outside the EU married it is preferable for the Government not to table too to someone within the EU to gain free movement rights. many amendments at this stage, but these are minor and There is concern about sham marriages not only in the technical. I hope that people will appreciate the importance, UK, but in other parts of the EU, and the UK is leading when dealing with a part of the law that is so complex, work across Europe. of ensuring that we are able to make amendments to ensure we get it right and that the operation of the law is appropriate. Chris Bryant (Rhondda) (Lab): The right hon. Lady is right about sham marriages, which are an issue I tried to raise last summer. It is crazy that the law does not 11.30 am allow register offices to provide information on all Michael Ellis (Northampton North) (Con): I strongly marriages being sought, where immigration might be an support the Home Secretary on the extension of the issue, directly to the Home Office. At the moment, time period so as to make it more difficult for those who 1031 Immigration Bill30 JANUARY 2014 Immigration Bill 1032 wish to engage in sham marriages and illegal enterprises I promised the hon. Member for Perth and North of that sort, but will there be a provision to shorten the Perthshire (Pete Wishart) that I would refer to Scotland. period in exceptional circumstances? For example, what The amendments allow further discussion with colleagues about someone serving in Her Majesty’s armed forces in Scotland and Northern reland about the extension who is about to be deployed overseas, or someone there of the referral and investigation scheme. The new suffering from a terminal illness? I am concerned about clause and schedule reflect no change in our overall this. Will the Home Secretary expand on the response approach but clarify the basis on which the Secretary of she gave a few minutes ago? I have heard of several State may make regulations for the scheme in Scotland examples— and Northern Ireland. New clause 11 also makes specific provision for the Mr Speaker: Order. I am extraordinarily grateful to Secretary of State to make regulations and orders the hon. Gentleman. I think that what might be called concerning the operation of the referral and investigation by a lawyer the gravamen of his point has been heard. I scheme in Scotland and Northern Ireland when a clause 48 do not think that a judge in one of the courts in which order has been made to extend the scheme there. the hon. Gentleman has served would have allowed him Regulations concerning the operation of the scheme in to bang on for the length of time I have allowed him. Scotland and Northern Ireland will be subject to consultation with the relevant Registrar General, as Mrs May: To clarify, the Bill increases the marriage they are in England and Wales, and they will be subject and civil partnership notice period from 15 to 28 days in to the negative resolution procedure. England and Wales for all couples, and allows it to be New schedule 1 supports the new clause by setting extended to 70 days where there are reasonable grounds out the purposes for which regulations can be made under to suspect a sham. But we will be retaining the ability in it, for example in respect of the specified evidence required emergency cases such as those set out by my hon. of couples referred under the scheme. Amendment 27 Friend to require the notice period to be shorter than is to clause 64 provides for any order made under the new being provided for. clause, for example in respect of the information required to give notice when an non-EEA national is involved, to Chris Bryant: I am trying to help the Home Secretary. be subject to the affirmative resolution procedure. She referred earlier to clergymen. Will she confirm that Amendments 23 to 26 to clause 52 provide an explicit she is not changing the law in relation to clergy at all, reference in respect of the requirement for certain non-EEA which actually will still be the weak point in the system? nationals to give notice at a designated register office of Mrs May: I accept that we are changing the law in civil partnerships to be formed in Scotland or Northern relation to the state obligations of civil registrars, which Ireland, in a similar manner to the existing provision is part of the state apparatus in relation to this matter. relating to England and Wales, and it clarifies the There is not a requirement on clergy to report in this requirements in such cases. way. With his background, I am sure that the hon. Amendments 28 and 29 to schedule 4 reflect the fact Gentleman will share with me a desire to give a clear that the Marriage (Same Sex Couples) Act 2013 will, message that we have considerable concerns where we where applicable, allow same-sex couples to provide see clergymen indulging in the practices that I referred evidence of consent to a same-sex marriage from their to earlier. We have discussed new measures with the religious organisation’s relevant governing authority after Church of England and the Church in Wales and will notice of marriage has been given. The amendments continue to involve them in our plans for implementation. will ensure that such couples are not prevented from We are removing bands on the common licence route giving notice if they do not yet have the evidence. for non-EEA nationals to ensure that couples within Amendment 30 to schedule 4 ensures that the requirement the scope of the referral scheme are correctly identified. to provide additional information at the point of giving I hope that that gives the hon. Gentleman some comfort. notice does not apply to a proposed marriage between former civil partners one of whom has changed sex. Mr Jim Cunningham (Coventry South) (Lab): Will Amendment 37 to schedule 4 is an equivalent provision the Home Secretary clarify her response to an earlier for a proposed civil partnership between former spouses interjection on registrars notifying the Home Office one of whom has changed sex. Such couples will not be about impending marriages, which appears to be one of within the scope of the referral scheme, because no the weaknesses? immigration advantage could be obtained from the marriage or civil partnership, and there is therefore no Mrs May: They will refer all non-EEA marriages to need for the provision of the additional information. the Home Office, and the purpose of the extension of Amendments 31 to 33 to schedule 4, which relate to the notice is that it gives further time for investigations marriage, and amendments 38 to 40 to schedule 4, to be conducted. In particular, the possibility of allowing which relate to civil partnership, clarify the drafting of that notice period to be extended to 70 days where there the requirement for additional information from couples are reasonable grounds to suspect a sham will enable who are within the scope of the scheme. They also limit the Home Office to investigate whether there is a genuine the requirement to provide details of other names and relationship and take immigration enforcement action aliases that are used to couples when one or both where these are indeed sham cases. That will mean that parties state that they do not have the appropriate an immigration advantage cannot be gained by entering immigration status or a relevant visa, or state that they into a marriage or civil partnership, if that were to go have it but provide no evidence. Amendments 34 and 42 ahead. The Bill extends the powers for information to to schedule 4 make minor drafting corrections. be shared by and with registration officials to help Amendment 35 to schedule 4, which relates to marriage, tackle these problems of sham marriages, immigration and amendment 41 to schedule 4, which relates to civil offences and, indeed, wider criminality and abuse. partnership, ensure that the Secretary of State notifies 1033 Immigration Bill30 JANUARY 2014 Immigration Bill 1034

[Mrs May] I apologise to the House, because I was getting ahead of myself in setting out my new clauses. New clause 12 the couple, as well as the registration official, of the relates to fees. I will come on to the new clause that decision on an application to shorten the notice period relates to the deprivation of citizenship afterwards. On in exceptional circumstances in a case referred under fees, we remain committed to ensuring that the UK the scheme. continues to attract tourists and the brightest and best Amendment 36 to schedule 4, which relates to marriage, migrants, including those who are considered to be does two things. First, it makes a consequential change commercially important to the UK. To ensure that we reflecting the new notice provisions. Secondly—along can do that, it is important that our immigration and with amendment 43, which relates to civil partnership—it visa services are a match for or better than those provided ensures that the legal validity of a marriage or civil anywhere else in the world. partnership cannot be challenged just because notice of In a number of important respects, our visa services a decision under the referral and investigation scheme are already world class. We have expanded and improved was not properly given by the Secretary of State. the network of visa application centres. There are now 200 around the world, with 12 in each of India and Mr Peter Bone (Wellingborough) (Con): Let me give China compared to the three or four that are on offer the Home Secretary some time in which to take a breath from most of our competitors. We have introduced before she continues to go through her 50 amendments. online application and booking systems, and 95% of Does she think it unfortunate that the Government did applications are now submitted online. Online applications not include the amendments in the original Bill, rather are supported by translated help text and extensive web than tabling them on Report and not giving us enough guidance. We have also established a business network time to debate them? with dedicated UK visa staff to assist businesses with their visa requirements. All of that is in line with our Mrs May: When my hon. Friend made a similar desire to attract the brightest and best to the UK. point during Home Office Questions on Monday, I said that I thought that it was always better for the Government Keith Vaz (Leicester East) (Lab): I endorse everything to be able to ensure that they had covered every aspect that the Home Secretary has said about the international of a Bill in the original drafting, and I am sure that that section of the Home Office. Does she think that there is view is shared throughout the House. However, as I said an opportunity for more face-to-face interviews to be at the beginning of my speech today, these are very conducted in the posts abroad, or at least for people to technical issues, many of which, including some that I be interviewed from this country through the new system shall discuss later, were raised in Committee. It was of televised interviews? appropriate for the Government to respond to the points that were raised then, and to table amendments accordingly Mrs May: The right hon. Gentleman raises the important when that proved necessary. matter of face-to-face interviews. I have made it very Amendment 44 to schedule 5 will enable registration clear that I want to increase the number of such interviews. officials to disclose information about reports of suspected We reached the number that I had hoped for by the end shams to the Registrar General under sections 24 and of the year, which was 100,000. Some of the interviews 24A of the Immigration and Asylum Act 1999, as well are physically face-to-face and some, as he has indicated, as to other registration officials and the Secretary of take place remotely through the use of video screens. State. That will support inter-agency work to tackle That is an important tool in ensuring that people who sham marriages and civil partnerships. New clause 12, apply for visas meet the criteria that have been set. I which I tabled, relates to the deprivation of citizenship. have seen interviews take place in a couple of countries overseas and have seen that the ability of our entry Michael Ellis: Does the Home Office have any idea clearance officers to make judgments is enhanced how many people are gaining immigration status through considerably by conducting interviews, rather than just the route of sham marriages or civil partnerships? Is looking at a piece of paper. We have already achieved that an easily ascertainable figure, even if it is an 100,000 interviews, but I want to see how we can extend approximation? that further across the visa system.

Mrs May: It is not an easily ascertainable figure. The 11.45 am proposals that we are discussing will enable us to investigate more cases. We have made assumptions based on marriage In addition to the elements I have already described, registration statistics, the volume of reports of suspected we also offer a world-leading range of optional premium sham cases from registrars and feedback from immigration services, known as added-value services. These offer caseworkers who deal with applications that are made faster processing or added convenience, and are provided on the basis of marriage or civil partnership. The resulting in response to customer demand. They are of particular estimate was that between 4,000 and 10,000 applications value to VIPs and other high net worth individuals who a year are made to the Home Office on the basis of a want to come to the UK to visit, work or study. Most of sham marriage or civil partnership. My hon. Friend will these services are standardised, in that the level of see from the breadth of the estimate that we need to activity required to deliver the service can easily be approach the matter with caution, but it does give a defined. guide to the potential scale of the abuse. There are Examples of the added-value services include three details in the explanatory paper that we have published to five-day priority visa services available in more than on part 4 of the Bill. I expect these provisions to give us 60 countries, including Russia, China, India and some a greater ability to identify cases, and therefore to Gulf states. We are expanding this to more than 90 by ascertain the number of them. spring this year. They also include prime-time appointment 1035 Immigration Bill30 JANUARY 2014 Immigration Bill 1036 services, available in 10 locations, offering extended Mrs May: I hear what my hon. Friend says and opening hours for those who need the convenience of understand the real example that he gives of the problems an appointment outside usual business hours. In India, that can arise. As I said to the right hon. Member for we have introduced the “super priority” visa service, Blackburn (Mr Straw), I will indeed go away and look which allows regular visitors, business visitors and tier 2 at the whole issue of how visas are being processed and applicants to get their visa processed in just 24 hours. the length of time that it is taking. Earlier, I said that we had introduced a super priority Mr Jack Straw (Blackburn) (Lab): May I ask the visa service in India, which allows a visa to be processed Home Secretary about the current arrangements for in 24 hours. We will expand that service to China by issuing visas to travellers from Iran? I draw the attention summer this year, and to other locations by the end of of the House to the fact that I am co-chairman of the the year. In China, Russia and southern India, we are all-party parliamentary group on Iran. As a result of offering a passport pass-back service for applicants who the invasion of the embassy at the end of 2011, we do wish to retain their passport to travel or to apply for a not have an operational visa section—or any other visa to another country while their UK visa is being section—in Tehran, and anyone applying for a visa has processed. As a result of such improvements, we have to go to Istanbul or Dubai. Many of those people then achieved customer service excellence accreditation in at have to wait for days for their visa to be issued. Those least one visa-processing hub in each of our six global people often have connections here. Will the right hon. regions. I hope that that is good news for the right hon. Lady discuss this matter with the Foreign Secretary to Member for Leicester East (Keith Vaz), the Chairman see whether those arrangements could be speeded up? of the Home Affairs Committee, who has had a longstanding concern about the services that are provided Mrs May: I of course understand the right hon. by the former UK Border Agency, which has now been Gentleman’s point. As he said, there are good reasons broken up. why we do not have the physical capacity for people to make their visa applications in Tehran. I will be happy There is also strong demand for the bespoke services to look into the processing that takes place in Dubai from overseas customers, who want us to go to them to and Istanbul, and to see whether there is any way to deliver a visa service. Up to now, those bespoke services ensure that the service can be of a higher standard. have been offered on a small-scale trial basis, mainly in China and the USA, to test demand and ensure viability. Mr Tobias Ellwood (Bournemouth East) (Con): In It is clear that demand for such services is strong, and the same vein, concern has been expressed about the we want to roll them out further. Neither the existing distances that people in China and Russia have to travel fees legislation nor the current Immigration Bill provisions in order to get their visa applications processed. Will my provide powers that would enable a workable charging right hon. Friend update the House on what is being arrangement to be made for bespoke services. That only done to ensure that the high-value customers that we became clear after the Bill had been introduced. are looking for do not have to travel thousands of miles Charging for statutory functions, whether connected to get a visa to come to Britain? to immigration or otherwise, is a technical area. As well as legislation and common-law precedent, there is much Mrs May: As I have said, we have been enhancing the detailed guidance, such as “Managing Public Money”, various services that we are able to provide in a number which is published by the Treasury. The legislation and of countries; that includes the expansion of our network the guidance are there to ensure that the imposition of of visa application centres. My hon. Friend mentioned fees by public bodies, including Government Departments, Russia and China. In China, we have more visa application is transparent, consistent and subject to proper scrutiny. centres than any of the other Schengen countries. We have 12 such centres there; most of our competitors Fees for commercial services that are not connected have only three or four. We are also constantly working to statutory functions are treated differently. For example, with the tour groups that bring people over to the there is no requirement to set out in legislation fees for United Kingdom, to see how we can enhance the service commercial services. It became clear after the Bill had that we offer. The ability to apply online is also important. been introduced that it would not be appropriate to Yes, we require biometrics to be taken, but we are treat bespoke services as commercial services and that enhancing our biometric capture capability. For example, the provisions in the Bill, while providing additional in certain cases the biometric capture capability can go flexibility, would not be sufficient to enable a charging to the individual applying for the visa, rather than the arrangement that would work in the real world. The individual being required to go to the visa application main issue is that the services are bespoke. In other centre. So we are enhancing these services, and we are words, they vary considerably from one customer to conscious of the issues that he has raised. another. That contrasts with other premium services, which are generally similar where they are delivered. Mr Robert Syms (Poole) (Con): May I support what For example, a bespoke service may compromise a the right hon. Member for Blackburn (Mr Straw) has member of staff visiting a customer at a location close just said about people from Iran? I have a constituent to the visa centre. It could involve two members of staff who was in exactly the situation that has been mentioned. travelling by air to another country with security escorts His parents had to go to Istanbul to apply for visas. and overnight accommodation. It could involve the They then had to decide whether to go back to Iran or provision of services to several people, or several members to hang around in Istanbul for three or four weeks to of staff could be hiring a venue to provide services to a see whether they could come here. They were left in number of a firm’s employees. limbo, and we really need a fast-track service to deal The cost of providing a service could vary from with the parents and other relatives of people of Iranian around £100 to several thousand pounds depending on descent in the UK who want to come here to visit them. the precise nature of the request. It is not possible to use 1037 Immigration Bill30 JANUARY 2014 Immigration Bill 1038

[Mrs May] Subsections (5) to (7) of the new clause ensure that the provisions on the treatment of fees paid for chargeable regulations to set out fees that take account of all the functions and debt recovery also apply in respect of fees possible service variations that could apply, so we have paid for attendance services and that the new clause made a new clause that enables fees for those services to does not undermine other legislation. be set without the need for regulations. In making those changes, we were keen to ensure that their effect was Amendments 45 and 46 are consequential and ensure limited to this narrow but important range of bespoke that the attendance service provisions fit within the services overseas. We do not want to take away the need wider immigration and visa fees framework established for regulations on other visa and immigration fees, or by the Bill. Amendment 46 replaces the wording in deliberate restrictions on bespoke services fees to apply clause 60 that is being removed as part of amendment 45 to charging for other premium services. To achieve that, and provides that fees other than for the overseas bespoke we have separated out the part of the service that mobile service can be calculated by one or a combination involves getting staff to the location of the customers’ of the following factors: a fixed amount, a per hour choosing from the immigration services that may then amount, or another factor. It states that the maximum be provided. The attendance service fee covers all the amount for the fee or other factor must be set out in a costs to the Home Office of our commercial visa partners fees order, a minimum amount may be set and that the preparing to deliver chargeable immigration functions. actual amount of a particular fee will be set out in To put that plainly, it means that the cost of commercial regulations. When fees are set by an hourly rate or other partners’ staff time, travel, accommodation, security, factor, the regulations will detail how the fee will be venue hire and so on is charged as an attendance service determined—for example, £50 per hour. Those provisions fee. The fee will be priced on application, agreed between will not apply to the fee for the provision of the overseas the customers making the request and the commercial bespoke mobile VIP service. partner based on the specific requirements of the service. Amendments 47 to 53 are minor consequential changes The cost of any related visa applications and any to clause 60 to ensure that it does not limit or affect the other premium services, such as accelerated processing, proposed clause 61. Amendment 54 is a minor consequential will be charged separately based on fee levels set out in change to schedule 8 to ensure that there is no effect on the regulations. As a result, while the new clause permits clauses 60 to 62. fees to be charged without the need for regulations, Let me now come to the issue on which I got slightly several safeguards are in place. For example, the provisions ahead of myself earlier, which is new clause 18 and the apply only to bespoke services overseas delivered by our deprivation of citizenship. As we move on to this important commercial visa partners. The services are optional and issue and before we get on to the specifics of what the may only be provided at a customer’s request, and the clause seeks to achieve, it might help the House if I give fees may only reflect the cost to the Home Office of some background to put it in context. providing the service, and must be agreed by the customer in advance. Depriving people of their citizenship is a serious New clause 12 ensures that we may continue with our matter. It is one of the most serious sanctions a state plan to expand the availability of bespoke mobile services can take against a person and it is therefore not an issue overseas. Subsection (1) makes it clear that the attendance that I take lightly. As I am sure all Members who were service provisions may apply when they are connected around during the passage of the Nationality, Immigration to a chargeable immigration function and provided at and Asylum Act 2002 and the Immigration, Asylum a time and place requested by a customer overseas. and Nationality Act 2006 will recall, it can be a subject Subsection (3) ensures that the provisions still apply that generates lively debate. when the service is connected to a chargeable function, It is noteworthy that depriving people of their citizenship even if no charge is imposed. For example, if the visa is a concept with a long history. Almost as soon as application fee is waived for any reason, it would still be world war one broke out, demands were made for possible to offer and charge for the bespoke service. denaturalisation of enemy aliens on grounds of disloyalty Subsection (2) ensures that the attendance service charging and/or their German past. That is the origin of the arrangements apply only to bespoke services and cannot power. Before the war was over, legislation had been be extended to cover other chargeable functions. Fees passed that made provision for revocation of citizenship for those other functions will, as I say, continue to be set if a naturalised person was suspected of treasonable out in regulations as they are at present. activities. It has subsequently been amended to cover Subsection (4) provides that the customer will be matters such as overt disloyalty, criminality, absence charged the costs incurred in attending the location of from the UK without maintaining a connection, through his or her choosing at a time specified by him or her. to it being conducive to the public good to deprive. Such costs include, but are not limited to, the cost of We are not seeking a wholly new power. The law as it travel, including flights, hotel costs, security costs, the stands today allows me as Home Secretary to deprive a cost of hiring a venue, and staff costs. As I said, the fee person of their citizenship status in two scenarios. The will be charged outside the fees regulations. first is when the person acquired it using fraud, false The costs for overseas bespoke mobile VIP services representation or concealment of a material fact. Essentially, will be based on the actual cost of providing the service that means that they used deception to obtain citizenship and will not be set with regard to the criteria set out when had we known the full true facts at the time we in clause 61(5), which include growth, international would not have granted them that citizenship. The other comparisons and benefit. All costs will be agreed between circumstance is the reason why I am satisfied that doing the commercial provider and the customer before the so is conducive to the public good and that the person service is delivered. would not be left stateless as a result. 1039 Immigration Bill30 JANUARY 2014 Immigration Bill 1040

12 noon Mrs May: My hon. Friend and I have discussed this matter. I do not accept her description of what we are Keith Vaz: The Home Secretary is right that she seeks putting through in this Bill. We are not asking for a to amend a very important part of the Bill. When blank cheque. There are specific and limited circumstances she appeared before the Home Affairs Committee on in which the power would be used, which I will describe 16 December we raised the case of Mohammed Ahmed to the House. We are not suggesting that we put the Mohamed, who was in Somaliland. He did not want to United Kingdom into a situation that it has not been in return to the United Kingdom, but Charles Farr told before. We are suggesting that we put the United Kingdom the Committee, and the Home Secretary supported this into the situation that is required by the UN convention in her evidence, that there was an obligation to bring to which it has signed up. A decision was taken a few him back. There was no legal justification for taking years ago to go beyond that UN convention. We think it away his citizenship or preventing him from returning. is right to go back to the UN convention. Is she now telling the House that the new clause gives her the legal basis to prevent a British citizen involved in terrorist activities abroad from returning to the United Mr David Hanson (Delyn) (Lab): The Home Secretary Kingdom because she can strip that person of citizenship knows that we are dealing with complex and serious and leave them stateless? Does it give her that power? issues, so will she explain why she tabled the new clause 24 hours before Report without consulting any outside bodies? The situation is such that we have had to table Mrs May: If the right hon. Gentleman will have a manuscript amendments to deal with serious concerns little patience, I will explain exactly what the new clause about it. Will she explain why she is acting with such does. It extends the Secretary of State’s powers to urgency today, rather than allowing for consultation deprive someone of citizenship. It is in response to a before introducing a measure in another place that particular case—not the one that he has quoted—which could then be examined by both Houses? I will describe in order to set the background in a way that I hope will be helpful for the whole House. The Mrs May: If the right hon. Gentleman will allow me, right hon. Gentleman has a knowledge and understanding I shall set out why we thought it was necessary to table of these issues, but it would be helpful to set out the the new clause and how we have considered the matter. I whole background. accept that the Opposition have tabled manuscript amendments. While I wait to hear what he will say Yasmin Qureshi (Bolton South East) (Lab): I apologise about them, if there are specific concerns, I will be for not being here for the start of the debate. The Home willing to consider them and, if necessary, address them Secretary referred to her powers where someone has further in another place. obtained citizenship by fraudulent means. There may have been strong mitigating circumstances when someone The new clause is a consequence of a specific case. made such an application. For example, we know that The power to deprive on conducive grounds is such that some years ago many people came to the country on even when I consider the first and arguably the most false documents because they had been persecuted. important part of the test to be met—that it would be They may have applied on a false basis, but there were conducive to the public good to deprive—I am still strong mitigating circumstances— prevented from depriving a person of their citizenship if they would be left stateless as a result. That was the point explored in the Supreme Court case of al-Jedda. Madam Deputy Speaker (Dawn Primarolo): Order. I know that this is complicated and many Members want to speak. May I clearly ask for your assistance. Will any Dr Julian Huppert (Cambridge) (LD): Will the Home Member making an intervention try to make it brief? Secretary help me to understand what is being proposed? There is a question of British citizens overseas, to which the right hon. Member for Leicester East (Keith Vaz) Mrs May: If citizenship was granted purely because referred, and another of what would happen to someone someone used fraud or deception, did not disclose a in the UK who was made stateless. What would such a material fact or used incorrect facts, and if we would person’s immigration status be, as there would be nowhere not have granted citizenship had we known the full to remove them to? Would we not be trapping someone facts, the decision would be to deprive that individual of who was dangerous to this country in this country? citizenship. I will not comment on the type of case that the hon. Lady has set out, but the initial question would be whether citizenship would have been granted if the Mrs May: When I explain the circumstances in which full circumstances had been known at the time of the it would be possible to remove somebody’s citizenship, I application. If the full facts had been known, would hope that my hon. Friend will realise that it would not the decision have been not to grant citizenship? If so, necessarily be the case that an individual would be left the decision would be to remove citizenship. stateless, because we are talking about a situation in which they would be able to acquire statehood from somewhere else. Sarah Teather (Brent Central) (LD): Yesterday the House heard many noble speeches about our international obligations and humanitarian protection led by the Several hon. Members rose— Home Secretary. I was the first to congratulate her on that. Today, as the clause is drafted, she appears to be Mrs May: Perhaps hon. Members will have some asking for a blank cheque to remove people’s rights to patience and let me set out my points. have rights. I wonder whether she can see the irony in I will not to go into too much detail about the case of that and whether our international leadership does not al-Jedda, but he was an Iraqi refugee who was granted also cover such an important fundamental right? British nationality in 2000. In 2004, he was detained by 1041 Immigration Bill30 JANUARY 2014 Immigration Bill 1042

[Mrs May] the Liberal Democrat parliamentary party on 4 December last year to discuss the proposal and listen to their British forces in Iraq because of his suspected involvement concerns and the issues they wished to raise. in terrorism. In December 2007, the then Home Secretary The United Kingdom has signed the 1961 UN made an order depriving him of his British citizenship. convention on the reduction of statelessness. We made a declaration on ratifying that convention to allow for Chris Bryant: On a point of order, Madam Deputy the prospect of leaving a person stateless in certain Speaker. As far as I can see, there are no copies of the circumstances. Those circumstances include the ability manuscript amendments on the Table. It seems bizarre, to deprive a naturalised person of their citizenship, on the matter of whether people should be deprived of regardless of whether or not it might leave them stateless, their citizenship—[Interruption.] The Minister for where that person has conducted themselves in a manner Immigration can keep quiet for a moment. The reason seriously prejudicial to the vital interests of Her Britannic why we need manuscript amendments is that the Majesty. Government tabled their new clause only at the very last minute to try to shove other measures off the agenda. Alok Sharma (Reading West) (Con): I am a naturalised Can we ensure that the manuscript amendments are British citizen and the clause therefore applies to me. I available to everyone so that we know what we are support it wholeheartedly. There are rights as well as debating? obligations that come with British citizenship. Perhaps my right hon. Friend should go even further—the Madam Deputy Speaker (Dawn Primarolo): I understand Immigration Bill may not be the place to do so—and that copies of the manuscript amendments are available introduce similar sanctions against anyone who is British, in the Vote Office— irrespective of how they got British citizenship, if they do something so heinous against the British state. Chris Bryant: They should be on the Table. Mrs May: My hon. Friend makes an important point Madam Deputy Speaker: Order. I have not finished about his position and also about the desire that we my sentence yet. It would be helpful if that could be have in the House to ensure that we can take appropriate checked, although I am assured that they are available, action against people who are acting in a manner that is and if copies could be made available in the Chamber not conducive to the public good and who are acting in for Members who feel unable to get to the Vote Office a manner that is seriously prejudicial to this country’s because they wish to hear the debate. interests. Mrs May: I hope that the manuscript amendments, New clause 18 recreates— which were tabled by Opposition Front Benchers, are indeed available in the Vote Office. Frank Dobson (Holborn and St Pancras) (Lab): When As I said, in December 2007, one of my predecessors I first became a Member of this House, anyone born in deprived the individual of his British citizenship. That Britain automatically became a British citizen. That gave rise to lengthy litigation, which culminated at a right was taken away by the Thatcher Government. Will Supreme Court hearing in June 2013, with the verdict this law apply to the children of people who have promulgated in October 2013. The Court—disappointingly acquired British citizenship? to my mind—rejected my assertion that the individual could reassert his Iraqi nationality and that his failure Mrs May: It applies to somebody who is a naturalised to do so was the cause of his statelessness. Its conclusion person. That is who it applies to. It seeks to recreate the was that the question was simply whether the person very specific sub-set of cases that are currently provided held another nationality at the date of the order depriving for under the “conducive” power. It would allow me to them of British citizenship. deprive a person of their citizenship, regardless of whether Having studied the Supreme Court determination it left them stateless, but as I say, it applies only to those carefully and considered my options, I asked my officials who are naturalised, not those who are British by birth to explore the possibility of legislating to address the or those who register to acquire citizenship under other key point identified in the al-Jedda case, namely that provisions of the 1981 Act— our domestic legislation, and the changes brought about in the 2002 and 2006 Acts, go further than is necessary Frank Dobson rose— to honour our international obligations in terms of limiting our ability to render people stateless. Mrs May: If the right hon. Gentleman would wait—such That may have been well intended. It was done, as I as those which provide for children to acquire British believe, in anticipation of signing the 1997 European citizenship. And it would apply only to very serious convention on nationality. We have never signed cases of people whose conduct is that convention and this Government have no plans to “seriously prejudicial to the vital interests of the United Kingdom”. do so. Those safeguards and limitations are important. The It is also important to stress—it is a point that has amendment will allow the key consideration to be whether been made by a couple of Members already in the person’s actions are consistent with the values we all interventions—that I have discussed this at length with attach to British citizenship. We may all have a slightly colleagues across Government; it is not something I different interpretation of what they might be, but I am have just decided on. Given the importance of the confident that Members of this House would agree that subject matter, we wanted the time to ensure that we got this is encapsulated by the oath that naturalised citizens it right. Indeed, I had a meeting with my hon. Friends in take when they attend their citizenship ceremonies. 1043 Immigration Bill30 JANUARY 2014 Immigration Bill 1044

Mark Pritchard (The Wrekin) (Con): My right hon. Mike Thornton (Eastleigh) (LD): One of the things Friend will know that for some time I have asked for the that concerns me is the definition of “seriously prejudicial.” Home Office to look at the 11% of foreign prisoners in If we look up “prejudice” in the dictionary, we see that the Prison Service in England and Wales, see where it just means something we have decided before, so there is dual citizenship and have that UK citizenship “seriously prejudicial”could be anything a Home Secretary withdrawn from those who have committed the most liked. I am absolutely convinced that the present Home serious offences, yet only a handful of people have had Secretary would never in any way abuse that power, but their citizenship withdrawn. How does that position how do we know what will happen next week, next reconcile with the new position today, which I support? month, in two years’ time, or in five years’ time? A It may stand the legal test here up to the Supreme Court Home Secretary will be able to use a term that is so if it went that far, but—a secondary question—would it vague and has so little meaning that they could strip stand the test of the European courts? someone of any citizenship, leaving them stuck in this country with no ability to work, receive benefits or do anything at all, simply because of a definition that is 12.15 pm pretty much meaningless. Mrs May: I understand my hon. Friend’s point about foreign national offenders. The Government are conducting Mrs May: I think that the concept of something that an exercise to ensure that we can deport more foreign is seriously prejudicial to the interests of Her Britannic national offenders from our prisons to serve the remainder Majesty—to the interests of the United Kingdom—will of their sentence elsewhere, and the prisoner transfer be understood. There will of course be an opportunity agreements that my right hon. Friend the Secretary of for a review of that through a court process—a judicial State for Justice is negotiating are an important part of review—so the definition would be tested. My hon. that. However—this is the important point—this power Friend might not choose to rely on the abilities or applies in a very particular set of circumstances in understanding of future Home Secretaries, but I hope which someone has conducted themselves in a manner that he will see that there is a further safeguard. seriously prejudicial to the vital interests of Her Britannic I wish to reiterate—this is an important point—that Majesty. The power being put into the Bill will apply in that is the position the United Kingdom had prior to only a very limited number of circumstances. My hon. 2003, when the law was changed. It is the position that Friend also asked whether it would stand the test elsewhere. we are required to have under the United Nations I believe that it will. What we are doing is returning the convention. All that we are doing is returning our United Kingdom to the position set out in our international position to the scope of our declaration under that obligations under the United Nations convention. convention. It goes no further.

Mr Jim Cunningham: I thank the Home Secretary for Jeremy Corbyn (Islington North) (Lab): In response giving way; she is being most generous. I realise that this to an intervention, the Home Secretary said that at is a very difficult issue. What happens if another country some point a stateless person’s position in the UK could will not take the individual who has been stripped of be regularised, which is an interesting concept. If they their citizenship? became stateless, they would in the meantime presumably become destitute in this country, because they would Mrs May: The individual would then be stateless. It not be eligible for access to any benefits or other aspects would depend on where they were. The whole point of of society. Has she considered that, and are there any the measure is to be able to remove certain people from people in that situation at present? the United Kingdom, which we are currently unable to do. If they are declared stateless—[Interruption.] Mrs May: The answer to the second question is that there are no people in that situation, because I have not Several hon. Members rose— been able to deprive anybody of their citizenship and therefore potentially make them stateless. That is the Mrs May: I recognise that there are many questions existing situation. If somebody is stateless and either that Members wish to ask on this. I am answering the does not apply for citizenship of another state despite questions and taking as many interventions as Members having access or is denied permission to do so, but stays are requiring. I will give way again shortly. in the United Kingdom, we would have to look at the situation and at their immigration status. Crucially, A stateless person is defined by article 1.1 of the 1954 their status would not attract the privileges of a British convention relating to the status of stateless persons as citizen—they would not be entitled to hold a British one passport or to have full access to certain services—so “who is not considered as a national by any State under the they would therefore be in a different position from the operation of its law.” one they were in when they held British citizenship. If they are inside the UK, we, as a party to that convention, are legally obliged to comply with its provisions, Keith Vaz: I am most grateful to the Home Secretary which set out various rights for stateless people. One of for giving way for a second time. I understand what she our aims in seeking to deprive might be to remove the is trying to do and I believe her when she says that she individual from the United Kingdom, as I have indicated. will use the powers only rarely, but she still has not It might not always be possible to do that, especially answered this question: once she has taken away citizenship when the individual is stateless. If they are deprived, from someone in this country and they are stateless, they become subject to immigration control, but we how will she get them out of this country? We know full have provisions in the immigration rules that enable a well that she is doing this because Jacqui Smith tried to person regarded as stateless to regularise their stay. get rid of al-Jedda and was not able to do so. That 1045 Immigration Bill30 JANUARY 2014 Immigration Bill 1046

[Keith Vaz] Mrs May: The reinstatement of somebody’s citizenship would not be automatic, but if they returned to the matter is still before the courts, and the right hon. United Kingdom with the citizenship of another state Lady’s judgment will also be challenged in the courts. and lived here for a period, their immigration status How will she get such people out once she has taken would be considered on the basis of their case. away their British passport and they have no travel documents? Mr Julian Brazier (Canterbury) (Con): I am most grateful to my right hon. Friend, who has been Mrs May: The al-Jedda case went to the Supreme extraordinarily generous in giving way. I broadly support Court, which promulgated its verdict last October, which this measure, which addresses a small number of very was when we started to look at how we could legislate serious cases, but can it be applied to somebody abroad and what vehicle we could use to remove people. That at the time? If it can be so applied, how would any circumstance might apply to somebody in the United subsequent appeal handle sensitive intelligence material Kingdom or, as in that case, to someone outside it. The of the sort that clearly could not be allowed to go, for important point is that the process applies in cases example, to Strasbourg? where the individual could access the citizenship of another country, and it would be open to them to apply Mrs May: The measure would apply to somebody for such citizenship. That is the whole point. who was abroad. One of the points that I have tried to make is that the measure is not just about people in the Mark Pritchard: I am grateful to the Home Secretary United Kingdom, but people outside it. for being very generous in giving way again. She may recall the case of Abu Hamza, who was an Egyptian Pete Wishart Will the Home Secretary give way? citizen as well as a British one. Under the Government of Mubarak, the former President of Egypt, his Egyptian Mr William Cash (Stone) (Con): Will the Home citizenship was withdrawn, leaving a very difficult case Secretary give way? for this Government and, indeed, the previous one to deal with. The Home Secretary has surely come to the House with some figure in her mind of the number of Mrs May: I must tell my hon. Friend that I have a list: those currently on the prison estate who might fall I said that I would give way to the hon. Member for into the Abu Hamza category. I wondered what the Perth and North Perthshire. number is. Pete Wishart: I am very grateful to the Home Secretary Mrs May: My only comment on my hon. Friend’s for giving way. Is it not the case that she has not got a request for figures is that he mentioned people on the clue? She has brought forward the measure to prevent prison estate. We are not necessarily talking about proceedings on what Conservative Members want to them, but the number of people involved is very limited. discuss and vote on. To say that this was concocted on The number of cases of the particular type of deprivation the back of a fag packet would do a massive disservice of citizenship dealt with since the law was changed—I to fag-packet speeches. apologise for saying that that was in 2003, because the law was changed by the 2006 Act—is 27. Since 2006, Mrs May: It is a bit rich of the Scottish National 27 people have been deprived of citizenship under the party to talk about not having a clue. I must say to the conducive powers, which apply only when somebody hon. Gentleman—I have said it before and I will say it would not be made stateless. again as many times as necessary—that we are giving effect to our declaration under the United Nations Mark Pritchard: For clarification, is it the Government’s convention. That position applied in the United Kingdom position that someone considered under the new criterion until the previous Government changed the law in 2006, would not need to have committed any criminal or and we will return to that position. terrorism-related offence, but could be walking around the streets of London right now? Mr Cash: I am sure that my right hon. Friend appreciates that how the provision is expressed will give the Secretary Mrs May: Yes. People need not have been convicted of State enormous power. Effectively, it involves the of a particular offence to be deprived of their citizenship. opinion of the Secretary of State, which will make it On the numbers, it might be helpful for me to add that largely non-justiciable. Given its width and the cases of 13 people were deprived on grounds of fraud during the which the Home Secretary has given examples, is there a same period. Those are the sort of numbers that we are danger that we might be regarded as a nasty party if we talking about. put this kind of provision into effect?

Mr David Ward (Bradford East) (LD): rose— Mrs May: The simple answer to my hon. Friend is no. Pete Wishart rose— Michael Ellis: Despite the protestations and mock Mrs May: I will give way to my hon. Friend and then indignation of Labour Members— to the hon. Member for Perth and North Perthshire (Pete Wishart). Pete Wishart: And us.

Mr Ward: If the individual who was doing something Michael Ellis: And of course of the Scottish nationalists, seriously prejudicial stopped doing it, would their citizenship who are adopting their usual posture. Is it not correct be reinstated? that this law was effectively on the statute book previously, 1047 Immigration Bill30 JANUARY 2014 Immigration Bill 1048 so it cannot be all that exceptionable and that it was on deportation with assurances, to ensure that we can repealed by the Labour party because, in 1997, it wanted deport people elsewhere. Of course, there was a particular to sign us up to another European convention? case in which we could not take such action against an individual because it would have rendered them stateless, notwithstanding the fact that they were in a position to 12.30 pm apply for citizenship of another state. Mrs May: I am grateful to my hon. Friend for actually listening to what I have said this afternoon. He is Frank Dobson: It may be a fault in me that I did not absolutely right. The previous Government changed the understand the Home Secretary’s reply to my question law because they were going to sign up to the new earlier. Will she confirm that the child of someone who European convention on nationality, but they did not had acquired British citizenship would be subject to the do so. We have not signed up to it, and we do not intend law that she envisages? to do so. It is therefore right to take the law back to the previous position, which is that of our international obligation under the United Nations convention. Mrs May: I thought that I had provided some clarity in the answer that I gave the right hon. Gentleman Paul Blomfield (Sheffield Central) (Lab): May I press earlier. The law will be limited to naturalised citizens the Home Secretary on our international position under and will not apply to anybody who has British citizenship the 1961 convention on the reduction of statelessness, by any other means. The action would be taken against to which we are a signatory? My understanding is that the naturalised British citizen, not their child. we would be required to seek a reservation from that convention. Is that correct, or does she plan that the Mr Hanson: If the parent and sole carer of a child UK should operate in contravention of it? under 18 was deprived of citizenship while outside the country, what would happen to the child? The consequences Mrs May: Our proposal is completely consistent with need to be thought through. it. We put a declaration into the original UN convention, and we are taking the position back to what was set out Mrs May: I recognise that there are consequences, in that declaration. and they have been considered. The circumstances that the right hon. Gentleman mentions are if the child was Simon Danczuk (Rochdale) (Lab): The right hon. in the United Kingdom and their parent was elsewhere Lady has been speaking for well over an hour and we conducting activity that was seriously prejudicial to the are only a proportion of the way through the amendments United Kingdom. That would be considered on a case in this group. Is this any way to make legislation? by case basis—there would not be a tick-box, mechanistic approach. All circumstances would be looked at in Mrs May: The reason why I have been on my feet for considering whether it was appropriate to apply the new more than an hour is that I have been incredibly generous power to an individual. There are safeguards within the in taking interventions from Members in all parts of the proposal, such as the seriously prejudicial nature of the House. This is an important Bill, which we must get activity that an individual must have undertaken. right, and an important new clause. I am taking interventions on new clause 18 in particular because I I had not quite finished my response to the right hon. recognise that Members have not had as long to consider Member for Holborn and St Pancras (Frank Dobson) it as they would perhaps have wished. when I allowed the right hon. Member for Delyn (Mr Hanson) to intervene. I repeat the response that I The Government have been considering the matter gave earlier to the former: the law will apply only to since we saw the result of the al-Jedda case. I specifically those who are naturalised, not those who are British by asked officials whether there was anything that we birth or those who acquired citizenship under other could do to ensure that we would be able to take action provisions of the 1981 Act, such as those that provide against people whose activities, particularly those related for children to acquire British citizenship. I hope that I to terrorism, were seriously prejudicial to the state. Lo have perhaps made that clearer to the right hon. Member and behold, we discovered that had it not been for the for Holborn and St Pancras. law that the last Government passed, I would have been able to deprive al-Jedda of citizenship. Frank Dobson: If that is the case, what powers did the Rehman Chishti (Gillingham and Rainham) (Con): Home Secretary use to take citizenship away from my As another naturalised British national, I fully support constituent Mahdi Hashi, who was then kidnapped by what the Home Secretary is doing. May I ask her for the Americans in Somalia and is now in court in New clarification? Five British nationals had their nationality Yo rk ? taken away under the previous Government, and 16 had their nationality taken away under the current Government Mrs May: I will not discuss an individual case, but if between 2010 and 2012. What has happened to those the right hon. Gentleman wishes to write to me about it, people? Have we been able to return them to their I will respond to him. I have set out the powers that I countries of origin? If not, is that why the Government already have to deprive citizenship, which are twofold. are pushing forward with the new clause—so that we The first circumstance is when somebody has acquired can do that in future? citizenship through deception or fraud, and the second is when somebody has acted in a manner that is seriously Mrs May: My hon. Friend makes an important point. prejudicial to our national interest and they would not In some cases we are able to return people, and we do a be rendered stateless as a result of the deprivation of lot of work with other countries, through our agreements their British citizenship. 1049 Immigration Bill30 JANUARY 2014 Immigration Bill 1050

Simon Kirby (Brighton, Kemptown) (Con): Is this Government have it. As I have said, they had it until not just about getting rid of very bad people and about 10 years ago, then the law was changed to reduce preventing them from coming back to our country? Is their ability to take action against those acting in a way that not the nub of what we are discussing? that comes under the definition of “seriously prejudicial” to us. It is important that we have such a power, but I Mrs May: I am grateful to my hon. Friend for putting am not in a position to say to my hon. Friend that I will the matter so succinctly and sensibly. This is about suddenly use it in a number of circumstances. The dealing with people whose behaviour is seriously prejudicial power will be used on a case-by-case basis, but, as I have to the United Kingdom, and I would have thought that indicated, I expect that it will be used in a very limited we would all want to ensure that the Government had number of circumstances. the appropriate powers to do that. I will conclude my remarks on new clause 18 by Dr Huppert: The Home Secretary is doing sterling stating again that it is consistent with our obligations work in taking interventions on new clause 18. May I under international law and, as I have said, it was a thank her for coming to talk to Liberal Democrat power we had for most of the past century. It is a colleagues about it? I understand what she is trying to carefully constructed measure designed to give effect to achieve with it, but I still have a number of concerns. our declaration under the UN convention on the reduction She places great reliance on the point that the people of statelessness, but it goes no further. My officials, affected will be able to get another citizenship. Does she together with those from other relevant Departments think it is likely that somebody who is in this country and in consultation with our in-House legal advisers, and has been deprived of citizenship will find it easy to conduct the research and provide a recommendation on go to another country and say, “Here is my background. each case, but these are decisions that I—or, on the rare Britain has just stripped me of citizenship. Could I have occasions I am not available, another Secretary of State— yours, please?” Or will we just find those people stuck in will review and sign off personally. The persons subject this country and unable to leave? to provisions in the new clause will continue to be Mrs May: As I made absolutely clear, if somebody afforded an independent right of appeal, retaining an was in a position to acquire other citizenship, I would avenue of judicial redress. This is not about arbitrarily expect them to attempt to do so. As I indicated earlier, depriving people of their citizenship; it is a targeted there may be circumstances in which somebody remains policy that will be used sparingly against very dangerous stateless, in which case our international obligations to individuals who have brought such action upon themselves those who are stateless would kick in, and we would through terrorist-related acts. I urge the House to conclude abide by them. that new clause 18 is a proportionate and necessary measure. John Hemming (Birmingham, Yardley) (LD): I have spent some time looking at cases in which people have New clause 13 stands in the name of the right hon. been deprived of citizenship, many of whom were abroad. Member for Delyn (Mr Hanson), and I will wait to Does the Home Secretary agree that it is reasonable for hear what he says and respond to the issues he raises. the judicial review clock to start ticking at the point New clause 15 has been tabled by my hon. Friend the when the person affected becomes aware that such a Member for Esher and Walton (Mr Raab), and I will decision has been taken rather at the time when it is make a few comments about it. I respect the fact that he taken? There is a three-month limit on applying for will speak about his own new clause, so at this point I judicial review of the decision, and to allow proper will not go into all the detail but will simply set out a consideration that clock should start ticking when the few points. person in question becomes aware of it. I think we are all agreed across the House—this is Mrs May: I will look at my hon. Friend’s point. one of the things the Bill tries to do—that we want to Obviously there is a process whereby somebody is informed enhance the ability of our country to deport foreign of a decision once it has been taken. I will check the criminals from the United Kingdom where it is appropriate timetable for judicial review and come back to him to do so. The Government have taken a simple position on it. on article 8 of the European convention on human rights, which is that our judiciary have not been interpreting Mark Pritchard: The Home Secretary will know that it in the way we believe it should be interpreted, because I, along with many other Members across the House, it is a qualified right in the European convention itself. have championed refugees being allowed to come to the Having changed the immigration rules, and that not UK in some numbers. As she will know, in the case of having had the effect we desired, we are now putting it Syria, there is a national security issue relating to British into primary legislation and ensuring that we clarify nationals with either single or dual citizenship returning absolutely what the qualified interpretation of article 8 to this country and possibly causing problems here. should be in relation to the Government’s ability to How quickly does she believe the new law will be in remove people from the United Kingdom. I believe that place, and does she believe it should apply to nationals is an important change that the public, as well as and dual nationals coming back to the UK from Syria? Members of the House, would wish us to put through. It is right that the Government are taking this opportunity Mrs May: My hon. Friend raises the important issue to include that measure in the Bill. We all have a shared of people who may have trained and fought in Syria desire to ensure that we enhance our ability to deport potentially coming back here radicalised and with the foreign criminals. desire to do us harm. I am sure that is a matter of concern throughout the House. As I have indicated, I My hon. Friend the Member for Esher and Walton believe the power in question would be exercised in a has tabled a new clause that would amend the Bill, but I limited number of cases, but it is important that the think that some aspects of it would not strengthen our 1051 Immigration Bill30 JANUARY 2014 Immigration Bill 1052 ability to deport foreign criminals, but could actually Mrs May: I am making a few comments about the weaken it. Other aspects of the language he uses might new clause. I would like to hear my hon. Friend the indeed strengthen our proposals. Member for Esher and Walton speak about it and hear whether he intends to press it to a vote. Dr Huppert: I thank the Home Secretary for giving I think that where children are involved the new way as there are many things to discuss in this group of clause weakens the Bill, and as I have said, there are amendments. Has she received any formal advice from concerns about how the measure would operate and its the Attorney-General or her departmental lawyers that practical implications. I think it would lead to circumstances the new clause would be compatible with the European in which—potentially for a significant period of time—we convention on human rights? would not be able to deport people who otherwise we would be able to deport. Mrs May: The advice I have received is that it is incompatible with the European convention on human Sarah Teather: Given the strong line the Home Secretary rights. I am concerned with other aspects of the new has taken on trafficking, how does she feel about the clause because I believe that in a number of areas it exclusion of article 4 of the European convention on weakens the Government’s proposals in relation to article 8. human rights from the new clause? I am also concerned about the practical application of the new clause, because in reality I think we would Mrs May: I have indeed taken a strong line on effectively hinder our ability to deport people for a trafficking, but the exclusion of certain other articles of period of time because there would be considerable the convention in the new clause is one of the aspects legal wrangling about the issue. that makes it incompatible with that convention and raises the issue of how it would operate. I have already indicated that I think the new clause is incompatible 12.45 pm with the European convention, and I am raising some Let me expand on a few of those points. I say to my of the other practical issues that I think would be its hon. Friend the Member for Esher and Walton, we all impact. I think we will find it harder to deport people want to ensure that we make the Bill as strong as because of some aspects of the new clause, and that possible when dealing with the deportation of foreign more cases will go to the European Court as that would criminals. The Bill makes it clear that the deportation of become the first decision maker in a number of cases. a foreign criminal is in the public interest, even for those There would be considerable litigation in the domestic with prison sentences of less than 12 months if that courts if we found ourselves seeking to remove someone offending is persistent or causes serious harm. New contrary to a rule 39 indication. Those are practical clause 15 relates only to automatic deportation, and issues about whether we can deport individuals. therefore to offenders who are sentenced to 12 months I recognise the concern of my hon. Friend the Member of more. It would be for the courts to decide on the for Esher and Walton, and others, about our ability to proportionality of deporting persistent offenders or deport foreign criminals, and in relation to the European those whose offences cause serious harm but who are convention on human rights. I have said on many sentenced to less than 12 months, and no guidance from occasions that it is necessary for the Government to Parliament is provided on the tests that should apply. determine and sort out our relationship with the European The new clause weakens the Bill in relation to those Court of Human Rights and the European convention offenders, and the Government’s proposal has a stronger on human rights, and as far as I am concerned, nothing ability to deal with that. should be off the table in doing that. Today we are The new clause also distinguishes between those considering a Bill that will deal with the deportation of sentenced to between one and four years imprisonment foreign criminals. and those sentenced to more than four years. It provides that those sentenced to more than four years should be Yasmin Qureshi: Again, will the Secretary of State’s deported unless there are compelling circumstances, party support new clause 11, tabled by the hon. Member and that those circumstances must be over and above for Esher and Walton (Mr Raab)? the unduly harsh consequences of deportation on the criminal’s family. Mrs May: I am sorry, but I answered that question There is an issue about the sort of wording used. earlier. I said that I will respond to the comments that I think the Bill goes further than the new clause. The my hon. Friend the Member for Esher and Walton new clause allows “manifest and overwhelming harm” makes, and see whether he moves the new clause. I will to a child to override deportation, even for the most make the Government’s position clear to the House. serious criminals, but the test of whether there would be [Interruption.] I am sure the hon. Lady believes that manifest and overwhelming harm to a child is unclear. debate in the House is important. I am therefore sure We can argue about whether that is a weaker test than she agrees that listening to hon. Members is also important. requiring “very compelling circumstances”, but I think As I have said, the Bill puts in place stronger practical such issues raise concerns about my hon. Friend’s new arrangements that will enable us to deport more foreign clause. criminals, which all hon. Members want.

Mr Hanson: Will the Home Secretary help the Opposition Dr Huppert: It looks like the Home Secretary is by clarifying the Government’s position? If the hon. nearing a conclusion, but may I press her on amendment 74, Member for Esher and Walton (Mr Raab) presses his which I have tabled, and which would write into law the new clause to a vote, will the Government vote for it, Government’s achievement of ending child detention against it, or abstain? for immigration purposes? The Immigration Minister 1053 Immigration Bill30 JANUARY 2014 Immigration Bill 1054

[Dr Huppert] proposals. I am not clear whether the Government as a whole have a united position on them. Do the Liberal has said that he would come back to that. Will the Democrat members of the Government have a different Home Secretary update the House on progress? Will the view? The interesting proposals in new clause 15, tabled Government accept my amendment or come up with a by the hon. Member for Esher and Walton (Mr Raab), better drafted version? are yet to be considered the Government in a full and frank way. Mrs May: The Government accept the principle of my hon. Friend’s point. We propose to reinforce the I want to mention measures on which I agree with the commitment to end the detention of children for Government, as the Bill does contain measures that immigration purposes by putting key elements of the the official Opposition support. On new clause 11, the family returns process into primary legislation. That Home Secretary has our full support for her proposals will involve providing a statutory prohibition on the to tackle sham marriages. Sham marriage is a serious detention of children within immigration removals centres, problem. The Home Office estimates that 4,000 to subject to the exceptions agreed in 2010, which continue 10,000 applications to stay in the UK each year are to be Government policy; providing families with children based on sham marriage or sham civil partnership—the a minimum of a 28-day reflection period following the Minister for Crime Prevention and I discussed this exhaustion of appeal rights against a removal before extensively in Committee. That is a significant number their enforced removal; placing a statutory duty on the of cases and action is needed. Secretary of State to appoint an independent family New clause 11 deals with the situation in Northern returns panel to advise on the best interests of the child Ireland and Scotland, which the Opposition raised in in every case in which enforced return is proposed; and Committee, and contains measures we support. We can providing a separate legal basis for pre-departure support the measures on same-sex marriage, on which accommodation independent of other immigration we sought clarification in Committee. New clause 11 is detention facilities. Our intention is to introduce those welcome, and the Opposition support it. amendments in Committee in the House of Lords. I hope that covers my hon. Friend’s concerns on ending As I have mentioned, we have four and a half hours child detention for immigration purposes. for the debate. The Home Secretary took one third of that time for her opening contribution. She explained Simon Danczuk: The right hon. Lady will be familiar the issues, and I look forward in due course to listening with the two Rochdale grooming cases. The country of to hon. Members’ concerns. I will try to take less time origin of some of the perpetrators of those horrific than her, but I have some things to say. crimes is not the UK. Will the Bill make things easier? Will she assure me and the people of Rochdale that, I reach out a hand of friendship on new clause 12. under the Bill, those who committed those crimes can The Opposition will not oppose it today. It is reasonable be sent back to their country of origin? to try to recoup charges from individuals who use our services, but we might disagree with the Government, Mrs May: I cannot give the hon. Gentleman a guarantee because we believe we need to improve those services. on any specific case, but the Bill will make it easier for As the Home Secretary has recognised, we need to us to deport foreign criminals. It clarifies the interpretation ensure that the charges do not deter the brightest and of article 8 in a way that will make it easier for us to best, and those with skills, from coming to work here to deport foreign criminals. It ensures that foreign criminals create jobs and growth in our economy. We need to can be deported first, unless there are particular ensure that they do not deter students. I am afraid that circumstances in the country to which they are going, Government policies currently deter students from coming and appeal against their deportation afterwards. However, to the UK. We need to ensure that we do not turn away on people who have been convicted of a crime and who people who will contribute strongly to our community. are in our prison estate, my right hon. Friend the Justice The tourism economy is particularly important. We Secretary is working hard with Home Office immigration need to ensure that the level of charges, which we will enforcement people to ensure that we can remove more discuss shortly, does not damage investment in our foreign criminals to their country of origin in a number economy through tourism. of ways, such as through prison transfer agreements. The Opposition have three concerns. The Home Secretary The House shares the concern that we should be able devoted around 45 minutes to new clause 18. I accept to deport more foreign criminals. The Bill strengthens and understand that it deals with a serious problem. We our ability to do that. I would not wish to see it are dealing with people who are undertaking activities— weakened in any way. As I have said, I have concerns terrorism—that are of great concern to the state. Having with some aspects of new clause 15, tabled by my hon. been a Home Office Minister in the previous Government Friend the Member for Esher and Walton, because it dealing with terrorism and counter-terrorism activity, I could weaken our ability to deport more foreign criminals. understand the need to examine those matters. I should However, I recognise that he has sought to strengthen tell the Home Secretary clearly that it is not acceptable, the language in the Bill. The public want an immigration at least as far as the Opposition are concerned, to bring Bill that strengthens our ability to deport foreign criminals a major new clause to deal with that to the House to get through Parliament. That is a shared aim. I 24 hours before the debate on Report and Third Reading. believe that that is what the Bill, as drafted, does. We have only four and a half hours to debate important issues, including European accession—the Opposition Mr Hanson: The Home Secretary spoke for just over and the Government have different views on that, but it an hour and a half, but at the end of her contribution I is valid to discuss them—new clause 15 and the concerns am still not clear on key aspects of the Government’s of the hon. Member for Esher and Walton. I tell the 1055 Immigration Bill30 JANUARY 2014 Immigration Bill 1056

Home Secretary that that is not the way to discuss and in the light of that it will have to look at the matter sensitive issues such as taking steps to deprive individuals when it comes to another place. The ILPA may or may of their citizenship. not have valid points, but we are 24 hours from passing I have listened to what the Home Secretary has said a serious piece of legislation. We had a long period in on a number of measures. My right hon. Friend the Committee. The issues relating to the al-Jedda judgment Member for Holborn and St Pancras (Frank Dobson) of summer to autumn 2013, which the Home Secretary has concerns. Others, including the hon. Member for mentioned, have led to her introducing these measures. Eastleigh (Mike Thornton) and, dare I say it, the hon. We will have to look at them in detail. This is not a good Member for Stone (Mr Cash) have raised pertinent way to place such an important issue, which has the issues of concern. However, we have less than three potential to impact on people’s liberty and citizenship. hours to reach conclusions on these major measures. Dr Huppert: The right hon. Gentleman is right that Mr Brazier: The right hon. Gentleman makes a legitimate we discussed some of this at great length in Committee. point about time. Putting the detail aside, in the kinds I share his view that there should be more pre-legislative of cases raised by the right hon. Member for Leicester scrutiny. This Government have done more than previous East (Keith Vaz), the Chair of the Select Committee, Governments, but there is much more to do. I also share where people abroad are believed to be—in some cases his concern about amendments and new clauses being they are found to be—in arms in opposition to British tabled only two days ahead of time. Does that mean interest, should we or should we not make it easier to that he and his party will ensure that Opposition day have their citizenship removed and their ability to return motions are never tabled just a day before debates? That to the UK ended? would make it easier for all of us to read them.

1pm Mr Hanson: The hon. Gentleman politicises a point I am trying to make about process. He knows how Opposition Mr Hanson: As a Minister in the previous Government motions are drawn up and he knows that they do not who dealt with terrorist activity and looked at terrorist have the same impact as legislation. The proposed plots and the information to which the Home Secretary legislation will have the effect of depriving citizenship. is now privileged, I know there are circumstances where If an Opposition motion is voted on and defeated one the Government need to address serious issues. The thing will happen: there will be political noise about an question I put to the hon. Gentleman and the Home issue. This is about the deprivation of someone’s citizenship. Secretary is this: new clause 18 was tabled 24 hours ago We may, ultimately, make the judgment to support the and there has been no consultation—[Interruption.] Government, but this is an important point about process The Minister for Immigration says that it was tabled on that I think we need to make. Tuesday, but it was published yesterday morning; the first sight of it was then. A range of outside groups would like to examine the consequences of the proposed Mr Bone: I am grateful to the shadow Minister for legislation, yet today the House of Commons is expected giving way. I agree entirely with his comments and it is to approve it. The Opposition want to reserve judgment unusual for the Home Secretary to be filibustering her on some of the details that have been mentioned. We own Bill. Where does he think the Government could want to look at the measures, take advanced legal have learned these tricks? Could it have been from the advice and consult outside bodies, which the Government Blair Government? should be doing, so we can consider the implications. Mr Hanson: I was honoured to serve for 12 years in Jeremy Corbyn: Is what my right hon. Friend saying the Blair Government and I do not think we filibustered on new clause 18 not indicative of the whole approach that much. to the Bill? It has not been adequately debated anywhere. Most of it will be not be debated today and it will pass The Home Secretary addressed some issues relating through this House unexamined. The Bill will have to new clause 18, but they still need to be examined in appalling consequences for an awful lot of things in detail. For example, what definition does she have of society, not just the new clause he is discussing now. “seriously prejudicial”? Who applies that definition? What type of person does she expect to lose citizenship? Mr Hanson: I have to say to my hon. Friend, with the How many individuals does she expect to be impacted greatest of reverence for his long service in Parliament, by this? that the Minister for Immigration and I spent far too So late in the day was the new clause tabled that we long in Committee on this matter through most of have had to table two manuscript amendments this October and November, and we are doing so again morning, in the name of my right hon. Friend the today. There has been discussion and division on some Member for Normanton, Pontefract and Castleford of the measures in the Bill. (Yvette Cooper) and me, that include the potential for New clause 18 was published yesterday morning. The discussion on judicial oversight. The Home Secretary Immigration Law Practitioners Association sent a brief touched on her role and responsibilities relating to at 4 am today. That was the first opportunity it had to judicial oversight, and we need further clarity on that. put down its views on this matter: In the winding-up speech, whether delivered by the Home Secretary or the Minister of State, I would “The amendment on the order paper on 29 January 2014 and on that date we first had sight of the Government’s European welcome a view on our amendments. Judicial oversight Convention on Human Rights Memorandum pertaining to the would give us some comfort on whether this is an clause. We do not attempt to address herein the complex questions appropriate measure to take, given the seriousness of of the present day effects of the UK’s declaration”, removing someone’s citizenship. 1057 Immigration Bill30 JANUARY 2014 Immigration Bill 1058

Rehman Chishti: The shadow Minister raises concerns UK. I just think there is an issue here: this matter was about the short notice given on the content of today’s brought to our attention late, and we want to ensure debate. He also makes clear his expertise on this matter, judicial oversight. I hope we can deal properly with the having served in this area in the previous Government. issue in another place, with full support and after full Under the previous Government, five British nationals consultation. Let us discuss this matter genuinely. were stripped of their nationality. Will he clarify what happened to them? Were they sent back to their country Mark Pritchard: The shadow Minister is entitled to of origin or not? Does he accept that there was a defect ask legitimate questions about the Bill, but does he in the existing legislation and that we need to move agree with the principle of new clause 18, without forward with the new proposed legislation? necessarily knowing all the details at this stage?

Mr Hanson: First, let me say that at the time the hon. Mr Hanson: The principle is the deprivation of the Gentleman supported the Government as a member of citizenship of individuals who are naturalised, and that the Labour party. In fact, he supported the Government might be a positive thing, but we would need to consider so much he stood for election in 2005. it in detail. We have only had 24 hours. I want to consider the legal implications, as well as the issues Rehman Chishti: On a point of order, Madam Deputy raised by my right hon. Friend the Member for Holborn Speaker. Yes, the shadow Minister is absolutely right and St Pancras. We need to look at judicial oversight that in 2005 I was a member of the Labour party. Soon and when and how notice should be given. We also need after that I left the Labour party because, like everyone to look at what rights individuals have to appeal and else, I was fed up with it. what happens if someone is in another state when the decision is taken. What should be the responsibility and Madam Deputy Speaker (Dawn Primarolo): Thatisso response of that other state? What should happen to the clearly not a point of order. In three years in Parliament family? These are important issues which we need to the hon. Gentleman clearly has not got the hang of it cogitate and reflect on, and to return to in another yet, but he has got his point on the record. Can we place. please now return to the very important issues in the Bill? John Hemming: I have looked at cases of people who have had their citizenship withdrawn while they have Mr Hanson: It was just a point of information that been out of the country, and there is a big issue about deserves wider knowledge. people becoming aware of a decision to remove their citizenship and having an opportunity to challenge it. Jacob Rees-Mogg (North East Somerset) (Con): On a Does the shadow Minister accept that although his point of order, I note the custom in the House to give objective is an improved procedural protection, his proposal prior notice before making personal remarks involving runs the risk, in certain circumstances, of reducing it, another Member. Does that include this case? because by the time someone finds out about a decision, the matter will have already gone to court, on an ex Madam Deputy Speaker: With respect, the hon. Member parte basis, and a decision will already have been taken? for Gillingham and Rainham (Rehman Chishti) has, Perhaps it would be better left to judicial review, with having heard the remark, replied to it. I think we have a the person having an opportunity to challenge a decision score draw there, so shall we continue? And that’s not a when they become aware of it. point of order, either. Mr Hanson: My objective is the same, I think, as the Mr Hanson: I give way to the hon. Member for South Home Secretary’s, which is to protect the British people Norfolk (Mr Bacon). from potential terrorist activity at home and abroad. That is a key joint objective. Mr Richard Bacon (South Norfolk) (Con): In passing, New clause 18 raises complex issues on which a range may I say that I think my hon. Friend the Member for of individuals will have a view, but on which there has Gillingham and Rainham (Rehman Chishti) has exactly been no consultation outside the House. Let us look at got the hang of it? the manuscript amendments and consider whether we The Opposition spokesman mentioned the need to could tighten up the process so that we are all content, have proper judicial oversight, and his manuscript and we will reserve judgment until we reach another amendment attempts to provide for it. I have some place, at which point I hope we can reach a conclusion sympathy with the amendment, although probably not that meets our objectives. enough to vote for it. Given what he is saying now, however, why did the Labour Government, of which he Mrs May: I recognise the right hon. Gentleman’s was a member, bend over backwards when passing point about the time to consider the new clause, and I asylum and immigration legislation and do their absolute am happy for the Government to have discussions with damnedest to avoid judicial oversight? him to set out in more detail how it would operate. On that basis, I hope he will consider not moving his Mr Hanson: Lots of things are learned by experience, manuscript amendments, although obviously, following but this is an extremely serious issue. If the hon. Gentleman those discussions, the Opposition could come back to sees merit in our manuscript amendments (a) and (b), them in another place, if they felt it necessary. he should, between now and 4 o’clock, discuss that with those on his Front Bench, because I do not want to Mr Hanson: I am grateful to the Home Secretary for divide the House on such serious issues concerning the her accommodation, and obviously we will reflect on rights of individuals and the protection of people in the her comments. This is an important issue, which is why 1059 Immigration Bill30 JANUARY 2014 Immigration Bill 1060 we tabled the manuscript amendment. It is unusual for Esher and Walton has a range of support for his new such amendments to be taken, so—I should have done clause 15, and in due course I will want to hear again this before—I would like to thank Mr Speaker for what he has to say about it. Like my right hon. and hon. accepting it at this late stage. We tabled it so late simply Friends, I want to see foreign criminals deported. That because the new clause was also tabled late. is right and proper. I was pleased, as well as doing counter-terrorism, to serve under my right hon. Friend the Member for Blackburn (Mr Straw) in the Ministry 1.15 pm of Justice. He went to Vietnam to negotiate a deal to I want to address two more issues, and then allow deport terrorists and prisoners there, and I went to other Members to speak. Our new clause 13 and Nigeria to do the same. We also negotiated a deal with amendment 1 relate to an important matter, raised with the EU for it to accept foreign criminals, which the me by many of my hon. Friends, about tribunal appeals. Government are now implementing and from which Clause 11 will remove immigration tribunal appeals they are reaping the benefits. We have an interest in from the armoury of individuals who wish to stay in the ensuring that foreign nationals living in this country UK, and replace them with administrative review, which, who commit crimes and go to prison serve a sentence in my view, is already part of the process. This is and then are ultimately returned to their home state. important because, while the tribunals continue to uphold decisions, in many cases they overturn decisions made Dr Eilidh Whiteford (Banff and Buchan) (SNP): Does by the Home Office. We have discussed this matter in the right hon. Gentleman agree that there is a fundamental Committee and elsewhere. We estimate that 50% are difference between deporting foreign criminals and overturned; the Government have a lower estimate, but deporting suspects? we agree that decisions are being overturned at tribunal. If tribunals are abolished, such decisions could not be Mr Hanson: There is, and we can explore that in due overturned at tribunal. course, but I want to focus on the new clause tabled by Our new clause 13 seeks to ensure that before the hon. Member for Esher and Walton, as the principle “the Secretary of State makes an order under section 65 of removal is a reasonable one. Let us look at some of (commencement) to bring into force section 11 (Right of appeal the tests that the Home Secretary talked about. I am not to First-tier Tribunal) he must…undertake an impact assessment one to do this very often, but let me give credit to the of…the number of appeals effected by the provisions in Home Secretary: she is trying to make progress on a section 11…and…the costs attributable to appeals to First-tier couple of issues in relation to existing legislation to try Tribunals; and…lay a copy of…that…assessment before Parliament.” to improve the process of deportation. We have given In the light of the Government’s own assessments, we our support to do that, but that process has not yet been think that the cost of people going to judicial review, developed, examined or evaluated. There is scope for us rather than tribunal, might be about £10 million year, to look at whether what the Home Secretary has proposed and that Her Majesty’s Treasury will lose about £4.2 million is right and proper and is put into effect. a year because tribunal costs will not be met. There are cost implications, never mind the issue of basic fairness, The hon. Member for Esher and Walton has a long which is that the sort of people currently having their history inside and outside this House of dealing with appeals upheld at tribunal will not have that opportunity these matters, but there are still some concerns on the in the future. Opposition Benches about the measures that he is proposing, not because we do not want to deport foreign criminals, but because we want to do it in a way that Sarah Teather: Has the shadow Minister noticed an maintains our integrity in relation to the convention on anomaly that concerns me and on which I hope the human rights and our integrity with our European and Home Secretary can give some clarification? It appears world colleagues. I say that because in relation to a that if someone applies for variation in leave, that leave similar amendment that he tabled to the Crime and is protected if their administrative review is pending, Courts Act 2013, I have seen a note that perhaps I but not if they appeal. should not have seen—

Mr Hanson: That is another issue. Our amendment 1 Mr Bone: Tell us! would remove clause 11 from the Bill and allow the Government to reflect on the concerns raised by the Mr Hanson: I am going to. It is from the Home Secretary hon. Lady—she speaks from the Government Benches, to the right hon. Member for Witney (Mr Cameron), but I appreciate that she has an independent frame of who happens to be the Prime Minister. In the note, on mind—and on those expressed outside, in evidence to the hon. Member for Esher and Walton’s amendment to the Committee, and by my right hon. and hon. Friends the Crime and Courts Bill, the Home Secretary said about the impact of abolishing tribunals on the sort of that the amendment people currently having their appeals upheld. Individuals are having their appeals upheld at tribunal, but under “would be incompatible with the UK’s obligations under the ECHR… Nevertheless if this amendment passes both Houses of clause 11 such appeals will not be possible. Our proposal Parliament and becomes law the Secretary of State will be required is either, in amendment 1, to remove clause 11 or, if the to act in accordance with it and make deportation orders Home Secretary cannot accept amendment 1, in new notwithstanding other ECHR obligations. This would significantly clause 13, to provide for an assessment beforehand so undermine our ability to deport foreign criminals.” that we can consider this matter in detail. There are real issues that need to be explored. The Madam Deputy Speaker, you will be pleased to hear Bill restricts appeals against deportation that use the that I am coming to my final point, although I have right to a family life in article 8. We have supported the only spoken for half an hour—considerably less time Government’s efforts to do that. There are foreign criminals than the Home Secretary took. The hon. Member for who have committed serious crimes whom we cannot 1061 Immigration Bill30 JANUARY 2014 Immigration Bill 1062

[Mr Hanson] Dr Huppert: I am grateful to the right hon. Gentleman. Before he finishes, could he comment on my amendment deport and who have used article 8 inappropriately, but no. 74 about writing into law the end of child detention? the new proposals have not yet been tested in the courts. Does he share my pleasure that this will now happen We support the Government’s view that the proposals and that it will stop any future Government doing what in the Bill should be implemented and that gives us the last Government did and detaining over 7,000 children grounds to have severe scepticism about supporting the within five years, including for 190 days? Is he pleased hon. Gentleman’s proposals. What I am not clear on is about that change? whether the Home Secretary shares that scepticism, whether she intends to allow the new clause to go Mr Hanson: I do not share the hon. Gentleman’s forward, or whether she intends to block, support or judgment on most issues, but that could be looked at. abstain on it. I would welcome clarification by the time My hon. Friend the Member for Croydon North (Mr Reed) the hon. Gentleman has made his points. attended discussions yesterday on this matter and we will look at those matters in detail. Richard Fuller (Bedford) (Con): The right hon. Gentleman, whose judgment on these issues I value We are not the Government today; we are the official acutely, referred to leaked Government correspondence. Opposition, on behalf of whom I say that we have What is his position on whether my hon. Friend’s proposals severe concerns about new clause 15 and about the would contravene our responsibilities under the ECHR? process and potential implications of new clause 18, but we will reserve judgement on that. The issue of the Mr Hanson: I have served with the hon. Gentleman removal of tribunals is one that we need to address and on a number of Committees. We have had useful and to delete from the Bill. We need to look at some of the positive cross-party discussions. I say to him honestly other issues before we give the Home Secretary unqualified that we have taken legal advice and we believe that the support. proposal would put us in contravention of ECHR After many weeks of discussion, we have an Immigration responsibilities. The Home Secretary, I think, has had Bill on which the Government appear to me, as a simple the same advice and the Home Secretary, I think, shares Front Bencher, to be in chaos on some of the key issues our view. The question for the Home Secretary is whether on which they will be judged. We must judge the Home she wishes to exercise her judgement today or at a later Secretary on what she says, but there are real issues that date. need to be resolved. I would welcome hearing from the hon. Member for Esher and Walton as to why he Mr Brazier: I am grateful to the right hon. Gentleman believes that his proposal will not breach the ECHR on for giving way a second time. We have had a valedictory these matters. With that, I conclude to ensure that hon. speech from Lord Judge, the last Lord Chief Justice, in Members have an opportunity to contribute. which he stated very clearly that it is time for it to be made clear as to which is the supreme court of this country: our Supreme Court or the court in Strasbourg. Mr Dominic Raab (Esher and Walton) (Con): I wish Does he have a view on that? to speak to new clause 15 and amendment No 62 in my name and that of 105 other hon. Members from across Mr Hanson: I am dealing with the practicalities of three parties in this House. Subject to the will of the the issue before us today. [Interruption.] If the hon. Chair, of course, I intend to press them to a vote to test Gentleman wants an answer, I will say that the ECHR is the opinion of the House. a valuable tool and we should uphold our obligations I welcome the engagement and consultation with within it. officials and Ministers over what has been a two-year Provisions in new clause 15, according to our legal period, and with Opposition Members. I think what the advice—I think it is shared by the legal advice that the shadow Minister said was code that they are going to Home Secretary has received—could cause more difficulties abstain and I welcome that as well. and breach our ECHR responsibilities. Those issues are to be tested, but we are left saying that if this is pushed Mr Hanson: My gut instinct at the moment is not to to a vote we would potentially be looking at not supporting support the hon. Gentleman by actually voting against the hon. Member for Esher and Walton, depending on him. I want to hear what he has to say and I also want what he says. We will see in due course. to hear from the Home Secretary on whether there are further measures that we could jointly take to tackle the Nicholas Soames (Mid Sussex) (Con): Move on, then. curse of foreign criminals not being deported in an appropriate way that meets our ECHR obligations. Mr Hanson: I will do so, but I say to the hon. Gentleman, with whom I have served on Committees and whom I greatly respect, that I have had just over Mr Raab: I thank the shadow Minister for his half an hour. The Home Secretary, for a range of intervention, which was a very elegant way of sitting on reasons, talked for one and a half hours. I am trying the fence again. responsibly to set out the view of the official Opposition The problem with which the new clause and amendments so that Members can form a judgment. would deal results from the judicial expansion of the right to family life under article 8 of the European Dr Huppert: Will the right hon. Gentleman give way? convention, which allows serious foreign criminals to evade deportation. It is, I think, common ground that Mr Hanson: I am genuinely trying to wind up, but I the Strasbourg Court has steadily eroded United Kingdom will give way to the hon. Gentleman. deportation powers over the past few decades, but the 1063 Immigration Bill30 JANUARY 2014 Immigration Bill 1064 tightest fetters have come from the UK courts as a In the Izuazu case, Mr Justice Blake pointedly stated: result— rightly or wrongly—of the Human Rights Act “’Whilst it is open to Parliament to change the law by primary 1998. legislation unless and until it does so these decisions are binding...and will be followed”. So we have tried once and that did not work; and it was 1.30 pm clear that it would not work because of the way in Let me move away from some of the technicalities for which the Human Rights Act operates. I am not necessarily a while, and stress that the impact on ordinary people is criticising the Act; I am merely making a point of fact. stark. Let us not lose sight of whom we are talking Part 2 of the Bill seeks to reintroduce what is effectively about. My campaign began in my constituency when the same balancing exercise as that in the immigration Bishal Gurung, a waiter in Esher, was killed in a very rules in order to give the factors in favour of deportation vicious attack, and his body was dumped in the River statutory force. Of course that is a step in the right Thames. The perpetrator, Rocky Gurung—no relation— direction, but the UK courts are only required to “have was convicted of manslaughter. He would have been regard” to the factors that are listed, and that leaves the sent back to Nepal, but he scuppered the deportation courts wide discretion. Sections 3 and 4 of the Human process by claiming his right to family life, although— Rights Act clearly require such discretion to be exercised remember that this was a homicide conviction—he was in a way that complies with existing human rights case a single adult with no dependants. One can imagine law in this country. In short, there is a real risk that how Bishal’s family felt about that. nothing would change. This was not an isolated case. According to the reply Let me deal briefly with the Home Secretary’s suggestion to a freedom of information request that I submitted, that my new clause would risk our being involved in a the number of successful article 8 challenges to deportations huge amount of litigation. There is always a risk of by foreign criminals ranges from 200 to 400 a year, and litigation when the law is changed, but because the new the latest snapshot indicates that they constitute 89% of clause is much shorter, clearer and more succinct than all successful human rights challenges to deportation the wide, sophisticated, complex balancing exercise in orders. It is necessary to study the case law of the the Bill, it is much less likely to attract the kind of Immigration and Asylum Tribunal to appreciate the satellite litigation to which the Home Secretary alluded. extent to which such cases warp the moral balance of I therefore think that the Bill as it stands would make British justice, endanger the public, and, for many people the position worse than it would be if my new clause outside this place, make “human rights” dirty words. were accepted. That is something that I deeply regret. Some argue—and I want to address their argument Michael Ellis: I admire my hon. Friend and respect head on—that the rights of the partners and children of his position, but my fundamental concern about his convicted serious criminals must be given due weight, new clause is that it is being described by lawyers—from but the crucial point is that, in reality, the application of both the Labour party and the Government, it seems—as article 8 is being expanded to protect the rights of the a measure that is incompatible with the legislation, will criminals, not those of their families. Far from safeguarding not work, and will actually slow the process down. I the vulnerable, it can expose them to undue pressure, if want us to deport as many foreign criminals as possible, not worse, from dangerous offenders. Let me give just but will not the new clause make that more difficult? two examples. In one case, a man who had been jailed for raping his Mr Raab: I know that my hon. Friend takes a close partner twice relied, successfully, on his relationship interest in these matters, and I shall try to address his and daughter with the same woman to avoid deportation. point very squarely. I urge him to intervene again if he It worries me that female victims may be coerced into feels that I have not done so satisfactorily, in which case being reunited with violent criminals who see them as a I shall spell out my argument more clearly. legal lifeline enabling them to stay in this country. In My new clause differs from the clauses in part 2 in another case, a drug dealer who had been convicted of that it is mandatory. Serious offenders cannot pull out beating his girlfriend, and who had been jailed twice for and wield article 8 as a joker to trump deportation. other brutal, barbaric attacks, successfully cited his Unless there is a tangible threat to life or limb, those young daughter as a ground for evading deportation, convicted killers, rapists, drug dealers and other serious although he had never paid maintenance and had scarcely criminals should be sent home: they should not remain seen his daughter until lawyers explained that that on the streets of Britain. might help his case, and although the mother did not I spent a long time crafting and consulting on my new want her daughter to visit him in prison. Far from clause. It allows a very narrow exception to the wider protecting children, article 8 risks making them pawns, automaticity of deportation when that is in the subject to coercion or worse, in criminals’ desperate overwhelming humanitarian interests of the children struggle to resist deportation and stay in Britain. involved, but the discretion is to be exercised by the Let us be clear about what the law, rightly or wrongly, Home Secretary rather than the courts. The new clause is achieving. In 2012 the Home Secretary rightly sought uses a Home Office mechanism, or model, to protect to address the problem, by changing the immigration that discretion from human rights challenges by expressly rules, but that was only a rule change, and predictably, stipulating that the only challenge can be by way of because of the way in which sections 3 and 4 of the judicial review. Human Rights Act work, it was not upheld by the courts. I say “predictably” because I think that I have explained Mark Pritchard: As my hon. Friend knows, I am one the position in the House before; I have certainly done of the co-signatories of the new clause. However, the so publicly, and with Ministers, following consultation. Home Secretary legitimately raised the possibility of 1065 Immigration Bill30 JANUARY 2014 Immigration Bill 1066

[Mark Pritchard] prohibition on torture and inhumane or degrading treatment. If she is really concerned about this focused unintended consequences should the new clause remove issue, those exceptions will deal with all those cases. the discretion and flexibility that currently exists in relation to the discretion to deport someone who has Mr Jack Straw (Blackburn) (Lab): Is there not a been in prison for less than 12 months. prior point that if someone has a genuine, well-founded fear of persecution by the state to which they might Mr Raab: My hon. Friend has made a perfectly return, they have a near absolute right to claim refugee reasonable point, but the new clause is tailored to status in this country under the 1951 convention? serious criminals, which is all the more reason for it to be considered reasonable and proportionate. Of course, Mr Raab: The right hon. Gentleman is absolutely if the Government wish to insert a provision covering right. We probably would not even get on to article 2 or persistent petty offenders—which would be far more 3 in such cases. That situation is preserved under my likely to attract challenges under article 8, because in new clause. I thank him for that important intervention. the case of less serious offences deportation is more likely to be deemed disproportionate—they will be able Dr Huppert: Will the hon. Gentleman give way? to do so. However—it is odd to be attacked for not being tough enough—I think that the main focus should Mr Raab: I will make a little progress, but I will be on those who are jailed for a year or more. That is the certainly come back to the hon. Gentleman. model in the UK Borders Act 2007. The key difference between my proposals and part 2 of the Bill is that my proposals would deal with the Sarah Teather: May I take up a point that I made to problem. They do not require us to scrap the Human the Home Secretary earlier? As the hon. Gentleman Rights Act or pull out of Europe. To the great chagrin knows, people are often trafficked, but the fact that they of some of my colleagues, my proposals do not dip their have been trafficked is not recognised immediately. Such toe into those totemic, polemical matters. They would people may have committed crimes while being trafficked, not be struck down by UK judges, because they would and may have served sentences of more than a year. It be unequivocal primary legislation with overriding force. seems that, as a consequence of the restrictive nature of They are expressly within the terms of the Human the new clause, we would be willing to send those people Rights Act. That is spelled out in the memo to which back to enslavement following the removal of article 4. the shadow Minister referred, if he reads it carefully. We must be clear that incompatibility and illegality Mr Raab: That is an important point, but I think that are two different things. It is clear that the UK courts I can give the hon. Lady some reassurance. If I understood would enforce the new clause that I am putting before her correctly, she was suggesting that because article 4 the House. It is also clear from the most recent Home would be removed as an excuse for trumping deportation, Office advice that I have received, to which hon. Members we could send people home to be subject to slavery or have also referred, that the new clause would not attract something akin to it. That would automatically be a rule 39 injunction from Strasbourg. That is because caught by article 3, which covers “inhumane or degrading there would be no irreversible harm. It is extremely rare treatment”. There has never, to my knowledge, been a that Strasbourg would even consider a rule 39 injunction case in either the Strasbourg or the United Kingdom in such a case. The original memo that the shadow courts in which deportation has been trumped on the Minister cited referred to this matter, but the most basis of article 4. It would already be covered under recent memo from the Home Office team that has been article 3, which is very well-trodden ground. I therefore sent to me, which is from November, is very clear: think that her entirely legitimate concern has been “we do not expect interim measures under Rule 39 to be issued catered for, but if she wishes to intervene again, I will routinely, if at all.” give way to her. Of course, it is likely that if my new clause attracted a rule 39 injunction, the clauses in part 2 would be Sarah Teather: What about other matters relating to equally susceptible to such a challenge. That is the key the convention, such as the right to practise one’s religion point: the official advice from the Home Office is that and the right to a private life in relation to one’s such a challenge is very unlikely. sexuality? Is there not a possibility that people would be sent back to a country where they would be persecuted? Richard Fuller: Will my hon. Friend give way?

Mr Raab: From the sound of it, I have reassured the Mr Raab: I will just expand on this point. I have hon. Lady on the first point, which is good news. On the quoted the advice that I have received. If anyone thinks second point, a deportation order has never been trumped that the new clause has been tabled with the aim of on those other grounds. The only grounds on which flouting UK law or engaging in illegality, as opposed to that has happened are article 2 on the right to life, doing something that might be incompatible with article 3 on the right not to be tortured and article 8, the wider, opaque obligations of the ECHR, they which now makes up the lion’s share. I therefore do not misunderstand the point. It is wrong to say that that is think that that problem would arise. She talked about what the Home Office’s advice states, because I deliberately persecution. Let us be clear that any persecution that sought its advice. threatens life or limb is already caught by the exceptions Even if we face a longer-term claim to Strasbourg under articles 2 and 3. I have deliberately preserved that is not based on injunctive relief, the new clause those because the hon. Members from across the House remains faithful to the convention. We must not forget who support the new clause and I support the absolute that for a second. Paragraph 2 of article 8 on the right 1067 Immigration Bill30 JANUARY 2014 Immigration Bill 1068 to family life provides a list of grounds for curtailing the I do not want to engage in a clash of legal opinions right to family life, including law enforcement, crime here, although the Attorney-General is free to intervene prevention, public protection and protecting the rights on me, but I say briefly in response to the Home of others, which is what the colleagues from both sides Secretary that there is nothing in the limited case law of of the House who support the new clause care so deeply Strasbourg to suggest that the Bill and the new clause about. that I have tabled are different. One never gets such precision from the Strasbourg Court and I do not think Chris Bryant: I understood the hon. Gentleman to that that is what the Home Secretary meant. mean that he had sought the same legal advice as the Home Secretary. The Home Secretary said clearly that Mr Bone: My hon. Friend seems to have won over the Attorney-General had said that new clause 15 was one Member of the House who is not here at present, incompatible with the European convention on human because the BBC is reporting that the Prime Minister rights, but the hon. Gentleman says that he has seen the supports his aim and has ordered his Ministers not to same advice and that the new clause is compatible with oppose him. the convention—or have I got that wrong? Mr Raab: I thank my hon. Friend for keeping the House updated on that important development. 1.45 pm The key point is that it is clear from the text of the Mr Raab: Very briefly, that is not what I was saying. I European convention—I have referred to paragraph 2 think that the hon. Gentleman has added one and one of article 8—that, under the terms expressly set down and made three. I have received a memo from the Home by the architects of the convention, the new clause is Office team that sets out the position on rule 39 in proportionate. It is proportionate because it applies relation to article 8 cases. Precisely because of the only to serious criminals who have been imprisoned for concerns that are shared across the House, I asked a year or more. It therefore ought to withstand any whether we were likely to see a deportation process appeal to Strasbourg. gummed up by a rule 39 injunction. I remind the House that we are not entirely sure how any litigation in Strasbourg on this issue would pan out, Chris Bryant: So the Home Secretary is wrong. whether on the basis of the Bill or the new clause. That is partly because the 47-member-state Council of Europe, Mr Raab: I will come to that, but I want to be clear to which the Strasbourg Court is accountable, has made about what the advice is. The advice that I received from two recent declarations in Izmir and Brighton calling officials was that Strasbourg would rarely, if ever, consider on Strasbourg in unequivocal language to meddle less a rule 39 injunction in relation to an article 8 case in immigration cases. We therefore have every reason to because there is no irreversible harm. believe that we will have a greater margin of appreciation in future. I pay tribute to the Minister without Portfolio, Mrs May: If I may, I will make a triaged intervention, my right hon. and learned Friend the Member for Madam Deputy Speaker. To clarify, all I said was that I Rushcliffe (Mr Clarke), for the efforts that he made had received legal advice. It is not the practice for when he was Justice Secretary to achieve those resolutions, Ministers to say in this House whether legal advice has which have paved the way for the new clause. come from the Attorney-General or from other sources. I am absolutely clear from the legal advice that I received Sarah Teather: Will the hon. Gentleman give way? that new clause 15 is incompatible with the European convention on human rights. Mr Raab: I will not give way again, because I have In answer to my hon. Friend, the advice from the been reasonably generous to the hon. Lady and I want Home Office is absolutely clear that a rule 39 injunction to give other Members an opportunity to speak. would be less likely to be imposed where the decision If we are honest, we know that any serious reform in had undertaken a balancing act in considering the this area risks being frowned on by the Strasbourg issues. That is precisely what the Bill allows. My hon. Court at some point in the future. The goalposts keep Friend’s new clause does not allow that. That is why on shifting. That is how we got to this point in the first rule 39 would be more likely to be used under his place. However, the same objection applies to the Bill. proposal. As the president of the Supreme Court and the former Lord Chief Justice, Lord Judge, have stated many times, Mr Raab: I thank the Home Secretary for her the last word on the balance between human rights and intervention. I have the memo that I received in front of public policy must remain with the UK courts and, me. I will read from it so that there is no doubt and so ultimately, with elected and accountable law-makers in that hon. Members can make up their minds. It states Parliament. that it is clear from the case law that There has been a lot of heady talk about human “it would only be in exceptional cases that an interim measure rights reform. Today, we have an opportunity to do would be granted in an A8 case.” something about it. It goes on to say: “I can’t say whether there has ever been a Rule 39 in a UK A8 Dr Huppert: Will the hon. Gentleman give way? case, but it is obviously rare.” It goes on to say, because I was asking the question in Mr Raab: I will not give way because I want to give relation to the Government’s clauses: other hon. Members a chance to speak. I am sure “we do not expect interim measures under Rule 39 to be issued that the hon. Gentleman is one of those who will be routinely, if at all.” queuing up. 1069 Immigration Bill30 JANUARY 2014 Immigration Bill 1070

[Mr Raab] I also want to say a few words to those who think that this is all about the Human Rights Act. I was the New clause 15 and amendment 62 are practical, Minister responsible for the Act, and I am proud of it. common-sense proposals that would protect the public, I hope that I will not cause the Attorney-General, restore some common sense to our justice system and the right hon. and learned Member for Beaconsfield restore some trust outside this place. I commend them (Mr Grieve), too many blushes if I say that I remember to the House. his courageous maiden speech in the House, in which he spoke out in favour of the Human Rights Bill, as it then Mr Straw: On 24 November 2003, a young girl aged 9, was. Those on his Front Bench voted against the Bill on Amy Houston, was killed on the west side of my Second Reading, but by the time we reached Third constituency of Blackburn by a man driving a motor Reading they had come round and wished the Bill well. car, Aso Mohammed Ibrahim. He was an unfounded asylum seeker with no basis for remaining in the United Mr Hanson: Given that the Attorney-General is in Kingdom, and at the time of the motor accident, had a his seat, does my right hon. Friend agree that it would number of convictions for driving while disqualified be appropriate for him to help us by telling the House and driving without insurance. He received a relatively what advice the hon. Member for Esher and Walton short prison sentence for causing death by careless (Mr Raab) and the Home Secretary have had on this driving. Thereafter, he developed a relationship with a measure? In that way, he could provide clarity to enable woman in my constituency who already had two children us to discuss the matter formally. by other men. He then went on to commit further offences. Mr Straw rose— When the Home Office made efforts to deport Aso Madam Deputy Speaker (Mrs Eleanor Laing): Order. Mohammed Ibrahim, he resisted them on article 8 If the Attorney-General wishes to speak, he will find grounds. The matter went before a tribunal, which the right time to do so. It is not up to the right hon. found in his favour. I was Justice Secretary by that time, Member for Delyn (Mr Hanson) to decide when that and I spoke to the then Home Secretary, my right hon. should be, and it should certainly not be in the middle Friend the Member for Kingston upon Hull West and of a speech by the right hon. Member for Blackburn Hessle (Alan Johnson), who ensured that a vigorous (Mr Straw). appeal was mounted in respect of that tribunal judgment. A new appeal was established, but that too was lost. Mr Straw: I am sure that the Attorney-General and Principally, it was lost on the ground not of Strasbourg the hon. Member for Esher and Walton have had law but of the way in which the British courts had discussions about this, but for the avoidance of doubt, widened the basis of article 8 beyond that of Strasbourg it does not lie in my mouth to suggest that the Attorney- in order to protect individuals in this situation. General’s advice to Ministers should be made public. Knowing far more about the background of the case [Interruption.] And I would say to my hon. Friend the than ever went before the tribunals, my opinion was—and Member for Rhondda (Chris Bryant) that I do not remains—that that man had abused his position in this think there are good reasons to make that advice public. country and set out to develop a relationship with a We are all entitled to legal professional privilege, including woman and have children with her solely in order to Ministers. evade deportation and immigration controls. It is a matter of regret to me and to my right hon. Friend the Keith Vaz: And former Ministers. Member for Kingston upon Hull West and Hessle that the courts appeared to endorse his wilful decision to Mr Straw: Yes; that is even more important. evade those controls. I want briefly to comment on a point made by the It is for those reasons that I, and those on my Front hon. Member for Canterbury (Mr Brazier) on the way Bench, strongly support the amendments to the law that in which the higher courts have interpreted the Human appear in clause 14 of the Bill. I have great regard for Rights Act. I am proud of the Act, and although we can the hon. Member for Esher and Walton (Mr Raab), and always amend legislation in the light of experience, I do I have talked to him at considerable length about the not believe that it needs to be amended. It is a well merits of his new clause. I am also listening carefully, as crafted Act that brings into British law the convention I said I would, to the debate today. I have no difficulty rights to which we are subject anyway. The idea was that with seeking to direct the British courts towards a those rights should be accessible here, rather than in different conclusion from that towards which they are Strasbourg. Abolishing the Act would not remove our currently directed by the higher domestic courts in this obligations under the European convention; the British country. That is also the purpose of clause 14. Government would still be subject to them, but those I do have a problem, however, with the House knowingly rights would be more difficult to access. deciding to legislate in a way that the best advice The problem with the Human Rights Act is the way suggests would be incompatible with convention rights. in which our higher courts have interpreted sections 2 That is because I am a strong supporter of the European and 3. They place on the courts an obligation to “take convention on human rights. If the House wishes to into account” Strasbourg jurisprudence, but our courts decide to leave the convention, or to abrogate individual have interpreted that as meaning that our courts should parts of it, it should seek to do so explicitly, rather than follow Strasbourg jurisprudence. If the House had meant through an amendment of this kind. I accept that the to use the word “follow”, we would have put it into the hon. Gentleman has thought carefully about this matter, legislation. We did not do so; we used the words “take but it is with regret that I shall be unable to support his into account”. The Law Lords, in their wisdom, decided proposal today. that in practice that meant “follow”. 1071 Immigration Bill30 JANUARY 2014 Immigration Bill 1072

Mr Geoffrey Cox (Torridge and West Devon) (Con): remains with Parliament and the Government. Therefore, But does the Supreme Court have any option but to the issue of illegality is separate from incompatibility. follow Strasbourg, where there is a clear authority in Given all the points that the right hon. Gentleman has Strasbourg? It knows that the case will then go to the made about the opacity, the shifting goal posts and the Strasbourg Court, that its decision will be disapproved difficulty of nailing down the case law in Strasbourg—it and that a contrary decision will come from Strasbourg. does not have a doctrine of precedent—does he also So, where there is a clear line, the Supreme Court has to agree that, for all the talk of Government legal advice, it follow Strasbourg in that way. is almost next to impossible, unless one is giving defensive and cautious advice, to give clear and focused advice on Mr Straw: With great respect to the hon. and learned where Strasbourg will go, let alone where it is currently Gentleman, the occasions on which the judgments of at? the Strasbourg Court are absolutely clear and on the point are extremely infrequent. It would also be unusual for a case to get that far if a case in Strasbourg was Mr Straw: There are some instances where it is obvious, four-square with an incident case in the British courts. and some where it is less obvious. The hon. Gentleman What would be the point of taking such a case that far? is correct to say that even if a judgment is made by the Attorney-General, and indeed if the declaration is made Mr Cox: Prisoners’ rights? by the British courts of incompatibility with the convention rights, section 4 of the Act makes it absolutely crystal Mr Straw: We do not want to get drawn down that clear that those provisions remain in force. That was particular rabbit hole, but the case of Hirst makes my part of the elegant architecture of the Human Rights point. For the avoidance of doubt, if the hon. and Act. The role of the Parliamentary Counsel was to learned Gentleman reads the original judgment in that ensure that parliamentary sovereignty over individual case, he will see that it involved such uncharted territory legislation was maintained. The problem of the hon. that at least five of the senior judges in the Strasbourg Gentleman—as he knows I really wanted to support his Court found in favour of the United Kingdom Government position—is that the Home Secretary has a duty under and not in favour of the criminal, Hirst. I also say to the section 19 of the Act to say whether or not the provisions hon. and learned Gentleman that if he follows a whole in the Bill as it goes forward are or are not compatible series of lectures given by very distinguished jurists in with the convention. this country from Lord Hoffmann through to Lord Judge, he will see that there has been a strong current of I once signed a certificate saying that a particular Bill opinion among our high judiciary against the views that was not compatible with the convention, and Parliament are being taken by the law lords and the Supreme still passed it. None the less, it does create difficulties. Court. Happily, I have summarised those in the second We cannot suddenly, on a wing and a prayer, say, “Well, lecture I gave in the Hamlyn series in 2012, and I will in five years’ time, this will end up before the Strasbourg send my notes to the hon. and learned Gentleman. Court.” It is something that will come before Parliament There is a serious issue that we need to put right to at the next stage of this legislation. ensure that, in future, greater flexibility is given to the British courts. Yes, of course the courts have to apply Charlie Elphicke (Dover) (Con): I am slightly troubled the convention, which was the point made in the articles; by the right hon. Gentleman’s argument. When the that is made absolutely clear under section 2 of the original Act was brought forward, the Home Office Human Rights Act. As for the degree to which the publication was clear. It said that the Bill provides for courts apply the Strasbourg jurisprudence based on legislation those convention articles, they need to take account of “to be interpreted so far as possible so as to be compatible with it, but not follow it. It is very important that our courts the Convention. This goes far beyond the present rule which get back to the intention of this Parliament in 1998 enables the courts to take the Convention into account in resolving when it passed the Human Rights Act. Had they done any ambiguity in a legislative provision.” so, Aso Mohammed Ibrahim would not still be in this At the time the Human Rights Act was put before the country. The problems we ran into there were not in House, the Home Office knew exactly how far-reaching respect of the convention of the Strasbourg Court or of the change would be. the Human Rights Act, but in respect of the way in which article 8 had been interpreted by our own courts. Mr Straw: I do not follow the hon. Gentleman’s It is my earnest hope that clause 14 will lead to some point. None the less, it is still the case that the Home change in that. Secretary signs a certificate under section 19 saying that the Bill is compatible with the convention. Section 3 of 2pm the Act requires primary legislation to be read and I hope that the Home Secretary will take away and given effect in a way that is compatible with convention consider what the hon. Member for Esher and Walton rights, and that is what we are talking about. Parliament has proposed. He was a very good lawyer in the Foreign can pass any Act it wants. It may be incompatible, but it Office when I was Foreign Secretary. He is not someone can still be in force. We are all concerned to ensure that who is foaming at the mouth about the Human Rights as many people as possible are deported, where it is Act. There is serious purpose in what he has suggested, justifiable, as quickly as possible. and there may be a way through to meet halfway, between what the Home Secretary proposes and what he proposes. Charlie Elphicke: The right hon. Gentleman was saying that the courts had gone too far in the interpretation of Mr Raab: On this point of the legality, it is clear from section 3. My point was that the Home Office at the how the Human Rights Act has been drafted that, time was clear that that was the purpose it wanted to where there is an incompatibility, ultimate sovereignty achieve. 1073 Immigration Bill30 JANUARY 2014 Immigration Bill 1074

Mr Straw: With respect, the hon. Gentleman is confusing people until we want to move them somewhere else and section 3 with section 2. Section 3 says that the courts they end up being treated like blocks of paper rather must read legislation than individual human beings. “in a way which is compatible with the Convention rights.” That is the black letter text of the convention articles. Ms Diane Abbott (Hackney North and Stoke Newington) Section 2 says that a court or tribunal that is determining (Lab): Does the hon. Lady agree that much of the a question which has arisen in connection with a Convention detention is essentially punitive and without benefit of right “must take into account” the judgments and due process? We should always remember that these jurisprudence of the Strasbourg Court. It is in respect people have committed no crime. of section 2 and the jurisprudence of the Strasbourg Court that our courts have extended the words “take Sarah Teather: I absolutely agree with the hon. Lady. account” to mean “follow”. That has been the basis of Of course, it is not effective in doing what we claim to some of our problems, including the over-extension and be trying to deliver. The people detained over a long elaboration—unnecessary in my judgment—of article 8 period of time are those whom we are least likely to be rights. able to remove. Detention Action monitored long-term detainees and found that only a third were ultimately I am aware that there are others who wish to speak, removed or deported. The longer somebody is in detention, so I will finish there. the less likely they are to be removed. Extreme stress is caused to the individual, extreme expense is caused to Sarah Teather: I have a number of amendments in the UK and no benefit is gained for the wider common this string. I wish to speak to amendments 56 and 57, good. which relate to immigration detention. Amendments 2 to 5 and 58 are around the best interests of children. Amendment 56 seeks to limit the time of detention to Amendment 61 is a sunset clause, which relates to legal 28 days, forcing the Home Office to do what most other aid. Amendment 60 relates to the use of force. I want to countries in Europe have managed to do and find some make a couple of remarks relating to Opposition other way of enforcing removal without putting people amendment 1 and to speak against new clause 15 and into detention. Indeed, 82% of returned asylum seekers Government new clause 18. I can hear Members groaning in Sweden left voluntarily. When I was a Children’s that I will be speaking for absolutely ages. They will be Minister I had a great deal of discussion with the Home amazed because I can be remarkably quick. Office about ending child detention and we eventually managed to reach an agreement. I was pleased to hear Amendments 56 and 57 seek to impose some kind of the Home Secretary say in response to an intervention challenge and limit on detention. The UK detains more from my hon. Friend the Member for Cambridge people under immigration powers than almost any other (Dr Huppert) that we would put some of those provisions country in Europe. Only Greece detains more, but it on the face of the Bill. I shall await the detail with tends to detain people only for very short periods of interest and hope that everything we agreed in 2010 will time as they come to the border. In fact, we are unique be included and that it will not just be an agreement in in detaining people indefinitely.That experience of indefinite headline. detention causes profound stress to the individuals concerned, many of whom suffer from mental health Ian Mearns (Gateshead) (Lab): There is of course a difficulties as a result of the journey that they made to question mark over whether some detainees are minors. get here, and many exhibit profound mental health They often arrive in this country without the appropriate difficulties during their period in detention. documentation and it can be difficult to know whether Furthermore, in many cases, we have no chance of they are past the age of majority. Those youngsters, removing the people whom we have in detention to a who subsequently prove to be minors, are still kept in third country. Often, people are left languishing in detention. detention for extended periods because we are unable to move them to the country of their origin either because Sarah Teather: There is a particular difficulty with it is not safe to do so or because we cannot obtain travel the speed at which we determine the age of young papers. We have been repeatedly criticised for the number people at the moment and it varies significantly from of people we detain and for the length of the period for one borough to another. I encourage the Home Office which we detain them. Indeed, the detained fast track to work closely with local authorities to try to speed system seems to be largely used for administrative purposes. that process up. [Interruption.] My point is that we have managed to do such a thing for families with children and a great deal of learning Madam Deputy Speaker (Mrs Eleanor Laing): Order. has happened in the Home Office that we could extend The Chamber has suddenly got very noisy. The hon. to adults held in detention. We are managing to remove Lady is making important points, and other Members people whom we want to remove without putting them should do her and the House the courtesy of listening. into detention, and a great deal of good and innovative If conversations have to take place, there are plenty of thinking has been happening. It would be fantastic if places outwith the Chamber in which those conversations good practice in one area of the Home Office was to can occur. extend to other areas of the Department. A 28-day limit would sharpen the mind of the Home Office and encourage Sarah Teather: Thank you, Madam Deputy Speaker. it to get on and do that. The detained fast-track scheme seems to be a process Amendment 57 would ensure that people had an largely of detaining people for administrative ease, often opportunity to challenge their detention by ensuring for extended periods, despite its name. It is as if we file that it came up regularly for review. The review would 1075 Immigration Bill30 JANUARY 2014 Immigration Bill 1076 first happen shortly after they went into detention and We had a great deal of debate earlier about foreign then at intervals thereafter. The UNHCR has repeatedly national prisoners, but clause 14 applies to all article 8 asked us to look at that and I strongly urge the Home claims and not just to the deportation of foreign national Secretary to consider it. prisoners— Unfortunately, in direct competition with my proposals to try to encourage better due process for people in Madam Deputy Speaker (Mrs Eleanor Laing): Order. detention, the Government are proposing to remove I am sure that the hon. Lady is not talking about new people’s rights to apply for bail. That is a very retrograde clause 14 at this stage, because it comes in the next but step. I know that the hon. Member for Hayes and one group of amendments. She may refer to it, but she Harlington (John McDonnell) has tabled amendments must stick to this group of amendments. on this matter, and if he decides to press them to a vote I will certainly support them. Sarah Teather: I am trying to explain why I have I have also tabled a raft of amendments on the best tabled my amendments to the clause, as amendments 2 interests of children. The drafting of clause 14 appears to 5 relate directly to clause 14, as do my other amendments. to imply that certain children are somehow invisible, I cannot explain them without referring to clause 14 to which goes completely contrary to the work I did in clarify, I am afraid. government as a Children’s Minister. It was with significant A lot of people might be under a misapprehension, as frustration that I read the wording used in the Bill, regards the redrafting of what is in the public interest, which, from my perspective, undermines the work we that the measure will only apply to a very small group of did to end child detention and put in place in the Home foreign national prisoners. My point is that it will apply Office a practice of considering the best interests of to anybody who attempts to make an article 8 appeal. children. More to the point, it runs contrary to existing Let me make a point about new clause 15 that follows law. At worst it is unlawful, at best it is deeply and on directly from those points. It seeks to move things in profoundly confusing. the opposite direction from the proposals I have been trying to make. I find it slightly astonishing that any hon. Member would put their name to something that 2.15 pm states that it is okay to cause serious harm to children, We also seem to have a notion of the public interest to cause manifest harm to children and to cause that does not include children. We seem to have a overwhelming harm to children, and that it is only not narrow view of the public interest and to take a very okay to cause manifest and overwhelming harm to right-wing perspective on it. I want to offer a slightly children. Indeed, it has to be the child of the particular different view, which includes the best interests of children. individual concerned and it is otherwise fine to cause I want to live in a society in which we are more sympathetic manifest and overwhelming harm to any child. I am and in which we consider the rights of families as a absolutely astonished that hon. Members think that matter of course and that is what my amendment 58 that is okay. seeks to bring about. Amendments 2 to 5 seek to try to correct the rather Mrs Anne Main (St Albans) (Con): As a Member confused position in clause 14. If the Secretary of State who put her name to the clause that the hon. Lady is must give her views about what is in the public interest, disputing, may I say that if she looks at the intent it must include children and must be in accordance with behind it, she will see that Members such as myself and the UN convention on the rights of the child, which we others across the House wish to see the greater good of have signed up to. Much of yesterday’s debate centred the population trump the good of the individual? She is on the plight of children and it seems to me that such losing sight of other people who may be harmed, who children in the UK would be aversely affected by the might be other people’s children. provisions in the Bill. An unaccompanied migrant who has been in the country for less than seven years will Sarah Teather: I think I probably do not share her apparently be invisible to the Home Secretary as clause 14 utilitarian view of what the greater good is. I probably is drafted. A settled child who came here at two, who have a slightly different view about the common good has been here for less than seven years and who knows and do not think that that includes causing serious or no other country is apparently also invisible to the manifest or overwhelming harm to children. That is Home Secretary. why the UK is a signatory to the UNCRC, and why we When colleagues have pressed the Immigration Minister believe that the best interests of children should always on such matters, he has sought to assure them that the take prime consideration and that the law should be courts are still bound by our duties under UNCRC and blind in that regard, irrespective of someone’s immigration by the section 55 duty in the Borders, Citizenship status. It would be a sad day if the House legislated to and Immigration Act 2009 to ensure that welfare and say that it is okay to cause serious harm to children and safeguarding for children are provided for all children indeed that it is okay to do that in order to pacify a in the exercise of immigration functions. If that is the Conservative party rebellion. That is not a good reason case, I wonder what the point is of tabling something for legislating. that is confused and contradicts what the Immigration Minister claims will take primacy. As the Joint Committee Jacob Rees-Mogg: I wonder if the hon. Lady is on Human Rights has noticed, the most likely outcome placing the blame on the wrong person. If someone is that front-line immigration officers will be unclear is deported for committing a serious crime, it is the fault about the relationship between the section 55 duty and of that person, not of the state for following the consequence the test in the Bill. of what that person has chosen to do. 1077 Immigration Bill30 JANUARY 2014 Immigration Bill 1078

Sarah Teather: But is it the fault of their child? That women—something on which Her Majesty’s inspectorate is the point. The law allows us to weigh these tests up of prisons was extremely critical of the Home Office. and it does not always say that if someone has a child We have had the death of Jimmy Mubenga. Those are there is not a case for deporting them, but it allows us to just two recent examples. It seems to me that a failing look at individual cases. The law must look at individual organisation that is poorly managed should never be cases and not set hard and fast lines. given increased power to use force, especially as many of the functions of immigration officers do not properly Ms Abbott: Does the hon. Lady agree that it has long involve the use of force at all. been a principle of British law that we cannot hold children responsible for the wrongdoing of their parents? Jeremy Corbyn: I commend the hon. Lady for I do not know how many Members would want to live tabling amendment 60. Jimmy Mubenga died in horrific in a society where some children have more value than circumstances. Is she aware that in many cases the others. forced removal is undertaken by contractors on behalf of the Home Office and those contractors are not necessarily trained in what they do? Appalling injuries Sarah Teather: I absolutely agree with the hon. Lady. take place and a large number of deportations are The law must have the flexibility to look at individual stopped because the airlines refuse to take people in an cases. If we draw bright lines in the sand, it becomes unsafe situation. difficult for judges to take into account individual circumstances. Sarah Teather: That is exactly the point. The Bill Automatic deportation goes slightly wider than the effectively gives all immigration officers retrospective issue of children. Further to the discussion on new freedom against any Act that has previously come into clause 15, I want to raise a constituent case. A young force, any power that immigration officers have and any man came here as an extremely young child and was future power that they have to use force to do what they given refugee status. His parents then had some difficulties want to do. Given the problems that we have already and he was taken into care. His mother had mental seen in making sure that contractors and immigration health difficulties. The local authority negligently placed officers follow best practice, know what they are doing him into the foster care of a couple who were drug and are properly trained, how on earth the Home Office dealers and continued to engage in significant criminal will be able to devise a training programme to cover activity during the course of which the young child was every possible power that immigration officers have is profoundly damaged, as one might well expect. The beyond me. local authority was found criminally negligent in this I dare say that in most things that immigration officers case. can do, the reasonable force that is appropriate will be By the time the child turned 18 he was convicted of a zero. Will the Home Office issue guidance for every serious crime. He went to prison. He would have been in possible power than an immigration officer has? I go prison for long enough to quality for automatic deportation, back to the point I made earlier. The Bill goes against but he had been in the UK since he was a very young the agreement that we made in relation to treatment of child. He had been given refugee status. There was no children and families that we would end child detention. family for him to go back to. By all decent recognition The agreement was much wider, I hasten to add, than of what had happened to him, the state had been families being kept in Yarl’s Wood. It was about working negligent in how it treated him. I cannot see any way in with children and families and the extent to which force which that young man would have protection under would be used throughout the process. The power in new clause 15 as it is drafted. schedule 1 is very worrying, and there has been no press scrutiny of it. I come back to the point about what is in the public interest. I do not want to live in a society where judges Labour amendment 1 would remove the provisions in cannot look at the detail of cases such as that of my the Bill that limit the right of appeal. constituent. We have had some debate about whether Madam Deputy Speaker: Order. Before the hon. Lady new clause 15 is in accordance with the European comes on to her next point, the House appreciates that convention on human rights. I have had advice from the she has many important points to make and that this is Immigration Law Practitioners Association that the a large group of amendments and new clauses. Her Home Secretary was unlikely to be able to sign up to speech is perfectly in order, but now that she has spoken saying that the provision was compatible with the Human for more than 20 minutes, she might be considering Rights Act 1998, which would make it difficult for it to drawing her remarks to a conclusion. She might not be go into the House of Lords. There was a mischievous aware that I have had notice that at least 14 other hon. moment when I wondered whether, despite my abhorrence Members wish to take part in the debate, and time is for the new clause, I should support it in order to limited. destroy the Bill completely, given that I do not seem to be able find enough people to vote against the Bill to Sarah Teather: I do not have many other points to wreck it, which is what I would really truly like to do, as make. there is little in it that I like. I want to make a point about amendment 1 that has We have not had much opportunity to discuss not been made. There has been a great deal of guff amendment 60. It relates to limits in the use of force by about the Bill being focused on restricting the rights of immigration officers and tries to bring it back to the appeal of people who do play by the rules. It is important status quo. This seems to be another example of giving to stress that the restrictions on appeal in the Bill are a blank cheque, and to an organisation that has hardly exactly for those who do play by the rules. They are for covered itself in glory where use of force is concerned. people who come here to work and for family purposes. We have had issues with use of force against pregnant When taken together with the changes that make it 1079 Immigration Bill30 JANUARY 2014 Immigration Bill 1080 more difficult to get a spousal visa, it is hard not to see Pete Wishart: I will address that point directly because this as an attack on family life. An administrative review it is at the heart of what we are debating and something is simply not equivalent to an appeal. An organisation that my hon. Friend the Member for Banff and Buchan such as the Home Office cannot be expected to challenge (Dr Whiteford) mentioned. I am happy to ensure that itself. I would be grateful if the Home Secretary addressed people who have been found guilty of crime after going the point that I made in an intervention on the right through the core judicial process are deported, but I am hon. Member for Delyn (Mr Hanson) about the anomaly very unhappy about suspects being deported and facing with respect to administrative review and appeal when the full force of the law. This is part of a trend. It was a applying for variation in leave. theme of new Labour that a person needed to be only a suspect for things to be flung at them. Labour created 2.30 pm a fantastic anti-civil libertarian state that the Conservatives, to their credit, dismantled quite effectively, but we will If a Division is called on new clause 18, I will certainly now have an anti-civil libertarian state—created by new vote against it. If the Opposition decide to press their Labour and continued by the Conservatives—that has amendments to the new clause, I shall vote with them, the basic premise that it is all right to throw suspects out but those amendments do not go far enough, because of this country and to treat them appallingly. making people stateless is simply wrong. I accept that the Home Secretary says that the measure will apply to only a limited number of people, but that does not Jeremy Corbyn: Is the hon. Gentleman aware that if make it any less wrong. If the new clause is accepted, we someone is deported but allowed to conduct an appeal will find ourselves on a list of states that represents a in this country, it is almost impossible for them to do roll-call of dishonour, but I want us to be leading that? A deportation therefore effectively involves no international policy in this area, rather than trailing it. real right of appeal nor any real access to justice, so it is a pernicious decision. I am, frankly, aghast that my party has been willing to sign up to new clause 18. If a Division is called on it, I would strongly encourage my colleagues to vote in the Pete Wishart: The hon. Gentleman is spot on, and he No Lobby. It is difficult for any Liberal Democrat to gets to the heart of what we are debating. What is support such a measure, especially as the safeguards happening in this country—the fact that we are prepared that the Home Secretary talked about will be set out to legislate in such a way—makes me feel ashamed. It is nowhere in the Bill. appalling that my country of Scotland is being dragged into this nasty, pernicious, appalling race to the bottom Madam Deputy Speaker (Mrs Eleanor Laing): I call on immigration. It is such a shame that we are not Pete Wishart. independent yet to allow us to get out of this absolute nonsense. Pete Wishart: Thank you very much, Madam Deputy Speaker. I was not expecting that, but I am delighted to Mr Nigel Dodds (Belfast North) (DUP): So you are be called so early in the debate. against the Bill. This is a rotten Bill made all the more rotten by some of these appalling amendments. We are in this position Pete Wishart: I think the right hon. Gentleman will because the Government are in an appalling race to the find that I probably am. bottom with the UK Independence party—this is all about seeing who can be toughest on immigration. I have to say to the Home Secretary, “You’re not gonnae Mr Brian H. Donohoe (Central Ayrshire) (Lab): Surely win that one—forget about it. You cannot out-UKIP it is within the scope of the hon. Gentleman’s Parliament UKIP.They are the masters of nasty, pernicious populism, and Executive in Scotland to change the law and make and you’ll never beat them.”It is a credit to the Government the situation in Scotland narrower. that they will not be able to beat UKIP on such issues but, by God, with this Bill and their amendments, they Pete Wishart: I am grateful for the hon. Gentleman’s are having a good stab at it. I expect the right hon. Lady intervention because it takes me on to new clause 11, to lose that particular battle. which the Home Secretary tabled at the last possible The Government’s stated aim through the Bill is to moment. The new clause deals with sham marriage and make the UK a more hostile environment for illegal civil partnership, which is a responsibility of the Scottish immigrants. Well done Home Secretary; you have certainly Government and a competence of the devolved Parliament achieved that with fantastic aplomb. The job of these in Edinburgh. As you well know, Madam Deputy Speaker, right-wing immigration Bills is to do two simple, marriage is subject to Scots law. The hon. Gentleman straightforward things: stop people coming in; and kick has been in the House longer than me, so we have both out as many people we do not like as we can at the same been here through the devolution experience, and I time. The Bill manages to achieve both those objectives, think this is the first time that we have seen a Bill that and the addition of the Government’s amendments and impacts on matters for which we have legislative new clauses means that it will be done even more responsibility without having a legislative consent motion thoroughly. to allow the House to legislate on behalf of the Scottish Parliament. Dr Thérèse Coffey (Suffolk Coastal) (Con): Is the As far as I am aware, the Scottish Government have hon. Gentleman happy about how long it can take to called again and again for an LCM so that the Scottish remove someone who has broken the law and is not Parliament can decide whether to allow this Parliament legally entitled to be here, despite the risk of their to legislate on its behalf. No LCM has been forthcoming committing further crime in this country? at all, even though we are responsible— 1081 Immigration Bill30 JANUARY 2014 Immigration Bill 1082

The Minister for Immigration (Mr Mark Harper) The Home Secretary is effectively asking us to agree indicated dissent. to allow her to rip up the passports of people who live in this country. As I have said, these measures have been Pete Wishart: The Minister indicates that an LCM is introduced so late in order to prevent Back Benchers not necessary, but does he agree that we are responsible from having the opportunity to speak about the most for marriage and civil partnerships? We are responsible important parts of the Bill and so that they cannot be for the health service and housing in Scotland, but there voted on, which is absolutely appalling. In fact, to say has been no LCM to ask the Scottish Government if that the Government’s amendments look like they had they agree to allow Westminster to legislate. We are been written on the back of a fag packet is to do a totally unsatisfied with the Minister’s responses on this— disservice to some fantastic speeches that I have heard delivered from the back of a fag packet. Little thought Mr Harper rose— seems to have gone into them. The plans for the revocation of citizenship have been made by the Home Secretary behind closed doors and Pete Wishart: We should have an LCM, but the without any sort of due process or transparency. Hon. Minister can explain why we are not getting one. Members might have seen the reports in The Independent today about how some people have subsequently been Mr Harper: With the greatest respect, I have had killed in US drone strikes or rendered to secret locations conversations with the First Minister and engaged in to be interrogated by the FBI. Perhaps that is what will correspondence with Scottish Ministers. Our clear view happen to all these people. They are being betrayed by is that the Bill deals with reserved matters for a reserved their own Government, whose duty is to protect them, purpose, so we do not believe that an LCM is needed. not throw them under a bus in order to help powerful The tone of the responses that I have received from allies, which looks like what we will be doing. She said Scottish Ministers—Scottish National party members that we are simply returning to the situation that existed of the Scottish Government—does not accord with before 2003, but the UK has signed and ratified the what the hon. Gentleman says. 1961 convention on the reduction of statelessness, to which more than 50 states are signatories. We will now Pete Wishart: That is not my view of the correspondence be breaking that. that I have seen. I am surprised that the Minister says I will speak briefly about new clause 15, tabled by the such a thing because the Bill is foreign to how we want hon. Member for Esher and Walton (Mr Raab). We to run our NHS. It has nothing to do with how we want know, as has been said again and again, that Conservative to deliver our devolved services. We are not privatising Members do not much care for article 8 of the European the NHS like they are down here; we want to invest in it convention on human rights. They would have us believe and ensure that it sticks to the ’45 principles of “from that there are all sorts of foreign criminals marauding cradle to grave”. We fundamentally disagree with the across our communities, living the life of Riley on Government about the need for such measures, and we benefits and then going home to phone their expensive want an LCM so that we can say clearly to them, “Stay lawyers, saying, “Get me off on article 8.” That is the out of our devolved services. Keep your race with type of image they present. They continue to attack UKIP out of our delivery of the NHS and other some of the great protections that we have secured over devolved services.” I still hope, although it is probably many decades on the back of the European convention too late, that we will have an LCM. on human rights. We are now seeing yet another attack A number of the measures in the group are pretty on our human rights. It is no surprise that it comes from chilling, one of which is new clause 18, on which the the Conservative Back Benches. I very much hope that Home Secretary spent such a good part of her hour and we will resist it. a half speech. What an appalling measure. This is about Charlie Elphicke: On a point of clarification, and in removing citizenship from people. Watching the Home relation to the new clause tabled by my hon. Friend the Secretary’s attempts to respond to the many searching Member for Esher and Walton (Mr Raab), if Scotland “what happens if” questions would almost have been were to become independent, does the hon. Gentleman comical were it not so sad. She could not start to answer believe that it would not only petition to join the the simple question—some of my hon. colleagues on European Union as a new accession state, but seek to this side of the House might want to revisit this during join the Council of Europe? the winding-up speeches—of what happens to someone who is stripped of their UK citizenship but is not taken Pete Wishart: Yes, and I will tell the hon. Gentleman by any other country. I think I heard something along something else: an independent Scotland will sign up the lines of, “We might give them their citizenship fully to the European convention on human rights and back,” but if that is the case, what is the point of doing take our responsibility in that regard very seriously. We it in the first place? Who is going to take these people? will not be cavalier, as this Government seem to be in Are we going to launch them into orbit and leave them their approach to some of these very important human circling round the Earth as stateless people without any rights. I look forward to the day when Scotland, as an sort of citizenship? Is France going to take them, or independent nation, will take very seriously its Germany? [Interruption.] What about an independent responsibilities to protect our citizens and ensure that Scotland, I am asked. Where will those people go? This they are properly protected by international laws and is the big question that the Home Secretary has been regulations. unable to answer: what will happen to those people once they have been deprived of their citizenship? What Jacob Rees-Mogg: I do not understand why the will happen to their children, or the people who depend hon. Gentleman does not have the courage to claim on them? We really need to hear from her on that. that Scotland would be the successor state and would 1083 Immigration Bill30 JANUARY 2014 Immigration Bill 1084 therefore inherit membership of all those bodies, leaving affected by it. That is not what their actions have England, Wales and Northern Ireland free from the caused; their actions have caused them to go to prison, European Union? for a minimum of a year according to the new clause, and then to be deported because they were foreign Pete Wishart: I invite the hon. Gentleman, who I criminals and therefore had no automatic right to be know takes a great interest in these matters— here in the first place. That is an important and fair Madam Deputy Speaker (Mrs Eleanor Laing): Order. principle. I am going to give the hon. Gentleman the protection of If the alternative view is taken, which is that there the Chair on that question, which he does not have to will be knock-on effects on other people and therefore it answer, because we are beginning to stray a little—not is unfair and unreasonable to allow a punishment to far—from the point in question. take place, then no punishment can ever take place and we can have no proper rule of law in this country. Pete Wishart: Thank you, Madam Deputy Speaker, Whenever somebody commits a crime and is likely to be although I do not need your protection when it comes sent to prison, they will say that their family cannot to these issues. All I will say to the hon. Gentleman is cope with that and that it will be unfair, and therefore that he should turn up to next week’s debate on Scotland’s their sentence must be brought down and they must be place in the United Kingdom so that can discuss them free to carry on their life of crime. I fundamentally further. disagree with the hon. Member for Brent Central and I will bring my remarks to a close. What we are seeing think that the provision in the new clause is both today is a dreadful Bill being made even worse. We will proportionate and sensible. vote against it on Third Reading, although I do not think that we will get much of a debate on Third Mike Thornton: I very much appreciate the hon. Reading. It is a terrible Bill, and this has been an awful Gentleman giving way. I believe that he has misheard process. It makes me ashamed that we are still part of my hon. Friend the Member for Brent Central (Sarah all this. I just long for the day when we will have a Teather), because I know that he would not deliberately Government in Scotland who do not spend all this time misinterpret her comments. She was by no means saying exercising themselves, as this Government do, over that someone should not be punished because they have immigration, EU exit and all the nasty and pernicious children; she was saying that, when considering them things they are doing because of UKIP. It might as well for deportation, we should properly weigh in the balance be Nigel Farage standing at the Dispatch Box. Why do the genuine difficulties and harm that could be done to we not just get him in, because he has the whole House children. By no means was she suggesting—I hope that dancing to a UKIP jig? That is what we will see right up I am right—that we should stop punishment. That was to the end of this Parliament: Nigel Farage pulling all no part of her argument whatsoever. the strings of Conservative Front Benchers. They might as well have him at the Dispatch Box, because this is nothing other than a UKIP Bill. Jacob Rees-Mogg: I am grateful to my hon. Friend for his helpful clarification. The problem is that deportation 2.45 pm is part of the punishment. The logic of the argument of Jacob Rees-Mogg: I must confess that the image of the Member for Brent Central is that if someone’s my right hon. Friend the Home Secretary being a punishment had an effect on their children that led not puppet on a string for Nigel Farage is one that is new to to “manifest and overwhelming harm” but to either most Members of the House, and one that seems rather manifest harm or overwhelming harm, it would be far from the truth. I wish to speak to two new clauses: fundamentally and in principle unfair on the children, new clause 15, tabled by my hon. Friend the Member so that part of the punishment should not be carried for Esher and Walton (Mr Raab), and which I have out. Surely, however, it might equally be said that someone’s signed; and new clause 18. imprisonment would have an effect of manifest but not “manifest and overwhelming” harm on the children. If May I first say how fortunate it is that the Government such an argument was accepted, the whole criminal and the authorities that be have ensured that new clause 15 justice concept of punishing people who have committed has come up for debate this afternoon? It is crucial offences would become extremely difficult. Deportation that the House of Commons should get to debate that is therefore simply a reasonable part of the overall which the House of Commons wishes to debate, and punishment for someone who commits a serious offence. 105 signatures to a new clause is a clear statement of that desire. The business managers therefore deserve I listened with great interest to the debate about the to be commended for their wisdom in allowing that to status of new clause 15 in European and UK law. A happen, and those in even higher positions of authority—I principle that we should always state and restate in this am thinking of Mr Speaker, in particular—follow in a House is that, by its very nature, Parliament cannot fine tradition of Speakers who have ensured that the pass a law that is illegal. We can pass laws that contravene will of the House has been allowed to be expressed and international obligations or that we may decide our a view come to. That is good fortune for us all. diplomatic relations require us to remove or repeal, but I must confess that I disagree fundamentally with the Parliament cannot pass an illegal law. case made by the hon. Member for Brent Central (Sarah That point is important to remember, because there is Teather). It seems to me that part of our system of a tyranny of lawyers. They give people advice stating liberty is the fact that liberty comes with responsibilities. that they think x or y, but until it has been judged by a One of those responsibilities is that if a person’s actions court, that is no more than advice, which may be right are illegal, a punishment will follow, and that punishment or wrong. If my right hon. Friend the Home Secretary is their responsibility and their fault. They cannot get has been advised by the Home Office lawyer that the out of it because other people might be indirectly new clause does not meet the requirements of the 1085 Immigration Bill30 JANUARY 2014 Immigration Bill 1086

[Jacob Rees-Mogg] what rights belong to people who have committed very serious crimes and how far such rights should go. If it European convention on human rights, that does not became a legal decision—if it were taken to the courts—we question the right of this House to pass it into law: it is would find out at a later stage whether the European our right to do so, and then to consider the judgment Court of Human Rights thought it was compatible that may or may not be made by the European Court of with the convention. The House would then make a Human Rights. That of course leaves open the question second choice, which would be whether to maintain of whether the Home Secretary can sign the declaration today’s political decision or reverse it to be compatible that the Bill is compatible with the European convention with the convention. That is not the choice before us on human rights. I am delighted that she is returning to today.This is a routine exercise of parliamentary sovereignty her place as I say that. in adding to a Bill a provision that may become law and My right hon. Friend has the right to go to another be justiciable at a later stage. lawyer. When given legal advice that they do not like, I know that a lot of other Members want to speak, so many people see whether they can find one who gives I will be brief on new clause 18. I have some concerns different advice. Amazingly enough, when they pay a about it. I am perhaps rather romantic in my view of better lawyer, they sometimes get better advice. I hope what it means to be a British subject. I always though that even in an era of austerity, Her Majesty’s Government that Palmerston got it right on the Don Pacifico affair—the may seek out some better lawyers who can give improved “Civis Romanus sum” principle. Once any one of us has advice that is more in line with what my hon. Friend the a passport that says we are British, we are as British as Member for Esher and Walton said. anybody else, whether they were born here or got their The question is therefore only one of incompatibility, passport five minutes ago. It is incredibly important not of legality. I hope that the Opposition Front Bench that there is equality before the law for all Her Majesty’s team will also think about that. Whether the new clause subjects who are living in this country and have right of is accepted and passed into law is not fundamentally a residence here. legal decision, because the legal position is as yet I worry that if we give the Government the ability to unproved—it has not been tested in the courts—so it is take passports away from a certain category of British a political decision or a political statement about what subject but not from others, it will create a potential hon. Members on both sides of the House think is the unfairness and a second category of citizen. There are right way to treat people from foreign countries who Members of the House who were born abroad and have have committed serious crimes. I would take the political been naturalised and, on occasion, they may vote against decision that it is right to expel them from this country, the Government, which I hope the Whips will not and that it would be wrong to do so only if extraordinary consider serious enough reason to remove their passport. factors meant that they ought to have the right to stay. The fundamental underlying principle of equality of all Her Majesty’s subjects is important. I am always nervous Yasmin Qureshi: It is on exactly that point that some about giving the Executive relatively arbitrary powers, Opposition Members have concerns about new clause 15. because they are the ones that can be most misused. As the hon. Gentleman says, there may be exceptional Once a passport is in somebody’s hands, they ought to circumstances that mean a decision should be made not be no different from anybody else in any legal respect. to deport somebody, but the new clause tabled by the Crucially, there may well already be laws that could hon. Member for Esher and Walton (Mr Raab) would deal with the problem in another way. If people have take away exactly such discretion, because it says, “If committed an offence so serious, important and threatening you get one year’s imprisonment, you’re out.” to the life of the nation that their passport should be confiscated, surely they have committed some other Jacob Rees-Mogg: As always, the hon. Lady makes crime for which they could be charged, dragged through an excellent point, but it is a question about which bit of the courts, perhaps found guilty by a jury and then discretion would be taken away. The courts would retain sentenced accordingly, with the penalty handed down in discretion if there was a threat of harm or a threat to the right and proper way and their rights and liberties life and limb, as my hon. Friend the Member for Esher as subjects being maintained. They may have committed and Walton pointed out. Discretion would be circumscribed treason if they have done something so serious that they only in very specific cases relating to article 8, and that are to have their passport removed from them. would be done because the courts appear to have made I will not oppose the new clause, but I wished to raise some quite eccentric decisions. What has really brought those concerns. I understand that the approach has this to the attention of the British public is the huge been agreed because it will not affect many people. That backlog of deportations—4,000 people are apparently is fine—I am glad it will not have widespread application— waiting to be deported—and the fact that a very high but what message does it send to the nation at large? number of challenges are brought purely on the basis of article 8 rights, which cannot therefore involve people in Jeremy Corbyn: The hon. Gentleman makes a fair fear of torture or of harm to life and limb. I do not point in saying that not many people will be affected think that anybody in the House wants to deport people immediately, but once one gives a Minister an executive at risk to life and limb. As a nation, we believe in power to deny someone citizenship, who knows how offering refugee status to people genuinely at threat, but many citizenships will be taken away in future? we are not in favour of the exaggeration of spurious rights. Jacob Rees-Mogg: The House may be surprised to As I have said, the decision is a political decision, not know that I am in almost complete agreement with the a legal one. It is for this House to make a political hon. Gentleman, which is rare—I think unique. One choice about how our criminal justice system works, should always be suspicious of the arbitrary power of 1087 Immigration Bill30 JANUARY 2014 Immigration Bill 1088 the state. As we saw with today’s proceedings about James Duddridge: My point was that I did not know whether there would even be a vote on new clause 15, about my name at that point, although I could check. the arbitrary power of the state can sometimes be However, how can I check to see whether all the names misused. The Executive sometimes have to come under on the amendment paper are correct? pressure before they give way and allow the proper proceedings to take place. I much prefer a legal process, Madam Deputy Speaker: Order. We will not take up and I do not want to make the statement that people the time of the House in this important and short who have got their citizenship more recently than I did debate by discussing the composition of the amendment are in any sense lesser citizens. I fundamentally do not paper. It is in order and not a point of debate. believe that. Anybody who is fortunate enough to be a Chris Bryant: It is a great delight to follow the hon. subject of Her Majesty is an equal subject of Her Member for North East Somerset (Jacob Rees-Mogg) Majesty with all others. although I would like to correct him on a few details. Mr Brooks Newmark (Braintree) (Con): On a point Although Palmerston thought that Don Pacifico was of order, Madam Deputy Speaker. It has just come to undoubtedly a British citizen, merely because of his my notice that my name is on the list of those supporting birth in Gibraltar, that would not necessarily apply the new clause and amendment tabled by my hon. today in the same way because he was actually a Portuguese Friend the Member for Esher and Walton (Mr Raab). I Jew who therefore had more than one nationality at the would like to make it clear that I have not spoken to my time. I am not sure that the hon. Gentleman’s point hon. Friend, nor given him my written consent to be applies reliably to the debate. named on his amendments. Can you advise me, Madam I entirely agree with everything the Home Secretary Deputy Speaker, on how I can get my name excised said about sham marriages. They are a real problem and from the record, and will you look into tightening up in certain places in the country—most notably around the rules, such as by requiring a Member’s written London and the west midlands—there is a real issue to consent before names are added to amendments in be tackled. I warmly commend Ministers who have future? taken the right actions in the Bill to deal with that. I am concerned, however, as my right hon. Friend the Member Madam Deputy Speaker (Mrs Eleanor Laing): I thank for Delyn (Mr Hanson) said earlier, about the business the hon. Gentleman for his point of order, which he of removing people’s citizenship, not least because the made with his usual eloquence. It is now on the record way the proposal has been drafted gives a phenomenal that his name should not have been on the amendment degree of Executive power to the Secretary of State. I paper today as a supporter of that new clause and worry about that, as do several other Members, including amendment. I should tell him that it is quite normal for the hon. Members for North East Somerset and for the Table Office to accept a list of names as supporters Brent Central (Sarah Teather). of an amendment, but it would appear that a mistake Two years ago I remember going to the deportation was made in this case. I will ensure that the House centre at Heathrow and seeing a young man whose state authorities take all steps that they can to amend the we do not know. He refuses to say where he is from record, so that his name does not appear as a supporter because he thinks he will be deported back to that place. of the new clause and amendment. He has been most He had then been in that deportation centre for four effective in making his point of order in front of the years because for him, that half life in a sort of prison whole House so that it is obvious that he is not a was better than the danger of being deported back supporter of them. somewhere. Some think the best way of dealing with the problem of deporting foreign criminals involves measures 3pm to change the rules on article 8. The biggest problem lies James Duddridge (Rochford and Southend East) (Con): not with that, however, but with an awful lot of people Further to that point of order, Madam Deputy Speaker. who get to this country and instantly abandon their I am not aware of whether my name is attached to that paperwork, either because that is what they intended to new clause, but it was certainly not my intention or do from the beginning, or because they are from countries instruction to put my name down. Is there any way of to which we simply cannot deport people. Again, I clarifying the names attached to the new clause to see commend those Ministers who have worked—as Labour whether there have been any additional mistakes? Ministers did in the previous Government—to try to ensure that people will not be subject to torture if they Madam Deputy Speaker: I am sure the hon. Gentleman are returned to their country of origin, and that they is aware that the simple method of clarification is to will have a fair trial and so on There are, however, many look at the list, which is on the amendment paper. I will countries around the world where such things still do not take up the time of the House by checking whether not apply, and those cases make up the largest number his name is on it, but he might wish to do so himself. of people, let alone those whose paperwork has been lost by the Home Office—also a substantial number. Of Chris Bryant: Further to that point of order, Madam course I want foreign criminals to be deported and sent Deputy Speaker. Just to help the hon. Member for back to their country of origin, but I also want their Rochford and Southend East (James Duddridge), he is human rights to be protected. I still believe in the right not on the list. However, there are amendment papers to a fair trial and am opposed to torture. I believe in all all around the building, and to be honest, he could do the things we have signed up to as a country. Let us not his own homework. pretend that the Bill will sort out the bigger problem. James Duddridge: Will the hon. Gentleman give way? Jeremy Corbyn: Does my hon. Friend accept that one problem is the number of countries that have not signed Chris Bryant: I suppose so. the convention on torture? We should not deport anyone 1089 Immigration Bill30 JANUARY 2014 Immigration Bill 1090

[Jeremy Corbyn] nervous about such moves. I am not saying that the Home Secretary is engaging in that, but when we give to a regime where no convention on torture is applicable, an arbitrary power and significant discretion to a Home and we should not rely on dubious one-off agreements, Secretary to exercise it, there is a danger. which is what we have been doing. Mr Ward: Will the hon. Gentleman give way? Chris Bryant: I completely agree, and anyway, if we sought to deport anyone to such a regime, we would Chris Bryant: I am keen to finish because I know that face the courts, which is a very expensive business in this many hon. Members wish to speak, but I will give way if country, and we would be certain of failure. It would be the hon. Gentleman promises to be swift. a nugatory exercise. I worry about creating more stateless people, which is Mr Ward: Does the hon. Gentleman agree that this is effectively the intention of the Home Secretary’s proposal. one of the worst examples of the tail wagging dog we I can see an argument for making someone stateless have ever seen? We all agree that the tail is unpleasant, when they are abroad—we can say that a person who but that does not mean we need to do terrible things to has done something appalling, perhaps in another country, the rest of the animal. is longer welcome in this country and remove their citizenship—but I have a much greater problem with making someone stateless when they are in this country. Chris Bryant: I fear that that often happens in passing What would we do? We make them stateless and deprive legislation. I have never known so many manuscript them of citizenship, but then what? Do we banish them? amendments as there have been this year. In the previous Do we pronounce exile? Does the Speaker demand that 13 years maybe two were accepted and we have had six they leave the country? Do we march them to the or seven this year. I just do not think it is a good way of airport if they refuse to go themselves? In any case, doing business. where will they go? What country will take them? That The hon. Member for Esher and Walton (Mr Raab) is my problem with the proposals being advanced. is not in his place, which is a shame. I respect a lot of the There is a mediaeval element in the Bill and it will not issues he raised. There is an imbalance in the way the help us one jot. law relating to article 8 is presently constructed. Ultimately, the absolute core and rock on which our personal Mike Gapes (Ilford South) (Lab/Co-op): I have been freedoms in this country are based is the rule of law. thinking about the question of where we might send Because of habeas corpus nobody can be arbitrarily people. Michael Howard, a previous Home Secretary, arrested. The law will determine, not party politics or a tried to send people to other parts of the world and vote in the House of Commons. To those who regularly President Obama sent Uighurs from Guantanamo to trot out the argument that the House of Commons Bermuda. Perhaps we could consider sending people to must always have its way, I say, yes, but there are also some of the British overseas territories. St Helena comes the courts. to mind. The rule of law, through the courts, argument and Chris Bryant: I do not know whether my hon. Friend precedent developed over time, is a vital part of ensuring is angling for a visit to St Helena. our ongoing freedom. That is not just about UK national law, but international law. I have a profound respect for My point to the Home Secretary is this: hon. Members the European convention on human rights. I thought know that there is an issue to be addressed and a the Home Secretary referred earlier to the Attorney-General legitimate question to ask, but this is not the way to having given the advice that the amendment was advance legislation. The Government are introducing a incompatible. I do not mind which lawyer it was and I significant change to the law on British citizenship at am not urging her to publish it or anything like that— this late stage—on Report—and tabled the measure the I take her at her word. If she believes that it is incompatible day before the debate. If anybody wants to amend it, with the European convention on human rights, I cannot they must table manuscript amendments. If we are vote for the amendment and do not want to see it going going down this route, it is important at least to have forward from this House as part of the Bill. Why on the safeguards the Opposition have tabled, but I wish earth would we want to do something that the Attorney- we were doing this in a different way. General, or whoever was masking for him to provide Yasmin Qureshi: On sending people away, if we take that advice, had said is incompatible? Every other lawyer someone’s citizenship away and they are taken to the I have spoken to, or that we on this side of the House airport, where do we send them? They need travel have spoken to, has given exactly the same advice. documents. If they do not have them, no country will The hon. Member for Esher and Walton suggested take them. The Government’s measures are completely that there are balancing issues and questions on whether impractical. there would be section 39 complaints or not. That is not my issue. All we have to do is look at the amendment, Chris Bryant: That is my problem. Sometimes legislation compare it with the European convention on human seems like a good idea but ends up being completely rights and see that the one does not match the other. and utterly impracticable and making little difference. I That may be an inconvenient fact, but it would be illegal suspect that that is the problem we will face with the under our present treaty obligations. I do not want this Bill. country to renege on the European convention on human I know the Government are not seeking to do this, rights. We were right to bring it forward. David Maxwell but my memory of countries that regularly took people’s Fyfe, who later became a Conservative Home Secretary—a citizenship off them in the 20th century is not a good nasty Home Secretary, I think—effectively drafted it one. It is a list of fascist countries. That is why I get very and we should abide by it. We would be utter fools and 1091 Immigration Bill30 JANUARY 2014 Immigration Bill 1092 disloyal to our treaty obligations if we were to support England, but I was born in Pakistan. We are both the amendment from the hon. Member for Esher and British nationals, but if she was to commit murder, Walton. which I am sure she is not going to, she could not be deported, whereas if I did, I could be. Is that fair? Mr Dodds: On a point of order, Madam Deputy Speaker. Can you give guidance to the House on whether Mr Brazier: That question runs across several different there is any prospect of the next group of amendments, issues. I was making the same point that the right hon. including those on European immigration and access to Member for Leicester East (Keith Vaz), the Chairman services, being discussed, debated and voted on today? of the Home Affairs Select Committee, made, which Madam Deputy Speaker (Mrs Eleanor Laing): The was about people who take up arms abroad. Whether right hon. Gentleman is aware that that is not a point of they were born in this country or not, there is a long order. The way in which the debate progresses is up to tradition of stripping citizenship from people who commit the Members present in the Chamber and how long such offences. On the issue of murder, if somebody they speak for, as long as they speak in order. I will holds British citizenship, I would not allow the Executive allow them to speak as long as they speak to the point a specific power in that area. I hope that answers the in question and as long as they are in order. If hon. hon. Lady’s question. Members wish to speak for a very long time and deprive I strongly support new clause 15. We have heard their colleagues of the opportunity to speak likewise, about the various cases, including one from the right that is up to them. The right hon. Gentleman knows as hon. Member for Blackburn, and we have gone around well as I do that some Members of this House have a the buoy of these three centres of power—the British tendency to keep the floor when they have it. Parliament, the British courts and the ECHR. I strongly support the view of Lord Judge, the outstanding retiring Mr Julian Brazier (Canterbury) (Con): I shall be Lord Chief Justice, that Parliament needs to make it mindful of your remarks, Madam Deputy Speaker. clear which, ultimately, is the supreme court for British I intend to follow the comments on the rule of law law. Is it the UK Supreme Court, as he suggests it made by the hon. Member for Rhondda (Chris Bryant) should be, or are we going to concede that the final in a moment, but may I first say that a number of word lies in Strasbourg? I firmly believe that the final Members have used the opportunity of the Report word should stay in this country. stage to attack the principles behind the Bill? This is an The point that my hon. Friend the Member for Esher excellent Bill that addresses very real public concerns. I and Walton made, which was repeated by a number of understand and share the concern that the amendments other people—including my hon. Friend the Member on deprivation of citizenship were tabled at the very last for North East Somerset (Jacob Rees-Mogg)—is that moment. Nevertheless, we must address the crisis of while his proposal is almost certainly incompatible with hundreds—some responsible sources suggest it might recent rulings of the European Court of Human Rights, extend to thousands—of young men going abroad to be that cannot mean that it is illegal. This is a sovereign trained in terrorist activities. There is a tradition, which Parliament. We can pass the measure and the courts can goes back to the dawn of time, of countries depriving try cases under it. If we make it clear, as I believe we people of citizenship where they engage in actively should, that the Supreme Court in this country should hostile military acts. Clearly, the wording needs tightening be the supreme court, we do not have a problem. It is by up, but it would require considerable discretion by the pursuing cases such as this that we can finally sort out Executive—albeit exercised within a narrow definition whether or not, as some Members on both sides claim, of “hostile acts”—because it might not be possible to it is possible to sort out these issues and still accept the put some of the material before a court. ultimate sovereignty of Strasbourg. We believe that we Mostly, I want to address new clause 15, tabled by my have to sort it out by, as Lord Judge argued, stating that hon. Friend the Member for Esher and Walton (Mr Raab). Parliament is ultimately a sovereign body and that the Time is short and others want to speak, so I will not Supreme Court in this country is indeed the British produce any more of the heartrending cases, some of supreme court. Only by having a measure like this can which he touched on. I noticed, looking around, that we sort that out. Members in all parts of the House found some of those cases intensely difficult to listen to. The characteristically thoughtful speech by the right hon. Member for Blackburn Sir Richard Shepherd (Aldridge-Brownhills) (Con): I (Mr Straw) touched on another such case—one that I am very grateful to my hon. Friend, who mentioned our have heard him mention in the House before. colleague the hon. Member for Esher and Walton. But our course has been different historically. In the Somerset 3.15 pm case in the second half of the 18th century, a slave had escaped and arrived in London and with the help of, I This debate goes to the heart of two theoretical think, the Quakers, made an appearance in front of the questions, one of which we have spent quite a bit of courts. It was held that within our jurisdiction in this time on, the other of which we have not touched on at country he was entitled to the protection of the law. all. The first concerns the relationship between this Somerset was given habeas corpus although he was not House and the British courts—all the way up previously a citizen of this country and merely a slave who was to the House of Lords, but now to the Supreme Court—and passing through this country. That was our tradition, the European Court of Human Rights. The second you know. concerns judicial activism. Yasmin Qureshi: On the point about removing people’s Mr Brazier: That was indeed our tradition. It has of citizenship, my hon. Friend the Member for Hackney course been suspended many times, including for six North and Stoke Newington (Ms Abbott) was born in years during the second world war when German citizens 1093 Immigration Bill30 JANUARY 2014 Immigration Bill 1094

[Mr Brazier] anyone give a single example of Britain’s having benefited from some individual’s loss of British citizenship, and I were locked up. There was a divided ruling in the House think that it behoves the Home Office, and possibly the of Lords, as my hon. Friend will be well aware, on one Foreign Office, to find out whether there actually have such German citizen who brought a habeas corpus case. been any such benefits, because there are certainly My point is this: only by putting a measure through disbenefits. Harm is done, or can be done, when someone can we see whether or not it is possible to sort out this loses British citizenship, and I do not mean that harm is kind of scandalous situation while still allowing Strasbourg done to the person who loses his citizenship. I mean to be the supreme court. Can we test it? That is the only that harm is done to other people—to the rest of us. way. Personally I think we should do what Lord Judge In my constituency, a young Somali—I do not know recommends; we should pass an Act making it clear whether he is a terrorist or not a terrorist—went to that the European Court of Human rights should not Somalia, got married and had children. He was going be our supreme court and that it is only there for to come back to this country, for what purpose I know persuasive purposes and that, ultimately, the Supreme not, but when he went to Djibouti he was arrested. Court in Britain is our supreme court and that Parliament After his arrest, when he was being handed over to is sovereign. some Americans, he said “You cannot do that: I am a I want to touch for a couple of minutes on a subject British citizen.” He was then told “You are not any that has not been discussed at all and is extremely more, because the Home Secretary has taken your relevant to my hon. Friend’s amendment, which is judicial citizenship away.” He ended up being kidnapped by the activism. The legislation that followed the Human Rights Americans, and is now facing a court in New York. If Act gave huge powers of discretion to judges; in fact he has done something that merits his going before a one of the most interesting comments coming out of court in New York and he has never previously been to the Court of Appeal ruling on 8 October 2013 was its America, he could presumably have been prosecuted comment in passing that the reference to exceptional here for the same offence. circumstances in the rules—to which I objected when it went through—was consistent with the proportionality Mark Lazarowicz (Edinburgh North and Leith) (Lab/ balancing exercise required by Strasbourg jurisprudence. Co-op): Under the current proposals, the person whose In other words, basically it did not affect judicial discretion passport was removed would not necessarily appear in a at all. court anywhere. The proposed measure gives the Secretary of State a very broad power when she considers it The fact is that individual judges—who have accepted conducive to the public good to deprive someone of a so little guidance from Parliament or resolutions of the passport because his or her conduct is House of Commons in this matter—have, basically off their own backs, acted in extreme cases involving people “seriously prejudicial to the vital interests” guilty of the most revolting crimes and allowed an of the United Kingdom. No actual crime is specified article 8 ruling to overrule that. That has happened even anywhere. Everyone has been talking about terrorists or when the family connection here was pretty tenuous; in other criminals, but the problem is that the proposed one case, the family connection was desperate to disassociate power is so broad. itself from the individual. That is a measure of the extent to which we are suffering from judicial activism Frank Dobson: I entirely agree. That is why I am among at least one portion of the judiciary. I want to doubtful about the capacity to take away people’s British see the constitutional side of this fixed and I want my citizenship. hon. Friend’s amendment to be passed. I shall vote for There is a substantial Somali community in my it. I also believe that we will need to pass a measure to constituency. Needless to say, it includes quite a few make it clear that the supreme court in this country is testosterone-exuding young men who are very upset the British Supreme Court. But I suspect that we will about what is happening in Somalia, and who are still have a residual problem with the issue of judicial dubious about what the British Government are or are activism. not doing. However, a much bigger group of young Let me end my speech by reminding the House of men, and young women, have been working tremendously perhaps the most famous case of judicial activism within hard in trying to combat the extremist elements, such as a common-law jurisdiction in modern history, the Dred people preaching hatred. Indeed, they have been very Scott case of 1865. I remind those who talk about the successful in doing so, and the Prime Minister himself rule of law that had President Lincoln not stood up to has commended their effort and commitment. For instance, the Supreme Court in America—had he not said “I was they have massively improved the performance of Somali elected as President on this mandate: to prevent the young people in schools. One of the things that they spread of slavery into new states”, and brushed away were able to say when countering the arguments of the the court’s finding—there would have been no civil war extremists who were trying to lead local young people between 1861 and 1865, and there would have been no astray was, “Always remember that you are a British end to slavery in America at that stage. I think that most citizen now: you are British, not Somali.” people believe that what happened was right. 3.30 pm Frank Dobson: I shall try to be very brief. Since Mahdi Hashi lost his citizenship and was kidnapped The Home Secretary’s proposal to extend her powers by the Americans, the response of the extremists has in respect of the removal of British citizenship from a been, “Oh yeah? You’re not really a British citizen. limited and specific group of people must be assessed You’re only a British citizen on sufferance and the against the judgment that it is in the national interest or Home Secretary can take your citizenship away.” That for the public good. I have to say that I have never heard has been very damaging to the people we are trying to 1095 Immigration Bill30 JANUARY 2014 Immigration Bill 1096 encourage and has set back their efforts not just in my further and suggest that rule 39 would apply and that constituency, but in many other parts of the country injunctive relief would be available. Let us imagine the where Somalis live. consequences of that. If rule 39 injunctive relief were I do not understand what benefits flow to Britain successfully obtained, that would gum up the works not from taking away someone’s citizenship. Those benefits just for one deportation but for thousands in the years have never been specified by anybody. In the case of to come. Mahdi Hashi, a large number of harms have been done, not just to him and his family—I do not know what Dr Huppert: The hon. Gentleman always stands up citizenship his child now has—but to the rest of us who for the rule of law, and I entirely agree with him that the are trying to counter extremism. new clause would not be legal. Will he therefore join us in opposing it? Mr Robert Buckland (South Swindon) (Con): In welcoming the underlying principles of the Bill, I think Mr Buckland: I think that the new clause is capable of that it is important to remind the House that deportation achieving perfection, perhaps in the other place. As it is not a punishment in the legal sense. When somebody stands, however, it does not work in terms of what commits a criminal offence and is convicted, the punishment it sets out to do. I am going to consider my position is the sentence. Deportation is a function of the Home before deciding whether to abstain or to oppose it Office and the UK Border Agency in exercising their today. powers in relation to nationality and the status of I have looked carefully at the exceptions set out in individuals within the country. It is important that we section 33 of the UK Borders Act 2007, and at the make that distinction, artificial though it may seem, to discretion that the Home Secretary is given under the ensure that we have a deeper understanding of what legislation. That discretion is based on a series of factual deportation should be about. I make no apology for the events such as the existence of hospital orders or other fact that if people commit serious offences, consequences Mental Health Act dispositions. The exception proposed flow from that. When the offence is serious enough, the in new clause 11 gives a subjective discretion that does consequences should include deportation. not sit well with the wording of the UK Borders Act. I welcome the UK Borders Act 2007, which was Once we opened the door to that kind of subjective introduced by the previous Government. That Act changed discretion, what would be the difference between what the function of the criminal courts in the regime. Previously, the new clause hopes to achieve and the wording of the a Crown court judge had to consider whether the continuing Bill in relation to the discretion that is to be given to the presence of an individual in the country was to the courts? In a nutshell, the Bill’s existing provisions, as country’s detriment and make a recommendation on amended, already do the job of dealing with serious deportation. That was a cumbersome regime that did offending and of making a proper distinction between not lead to the results that the public wanted. Sensibly, offences for which sentences of more than four years’ the 2007 Act brought in the rule that deportation will be imprisonment are imposed, and those for which under automatic for those who are sentenced to terms of four years are imposed. There is a clear logic to the imprisonment of longer than 12 months. provisions, and the new clause is therefore unnecessary. I support the clauses of the Bill that amend the 2007 It would create the risk of upsetting the entire apple Act to bring primary legislation into line with the cart when it comes to the important work of deporting immigration rules of 2012, which in my opinion have serious criminals from our country. significantly reduced the margin of discretion that is open to judges, although it is possible to challenge the John McDonnell (Hayes and Harlington) (Lab): rules themselves, as we have seen. I think that those Mr Deputy Speaker, you have rightly asked us to curtail clauses will answer many of the legitimate questions our speeches and I shall try to complete mine in four that our constituents pose to us on the effectiveness of minutes, but I am seething with anger. The Bill affects the deportation regime. many of my constituents, and this is the only time for Let us not forget that, however many laws we pass Back-Bench MPs to introduce or speak to amendments and however much the debate rages over immigration on Report. I am being denied that opportunity because law, the enforcement of that law is the most important most of my amendments will not be reached today. thing in the eyes of the public. If the British public I will speak to only one amendment in the group, believe that our immigration system works, that wrongdoers amendment 79, which deals with the restriction of bail are no longer in the country and that the deportation for detainees. I have 1,000 detainees in my constituency, system is effective, faith will be restored. We cannot get at the Harmondsworth and Colnbrook detention centres. away from that essential fact. The Bill will deny many of them the right to apply for Of course, we are here to talk about legislation, so I bail in the 14 days before their removal. I deal with will discuss new clause 15 and amendment 62, which detainees in my office almost every working day of my were tabled by my hon. Friend the Member for Esher life. Large numbers of them are parents and, in those and Walton (Mr Raab). I know that he has taken great last 14 days, they want to get bail so that they can see care in considering these issues and we have discussed their children. Others need bail because they are sick or them face-to-face many times. It is in a spirit of genuine suffering from a mental illness. The Bill will deny them concern that he has tabled new clause 15. However, that opportunity, on the approval of the Secretary of there are serious questions that we have to ask about it. State. With respect to him, I think that he is error when he The Bill will also mean that a person will be unable to suggests that the compatibility of the new clause with apply for bail if they have already applied 28 days the convention would not be challenged. I think that it beforehand. That means that there could be new set would be subject to such challenge, and I would go directions under the first rule, and a rolling programme 1097 Immigration Bill30 JANUARY 2014 Immigration Bill 1098

[John McDonnell] Mr Cox: I intend to address new clause 15. It is an iron and inescapable consequence of new clause 15 that could mean that people never have the opportunity to it would put this House and the Government in complete apply for bail. Some might think that spending 28 days breach of their obligations under the European convention in a detention centre before someone can apply for bail on human rights. My hon. Friend the Member for is not that significant. I suggest that they visit a detention Esher and Walton (Mr Raab) has not sought to deny centre. I also suggest that they read the report on visits that, but seeks to suggest that whatever this House to the Harmondsworth detention centre during 2013. It passes it would, none the less, be lawful as a question of sets out the number of people whom doctors had domestic law—of course, in that respect he is right. The determined were mentally ill, had ill health effects from question is whether we should knowingly legislate in their past experiences or had been subjected to torture. direct and conscious breach of our international law Of the 125 being held under rule 35, only 12 were obligations. In my judgment that is not consistent with released. the dignity of this House. The right way to approach an I also ask hon. Members to read the report on mental international obligation with which we have a legitimate health in detention centres that was published in January dispute is to take an axe to the root cause of the this year by Medical Justice. It states: problem, and not continually to worry away like a dog gnawing at its own tail in frustration at the problem. “There is a crisis of mental health in detention, as demonstrated The root of the problem lies in our adherence to the by the many Court cases…Evidence and experience shows that convention, and we cannot seek to avoid it or to play mental illness is the greatest health issue for detainees. The fast and loose with it in the way that new clause 15 does. safeguards to prevent the detention of those with serious mental illness are not working. The rate of mental illness is already high In considering their votes in relation to new clause 15, I in those who are subject to detention, in part due to the stresses in urge my hon. Friends to ask themselves whether it is their life journey to that time. Detention serves to increase that consistent with the dignity of this House to legislate mental illness and distress”. consciously and knowingly in contravention of obligations that we have solemnly undertaken. The reasons for that distress are clear. When someone is detained, they may be told that they cannot appeal for If I thought that my hon. Friend’s clause would 28 days, then they may lose that appeal and bail as well. practically have a benefit that I could measure and see There then follows another 28 days, and so on. The as rational and logical and likely to achieve the cause detainee never knows when they will be released. That is that he and I both support, which is a radical revision of why detention impacts on people’s mental health. our relationship with the convention, then I might indeed, even then, consider supporting it, but it will not The report from the chief inspector of prisons came work. It is doomed to fail, as inevitably it will when it out earlier this month. It explains what is happening in reaches the Strasbourg Court. We cannot exclude from detention centres. There is an increase in the number of the operation of the entire convention, with the exception self-harm incidents. A significant number of detainees of two articles, the actions of the Secretary of State, are refusing to accept food. In Harmondsworth, we who is a public authority. Nothing could be more now have regular hunger strikes. The place has been clearly in direct contravention of our obligations than burned down twice as a result of detainees’ anger at to say that she may act in violation of a human right. Of being detained. The report said: course, the courts in this country will declare it to be “Disturbingly, a lack of intelligent individual risk assessment incompatible and the courts in Strasbourg, armed with has meant that most detainees were handcuffed on escort… and that declaration of incompatibility, will unquestionably on at least two occasions, elderly, vulnerable and incapacitated also declare it to be incompatible and in breach of our detainees, one of whom was terminally ill, were handcuffed in an obligations. unacceptable manner”. What is the answer? The answer is that devised by my These men were so ill that right hon. Friend the Secretary of State: a careful, “one man died shortly after his handcuffs were removed and the measured, balanced set of provisions that might just— other, an 84-year-old man, died while still in restraints.” although I have my reservations even about them—escape the scrutiny of the European Court of Human Rights. Those were In doing so, they would achieve the end that each and “shocking cases where a sense of humanity was lost.” every one of my colleagues on the Conservative Benches That is what Her Majesty’s inspector of prisons said wishes to see achieved, which is that these criminals are four weeks ago. sent home rather than finding a ready resort in the Court of Strasbourg as they would under the new It is unacceptable to detain people on such a scale. clause proposed by my hon. Friend the Member for Harmondsworth has gone from a row of Nissen huts Esher and Walton, under which the statute would be where no more than 30 people were detained to effectively struck down and the individual cases would eventually two prisons with 1,000 detainees. To deny people the have to be reviewed by the domestic courts. right to bail in the way in which the Bill proposes takes My hon. Friend’s cause is noble and valiant, but away hope, and increases the pressure and mental stress doomed, and I urge my hon. Friends, while approving and the number of mental illnesses. At the same time, it the motivation behind his new clause, to vote against it. brings about this level of abuse and inhumanity. I urge Members to be careful. This Bill will increase harm and 3.45 pm be counter- productive. It will deny justice to the most vulnerable people in our society. It is unnecessary. All Keith Vaz: It is a pleasure to follow the hon. and learned people want is the right for their case to be heard in the Member for Torridge and West Devon (Mr Cox). I feel normal manner, as we would all expect it to be. They are as though I am in the middle of an application for crying out for justice. judicial review rather than discussing the politics of this 1099 Immigration Bill30 JANUARY 2014 Immigration Bill 1100 country. I take a different view from him. When I came Dr Huppert: It is a pleasure as ever to follow the into the Chamber, I would have supported what he said. Chair of the Select Committee. I welcome the comments However, I was very impressed by the speech made by of the Home Secretary on my amendment 74 on ending the hon. Member for Esher and Walton (Mr Raab) and child detention. The Government were right to do it a I will support new clause 15 if he moves it. It is few years ago and they are now absolutely right to write compatible with what the Select Committee on Home it into legislation. It was profoundly wrong that under Affairs has been saying for a number of years. We hold the previous Government thousands upon thousands the Government to account every three months on the of children were detained purely for immigration number of foreign prisoners that they manage to remove purposes—7,075 children in five years, and not just for from this country and every month they produce figures a day or so but in one case as long as 190 days. That was for the Committee. If the new clause is a way of ensuring a disgrace to this country and I am delighted that the that that happens on a more regular basis, I will certainly Government ended it and have made sure that, whatever support it. the next Government and the one after that, they will As far as new clause 18 is concerned, I was also not be able to reintroduce it. It was a great shame that impressed by the speech made by the hon. Member for the Labour Front-Bench team refused to be as pleased Brent Central (Sarah Teather), who has just as big an as I was that this had been written into law, and I look immigration case load as I have. The Home Secretary is forward to the legislation in the Lords reflecting right: previous Home Secretaries have sought to remove Government policy. That is excellent. citizenship as a way of punishing those who have broken I listened carefully to what the Home Secretary said our laws. Jacqui Smith certainly sought to do that in the on statelessness. I thank her for coming to talk to me al-Jedda case. She lost when it went before the courts, and many of my colleagues about it; we had many and I understand that it is still before the courts as there questions. I have a lot of sympathy with the problem is an appeal. In that case, the court determined that that she faces. There are instances in which citizenship there was a hope that taking away British citizenship should be taken away, and one is where fraud has taken would mean that al-Jedda would be able to get Iraqi place. I have no problem with someone who has acquired citizenship. The Secretary of State told the House today British citizenship by fraud not being allowed to keep it. that she will take away citizenship, leaving people stateless That is easy. There are then issues about dual nationals— without a way out of the country—[Interruption.] She again, that is an easier case—and mono nationals who did not tell the House how she would get a stateless are in the UK. I share the concerns of the right hon. person to leave the country. They would require a Member for Leicester East (Keith Vaz) any many others passport from another country or a travelling document about the problems of taking citizenship away from and neither are on offer when citizenship has been someone who is in this country. The Home Secretary taken away. hopes that they will be able to acquire citizenship of I am very impressed by how the Home Secretary another country, and in some cases that may be possible, delivers her speeches and statements in the House, but I in which case they would not be stateless, but we cannot thought there was a slight reluctance today to put her be sure. case. Yes, she spoke for an hour and a half and took a lot of interventions but I am concerned that the measure It seems to me that the country that may be able to has not been thought through. If there was a way out give someone citizenship may be less keen to do so and we knew how a stateless person would leave the when we have just ruled that they are a danger to this country, I would certainly support her proposals in new country. They would be far more reluctant in that clause 18, but this is a work in progress. There is no final situation. We would certainly be much less keen to determination on it. grant citizenship to someone who had just been deprived of citizenship of another country. There is then the I put to the Secretary of State the one case about question of what happens to that person. The Home which the Committee was concerned when she gave Office advice about people who are stateless is that they evidence to us on 16 December—that is, the case of can have two and a half years leave to remain and can Mohammed Ahmed Mohamed. He did not want to then apply for a further two and a half years, after come back to the United Kingdom; he wanted to stay in which they get indefinite leave to remain. Are we saying Somaliland. In evidence to the Committee, both the that we will grant people indefinite leave to remain Secretary of State and Charles Farr said that there was while they cannot leave the country? Do we really want an obligation to bring him back to the United Kingdom. people who are so dangerous, who have been involved He was subject to a terrorism prevention and investigation in such awful gang behaviour, to be trapped inside this measure, but he then put on his famous burqa and is country? I find that deeply alarming. now somewhere in the country. My point is as follows. I understand that the proposal I do not like the idea of creating two-tier citizenship. would affect people in and outside the country and I So while I respect what the Home Secretary is trying know that it would affect only very few people. I take to do, I will not support the new clause; I will vote the Home Secretary at her word, but if this measure was against it. passed today would it have affected the Mohammed Ahmed Mohamed case? Would he have been left in I will not talk in great detail about the other amendments Somaliland, stateless? Would there have been no obligation, that I and my hon. Friend the Member for Brent therefore, to bring him back? I will support the hon. Central (Sarah Teather) tabled about the interests of Member for Brent Central in opposing new clause 18. I children except to say that it is odd that, in a time of hope that by the time it gets to the other place there will austerity when we are trying to save money, we still be a plan that will finally determine what will happen to spend a huge amount detaining people for a long time people who become stateless. who will not be able to get out of the country in the end. 1101 Immigration Bill30 JANUARY 2014 Immigration Bill 1102

[Dr Huppert] that directions for removal within 14 days are somehow sufficient grounds to assume that bail should not be It is costing us millions and millions of pounds and it granted. On any common-sense analysis, there are factors seems to me that this is a saving that the Home Office that bluntly challenge that assumption. Plenty of people should be keen to make. I hope that it will. suffering from psychological or physical illnesses, or In the last minutes remaining, let me turn to the new who have been bereaved or have caring responsibilities, clause tabled by the hon. Member for Esher and Walton should not be detained, but will not be able properly to (Mr Raab), who spoke, as ever, extremely well. I agree challenge that detention. with what the Home Secretary said about his new I support amendment 60, which would retain the clause. It is clear that it would be illegal and would status quo on the use of force, not least because there undermine what we are trying to achieve. She argued, are serious gaps in the training provided on the exercise and I see no reason to disagree, that it would weaken the of force, especially regarding the use of restraint techniques, deportation. My hon. Friend spoke eloquently about it, by immigration officers and contractors. That is just saying that it was phenomenal how far it ran against the one reason why it is completely unjustifiable that the interests of children. It is not something that I or that Government are extending the use of force without any Liberal Democrats can support. All of us will vote reference to the type of power exercised and the necessity against the proposal. We will stand up for the Government’s of that force, and without parliamentary scrutiny. original legislation on this issue whether or not other I get the sense that you would like me to conclude my Government Members do. I hope that hon. Members speech, Mr Deputy Speaker, so I shall oblige, but let me such as the hon. and learned Member for Torridge and simply say that the Bill is a miserable piece of legislation West Devon (Mr Cox) will persuade many of their and that I hope the House will take every opportunity colleagues to stand up for the Government on this issue to vote against it. and vote against the new clause. I hope that he will be joined by colleagues in the Labour party; I believe that Mrs May: With the leave of the House, I shall respond they have now finally settled their position. I look to some of the points that have been raised. I do not forward to the new clause being comfortably defeated. agree with the manuscript amendments to new clause 18 that were tabled by the right hon. Member for Delyn Caroline Lucas (Brighton, Pavilion) (Green) rose— (Mr Hanson). It is right for the Secretary of State, as someone who is democratically accountable, to take the Mr Deputy Speaker (Mr Lindsay Hoyle): For two initial decision, but I confirm that there will be a full minutes only, I call Caroline Lucas. right of appeal, so a judicial process will apply. I accept that the Opposition have concerns about the new clause, Caroline Lucas: Thank you, Mr Deputy Speaker. so I will be happy for the Minister for Immigration to We have heard thoughtful and powerful speeches sit down with the right hon. Gentleman and go through from hon. Members on both sides of the House, and I his concerns before the provision is considered by the want to link my views with those of the hon. Member other place. I hope that that will be of benefit to him for Brent Central (Sarah Teather), who made a compelling and that it brings him some comfort. and well-informed case about the cruel, counter-productive I stress again that I strongly support the intention and ill thought nature of the Bill. I also associate myself behind new clause 15, which was tabled by my hon. with the views of the hon. Member for Perth and North Friend the Member for Esher and Walton (Mr Raab). Perthshire (Pete Wishart), who spoke with his customary Everyone in the House wants to ensure that we can eloquence and reminded us that we should be under no deport more foreign criminals, but it is absolutely clear illusion that this miserable piece of legislation has very that the provision, as drafted, is incompatible with the little to do with national security, but everything to do European convention on human rights. Crucially, it with out-toughing UKIP. No one would argue that our would weaken at least two aspects of the Bill, given that immigration system does not need fixing or that it is not it does not deal with persistent offenders who have been blighted by inefficiency and error, yet rather than taking subject to sentences of less than 12 months. I am also positive steps to fix the problems, the Government have worried that it provides for an exception to apply when brought forward proposals that will drive standards a child has not lived in the country for a significant time down, not up. and does not have a relationship with their parent. Our All the amendments in the group that I support Bill requires that a child must be British, that they must would make the immigration system fairer and more have lived in the country for a particular period of time, accountable, such as amendment 1, which would delete and that there must be a genuine and subsisting relationship clause 11. It is important that we support that amendment with the child. Given its drafting, the new clause would because the latest figures reveal that 32% of deportation cause problems in the sort of cases that the right hon. decisions and 49% of entry-clearance applications were Member for Blackburn (Mr Straw) talked about. successfully appealed last year, yet the Government’s There are also concerns that the drafting of the new depressing response to that large margin of error is not clause would lead to a number of rule 39 cases. However, to try to improve the quality of decision making, but to I recognise that there are issues—the right hon. Gentleman reduce the opportunities for challenge by slashing the said this—with some of the language in the new clause, scope for appeal. which we can consider and come back to. As drafted, I Amendment 79 was tabled by the hon. Member for do not think that it is appropriate, but Conservative Hayes and Harlington (John McDonnell), who spoke Ministers will abstain from the vote. movingly about it, and co-signed by the hon. Member I said that I would mention rule 39, on which I for Islington North (Jeremy Corbyn). The basis of intervened earlier. The reasons why I am concerned that clause 3 is utterly flawed, given that it sets out the idea the amendment would lead to fewer deportations are: 1103 Immigration Bill30 JANUARY 2014 Immigration Bill 1104 first, because the language in the amendment in relation (a) the citizenship status results from the person’s to children would lead to significant litigation; and naturalisation, and secondly, because although article 8, under the current (b) the Secretary of State is satisfied that the deprivation is system, does not lead to rule 39 orders— conducive to the public good because the person, while having that citizenship status, has conducted him or herself in a manner which is seriously 4pm prejudicial to the vital interests of the United Debate interrupted (Programme Order,22 October 2013). Kingdom, any of the Islands, or any British overseas The Deputy Speaker put forthwith the Question already territory.” proposed from the Chair (Standing Order No. 83E), (2) In deciding whether to make an order under subsection (2) That the clause be read a Second time. of section 40 of the British Nationality Act 1981 in a case which falls within subsection (4A) of that Act, the Secretary of State Question agreed to. may take account of the manner in which a person conducted New clause 11 accordingly read a Second time, and him or herself before this section came into force.’. added to the Bill. Brought up. The Deputy Speaker then put forthwith the Questions necessary for the disposal of business to be concluded at Dr Huppert: On a point of order, Mr Deputy Speaker— that time (Standing Order No. 83E). Mr Deputy Speaker (Mr Lindsay Hoyle): Order. I am sorry, but both new clauses, which are Government new New Clause 12 clauses, go together. If the hon. Gentleman wishes to vote against, he has to vote against them together. POWER TO CHARGE FEES FOR ATTENDANCE SERVICES IN Question put (single Question on new clauses moved by PARTICULAR CASES a Minister of the Crown), That new clauses 12 and 18 be ‘(1) This section applies where a person exercises a function in added to the Bill.—(Mrs May.) connection with immigration or nationality in respect of which a fee is chargeable by virtue of a fees order (a “chargeable The House divided: Ayes 297, Noes 34. function”) in a particular case and— Division No. 198] [4.1 pm (a) in doing so attends at a place outside the United Kingdom, and time, agreed with a person (“the AYES client”), and Adams, Nigel Burrowes, Mr David (b) does so at the request of the client. Afriyie, Adam Burstow, rh Paul It is immaterial whether or not the client is a person in respect Aldous, Peter Burt, rh Alistair of whom the chargeable function is exercised. Amess, Mr David Burt, Lorely (2) In this section “attendance service” means the service Arbuthnot, rh Mr James Byles, Dan described in subsection (1) except so far as it consists of the Bacon, Mr Richard Cable, rh Vince exercise of a chargeable function. Baker, Norman Cairns, Alun (3) The following are to be disregarded in determining whether Baker, Steve Cameron, rh Mr David a fee is chargeable in respect of a function by virtue of a fees Baldry, rh Sir Tony Campbell, rh Sir Menzies order— Baldwin, Harriett Carmichael, Neil (a) any exception provided for by a fees order or fees Barclay, Stephen Chishti, Rehman regulations; Barker, rh Gregory Clegg, rh Mr Nick (b) any power so provided to waive or refund a fee. Baron, Mr John Clifton-Brown, Geoffrey Barwell, Gavin Coffey, Dr Thérèse (4) The person exercising the chargeable function may charge Bebb, Guto Collins, Damian the client such fee for the purposes of recovering the costs of Bellingham, Mr Henry Colvile, Oliver providing the attendance service as the person may determine. Benyon, Richard Cox, Mr Geoffrey (5) Fees paid to the Secretary of State by virtue of this section Beresford, Sir Paul Crabb, Stephen must be paid into the Consolidated Fund. Berry, Jake Crouch, Tracey (6) A fee payable by virtue of this section may be recovered as Bingham, Andrew Davey, rh Mr Edward a debt due to the Secretary of State. Birtwistle, Gordon Davies, David T. C. (7) This section is without prejudice to— Blackman, Bob (Monmouth) Boles, Nick Davies, Glyn (a) section 60; Bone, Mr Peter Davies, Philip (b) section 1 of the Consular Fees Act 1980 (fees for Bottomley, Sir Peter de Bois, Nick consular acts etc.); Bradley, Karen Dinenage, Caroline (c) section 102 of the Finance (No. 2) Act 1987 Brady, Mr Graham Djanogly, Mr Jonathan (government fees and charges), or Brake, rh Tom Dodds, rh Mr Nigel (d) any other power to charge a fee.’. Bray, Angie Dorrell, rh Mr Stephen Brazier, Mr Julian Dorries, Nadine New Clause 18 Bridgen, Andrew Doyle-Price, Jackie Brine, Steve Drax, Richard Brokenshire, James Duddridge, James DEPRIVATION OF CITIZENSHIP: CONDUCT SERIOUSLY Browne, Mr Jeremy Duncan, rh Mr Alan PREJUDICIAL TO VITAL INTERESTS OF THE UK Bruce, Fiona Duncan Smith, rh Mr Iain ‘(1) In section 40 of the British Nationality Act 1981 Bruce, rh Sir Malcolm Dunne, Mr Philip (deprivation of citizenship), after subsection (4) insert— Buckland, Mr Robert Ellis, Michael “(4A) But that does not prevent the Secretary of State from Burley, Mr Aidan Ellison, Jane making an order under subsection (2) to deprive a person of a Burns, Conor Ellwood, Mr Tobias citizenship status if— Burns, rh Mr Simon Elphicke, Charlie 1105 Immigration Bill30 JANUARY 2014 Immigration Bill 1106

Eustice, George Knight, rh Sir Greg Reckless, Mark Swayne, rh Mr Desmond Evans, Graham Kwarteng, Kwasi Redwood, rh Mr John Syms, Mr Robert Evans, Jonathan Lamb, Norman Rees-Mogg, Jacob Thurso, John Evennett, Mr David Lancaster, Mark Reid, Mr Alan Timpson, Mr Edward Fabricant, Michael Lansley, rh Mr Andrew Robathan, rh Mr Andrew Tomlinson, Justin Fallon, rh Michael Latham, Pauline Robertson, rh Hugh Tredinnick, David Farron, Tim Laws, rh Mr David Robertson, Mr Laurence Truss, Elizabeth Foster, rh Mr Don Leadsom, Andrea Rogerson, Dan Turner, Mr Andrew Fox,rhDrLiam Lee, Jessica Rosindell, Andrew Tyrie, Mr Andrew Francois, rh Mr Mark Lee, Dr Phillip Rudd, Amber Uppal, Paul Freeman, George Leslie, Charlotte Ruffley, Mr David Vaizey, Mr Edward Freer, Mike Letwin, rh Mr Oliver Russell, Sir Bob Vara, Mr Shailesh Fullbrook, Lorraine Lewis, Brandon Rutley, David Vickers, Martin Fuller, Richard Lidington, rh Mr David Sandys, Laura Villiers, rh Mrs Theresa Garnier, Mark Lilley, rh Mr Peter Scott, Mr Lee Walker, Mr Robin Gauke, Mr David Lloyd, Stephen Selous, Andrew Wallace, Mr Ben George, Andrew Lord, Jonathan Shapps, rh Grant Watkinson, Dame Angela Gibb, Mr Nick Loughton, Tim Sharma, Alok Weatherley, Mike Gillan, rh Mrs Cheryl Luff, Sir Peter Shelbrooke, Alec Webb, Steve Glen, John Lumley, Karen Shepherd, Sir Richard Wharton, James Goldsmith, Zac Macleod, Mary Simpson, Mr Keith Wheeler, Heather Goodwill, Mr Robert Maude, rh Mr Francis Skidmore, Chris White, Chris Gove, rh Michael May, rh Mrs Theresa Smith, Chloe Whittaker, Craig Graham, Richard Maynard, Paul Smith, Henry Whittingdale, Mr John Grant, Mrs Helen McCartney, Jason Smith, Julian Wiggin, Bill Gray, Mr James McIntosh, Miss Anne Smith, Sir Robert Willetts, rh Mr David Grayling, rh Chris McLoughlin, rh Mr Patrick Soames, rh Nicholas Williams, Mr Mark Green, rh Damian McPartland, Stephen Soubry, Anna Williamson, Gavin Greening, rh Justine Menzies, Mark Spelman, rh Mrs Caroline Willott, Jenny Grieve, rh Mr Dominic Metcalfe, Stephen Spencer, Mr Mark Wilson, Mr Rob Griffiths, Andrew Miller, rh Maria Stanley, rh Sir John Wright, Jeremy Gyimah, Mr Sam Mills, Nigel Stephenson, Andrew Wright, Simon Halfon, Robert Milton, Anne Stewart, Bob Yeo, Mr Tim Hammond, rh Mr Philip Moore, rh Michael Stewart, Iain Hammond, Stephen Mordaunt, Penny Stewart, Rory Young, rh Sir George Hancock, Matthew Morgan, Nicky Streeter, Mr Gary Zahawi, Nadhim Hands, Greg Morris, Anne Marie Stride, Mel Tellers for the Ayes: Harper, Mr Mark Morris, David Stuart, Mr Graham Mark Hunter and Harrington, Richard Morris, James Sturdy, Julian Claire Perry Harris, Rebecca Mosley, Stephen Harvey, Sir Nick Mowat, David NOES Haselhurst, rh Sir Alan Mundell, rh David Hayes, rh Mr John Munt, Tessa Abbott, Ms Diane Mudie, Mr George Heald, Oliver Murray, Sheryll Bailey, Mr Adrian Riordan, Mrs Linda Heath, Mr David Murrison, Dr Andrew Blomfield, Paul Robertson, Angus Hemming, John Newmark, Mr Brooks Crockart, Mike Skinner, Mr Dennis Henderson, Gordon Newton, Sarah Durkan, Mark Stuart, Ms Gisela Hendry, Charles Nokes, Caroline Edwards, Jonathan Sutcliffe, Mr Gerry Herbert, rh Nick Norman, Jesse Engel, Natascha Teather, Sarah Hinds, Damian Nuttall, Mr David Flynn, Paul Thornton, Mike Hoban, Mr Mark O’Brien, rh Mr Stephen Gapes, Mike Vaz, rh Keith Hollingbery, George Offord, Dr Matthew Hames, Duncan Ward, Mr David Hollobone, Mr Philip Ollerenshaw, Eric Hendrick, Mark Weir, Mr Mike Hopkins, Kris Opperman, Guy Hoey, Kate Whiteford, Dr Eilidh Jackson, Glenda Horwood, Martin Osborne, rh Mr George Williams, Hywel Leech, Mr John Howarth, Sir Gerald Ottaway, rh Sir Richard Wishart, Pete Llwyd, rh Mr Elfyn Howell, John Paisley, Ian Wood, Mike Hughes, rh Simon Parish, Neil Lucas, Caroline Hunt, rh Mr Jeremy Patel, Priti MacNeil, Mr Angus Brendan Tellers for the Noes: Hurd, Mr Nick Paterson, rh Mr Owen Mactaggart, Fiona Dr Julian Huppert and Jackson, Mr Stewart Pawsey, Mark McDonnell, John Jeremy Corbyn James, Margot Penning, Mike Javid, Sajid Penrose, John Question accordingly agreed to. Jenkin, Mr Bernard Percy, Andrew New clauses 12 and 18 added to the Bill. Johnson, Gareth Phillips, Stephen Johnson, Joseph Pickles, rh Mr Eric New Clause 15 Jones, Andrew Pincher, Christopher Jones, rh Mr David Poulter, Dr Daniel EXCEPTIONS TO AUTOMATIC DEPORTATION Jones, Mr Marcus Prisk, Mr Mark ‘(1) The UK Borders Act 2007 is amended as follows. Kawczynski, Daniel Pritchard, Mark (2) In section 33 (Exceptions), in subsection (2)(a), for Kelly, Chris Raab, Mr Dominic “Convention rights”, substitute “rights under Articles 2 or 3 of Kirby, Simon Randall, rh Sir John the Convention”. 1107 Immigration Bill30 JANUARY 2014 Immigration Bill 1108

(3) In section 33, after subsection (6A), insert— Vaz, rh Keith Wiggin, Bill “(6B) Exception 7 is where the Secretary of State thinks, Vickers, Martin Yeo, Mr Tim taking into account all the circumstances of the case Wheeler, Heather including the seriousness of the offence, that removal White, Chris Tellers for the Ayes: of the foreign criminal from the United Kingdom in Whittaker, Craig Mr Peter Bone and pursuance of a deportation order would cause such Whittingdale, Mr John Mr Philip Hollobone manifest and overwhelming harm to his children that it overrides the public interest in removal.”. NOES (4) In section 38 (Interpretation)— Abbott, Ms Diane Dobson, rh Frank (a) after subsection (3), insert— Abrahams, Debbie Docherty, Thomas “(3A) In section 32, “Convention rights” has the same Ainsworth, rh Mr Bob Donohoe, Mr Brian H. meaning as in the Human Rights Act 1998 (c. 42).”; Alexander, rh Mr Douglas Doran, Mr Frank (b) omit paragraph (4)(b); Alexander, Heidi Doughty, Stephen (c) after subsection (4) insert— Ali, Rushanara Doyle, Gemma “(4A) In section 33, “rights under Articles 2 or 3 of the Allen, Mr Graham Dugher, Michael Convention”means Articles 2 or 3 of “the Convention” Ashworth, Jonathan Durkan, Mark as defined in the Human Rights Act 1998 (c. 42).”.’.— Bailey, Mr Adrian Eagle, Ms Angela (Mr Raab.) Bain, Mr William Eagle, Maria Brought up. Baker, Norman Edwards, Jonathan Balls, rh Ed Efford, Clive Question put, That the clause be added to the Bill. Banks, Gordon Elliott, Julie The House divided: Ayes 97, Noes 241. Barron, rh Kevin Ellman, Mrs Louise Bayley, Hugh Farron, Tim Division No. 199] [4.13 pm Beckett, rh Margaret Fitzpatrick, Jim Begg, Dame Anne Flynn, Paul AYES Benn, rh Hilary Foster, rh Mr Don Afriyie, Adam Latham, Pauline Berger, Luciana Fovargue, Yvonne Aldous, Peter Lee, Dr Phillip Betts, Mr Clive Francis, Dr Hywel Amess, Mr David Leslie, Charlotte Birtwistle, Gordon Gapes, Mike Bacon, Mr Richard Lewis, Dr Julian Blenkinsop, Tom Gardiner, Barry Baker, Steve Lord, Jonathan Blomfield, Paul George, Andrew Barclay, Stephen Loughton, Tim Bottomley, Sir Peter Glass, Pat Baron, Mr John Lumley, Karen Bradshaw, rh Mr Ben Glindon, Mrs Mary Bellingham, Mr Henry Main, Mrs Anne Brake, rh Tom Goodman, Helen Bingham, Andrew Mann, John Brennan, Kevin Greatrex, Tom Blackman, Bob McCartney, Jason Brooke, Annette Greenwood, Lilian Blears, rh Hazel McDonagh, Siobhain Brown, Lyn Griffith, Nia Brady, Mr Graham McPartland, Stephen Brown, Mr Russell Gwynne, Andrew Bray, Angie Metcalfe, Stephen Browne, Mr Jeremy Hames, Duncan Brazier, Mr Julian Mills, Nigel Bruce, rh Sir Malcolm Hamilton, Mr David Bridgen, Andrew Morris, Anne Marie Bryant, Chris Hamilton, Fabian Bruce, Fiona Morris, David Buck, Ms Karen Hanson, rh Mr David Burns, Conor Mosley, Stephen Buckland, Mr Robert Harris, Mr Tom Byles, Dan Nokes, Caroline Burstow, rh Paul Harvey, Sir Nick Cash, Mr William Nuttall, Mr David Burt, Lorely Havard, Mr Dai Crouch, Tracey Offord, Dr Matthew Byrne, rh Mr Liam Heath, Mr David Davies, David T. C. Paisley, Ian Cable, rh Vince Hendrick, Mark (Monmouth) Pawsey, Mark Campbell, Mr Alan Hepburn, Mr Stephen Davies, Glyn Percy, Andrew Campbell, rh Sir Menzies Heyes, David Davies, Philip Phillips, Stephen Caton, Martin Hilling, Julie de Bois, Nick Pincher, Christopher Champion, Sarah Hodge, rh Margaret Djanogly, Mr Jonathan Pritchard, Mark Clarke, rh Mr Tom Hodgson, Mrs Sharon Dodds, rh Mr Nigel Raab, Mr Dominic Clegg, rh Mr Nick Horwood, Martin Dorries, Nadine Reckless, Mark Clwyd, rh Ann Howarth, rh Mr George Dowd, Jim Redwood, rh Mr John Cooper, rh Yvette Hughes, rh Simon Drax, Richard Rees-Mogg, Jacob Corbyn, Jeremy Hunt, Tristram Engel, Natascha Robertson, Mr Laurence Cox, Mr Geoffrey Huppert, Dr Julian Fuller, Richard Rosindell, Andrew Creagh, Mary Irranca-Davies, Huw Gillan, rh Mrs Cheryl Ruffley, Mr David Creasy, Stella Jackson, Glenda Goldsmith, Zac Shepherd, Sir Richard Crockart, Mike James, Mrs Siân C. Gray, Mr James Spencer, Mr Mark Cunningham, Alex Jamieson, Cathy Halfon, Robert Stanley, rh Sir John Cunningham, Mr Jim Jarvis, Dan Henderson, Gordon Stewart, Bob Cunningham, Sir Tony Johnson, rh Alan Herbert, rh Nick Streeter, Mr Gary Dakin, Nic Johnson, Diana Hoey, Kate Stringer, Graham Danczuk, Simon Jones, Helen Howarth, Sir Gerald Stuart, Ms Gisela Davey, rh Mr Edward Jones, Mr Kevan Jackson, Mr Stewart Stuart, Mr Graham David, Wayne Jones, Susan Elan Jenkin, Mr Bernard Syms, Mr Robert Davidson, Mr Ian Jowell, rh Dame Tessa Kelly, Chris Tredinnick, David De Piero, Gloria Kaufman, rh Sir Gerald Knight, rh Sir Greg Turner, Mr Andrew Denham, rh Mr John Kendall, Liz Kwarteng, Kwasi Twigg, Derek Dobbin, Jim Khan, rh Sadiq 1109 Immigration Bill30 JANUARY 2014 Immigration Bill 1110

Lamb, Norman Riordan, Mrs Linda Division No. 200] [4.26 pm Lammy, rh Mr David Robertson, Angus Lavery, Ian Robertson, John AYES Laws, rh Mr David Robinson, Mr Geoffrey Abbott, Ms Diane Glass, Pat Lazarowicz, Mark Rogerson, Dan Abrahams, Debbie Glindon, Mrs Mary Leech, Mr John Rotheram, Steve Ainsworth, rh Mr Bob Goodman, Helen Leslie, Chris Roy, Mr Frank Alexander, rh Mr Douglas Greatrex, Tom Lloyd, Stephen Roy, Lindsay Alexander, Heidi Greenwood, Lilian Llwyd, rh Mr Elfyn Ruane, Chris Ali, Rushanara Griffith, Nia Love, Mr Andrew Ruddock, rh Dame Joan Allen, Mr Graham Gwynne, Andrew Lucas, Caroline Russell, Sir Bob Ashworth, Jonathan Hamilton, Mr David Lucas, Ian Sanders, Mr Adrian Bailey, Mr Adrian Hanson, rh Mr David MacNeil, Mr Angus Brendan Sarwar, Anas Bain, Mr William Harris, Mr Tom Mactaggart, Fiona Sawford, Andy Balls, rh Ed Havard, Mr Dai Mahmood, Shabana Seabeck, Alison Banks, Gordon Hendrick, Mark Malhotra, Seema Sharma, Mr Virendra Barron, rh Kevin Hepburn, Mr Stephen Marsden, Mr Gordon Sheerman, Mr Barry Bayley, Hugh Heyes, David McCabe, Steve Shuker, Gavin Beckett, rh Margaret Hillier, Meg McCann, Mr Michael Skinner, Mr Dennis Begg, Dame Anne Hodge, rh Margaret McCarthy, Kerry Slaughter, Mr Andy Benn, rh Hilary Hodgson, Mrs Sharon McDonald, Andy Smith, rh Mr Andrew Berger, Luciana Hoey, Kate McDonnell, John Smith, Angela Betts, Mr Clive Howarth, rh Mr George McFadden, rh Mr Pat Smith, Nick Blomfield, Paul Hunt, Tristram McGovern, Jim Smith, Sir Robert Bradshaw, rh Mr Ben Irranca-Davies, Huw McGuire, rh Mrs Anne Spellar, rh Mr John Brennan, Kevin Jackson, Glenda McKechin, Ann Tami, Mark Brown, Lyn James, Mrs Siân C. McKenzie, Mr Iain Teather, Sarah Brown, rh Mr Nicholas Jamieson, Cathy McKinnell, Catherine Thomas, Mr Gareth Brown, Mr Russell Jarvis, Dan Meacher, rh Mr Michael Thornton, Mike Bryant, Chris Johnson, rh Alan Mearns, Ian Thurso, John Buck, Ms Karen Johnson, Diana Miliband, rh Edward Timms, rh Stephen Byrne, rh Mr Liam Jones, Helen Mitchell, Austin Trickett, Jon Campbell, Mr Alan Jones, Mr Kevan Moon, Mrs Madeleine Turner, Karl Caton, Martin Jones, Susan Elan Moore, rh Michael Twigg, Stephen Champion, Sarah Jowell, rh Dame Tessa Morden, Jessica Umunna, Mr Chuka Clarke, rh Mr Tom Kaufman, rh Sir Gerald Morrice, Graeme (Livingston) Vaz, Valerie Clwyd, rh Ann Kendall, Liz Morris, Grahame M. Walley, Joan Cooper, rh Yvette Khan, rh Sadiq (Easington) Ward, Mr David Corbyn, Jeremy Lammy, rh Mr David Mudie, Mr George Watson, Mr Tom Creagh, Mary Lavery, Ian Munn, Meg Watts, Mr Dave Creasy, Stella Lazarowicz, Mark Munt, Tessa Webb, Steve Cunningham, Alex Leech, Mr John Murphy, rh Mr Jim Weir, Mr Mike Cunningham, Mr Jim Leslie, Chris Murphy, rh Paul Whiteford, Dr Eilidh Cunningham, Sir Tony Llwyd, rh Mr Elfyn Murray, Ian Whitehead, Dr Alan Dakin, Nic Love, Mr Andrew O’Donnell, Fiona Williams, Hywel Danczuk, Simon Lucas, Caroline Onwurah, Chi Williams, Mr Mark David, Wayne Lucas, Ian Owen, Albert Williamson, Chris Davidson, Mr Ian MacNeil, Mr Angus Brendan Pearce, Teresa Wilson, Phil De Piero, Gloria Mactaggart, Fiona Phillips, Stephen Winterton, rh Ms Rosie Denham, rh Mr John Mahmood, Shabana Phillipson, Bridget Wishart, Pete Dobbin, Jim Malhotra, Seema Pound, Stephen Wood, Mike Dobson, rh Frank Pugh, John Mann, John Woodcock, John Docherty, Thomas Qureshi, Yasmin Marsden, Mr Gordon Woodward, rh Mr Shaun Donohoe, Mr Brian H. Raynsford, rh Mr Nick McCabe, Steve Wright, David Doran, Mr Frank Reed, Mr Jamie McCann, Mr Michael Wright, Mr Iain Doughty, Stephen Reed, Mr Steve McCarthy, Kerry Wright, Simon Dowd, Jim Reeves, Rachel McDonagh, Siobhain Doyle, Gemma Reid, Mr Alan Tellers for the Noes: McDonald, Andy Dugher, Michael Reynolds, Emma Jenny Willott and McDonnell, John Eagle, Ms Angela Reynolds, Jonathan Mark Hunter McFadden, rh Mr Pat Eagle, Maria McGovern, Jim Edwards, Jonathan McGuire, rh Mrs Anne Question accordingly negatived. Efford, Clive McKechin, Ann Elliott, Julie Ellman, Mrs Louise McKenzie, Mr Iain Clause 11 Engel, Natascha McKinnell, Catherine Fitzpatrick, Jim Meacher, rh Mr Michael RIGHT OF APPEAL TO FIRST-TIER TRIBUNAL Flello, Robert Mearns, Ian Amendment proposed, 1, page 8, line 19, leave out Flynn, Paul Miliband, rh Edward leave clause 11.—(Yvette Cooper.) Fovargue, Yvonne Mitchell, Austin Moon, Mrs Madeleine Question put, That the amendment be made. Francis, Dr Hywel Gapes, Mike Morden, Jessica The House divided: Ayes 210, Noes 301. Gardiner, Barry Morrice, Graeme (Livingston) 1111 Immigration Bill30 JANUARY 2014 Immigration Bill 1112

Morris, Grahame M. Spellar, rh Mr John Crouch, Tracey Hollingbery, George (Easington) Straw, rh Mr Jack Davey, rh Mr Edward Hollobone, Mr Philip Mudie, Mr George Stringer, Graham Davies, David T. C. Hopkins, Kris Munn, Meg Stuart, Ms Gisela (Monmouth) Horwood, Martin Murphy, rh Mr Jim Sutcliffe, Mr Gerry Davies, Glyn Howarth, Sir Gerald Murphy, rh Paul Tami, Mark Davies, Philip Howell, John Murray, Ian Teather, Sarah de Bois, Nick Hughes, rh Simon O’Donnell, Fiona Thomas, Mr Gareth Dinenage, Caroline Hunt, rh Mr Jeremy Onwurah, Chi Thornton, Mike Djanogly, Mr Jonathan Huppert, Dr Julian Owen, Albert Timms, rh Stephen Dorrell, rh Mr Stephen Hurd, Mr Nick Pearce, Teresa Trickett, Jon Dorries, Nadine James, Margot Phillipson, Bridget Turner, Karl Doyle-Price, Jackie Javid, Sajid Qureshi, Yasmin Twigg, Derek Drax, Richard Jenkin, Mr Bernard Raynsford, rh Mr Nick Twigg, Stephen Duddridge, James Johnson, Gareth Reed, Mr Jamie Umunna, Mr Chuka Duncan, rh Mr Alan Johnson, Joseph Reed, Mr Steve Vaz, rh Keith Duncan Smith, rh Mr Iain Jones, Andrew Reeves, Rachel Vaz, Valerie Dunne, Mr Philip Jones, rh Mr David Reynolds, Emma Walley, Joan Ellis, Michael Jones, Mr Marcus Reynolds, Jonathan Ward, Mr David Ellison, Jane Kawczynski, Daniel Riordan, Mrs Linda Watson, Mr Tom Ellwood, Mr Tobias Kelly, Chris Robertson, Angus Watts, Mr Dave Elphicke, Charlie Kirby, Simon Robertson, John Weir, Mr Mike Eustice, George Knight, rh Sir Greg Robinson, Mr Geoffrey Whiteford, Dr Eilidh Evans, Graham Kwarteng, Kwasi Rotheram, Steve Whitehead, Dr Alan Evans, Jonathan Lamb, Norman Roy, Mr Frank Williams, Hywel Evennett, Mr David Lancaster, Mark Roy, Lindsay Williamson, Chris Fabricant, Michael Lansley, rh Mr Andrew Ruane, Chris Wilson, Phil Fallon, rh Michael Latham, Pauline Ruddock, rh Dame Joan Winnick, Mr David Farron, Tim Laws, rh Mr David Sarwar, Anas Winterton, rh Ms Rosie Foster, rh Mr Don Leadsom, Andrea Sawford, Andy Wishart, Pete Fox,rhDrLiam Lee, Jessica Seabeck, Alison Wood, Mike Francois, rh Mr Mark Lee, Dr Phillip Sharma, Mr Virendra Woodcock, John Freeman, George Leslie, Charlotte Freer, Mike Letwin, rh Mr Oliver Sheerman, Mr Barry Woodward, rh Mr Shaun Shuker, Gavin Fullbrook, Lorraine Lewis, Brandon Wright, David Skinner, Mr Dennis Fuller, Richard Lewis, Dr Julian Wright, Mr Iain Slaughter, Mr Andy Garnier, Mark Lidington, rh Mr David Smith, rh Mr Andrew Tellers for the Ayes: Gauke, Mr David Lilley, rh Mr Peter Smith, Angela Tom Blenkinsop and George, Andrew Lloyd, Stephen Smith, Nick Julie Hilling Gibb, Mr Nick Lord, Jonathan Gillan, rh Mrs Cheryl Loughton, Tim NOES Glen, John Luff, Sir Peter Goldsmith, Zac Lumley, Karen Adams, Nigel Bridgen, Andrew Goodwill, Mr Robert Macleod, Mary Afriyie, Adam Brine, Steve Gove, rh Michael Main, Mrs Anne Aldous, Peter Brokenshire, James Graham, Richard Maude, rh Mr Francis Amess, Mr David Brooke, Annette Grant, Mrs Helen May, rh Mrs Theresa Arbuthnot, rh Mr James Browne, Mr Jeremy Gray, Mr James Maynard, Paul Bacon, Mr Richard Bruce, Fiona Grayling, rh Chris McCartney, Jason Baker, Norman Bruce, rh Sir Malcolm Green, rh Damian McIntosh, Miss Anne Baker, Steve Buckland, Mr Robert Greening, rh Justine McLoughlin, rh Mr Patrick Baldry, rh Sir Tony Burley, Mr Aidan Grieve, rh Mr Dominic McPartland, Stephen Baldwin, Harriett Burns, Conor Griffiths, Andrew Menzies, Mark Barclay, Stephen Burns, rh Mr Simon Halfon, Robert Metcalfe, Stephen Barker, rh Gregory Burrowes, Mr David Hames, Duncan Miller, rh Maria Baron, Mr John Burstow, rh Paul Hammond, rh Mr Philip Mills, Nigel Barwell, Gavin Burt, rh Alistair Hammond, Stephen Milton, Anne Bebb, Guto Burt, Lorely Hancock, Matthew Moore, rh Michael Bellingham, Mr Henry Byles, Dan Hands, Greg Mordaunt, Penny Benyon, Richard Cable, rh Vince Harper, Mr Mark Morgan, Nicky Beresford, Sir Paul Cairns, Alun Harrington, Richard Morris, Anne Marie Berry, Jake Cameron, rh Mr David Harris, Rebecca Morris, David Bingham, Andrew Campbell, rh Sir Menzies Harvey, Sir Nick Morris, James Birtwistle, Gordon Carmichael, Neil Haselhurst, rh Sir Alan Mosley, Stephen Blackman, Bob Cash, Mr William Hayes, rh Mr John Mowat, David Boles, Nick Chishti, Rehman Heald, Oliver Mundell, rh David Bone, Mr Peter Clifton-Brown, Geoffrey Heath, Mr David Munt, Tessa Bottomley, Sir Peter Coffey, Dr Thérèse Hemming, John Murray, Sheryll Bradley, Karen Collins, Damian Henderson, Gordon Murrison, Dr Andrew Brady, Mr Graham Colvile, Oliver Hendry, Charles Newmark, Mr Brooks Brake, rh Tom Cox, Mr Geoffrey Herbert, rh Nick Newton, Sarah Bray, Angie Crabb, Stephen Hinds, Damian Nokes, Caroline Brazier, Mr Julian Crockart, Mike Hoban, Mr Mark Norman, Jesse 1113 Immigration Bill30 JANUARY 2014 Immigration Bill 1114

Nuttall, Mr David Soubry, Anna Otherwise, the appeal must be brought from within the United O’Brien, rh Mr Stephen Spelman, rh Mrs Caroline Kingdom.’. Offord, Dr Matthew Spencer, Mr Mark Amendment 7, page 10, line 19, leave out from ‘appeal)’ Ollerenshaw, Eric Stanley, rh Sir John to end of line 33 and insert Opperman, Guy Stephenson, Andrew Osborne, rh Mr George Stewart, Bob ‘where the claim to which the appeal relates was made while Ottaway, rh Sir Richard Stewart, Iain the appellant was in the United Kingdom, the appeal must be Parish, Neil Stewart, Rory brought from outside the United Kingdom if— Patel, Priti Streeter, Mr Gary (a) the claim to which the appeal relates has been certified Paterson, rh Mr Owen Stride, Mel under section 94(1) or (7) (claim clearly unfounded or Pawsey, Mark Stuart, Mr Graham removal to safe third country) or section 94B Penning, Mike Sturdy, Julian (certification of human rights claims made by Penrose, John Swayne, rh Mr Desmond persons liable to deportation), or Percy, Andrew Syms, Mr Robert (b) paragraph 5(3)(b) or (4), 10(4), 15(4) or 19(c) of Perry, Claire Thurso, John Schedule 3 to the Asylum and Immigration Phillips, Stephen Timpson, Mr Edward (Treatment of Claimants, etc) Act 2004 (removal of Pickles, rh Mr Eric Tomlinson, Justin asylum seeker to safe third country) applies. Pincher, Christopher Tredinnick, David Otherwise, the appeal must be brought from within the United Poulter, Dr Daniel Truss, Elizabeth Kingdom. Prisk, Mr Mark Turner, Mr Andrew Pritchard, Mark Tyrie, Mr Andrew ( ) In the case of an appeal under section 82(1)(b) (human rights claim appeal) where the claim to which the appeal relates Pugh, John Uppal, Paul was made while the appellant was outside the United Kingdom, Raab, Mr Dominic Vaizey, Mr Edward the appeal must be brought from outside the United Randall, rh Sir John Vara, Mr Shailesh Kingdom.’.—(Mrs May.) Redwood, rh Mr John Vickers, Martin Rees-Mogg, Jacob Villiers, rh Mrs Theresa Reid, Mr Alan Walker, Mr Robin Robathan, rh Mr Andrew Wallace, Mr Ben Clause 38 Robertson, rh Hugh Watkinson, Dame Angela Robertson, Mr Laurence Weatherley, Mike APPEALS AGAINST PENALTY NOTICES Rogerson, Dan Webb, Steve Amendment made: 77, page 30, line 35, at end insert— Rosindell, Andrew Wharton, James Rudd, Amber Wheeler, Heather ‘() to provide for the prohibition in section35(1) not to Ruffley, Mr David White, Chris apply in the case of an account to be operated (or an Russell, Sir Bob Whittaker, Craig account that is operated) by or for a person or body Rutley, David Whittingdale, Mr John of a specified description. Sanders, Mr Adrian Wiggin, Bill ‘( ) An order under subsection (1) may amend a section so that Sandys, Laura Willetts, rh Mr David it provides for a matter to be specified in a further order to be Scott, Mr Lee Williams, Mr Mark made by the Treasury.’.—(Mrs May.) Selous, Andrew Williamson, Gavin Shapps, rh Grant Willott, Jenny Sharma, Alok Wilson, Mr Rob Clause 52 Shelbrooke, Alec Wright, Jeremy Shepherd, Sir Richard Wright, Simon REQUIREMENT AS TO GIVING NOTICE OF MARRIAGE OR Simpson, Mr Keith Yeo, Mr Tim Skidmore, Chris CIVIL PARTNERSHIP Young, rh Sir George Smith, Chloe Zahawi, Nadhim Amendments made: 23, page 42, line 22, leave out ‘(7)’ Smith, Henry and insert ‘(9)’. Smith, Julian Tellers for the Noes: Smith, Sir Robert Mark Hunter and Amendment 24, page 42, line 38, leave out subsection (6) Soames, rh Nicholas Mr Sam Gyimah and insert— ‘( ) For paragraph 1(1) substitute— Question accordingly negatived. 1 (1A) Part 3 of this Schedule applies if— (a) two people wish to register in Scotland as civil partners of each other, and Clause 12 (b) one of them is subject to immigration control. (1B) Part 4 of this Schedule applies if— PLACE FROM WHICH APPEAL MAY BE BROUGHT OR (a) two people wish to register in Northern Ireland as civil CONTINUED partners of each other, and Amendments made: 6, page 10, line 10, leave out from (b) one of them is subject to immigration control.”.’. ‘appeal)’ to end of line 17 and insert Amendment 25, page 42, line 41, leave out first ‘, the appeal must be brought from outside the United Kingdom ‘paragraph’ and insert ‘Part’. if— Amendment 26, page 42, line 42, at end insert— (a) the claim to which the appeal relates has been certified under section 94(1) or (7) (claim clearly unfounded or ‘(8) For paragraph 8 substitute— removal to safe third country), or 8 This Part of this Schedule applies as mentioned in paragraph 1(1A).”. (b) paragraph 5(3)(a), 10(3), 15(3) or 19(b) of Schedule 3 (9) For paragraph 12 substitute— to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (removal of asylum seeker 12 This Part of this Schedule applies as mentioned in paragraph to safe third country) applies. 1(1B).”.’.—(Mrs May.) 1115 Immigration Bill30 JANUARY 2014 Immigration Bill 1116

Clause 60 New Schedule 1

FEES ‘SHAM MARRIAGE AND CIVIL PARTNERSHIP: Amendments made: 45, page 46, line 37, leave out ADMINISTRATIVE REGULATIONS from beginning to ‘may’ in line 12 on page 47 and Introduction insert— 1 (1) This Schedule sets out the kinds of regulations which ‘(3) A fees order— may be made by the Secretary of State under section (Supplementary provision)(2). (a) must specify how the fee in respect of the exercise of (2) In this Schedule— each specified function is to be calculated, and “extension order” has the meaning given in section (b) ’. (Supplementary provision)(1); “proposed Scottish Amendment 46, page 47, line 14, at end insert— or Northern Ireland marriage or civil partnership” means a proposed marriage or civil partnership ‘(3A) For any specified fee, a fees order must provide for it to under the law of Scotland or Northern Ireland. comprise one or more amounts each of which is— Notices (a) a fixed amount, or 2 (1) The Secretary of State may make regulations which make (b) an amount calculated by reference to an hourly rate or provision about the giving of relevant notices. other factor. (2) Regulations under this paragraph may, in particular, (3B) Where a fees order provides for a fee (or part of a fee) to provide that a relevant notice given in accordance with the be a fixed amount, it— regulations is to be presumed to have been received by the person (a) must specify a maximum amount for the fee (or part), to whom it is given. and (3) In this paragraph “relevant notice” means— (b) may specify a minimum amount. (a) a notice, under any provision of the referral and (3C) Where a fees order provides for a fee (or part of a fee) to investigation scheme, which relates to a proposed be calculated as mentioned in subsection (3A)(b), it— Scottish or Northern Ireland marriage or civil partnership, and (a) must specify— (b) any other notice relating to the referral of a proposed (i) how the fee (or part) is to be calculated, and Scottish or Northern Ireland marriage or civil (ii) a maximum rate or other factor, and partnership to the Secretary of State for the purposes of the referral and investigation scheme, (b) may specify a minimum rate or other factor. (whether or not the notice falls to be given by virtue of (3D) For any specified fee, the following are to be set by the provision made by an extension order). Secretary of State by regulations (“fees regulations”)— Evidence (a) if the fee (or any part of it) is to be a fixed amount, 3 (1) The Secretary of State may make regulations about the that amount; supply of evidence in accordance with a relevant evidence (b) if the fee (or any part of it) is to be calculated as provision. mentioned in subsection (3A)(b), the hourly rate or (2) Regulations under this paragraph may, in particular, make other factor by reference to which it (or that part) is provision about— to be calculated.’ Amendment 47, page 47, line 15, leave out ‘The’ and (a) the kind of evidence which is to be supplied; insert ‘An’. (b) the form in which evidence is to be supplied; Amendment 48, page 47, line 15, leave out ‘in respect’ (c) the manner in which evidence is to be supplied; and insert (d) the period within which evidence is to be supplied; ‘for a fee in respect of the exercise’. (e) the supply of further evidence; Amendment 49, page 47, line 18, leave out ‘the function’ (f) the sufficiency of evidence supplied; and insert (g) the consequences of failing to supply sufficient evidence ‘that amount, or rate or other factor’. in accordance with the regulations (including provision to secure that, in such a case, a particular decision is Amendment 50, page 47, line 19, leave out ‘specified made or is to be treated as having been made); for the function’ and insert ‘so specified’. (h) the retention or copying of evidence supplied. Amendment 51, page 47, line 32, at end insert— (3) In this paragraph— This is subject to section 61(5).’. “evidence” includes a photograph or other image; Amendment 52, page 47, line 44, after ‘section’ insert “relevant evidence provision” means provision (whether ‘and sections 61 and (Power to charge fees for attendance services or not made by an extension order) about the in particular cases)’. supply of evidence in relation to a proposed Scottish Amendment 53, page 48, line 11, after ‘section’ insert or Northern Ireland marriage or civil partnership in a case where one or both of the parties is not a ‘or section (Power to charge fees for attendance services in particular relevant national. cases)’.—(Mrs May.) Change of address 4 (1) The Secretary of State may, by regulations, make Clause 64 provision about the giving to the Secretary of State of— (a) notice of a relevant person’s usual address, if the person’s notified usual address changes; ORDERS AND REGULATIONS (b) notice of a relevant person’s UK contact address, if the Amendment made: 27, page 49, line 34, at end insert person’s notified usual address is not in the United ‘or (Supplementary provision)(4)’.—(Mrs May.) Kingdom; 1117 Immigration Bill30 JANUARY 2014 Immigration Bill 1118

(c) notice of a relevant person’s UK contact address, if the “duty of referral” has the same meaning as in person’s notified UK contact address changes; paragraph 5; (d) evidence of any address notified in accordance with “waiting period”, in relation to a proposed Scottish or regulations under paragraph (a), (b) or (c). Northern Ireland marriage or civil partnership, (2) Regulations under this paragraph may, in particular, means a period during which it is not possible for make— the marriage to be solemnized or civil partnership (a) provision imposing a requirement on a person; to be formed (but which falls after notice of the proposed marriage or civil partnership has been (b) provision about the rejection of information or given for the purposes of enabling it to be solemnized evidence which there are reasonable grounds to or formed in due course).’.—(Mrs May.) suspect to be false. Brought up, and added to the Bill. (3) Regulations under sub-paragraph (1)(d) may, in particular, make any provision of the kind that may be made under paragraph 3(2). Schedule 3 (4) In this paragraph— “notified”, in relation to an address of a relevant person, means notified (whether to the Secretary EXCLUDED RESIDENTIAL TENANCY AGREEMENTS of State or another person) in connection with the Amendments made: 17, page 56, line 5, after ‘Part’ proposed Scottish or Northern Ireland marriage insert ‘1 or’. or civil partnership (including any such address notified in accordance with provision made by an Amendment 18, page 56, line 6, after ‘Ireland’ insert extension order or regulations made under this ‘— paragraph); (i) Chapter 4 of Part 2 of the Housing (Northern “relevant person” means a person who is a party to a Ireland) Order 1981 (S.I. 1981/156 (N.I. 3)), or proposed Scottish or Northern Ireland marriage (ii) ’. or civil partnership in a case where that person or the other party is not a relevant national (or both Amendment 19, page 56, leave out lines 11 to 21 and of them are not relevant nationals); insert— “UK contact address” means an address in the United 1A (1) This paragraph applies for the purposes of paragraph 1. Kingdom at which a person can be contacted by post. (2) An allocation of housing accommodation by a local housing authority in England to a person who is already— Referral 5 (1) The Secretary of State may make regulations requiring a (a) a secure or introductory tenant, or person to act in accordance with the regulations when complying (b) an assured tenant of housing accommodation held by with a duty of referral. a private registered provider of social housing or a (2) The regulations may, in particular, make provision about— registered social landlord, (a) the form, manner or timing of the referral; is to be treated as an allocation of housing accommodation by (b) information, photographs or evidence — or copies of virtue of Part 6 of the Housing Act 1996 (and accordingly any of those things — to be included with the section 159(4A) of that Act is to be ignored). referral. (3) An allocation of housing accommodation that falls within (3) The Secretary of State may make regulations requiring a a case specified in, or prescribed under, section 160 of the person who refers a proposed marriage or civil partnership in Housing Act 1996 (cases where provisions about allocation accordance with a duty of referral to give the parties to the under Part 6 of that Act do not apply) is to be treated as an proposed marriage information prescribed in the regulations allocation of housing accommodation by virtue of Part 6 of that about— Act (and accordingly that section is to be ignored). (a) the effects of the referral; (4) An allocation of housing accommodation by virtue of (b) any requirements under regulations under paragraph 4 Part 1 of the Housing (Scotland) Act 1987 is to be treated as to notify the Secretary of State of changes of provided by virtue of a relevant provision only if it is provided by address. a local authority within the meaning of that Act (or in pursuance of arrangements made under or for the purposes of that Part (4) In this paragraph— with a local authority). “duty of referral” means a duty (whether or not contained in provision made by an extension (5) Accommodation provided to a person in Northern Ireland order) to refer a proposed Scottish or Northern by a registered housing association is to be treated as provided to Ireland marriage or civil partnership to the the person by virtue of a relevant provision. Secretary of State for the purposes of the referral (6) Terms used in sub-paragraphs (2) and (3) have the same and investigation scheme; meanings as in Part 6 of the Housing Act 1996. “referral” means the referral of a proposed Scottish or (7) In sub-paragraph (5) “registered housing association” Northern Ireland marriage or civil partnership means a housing association, within the meaning of Part 2 of under a duty of referral. the Housing (Northern Ireland) Order 1992 (S.I. 1992/1725 Applications for shortening of waiting period (N.I. 15)), that is registered in the register of housing associations 6 (1) The Secretary of State may make regulations about the maintained under Article 14 of that Order.’. making, and granting, of applications for the shortening of a Amendment 20, page 57, line 22, after ‘hostel’ insert waiting period in cases where a proposed Scottish or Northern ‘or refuge’. Ireland marriage or civil partnership is referred to the Secretary of State in accordance with a duty of referral. Amendment 21, page 57, line 36, at end insert— (2) Regulations may be made under this paragraph— ‘( ) “Refuge” means a building which satisfies the second (a) whether the application falls to be made by virtue of condition in sub-paragraph (4) and is used wholly or mainly for provision made by an extension order or otherwise; providing accommodation to persons who have been subject to any incident, or pattern of incidents, of— (b) whether the application falls to be made to the Secretary of State or another person. (a) controlling, coercive or threatening behaviour, (3) In this paragraph— (b) physical violence, 1119 Immigration Bill30 JANUARY 2014 Immigration Bill 1120

(c) abuse of any other description (whether physical or (c) addresses, names and aliases of the kinds referred to in mental in nature), or paragraphs 3 to 5 in the relevant entry in section (d) threats of any such violence or abuse.’. 27E(6) (insofar as those paragraphs are applicable to Amendment 22, page 59, line 44, at end insert— the parties to the proposed marriage). ‘( ) “Building” includes a part of a building.’.—(Mrs May.) ‘(7) In this section— Schedule 4 “relevant entry in section 27E(6)” means the second REFERRAL OF PROPOSED MARRIAGES AND CIVIL column of the last entry in the table in section PARTNERSHIPS IN ENGLAND AND WALES 27E(6);’. Amendments made: 28, page 61, leave out line 9. Amendment 34, page 69, leave out lines 22 and 23. Amendment 29, page 61, leave out line 12. Amendment 30, page 61, line 22, at end insert— Amendment 35, page 70, line 33, after ‘application’ ‘( ) But this section does not apply if section 39A applies to the insert ‘to the applicant and’. proposed marriage.’. Amendment 36, page 72, line 34, at end insert— Amendment 31, page 61, line 33, leave out from beginning to end of line 15 on page 62 and insert— ‘One party resident in Scotland ‘(6) If the notice contains the statement referred to in the first column of an entry in this table, the notice must be accompanied In section 37 (one party resident in Scotland), in subsection by the information and photographs referred to in the second (1)(b), for the words from “with” to “Act” (in the first place) column of that entry (insofar as that entry is applicable to the insert “with section 27 and the other provisions of this Act”. parties to the proposed marriage)— Proof of certain matters not necessary to validity of marriages If the notice includes this In section 48 (proof of certain matters not necessary to validity statement...... the notice must be accompanied by... of marriages), in subsection (1)— Statement A For each party in respect of whom statement A (in respect of is made, details of the particular immigration (a) omit the word “or” at the end of paragraph (e) one or both status which that party has (inserted by paragraph 14(c) of Schedule 7 to the of the parties Marriage (Same Sex Couples) Act 2013); to the proposed (b) at the end of paragraph (ea) (inserted by that provision marriage) of the Marriage (Same Sex Couples) Act 2013) insert Statement B 1. For each party, a specified photograph of “or (in respect of that party 2. For each party in respect of whom one or both statement B is made, details of the relevant visa of the parties which that party has (eb) that, in the case of a marriage to which Schedule 3A to the applied, any of the events listed in paragraph 2(2) to proposed (6) of that Schedule occurred.”.’. marriage) Amendment 37, page 73, line 28, at end insert— Statement C 1. For each party, a specified photograph of (in respect of that party 2. For each party, the usual address ‘( ) But this section does not apply if Schedule 3 applies to the one or both of that party 3. For each party whose usual proposed civil partnership.’. of the parties address is outside the United Kingdom, an to the address in the United Kingdom at which that Amendment 38, page 74, leave out lines 1 to 25 and proposed party can be contacted by post 4. For each insert— marriage) party who has previously used any name or names other than the person’s name stated in ‘(6) If the notice contains the statement referred to in the first the notice in accordance with section 27(3), a column of an entry in this table, the notice must be accompanied statement of the other name or names 5. For by the information and photographs referred to in the second each party who currently uses, or has column of that entry (insofar as that entry is applicable to the previously used, an alias or aliases, a statement parties to the proposed civil partnership)— of the alias or aliases (6A) If the notice contains more than one of statements A, B If the notice and C, subsection (6) must be complied with in relation to each includes this of those statements; but where the notice contains statements B statement...... the notice must be accompanied by... and C, subsection (6) does not require the notice to be accompanied by more than one specified photograph of each Statement A For each party in respect of whom statement A party.’. (in respect of is made, details of the particular immigration one or both status which that party has Amendment 32, page 62, line 27, leave out sub-paragraph of the parties (8). to the Amendment 33, page 64, line 11, leave out from proposed civil beginning to ‘“specified’ in line 21 and insert— partnership) (a) photographs and addresses of the kinds referred to in Statement B 1. For each party, a specified photograph of paragraphs 1 and 2 in the relevant entry in section (in respect of that party 2. For each party in respect of 27E(6); one or both whom statement B is made, details of the of the parties relevant visa which that party has (b) as respects the usual address of each party that is to the provided in accordance with paragraph (a), specified proposed civil evidence that the address provided is that party’s partnership) usual address; and 1121 Immigration Bill30 JANUARY 2014 Immigration Bill 1122

Schedule 8 If the notice includes this statement...... the notice must be accompanied by... TRANSITIONAL AND CONSEQUENTIAL PROVISION

Statement C 1. For each party, a specified photograph of Amendments made: 8, page 100, line 6, at end insert— (in respect of that party 2. For each party, the usual address In Schedule 2 (administrative provisions as to control on entry one or both of that party 3. For each party whose usual etc), in paragraph 2A(9), for “(immigration and asylum of the parties address is outside the United Kingdom, an appeals)” substitute “(appeals in respect of protection and to the address in the United Kingdom at which that human rights claims)”. proposed civil party can be contacted by post 4. For each In Schedule 3 (supplementary provisions as to deportation), in partnership) party who has previously used any name or paragraph 3, for the words from “of the kind” to “order)” names other than the person’s name stated in substitute “that relates to a deportation order”.’. the notice of proposed civil partnership in accordance with regulations under section 8(2), Amendment 9, page 100, line 13, leave out paragraph 15 a statement of the other name or names 5. For and insert— each party who currently uses, or has The Immigration and Asylum Act 1999 is amended as follows. previously used, an alias or aliases, a statement of the alias or aliases Section 23 (monitoring refusals of entry clearance) is repealed. (1) Section 141 (fingerprinting) is amended as follows. (6A) If the notice contains more than one of statements A, B and C, subsection (6) must be complied with in relation to each (2) In subsection (7)— of those statements; but where the notice contains statements B (a) for paragraph (c) substitute— and C, subsection (6) does not require the notice to be “(c) any person (“C”) in respect of whom the Secretary of accompanied by more than one specified photograph of each State has decided— party.’. (i) to make a deportation order, or Amendment 39, page 74, line 37, leave out sub-paragraph (ii) that section 32(5) of the UK Borders Act 2007 (8). (automatic deportation of foreign criminals) applies; Amendment 40, page 76, line 7, leave out from beginning to ‘“specified’ in line 18 and insert— (ca) any person (“CA”) who requires leave to enter or remain in the United Kingdom but does not have (a) photographs and addresses of the kinds referred to in it;”; paragraphs 1 and 2 in the relevant entry in section (b) in paragraph (f), for the words from “paragraph (c)” to 8A(6); the end substitute “paragraph (c)(ii)”. (b) as respects the usual address of each party that is (3) In subsection (8), for paragraph (c) substitute— provided in accordance with paragraph (a), specified “(c) for C, when he is notified of the decision mentioned in evidence that the address provided is that party’s subsection (7)(c); usual address; and (ca) for CA, when he becomes a person to whom this (c) addresses, names and aliases of the kinds referred to in section applies;”. paragraphs 3 to 5 in the relevant entry in section 8A(6) (insofar as those paragraphs are applicable to (4) In subsection (9)— the parties to the proposed civil partnership). (a) in paragraph (b), after “C” insert “, CA”; ‘(7) In this section— (b) in paragraph (c)(i) for “relevant immigration decision” substitute “decision mentioned in subsection (7)(c)”; “relevant entry in section 8A(6)” means the second column of the last entry in the table in section (c) after paragraph (c) insert— 8A(6);’. “(ca) for CA, when he no longer requires leave to enter or Amendment 41, page 78, line 34, at end insert— remain in the United Kingdom;”; (5) Omit subsection (16).’. ‘(a) the applicant,’. Amendment 10, page 103, line 1, at end insert— Amendment 42, page 80, line 24, leave out ‘proposed’ and insert ‘referred’. ( ) in the definition of “human rights claim”— (i) after “Kingdom” insert “or to refuse him entry into Amendment 43, page 84, line 6, at end insert— the United Kingdom”; ‘Proof of certain matters not necessary to validity of civil (ii) omit “as being incompatible with his Convention partnership rights”;’. In section 52 (proof of certain matters not necessary to validity Amendment 11, page 104, line 16, at end insert— of civil partnership), in subsection (1)— ‘Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (a) omit the word “or” at the end of paragraph (a); (c. 19) (b) at the end of paragraph (aa) insert “or (1) Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (removal of asylum seeker to safe third (ab) that, in the case of a civil partnership to which country) is amended as follows. Schedule 3A applied, any of the events listed in paragraph 2(2) to (6) of that Schedule occurred.”.’.— (2) In paragraph 1, at the end insert— (Mrs May.) “(3) Section 92 of the Nationality, Immigration and Asylum Act 2002 makes further provision about the place from which an appeal relating to an asylum or human rights claim may be brought or continued.” Schedule 5 (3) In paragraph 5— (a) omit sub-paragraph (2); INFORMATION (b) in sub-paragraph (3), for the words from “by virtue of” Amendment made: 44, page 85, line 41, leave out to “rights)” substitute “from within the United sub-paragraph (2).—(Mrs May.) Kingdom”; 1123 Immigration Bill30 JANUARY 2014 Immigration Bill 1124

(c) in sub-paragraph (4), for “by virtue of section 92(4)(a) steered it through the Committee stage: the Minister for of that Act” substitute “from within the United Immigration, my hon. Friend the Member for Forest of Kingdom”. Dean (Mr Harper), and the Minister for Crime Prevention, (4) In paragraph 10— my hon. Friend the Member for Lewes (Norman Baker). (a) omit sub-paragraph (2); Indeed, I am grateful for the hard work that was done (b) in sub-paragraph (3), for the words from “by virtue of” by all members of the Committee. to “rights)” substitute “from within the United Let me remind the House why the Bill is so necessary. Kingdom”; It will bring clarity, fairness and integrity to the immigration (c) in sub-paragraph (4), for “by virtue of section 92(4)(a) system, and will address long-standing problems that of that Act” substitute “from within the United have prevented the effective operation of immigration Kingdom”. controls. It will do that by ensuring that those who are (5) In paragraph 15— refused permission to stay are required to leave the (a) omit sub-paragraph (2); country, and know that they must do so; by streamlining (b) in sub-paragraph (3), for the words from “by virtue of” the appeals system to reduce the scope for playing the to “rights)” substitute “from within the United system; by ensuring that foreign criminals can be deported Kingdom”; first and appeal afterwards, unless there is a real risk of (c) in sub-paragraph (4), for “by virtue of section 92(4)(a) serious irreversible harm; and by ensuring that courts of that Act” substitute “from within the United must have regard to the will of Parliament when considering Kingdom”. article 8 in immigration cases. (6) In paragraph 19— The Bill will make it more difficult for illegal migrants (a) omit paragraph (a); to live in the United Kingdom by denying access to the (b) in paragraph (b), for the words from “by virtue of” to tools of everyday life. That will include giving landlords “rights)” substitute “from within the United Kingdom”; a duty to check the immigration status of tenants and imposing penalties on rogue landlords, and denying (c) in paragraph (c), for “by virtue of section 92(4)(a) of that Act” substitute “from within the United illegal migrants access to bank accounts and driving Kingdom”.’ licences. We will also strengthen the enforcement of Amendment 12, page 104, line 18, at end insert— penalties for employers of illegal workers. The Bill reinforces controls to counter sham marriages and sham ‘( ) In section 12(3) (new definition of human rights claims), in civil partnerships, conferring new powers and duties, paragraph (a) of the definition of “human rights claim”— and it will ensure that temporary legal migrants contribute (a) after “Kingdom” insert “or to refuse him entry into the to our national health service. United Kingdom”; (b) omit “as being incompatible with his Convention rights”.’. Ms Diane Abbott (Hackney North and Stoke Newington) Amendment 13, page 104, line 29, at end insert— (Lab): I accept the Home Secretary’s wish to clean up the system and discourage people from “playing” it—I ‘UK Borders Act 2007 (c. 30) deal with thousands of immigration cases every month—but In section 17 of the UK Borders Act 2007 (support for failed has she given no thought to the effect that her measures asylum-seekers), in subsection (2)— that are designed to crack down on illegal immigrants (a) in paragraph (a), omit “against an immigration could have on people who are British nationals, but decision”; appear as if they might be immigrants? (b) in paragraph (b), omit “against an immigration decision”.’. Mrs May: We have given a great deal of thought to Amendment 14, page 104, line 42, at end insert— the way in which our measures will operate. The changes ‘( ) In section 2B (appeal to SIAC against deprivation of that we propose will strengthen our ability to deal with citizenship), omit the words from “(and” to the end.’. those who are here illegally. We are, for example, Amendment 15, page 105, line 15, column 2, at strengthening our ability to enforce penalties for those beginning insert— who employ illegal workers. The system enabling employers to determine whether the workers whom they employ Section 15(2), (3) and (5). are here legally or not is in place, is well known and is running properly, and the same will apply in the other Amendment 16, page 105, line 27, at end insert— areas that we are discussing. Borders, Citizenship and Immigration Act 2009 Section 51(3). The Bill will also help to discharge the Government’s commitment to introduce exit checks on people leaving 54, page 109, line 1, leave out from beginning to end the UK in order to tackle overstaying and prevent of line 5.—(Mrs May.) people from fleeing British justice. Ordered, Let me now go into a little more detail, although not That paragraph 44 of Schedule 8 be transferred to line 11 on too much, because I know that others wish to speak. page 100.—[Mrs May.] The Bill substantially reforms the removals system, and Third Reading ensures that illegal migrants who have no right to be in the UK can be returned to their own countries more 4.39 pm quickly. We inherited a complex system involving multiple Mrs May: I beg to move, That the Bill be now read stages before an individual can be removed, allowing the Third time. numerous challenges to be issued during the process. We have had a considerable and lively discussion The Bill will ensure that we adopt a system whereby today. I thank all who have contributed to the Bill only one decision is made. Individuals will be informed during its various stages so far, particularly those who of that decision, and if the decision is that they can no 1125 Immigration Bill30 JANUARY 2014 Immigration Bill 1126

[Mrs May] routes where abuse was rife, strengthened the system of granting students permission to enter or stay in the UK, longer stay in the UK, immigration enforcement officials reformed the family visa system, and set an annual limit will be allowed to remove them if they do not leave of on the number of non-EU economic migrants who are their own accord. The Bill also reforms the system admitted to the UK. All those reforms are working well whereby illegal migrants held in detention centres are and are doing much to tackle the chaotic and dysfunctional allowed to apply for bail, and it gives immigration system that we inherited from the previous Government, officers stronger powers so that they can establish the but we need to go further. identity of illegal immigrants by checking fingerprints The Bill will build on our achievements. It will ensure and searching for passports. that immigration serves our economic interests and that The current appeals system is also very complex. our system commands the respect of the British public, There are 17 different immigration decisions that attract who need and deserve an immigration system that is rights of appeal, but the Bill will cut that number to fair, reasonable and measured. I commend the Bill to four, which I think will prevent abuse of the appeal the House. process. It will also ensure that appeals address only 4.46 pm fundamental rights. It will make it easier to deport foreign criminals by requiring individuals to appeal Yvette Cooper (Normanton, Pontefract and Castleford) from abroad after deportation, unless they face the (Lab): I, too, thank those who sat on the Committee prospect of serious harm. and all those who have contributed throughout the Bill’s passage. I thank Opposition Members who have Sarah Teather: I do not intend to make a speech, been involved, including my hon. Friend the Member because I know that others wish to speak, but an issue for Warrington North (Helen Jones) and especially my that has not been mentioned at all today is health. The right hon. Friend the Member for Delyn (Mr Hanson), organisation Doctors of the World, whose clinic I visited who has worked tirelessly in responding to the Government’s last week, is very worried about the Bill’s impact on proposals at the various stages. those who do not have residence status. Such people are The Immigration Bill has been a complete car crash often extremely vulnerable, and many have been trafficked. for the Home Secretary. She and the Prime Minister launched it as their flagship Bill. It was the pride and joy of their legislative programme, and yet they have Mrs May: The hon. Lady has raised a number of been hiding it away for months. It has been nowhere to concerns about aspects of the Bill, and has indicated be seen. They would not bring it back because they were her objection to it overall. A number of the changes so scared of their own Back Benchers. that we are making relate to migrants’ access to services, but I think that the issues to which she has just referred Pete Wishart: Will the right hon. Lady give way? are within the purview of the Department of Health, and are therefore not relevant to the Bill. Yvette Cooper: I am going to make some progress, because time is very tight. We are strengthening our ability to deal with cases in which it has not been possible to deport foreign criminals The Home Secretary has become terrified of her own because they have had recourse to an argument relating legislation. Even though Parliament has had hardly any to article 8. That is a qualified right under the European business, she has kept the Bill away from the House and convention, and we are now putting it into primary has then tried to rush it through in four hours today. We legislation. We expect the courts to respond appropriately. have had just four hours to debate a series of important amendments. On our proposals to tackle the impact of We will require migrants who will be here temporarily immigration on jobs and growth, and to take stronger to pay a surcharge so that they contribute to the NHS. I action on the minimum wage and agencies that exploit think that most hard-working people would agree that immigration, there has been no debate today. On the that is appropriate. We have improved our ability to proposals of Tory Back Benchers on Bulgaria and deal with sham marriages. Romania, there has been no debate today. On the The deprivation of citizenship is an important new workability of the housing proposals, there has been no power. As I indicated to the shadow Minister for debate today. On the fairness of the appeal proposals, Immigration, we are happy to discuss with him the full there has been no debate today. A series of amendments impact of that power. The Minister for Immigration has been tabled by Members from all parts of the will have those discussions with him. What we are doing House, but none of them has been debated today. meets our international obligations and will strengthen What have we had instead? The Home Secretary our ability to deal with those who wish to act in a way pulled out of her hat, at the last minute, a new power on that is seriously prejudicial to the UK. citizenship, with no consultation and no scrutiny, in a The Government are getting to grips with immigration. desperate attempt to distract her own party, but it Net migration is down by nearly a third since its peak in failed. She then stood up for an hour and a half—I have 2010. Net migration from outside the EU is down to to admire her resilience—to kill time, without even 140,000 and is at its lowest level since 1998. The reduction knowing what her position was on the key new clause, is being driven by cuts in the number of people coming which was tabled by the hon. Member for Esher and to this country. In 2013, there were nearly 100,000 fewer Walton (Mr Raab). people immigrating to the UK than in 2010. Mrs May: As the right hon. Lady was not here for the We are making good progress with our reforms. We whole debate on Report, perhaps I should enlighten her are transforming the immigration and border system. on what happened. Yes, I did speak for an hour and a We have abolished the UK Border Agency, established half, but I took a large number of interventions, including two new operational commands, tightened immigration many from Labour Members. 1127 Immigration Bill30 JANUARY 2014 Immigration Bill 1128

Yvette Cooper: The right hon. Lady did indeed take and it has led to an unacceptably rapidly growing a considerable number of interventions. However, she population. This Government have carried out sensible informed my office yesterday that she would not be reforms for work, study and family migration in the responding on Report, but only on Third Reading. She face of fierce lobbying from vested interests, and they decided at the last minute that she would come to the have done that with the wholehearted support of the House to respond to the amendments. Conservative party and the coalition. On that they I have a lot of sympathy with the hon. Member for should be congratulated. The Immigration Bill builds Esher and Walton, who tabled his new clause today. He on that good work. Whatever the right hon. Member is right to say that the Government are not doing for Normanton, Pontefract and Castleford (Yvette Cooper) enough to deport foreign criminals: the number being says, there is no doubt that it represents a big step deported has dropped by 13% during the past three forward and deals with major issues. years. The Home Secretary should be doing more, and Any well-functioning immigration system needs to we think that there are more things the Government tackle illegal immigration. Given the nature of the could do that would be legal and workable. That is the system, however, we simply do not know how many key. The problem today is that the Home Secretary and illegal immigrants are here. Let me give the House an Downing street have told us themselves that the hon. example. We issue more than 1.5 million visit visas each Gentleman’s new clause is illegal and could make it year, but we do not know how many of those people harder to deport foreign criminals, not easier. leave at the end of their visit. If just 1% overstay, that The Home Secretary told the House that she disagreed will mean that an additional 15,000 people remain here with the hon. Gentleman’s new clause, so how on earth illegally every year. could she simply sit on her hands and not take a view on With respect to accessing public services, the outstanding it when it came to the vote? How on earth could she tell business of the first importance relates to controlling the Prime Minister: access to the national health service. Although the Bill “I propose that the Government does not support this amendment is important and achieves a great deal, there remains the because it would be incompatible with the ECHR and counter- first-order business of dealing with that access. I would productive”, be pleased if the Government were to have another look and then—as Home Secretary, responsible for upholding at the question of whether people should gain access to law and order in Britain—just sit there, scared of her the NHS only on production of an identity card to own Back Benchers, and fail to vote against it? There is show that they were entitled to use the services. Having no precedent for Ministers simply abstaining in this said that, the Bill represents a welcome step and it will way. This is not a free vote, in which Members are able go a long way towards building a robust immigration to make their own decision. The Government simply system. I commend it to the House. thought that they would not take a view on the new clause, despite the Home Secretary having told the House that she was opposed to it. 4.54 pm The Home Secretary has lost control of her own Mrs Mary Glindon (North Tyneside) (Lab): I want to policy. She told the Prime Minister last year that the address an issue that has not been covered today—I had hon. Member for Esher and Walton’s proposal would hoped to address it when we discussed the new clauses “significantly undermine our ability to deport foreign criminals.” tabled by my party. It is the issue of migrant workers She also told him that, under the provision, she would who are legitimately in this country. A number of them be unable to deport 4,000 criminals a year and would were discovered at the former Swan Hunter site at have to release “significant numbers” on bail while Wallsend. They were living there in unsafe conditions. I she went through the necessary legal proceedings, yet pursued the issue and discovered that a local engineering she was too scared to vote against it. We know that she company had hired them through an employment agency opposed the new clause. If she had supported it, she in Romania. It was a legitimate situation, because, could have voted for it and got it through, but she did under the law, temporary workers are allowed to work not do so. She sat on her hands because she was scared. for a number of months in this country. However, what What kind of Home Secretary is that? What kind of I did unearth, via the UK Border Agency, was that Government is this? The Home Secretary needs to get some of those workers were on permanent contract. her act together. I inquired at the jobcentre whether the jobs, which The Bill will not sort out Britain’s immigration problems. the company maintained they could not fill with local There are some sensible measures in it, but there is an workers, could have been taken by welders. Everyone awful lot missing. Maybe the Home Secretary can get it knows that the north-east, especially an area such as sorted out in the Lords, but she should start acting in mine, is awash with people who have welding skills and the interests of this country, rather than simply in the who were employed in the former heavy industries. The interests of the Conservative party, which has scared jobcentre confirmed that there were in fact more than her away from making the right decision today. enough unemployed workers who could take the jobs. Not only were these east European workers living in 4.52 pm unsafe conditions, but they were probably being paid Nicholas Soames: I think that that was the worst less than the minimum wage and the going rate for that Third Reading speech I have ever heard from a shadow job. Home Secretary. To describe my right hon. Friend the Subsequently, the building in which the workers were Home Secretary as being afraid was truly incredible. living was brought up to scratch. After speaking to the I should like to start by putting the Bill in its proper employment agency in Romania about the workers on context. Under the last Government, the level of migration permanent contracts who should not have been here, was unprecedented and hugely unpopular with the public, the UK Border Agency allowed it to change the contracts 1129 Immigration Bill30 JANUARY 2014 Immigration Bill 1130

[Mrs Mary Glindon] Britain and are starving on the streets of our cities because we do not have a system in place to give them to temporary contracts. Although people in Wallsend proper support. The Bill does not answer any of those felt sorry for those workers who were living in such bad problems. It is based on prejudice and headline chasing conditions, they were upset that they were coming over and has nothing to do with the real needs of people who and being paid less for the work than skilled people in are desperately seeking support, help and assistance the area. I am sorry that we were not able to discuss rather than the cold behaviour shown by the Government those issues further or the new clauses proposed by today. those on the Labour Front Bench. 4.59 pm 4.57 pm Priti Patel (Witham) (Con): I pay tribute to the Dr Huppert: It has been an unusual debate. I am Home Secretary and my hon. Friend the Minister for pleased that we have avoided too many of the more Immigration for introducing the Bill and introducing worrying amendments that might have crept in. We important and positive measures to— have managed not to have proposals that would contravene the European convention on human rights. I was 5pm disappointed that Conservative Ministers were not prepared Debate interrupted (Programme Order, 22 October). to back their own Government legislation and the The Deputy Speaker put forthwith the Question already convention. I am proud that the Liberal Democrats proposed from the Chair (Standing Order No. 83E), stood up for Government policy in this area. That the Bill be now read the Third time. We did have a debate about citizenship deprivation. It is a great shame that the shadow Home Secretary and The House divided: Ayes 295, Noes 16. the vast majority of her colleagues simply sat on their Division No. 201] [5 pm hands on this important issue. I pay tribute to those Labour Members who rebelled with many of us to AYES oppose that. Adams, Nigel Cable, rh Vince It is a shame that we did not have chance to discuss Afriyie, Adam Cairns, Alun many other amendments. I wanted to explore further Aldous, Peter Cameron, rh Mr David issues to do with students, the NHS charges and asylum Amess, Mr David Campbell, rh Sir Menzies support and helping some of the most destitute in our Arbuthnot, rh Mr James Carmichael, Neil Bacon, Mr Richard Cash, Mr William country. It is a great shame that we did not manage to Baker, Norman Chishti, Rehman get there. Baker, Steve Clifton-Brown, Geoffrey I do not think that this Bill is the important thing Baldry, rh Sir Tony Coffey, Dr Thérèse about immigration. There is the rhetoric. The way that Baldwin, Harriett Collins, Damian both the Conservatives and Labour seem to be following Barclay, Stephen Colvile, Oliver the UK Independence party drive is incredibly damaging Barker, rh Gregory Cox, Mr Geoffrey in this country. We see that too much. That is not what Baron, Mr John Crabb, Stephen we should have: we should be proud of the benefits of Bebb, Guto Crockart, Mike immigration. The important point is the Home Office Bellingham, Mr Henry Crouch, Tracey and the Border Agency, as was, and their competence in Benyon, Richard Davey, rh Mr Edward Beresford, Sir Paul Davies, David T. C. making decisions promptly and correctly. The Minister Berry, Jake (Monmouth) has done some very good work on that but until it is Bingham, Andrew Davies, Glyn sorted the public will not have the assurance they need. Birtwistle, Gordon Davies, Philip We need our exit checks and we need decisions to be Blackman, Bob de Bois, Nick made promptly and fairly so that everybody knows Boles, Nick Dinenage, Caroline where they are. Bone, Mr Peter Djanogly, Mr Jonathan Bottomley, Sir Peter Dorrell, rh Mr Stephen 4.58 pm Bradley, Karen Dorries, Nadine Brady, Mr Graham Doyle-Price, Jackie Jeremy Corbyn: I will vote against the Bill on Third Brake, rh Tom Drax, Richard Reading for a large number of reasons. We have ordained Bray, Angie Duddridge, James that the Home Secretary will have executive power to Brazier, Mr Julian Duncan, rh Mr Alan take away citizenship in the future and to create a Bridgen, Andrew Duncan Smith, rh Mr Iain generation of stateless people. The handing over of that Brine, Steve Dunne, Mr Philip power is, I think, a very dangerous thing for any Parliament Brokenshire, James Ellis, Michael to do. Brooke, Annette Ellison, Jane Browne, Mr Jeremy Ellwood, Mr Tobias We have a number of other serious concerns about Bruce, Fiona Elphicke, Charlie the Bill, such as those covered in the points raised by my Bruce, rh Sir Malcolm Eustice, George hon. Friend the Member for Hayes and Harlington Buckland, Mr Robert Evans, Graham (John McDonnell) about the forced removal of people; Burley, Mr Aidan Evans, Jonathan the death of Jimmy Mubenga, which was mentioned by Burns, rh Mr Simon Evennett, Mr David the hon. Member for Brent Central (Sarah Teather); the Burrowes, Mr David Fabricant, Michael use of the detention system; the denial of health care Burstow, rh Paul Fallon, rh Michael access; the problems of forcing landlords to become Burt, rh Alistair Farron, Tim agents of the Home Office; and the reality of life for Burt, Lorely Foster, rh Mr Don those people who have legitimately sought asylum in Byles, Dan Fox,rhDrLiam 1131 Immigration Bill 30 JANUARY 2014 1132

Francois, rh Mr Mark Laws, rh Mr David Robathan, rh Mr Andrew Thurso, John Freeman, George Leadsom, Andrea Robertson, rh Hugh Timpson, Mr Edward Freer, Mike Lee, Jessica Robertson, Mr Laurence Tomlinson, Justin Fullbrook, Lorraine Lee, Dr Phillip Rogerson, Dan Truss, Elizabeth Fuller, Richard Leslie, Charlotte Rosindell, Andrew Turner, Mr Andrew Garnier, Mark Letwin, rh Mr Oliver Rudd, Amber Tyrie, Mr Andrew Gauke, Mr David Lewis, Brandon Ruffley, Mr David Uppal, Paul George, Andrew Lewis, Dr Julian Russell, Sir Bob Vaizey, Mr Edward Gibb, Mr Nick Lidington, rh Mr David Rutley, David Vara, Mr Shailesh Gillan, rh Mrs Cheryl Lilley, rh Mr Peter Sanders, Mr Adrian Vickers, Martin Glen, John Lloyd, Stephen Sandys, Laura Villiers, rh Mrs Theresa Goldsmith, Zac Lord, Jonathan Scott, Mr Lee Walker, Mr Robin Goodwill, Mr Robert Luff, Sir Peter Selous, Andrew Wallace, Mr Ben Gove, rh Michael Lumley, Karen Shapps, rh Grant Watkinson, Dame Angela Graham, Richard Macleod, Mary Sharma, Alok Weatherley, Mike Grant, Mrs Helen Main, Mrs Anne Shelbrooke, Alec Webb, Steve Gray, Mr James Maude, rh Mr Francis Simpson, Mr Keith Wharton, James Grayling, rh Chris May, rh Mrs Theresa Skidmore, Chris Wheeler, Heather Green, rh Damian Maynard, Paul Smith, Chloe White, Chris Greening, rh Justine McCartney, Jason Smith, Henry Whittaker, Craig Grieve, rh Mr Dominic McIntosh, Miss Anne Smith, Julian Whittingdale, Mr John Griffiths, Andrew McLoughlin, rh Mr Patrick Smith, Sir Robert Wiggin, Bill Gyimah, Mr Sam McPartland, Stephen Soames, rh Nicholas Willetts, rh Mr David Halfon, Robert Menzies, Mark Soubry, Anna Williams, Mr Mark Hames, Duncan Metcalfe, Stephen Spelman, rh Mrs Caroline Williamson, Gavin Hammond, rh Mr Philip Miller, rh Maria Spencer, Mr Mark Willott, Jenny Hammond, Stephen Milton, Anne Stanley, rh Sir John Wilson, Mr Rob Hancock, Matthew Moore, rh Michael Stephenson, Andrew Wright, Jeremy Hands, Greg Mordaunt, Penny Stewart, Bob Wright, Simon Harper, Mr Mark Morgan, Nicky Stewart, Iain Yeo, Mr Tim Harrington, Richard Morris, Anne Marie Stewart, Rory Young, rh Sir George Harris, Rebecca Morris, David Stride, Mel Zahawi, Nadhim Harvey, Sir Nick Morris, James Stuart, Mr Graham Haselhurst, rh Sir Alan Mosley, Stephen Sturdy, Julian Tellers for the Ayes: Hayes, rh Mr John Mowat, David Swayne, rh Mr Desmond Mark Hunter and Heald, Oliver Mundell, rh David Syms, Mr Robert Gavin Barwell Heath, Mr David Munt, Tessa Hemming, John Murray, Sheryll NOES Henderson, Gordon Murrison, Dr Andrew Hendry, Charles Newmark, Mr Brooks Abbott, Ms Diane Skinner, Mr Dennis Herbert, rh Nick Newton, Sarah Edwards, Jonathan Teather, Sarah Hinds, Damian Nokes, Caroline Lazarowicz, Mark Ward, Mr David Hoban, Mr Mark Norman, Jesse Leech, Mr John Weir, Mr Mike Hollingbery, George Nuttall, Mr David Llwyd, rh Mr Elfyn Whiteford, Dr Eilidh Hollobone, Mr Philip O’Brien, rh Mr Stephen Lucas, Caroline Wishart, Pete Hopkins, Kris Offord, Dr Matthew MacNeil, Mr Angus Brendan Horwood, Martin Opperman, Guy Mactaggart, Fiona Tellers for the Noes: Howarth, Sir Gerald Ottaway, rh Sir Richard McDonnell, John Jeremy Corbyn and Howell, John Paisley, Ian Robertson, Angus Hywel Williams Hughes, rh Simon Parish, Neil Hunt, rh Mr Jeremy Patel, Priti Question accordingly agreed to. Huppert, Dr Julian Paterson, rh Mr Owen Hurd, Mr Nick Pawsey, Mark Bill read the Third time and passed. Jackson, Mr Stewart Penning, Mike James, Margot Penrose, John Javid, Sajid Percy, Andrew Business without Debate Johnson, Gareth Perry, Claire Johnson, Joseph Phillips, Stephen Jones, Andrew Pickles, rh Mr Eric DELEGATED LEGISLATION Jones, rh Mr David Pincher, Christopher Motion made, and Question put forthwith (Standing Jones, Mr Marcus Poulter, Dr Daniel Order No. 118(6)), Kawczynski, Daniel Prisk, Mr Mark Kelly, Chris Pritchard, Mark RATING AND VALUATION Kirby, Simon Pugh, John That the Local Government Finance Act 1988 (Non-Domestic Knight, rh Sir Greg Raab, Mr Dominic Rating Multipliers) (England) Order 2014 (S.I., 2014, No. 2), Kwarteng, Kwasi Randall, rh Sir John dated 6 January 2014, a copy of which was laid before this House Lamb, Norman Reckless, Mark on 7 January, be approved.—(Mr Swayne.) Lancaster, Mark Redwood, rh Mr John Lansley, rh Mr Andrew Rees-Mogg, Jacob Question agreed to. Latham, Pauline Reid, Mr Alan 1133 30 JANUARY 2014 Funeral Expenses (Prisoners) 1134

Funeral Expenses (Prisoners) sentence. She was also advised by a social worker she had been engaging with that she would not have to bear Motion made, and Question proposed, That this House the funeral costs. That is the basis on which she proceeded. do now adjourn.—(Mr Swayne.) After my constituent’s cousin died and she had arranged the funeral, she contacted the Scottish Prison Service 5.11 pm and was told that it was a matter for the English Prison Tom Greatrex (Rutherglen and Hamilton West) (Lab/ Service. She contacted the English Prison Service but Co-op): I do not intend to detain the House for long, was told that it was a matter for the Scottish Prison but I am pleased to have the opportunity to raise an Service. At that point, just before the end of last year, I important and sensitive issue of which I have become became involved. As I am sure the Minister can appreciate, aware due to a case in my constituency. In dealing with those are sad circumstances, but there is also a degree of that case, it appears that I have stumbled on a gap, at confusion in the case. I sought, on behalf of my constituent, the very least, in how prisoners who are transferred to get some clarity on the matter. It was for that reason from England to Scotland are treated with regard to that I eventually sought this debate. funeral expenses. The process of trying to secure answers When I contacted the Scottish Ministers responsible from the Scottish and English authorities has been less for the Scottish Prison Service in early December, I was than satisfactory. I understand that the Minister’s told that they would pass the matter on to the Scottish responsibilities cover the English authorities, not the Prison Service and provide me with a response, for Scottish authorities, so I do not expect him to respond which I was still waiting. However, they told my office on behalf of the Scottish authorities, but I hope that he by phone that is was indeed a matter for the English can clarify some issues that are relevant to the English Prison Service because of the prisoner transfer. At that authorities, which was why I ensured that his private point I raised the matter in the House during business office was given a précis of the case before the debate. questions. I also corresponded with the Ministry of Before I outline the case, it is important that I point Justice, but my correspondence was automatically passed out that my concern is for my constituent, who is a on to the Scottish authorities without my having received cousin of the deceased prisoner. I make no judgment or a response. My sense is that this is being passed backwards comment about the prisoner’s offence or sentence because and forwards between authorities, which means I am they are immaterial to the points that I shall raise. unable to get a clear answer on where responsibility for My constituent, Mrs Margaret Coyle, had a cousin, the situation properly lies. It is for that reason that I James Campbell, who was convicted and given a custodial sought this debate. I hope that the Minister will be able sentence for an offence committed in England. He to provide some clarity. began his sentence in an English prison. Part of the way I would like to make two further points. First, the through his sentence, his elderly mother was close to way in which my constituent and I have been advised death, and following contact by my constituent, a restricted and passed between authorities in these circumstances transfer was arranged whereby the remainder of his is unacceptable. I realise that the matter is not completely sentence could be served in a Scottish prison—first in the responsibility of the Minister and his Department—it Kilmarnock prison and later in Greenock prison. The also involves the Scottish authorities—but something process was instigated by my constituent out of compassion should be done to ensure that in future similar cases are for her cousin’s elderly mother and a desire that they dealt with more appropriately and sensitively. should be in contact before the end of her life. Because Secondly, because my constituent was provided with my constituent was dealing with the process, she became advice and worked on that basis, she has now been left her cousin’s next of kin. responsible for a bill for funeral expenses of about Later, towards the end of his sentence, my constituent’s £2,000, which she cannot afford. The Government should cousin developed cancer and became seriously ill. At therefore show sensitivity and deal with this matter by the point my constituent contacted the Scottish Prison using their discretion to ensure that she is not left in her Service to seek guidance on whether her cousin could current situation. She is unable to pay a bill because of secure compassionate release. She was informed that the conflicting advice that she was given in good faith, although he was serving his sentence in Scotland, because after she sought to support a dying relative and showed he was on a restricted transfer he was effectively an her personal compassion by getting involved after the English prisoner and the matter should therefore be prisoner’s mother became seriously ill. taken up with the English authorities. She understood My first concern is that the appropriate authorities that and accepted it. have not dealt with the case well, and my second is for My constituent’s cousin died while still serving his my constituent who, in relation to her income and sentence. He had been provided with a handbook by the resources, faces a severe financial problem in dealing English Prison Service. Its section on funeral arrangements with the costs. Different conditions appear to apply in makes it clear that: English as opposed to Scottish prisons, but with the “Prisons must offer to pay a contribution towards reasonable transfer of my constituent’s relative between them, it funeral expenses of up to £3,000. The only exceptions where the almost feels as though he was an English prisoner while family has a pre-paid funeral plan or is entitled to claim a grant he lived but became a Scottish one when he died. from other government departments”. Passing such cases backwards and forwards between My constituent had discussed the matter with her cousin authorities is not acceptable or appropriate. I hope that prior to his death. It meant, they thought, she would be the Minister will clarify the situation and provide some entitled to call upon that support because he was an comfort to my constituent, who faces not only the English prisoner. She was well aware that she would be trauma that comes with the loss of a relative, whatever unable to afford the funeral expense and knew that her the circumstances and background, but a severe financial cousin was sadly likely to die before the end of his penalty as a result. 1135 Funeral Expenses (Prisoners)30 JANUARY 2014 Funeral Expenses (Prisoners) 1136

5.21 pm Prison Service does not make discretionary payments towards funeral expenses. That, of course, is a matter The Parliamentary Under-Secretary of State for Justice for the service, and the hon. Gentleman might wish to (Jeremy Wright): I congratulate the hon. Member for take it up with the Scottish Justice Minister. However, I Rutherglen and Hamilton West (Tom Greatrex) on understand that the deceased’s family may be able to securing this debate, and I thank him for giving my make an application in Scotland to the social fund for officials advance notice of the details of the case. help with funeral expenses. As the Minister responsible I first want to acknowledge that the death of a for prisons in England and Wales, I cannot comment relative in prison must be devastating for the families further on those arrangements or on whether a payment and friends of the deceased. Their loss must of course would or could be made to his constituents. be harder to bear given where the death occurred. I The hon. Gentleman rightly indicated that Mr Campbell particularly offer my regret to the hon. Gentleman and was convicted and sentenced in England and Wales and to his constituent for any additional distress caused in then transferred to Scotland on a restricted basis. It relation to the provision of financial assistance to help may help if I explain what that means in practice. The to meet the funeral costs. transfer of prisoners between United Kingdom jurisdictions The hon. Gentleman quite properly asks me to clarify is governed by schedule 1 to the Crime (Sentences) Act the position. Let me try to do so by setting out the 1997, which was intended to enable prisoners sentenced position in relation to funeral expenses as they apply in in one UK jurisdiction to transfer to another to serve England and Wales and, as far as I can, in Scotland. I their sentence close to their family and in the community also want to take this opportunity to express regret for into which they will be released. the way in which the case appears to have been handled. The Act provides for transfer on either an unrestricted It is unfortunate that his constituent has not been given or a restricted basis. When a prisoner is transferred on a clear information, so let me try to set that right by restricted basis, as in Mr Campbell’s case, responsibility giving it now. for their release, supervision and recall remains the The hon. Gentleman will be aware that although responsibility of the sentencing jurisdiction. However, convicted and sentenced in England, Mr Campbell had for all other purposes the prisoner is subject to the rules transferred to a prison in Scotland, and it was there that and regulations governing prisons and prisoners in the he died. He will know that prisons in Scotland are a receiving jurisdiction. That position was confirmed on matter for the Scottish Government, and I am not 28 October 1997 when the then Home Secretary, the therefore able to comment in detail on the support right hon. Member for Blackburn (Mr Straw), set out in available to families in Scotland, which is a matter for a written answer to a question from the right hon. the Scottish Justice Minister. Member for Salford and Eccles (Hazel Blears) how the The hon. Gentleman will know that if a prisoner dies new transfer arrangements would work. He said: in custody in England or Wales, the governor or director “A prisoner granted a restricted transfer will automatically of the prison in which the death occurs can offer a remain, for the duration of his or her transfer, subject to the law financial contribution to cover reasonable funeral expenses. governing release on licence, automatic release, post-release supervision It is reasonable and decent to do so in those circumstances, and recall applicable in the sending jurisdiction…A prisoner but the offer is not unlimited. A financial contribution transferred on a restricted basis will normally become subject for will be offered only if the deceased prisoner did not all purposes, other than those specified in any conditions attached to the transfer, to the statutory and other provisions applying to have a pre-paid funeral plan. Families may also be prisoners in the receiving jurisdiction.”—[Official Report, 28 October entitled to claim a grant from another Department, 1997; Vol. 299, c. 777.] such as the Department for Work and Pensions, or from Although Mr Campbell’s release arrangements remained a local authority. An offer of a contribution of up to subject to English law, he was for all other purposes a £3,000 may be made to the family, and if they accept it, Scottish prisoner. As such, any support to the deceased’s the money is paid directly to the funeral director they family, financial or otherwise, is a matter for the Scottish appoint and may be used to pay for any funeral director’s authorities. I hope that the hon. Gentleman will accept fees, a hearse, a simple coffin, and cremation or burial that and recognise that I am not trying to pass the buck. fees. It cannot to be used to pay for items such as a I understand that he has received differing advice on the headstone, transportation for mourners or a wake. issue from officials in England and Wales and in Scotland, As I have said, Mr Campbell died in a Scottish prison, but I can confirm that the position that I have described as the hon. Gentleman knows. Although Mr Campbell is accepted by both Prison Services. was convicted and sentenced in England and Wales, he I am satisfied that the family of the deceased in this had elected to transfer to Scotland to be close to his case do not qualify for financial assistance under the family and friends there, and he had been in a Scottish rules applicable in England and Wales. I know that the prison since 2002. I understand that the nature of his hon. Gentleman will wish to take the matter up with transfer may have caused confusion about who was the Scottish authorities and discuss it directly with responsible for assisting the family with the funeral them. expenses. Question put and agreed to. There should not have been any confusion in this case; that there was is a matter of regret. As the deceased died in the custody of the Scottish Prison Service, the 5.27 pm Scottish arrangements apply.I understand that the Scottish House adjourned.

331WH 30 JANUARY 2014 Early Childhood Development 332WH

Health estimates that the annual short-term costs alone Westminster Hall of emotional, conduct and hyperkinetic disorders among children aged five to 15 in the UK are £1.58 billion, and Thursday 30 January 2014 the annual long-term costs are £2.53 billion. The Institute of Health Visiting is delighted by the [MR MIKE WEIR in the Chair] Government’s commitment to significantly increasing Early Childhood Development the number of health visitors, and progress in training new health visitors is on target. However, in a recent [Relevant document: “The 1001 Critical Days: The survey by the institute, 87% of midwives said that their Importance of the Conception to Age Two Period”—a work loads had increased and that they were seeing the cross-party manifesto by Andrea Leadsom MP, Frank following worrying trends: 65% were seeing increased Field MP, Paul Burstow MP and Caroline Lucas MP.] child behaviour problems, 61% reported seeing an increase Motion made, and Question proposed, That the sitting in the prevalence of speech delay, 73% were seeing an be now adjourned.—(Mr Evennett.) increase in poverty that was having a bad influence on 1.30 pm families, 82.5% were seeing an increase in domestic violence and abuse and 70% reported an increase in the Andrea Leadsom (South Northamptonshire) (Con): I incidence of perinatal depression. Perinatal depression am delighted to have secured this debate, and I am includes antenatal depression—that is, before a woman grateful to the Backbench Business Committee for selecting has her baby—as well as the depression that can arise it. Mr Weir, did you know that 36% of all case reviews during birth as a result of a traumatic birth experience into deaths or serious abuse involve a baby under the and, of course, post-natal depression, which is the age of one, and that a quarter of all babies in the UK main subject that people talk about when they talk have a parent affected by domestic violence, mental about depression in the perinatal period, if they ever health or drug or alcohol problems? Furthermore, if talk about it. one asked most local authorities how much they spend on specialist parent and infant mental health services, Everyone would agree that prevention is better than the answer would be, “Nothing.” cure. Everyone, or pretty much everyone, would agree that many of our society’s greatest problems stem from I am proud of the fact that with three cross-party alcohol and substance abuse and mental illness. But too colleagues, I have launched the manifesto “The 1001 Critical few people realise that in a vast number of cases, those Days” to propose specific ways that the Government in our society who cause the most damage and cost the can better support the needs of new families. The most money have been permanently set up for disaster 1,001 critical days is the period of time from conception from their own infancy. The absence of a secure bond to the age of two. In our cross-party manifesto, the between baby and carer in the 1,001 critical days has right hon. Members for Birkenhead (Mr Field) and for profound lifelong consequences for the baby.I am convinced Sutton and Cheam (Paul Burstow), the hon. Member that once the strong link between experiences in the for Brighton, Pavilion (Caroline Lucas) and I seek to earliest years and whole-life outcomes becomes more recognise the overwhelming evidence now available that widely accepted, we will start to make huge progress in a secure early relationship between baby and key carer tackling society’s most intractable problems. is vital to the infant’s lifelong emotional and physical well-being. The efforts of 20th-century politics achieved great We are grateful for the strong interest that the manifesto strides in tackling the physical health of our nation. The has received from Ministers and shadow Ministers, challenge for our 21st-century generation must surely particularly the Under-Secretary of State for Health, be to secure sound mental health that will lead to a my hon. Friend the hon. Member for Central Suffolk stronger and happier society. Imagine how wonderful it and North Ipswich (Dr Poulter), and the hon. Members would be if we were to shut down prisons, not because for Manchester Central (Lucy Powell) and for Washington of overcrowding or poor conditions but because we did and Sunderland West (Mrs Hodgson). We have also not have enough criminals to fill them. Imagine if we been delighted by the amazing number and range of could close psychiatric hospitals due to a lack of need endorsements for our manifesto, from the chief medical for them. officer for England and Wales to UNICEF UK, the National Society for the Prevention of Cruelty to Children, Steve Brine (Winchester) (Con): I congratulate my the Centre for Social Justice, Barnardo’s, the Royal hon. Friend on this debate. I know that she is achieving College of Midwives, the Royal College of General quite a reputation in this area. The Select Committee on Practitioners and the Institute of Health Visiting. The Justice, of which I am a member, held an inquiry list goes on and on. recently into youth justice and the drivers of youth Mr Weir, you might be wondering what on earth is justice. As she will probably know, just 10% of children left to debate if the topic is such a love-in, but the truth and young people in the general population have a is that there is an enormous amount to be done if we are speech and language difficulty, but in the prison population to seize the opportunity to change our society radically the figure is somewhere between 60% and 65%. Does for the better. An NSPCC study shows that only 64% of she agree that delayed language development leads to NHS trusts have a perinatal mental health strategy. issues at school, exclusion from school and many of the Other recent research shows that 42% of GPs feel that problems that cost our society so heavily? they have very little knowledge about the specialist services available for severe mental illness. Nearly a Andrea Leadsom: My hon. Friend is absolutely right quarter—23%—of all maternity professionals say that that delayed speech is a key contributor to later problems they have received no education on maternal mental for the infant who does not reach the right level of health, and the Royal College of Paediatrics and Child speech capability in the first critical years. 333WH Early Childhood Development30 JANUARY 2014 Early Childhood Development 334WH

[Andrea Leadsom] certainly do, long nights spent walking up and down, hugging a baby, saying, “Go to sleep, go to sleep,” Think of walking through any big city in the UK desperate for sleep ourselves and determined to try one without seeing teenagers living rough in the streets. thing after another to sort the situation out. The baby Finally, imagine a society where the number of babies whose basic needs are met learns that the world is a and children being taken into care and removed from good place, and he or she will retain that sense as an their families was falling, instead of rising as it is at the instinct for life. That baby will be more emotionally moment. more robust than the baby who does not have his needs met. Tim Loughton (East Worthing and Shoreham) (Con): For the baby who is neglected or abused, there are I congratulate my hon. Friend on bringing this important two critical impacts on development. First, a baby subject before the House again. I should disclose an cannot regulate his or her own feelings at all. If the interest as the chairman of the Mindful Policy Group, basic needs are not met, he or she will simply scream which is all about promoting attachment. The figures louder and louder, and eventually take refuge in sleep. that she gives are stark, but does she also acknowledge The first impact is that a baby who is left to continually that this has become a generational issue in too many of scream night after night will experience raised levels of the statistics that she mentioned? Half of young people the stress hormone, cortisol. Excessive amounts of that in young offenders institutes who come from care will damage the baby’s immune system permanently, and then go on to have children subject to similar problems. evidence suggests that a baby left to scream for hours at In many cases, the common cause is domestic violence a time, day in and day out, will develop a higher and lack of attachment built at an early age. It is not tolerance to their own stress level, meaning that in later rocket science; these are common themes. It is a false life, they will have more of a predisposition to high investment not to do something early, as her excellent risk-taking behaviour than a baby who has only a manifesto so clearly proposes. normal level of cortisol. A lot of evidence shows that violent criminals have a high tolerance to their own Andrea Leadsom: I completely agree, and I will discuss stress levels. However, it is not only that—for a mother that in a moment. It is called the cycle of deprivation, who is very stressed during the time that her baby is in and my hon. Friend is absolutely right to raise it. the womb, the outcome is that the baby can physically I honestly believe that it is possible to change our be very desperately damaged. For example, maternal society for the better, but it needs a concentrated focus stress during pregnancy can lead to a thinning of the on the mental health of our nation. I want us to build a baby’s arteries, which has profound consequences later third pillar to our great universal services. Alongside in terms of congenital heart disease, diabetes and obesity. the achievements of free and universally available health There is also a very real physical impact on the brain. care and education, I want a free and universal service The pre-frontal cortex—the social part of the brain—only focusing on the mental health of our people. It must starts to develop at about six months, and the peak start at the very beginning—the period of 1,001 critical period for that part of the brain to develop is between days between conception and age two—and it must six and 18 months old. Growth is stimulated by the ensure that every child can build the emotional capacity relationship between the baby and carer, and peek-a-boo and resilience to cope with life’s ups and downs. games, gazing into each other’s eyes, singing songs, I make the case that what we do with a baby from saying, “I love you, you gorgeous little thing!” and lots conception to age two is all about building the human of cuddling all play a really strong role. Love literally and emotional capacity of that infant. Supportive shapes the baby’s brain. The brain develops millions of interventions with a child after the age of two are often neural connections during that period and the pre-frontal too much about trying to undo damage that has already cortex physically grows in size. been done. I would never advocate giving up on anyone, but it is an incontrovertible fact that if we want to Steve Brine: Although I appreciate that saying, “You change our society for the better, we must focus on the beautiful, delightful thing” is clearly the thing to do, at 3 crucial period between conception and age two. in the morning, especially as a brand-new MP with a Human babies are unique in the animal kingdom vote at 10 pm the next night, saying, “The Prime Minister in the extent of their underdevelopment at birth. really needs to be on my game” does not cut much ice What other animal cannot walk until it is nearly a year with a newborn baby—I say that from bitter experience. old and cannot fend for itself in any way at all until My point is that parents have to learn how to be parents it is at least two years old? However, the physical and how to give that love and care. Will my hon. Friend underdevelopment is only a tiny part of it. The human take a moment to recognise the amazing work of brain is only partially formed when a baby is born. The organisations such as Home-Start? They do brilliant billions of neurones in the brain are largely undifferentiated work in teaching parents how to be parents. at birth, and parts of the brain are simply not there. Humans are born with only the fight-or-flight instinct Andrea Leadsom: Yes, Home-Start does a fantastic and the earliest experiences of the human baby literally job, as do other volunteer organisations, peer-support hardwire his or her brain and have a lifelong impact on groups and so on; there are many around the country. It the baby’s mental and emotional health. is true to say that becoming a parent is the most difficult What are a baby’s earliest experiences? It is quite thing that someone ever does. There is no on-off button simple. When a baby cries, he does not know that he is for a baby and no rule book, guidebook or handbook, wet, tired, hungry, bored or too hot; he just knows that so we all struggle on in our own way, with better or something is wrong, so he relies on a loving, adult carer worser results—[Interruption.] Probably not “worser”— to soothe his feelings. Most parents will remember, as I worse, thank you. The Secretary of State for Education, 335WH Early Childhood Development30 JANUARY 2014 Early Childhood Development 336WH my right hon. Friend the Member for Surrey Heath behaviour aged seven would have a 22-fold increased (Michael Gove), is not responding to the debate, so we chance of criminality by the age of 26. Statistics issued are all right, but the point is about being a good enough by the Office for National Statistics show that almost parent, and if a baby knows that he or she is loved, a 80,000 children and young people suffer from severe parent does not have to say it at 3 o’clock in the depression, and that 95% of imprisoned young offenders morning when they are at their wits’ end. However, a have a mental health disorder. baby does have to learn that their parent loves them. There is also a very real financial cost to society: each When a baby does not receive attention from a loving looked-after child costs the taxpayer about £347 a day, adult carer, the pre-frontal cortex does not grow and each adult prison inmate costs the taxpayer about £112 a may never grow. Many will remember the tragic story of day and each person in acute psychiatric in-patient care the Romanian orphanages, where the minimal physical costs the taxpayer £225 a day. Analysis of spending in and emotional contact with babies left them profoundly local authorities shows that that cannot go on for much and permanently brain-damaged. Some of them died longer. The wonderfully named “Barnet graph of doom” literally from a lack of love. shows that on current trends, spending on children’s It ought to be natural and automatic for families to services and adult statutory services alone will outstrip form a loving and secure bond with their babies, but the income of the local authority of Barnet by 2025. post-natal depression, problems with conception, trauma That means the council will have nothing to spend on during childbirth, domestic violence and issues of poverty other important services such as refuse collections, potholes, and deprivation all get in the way. Insecure attachment or parks and leisure facilities. is no respecter of social class or wealth. One of the A pretty shocking statistic is that research suggests biggest obstacles to forming that crucial secure bond is that in Britain, 40% of children are not securely attached when mum did not have a secure relationship with her by the age of five. Of course, that does not mean that own mother. As my hon. Friend the Member for East they will all go on to have behavioural or relationship Worthing and Shoreham (Tim Loughton) pointed out, problems, because other life events will play a part, but it truly is a cycle of deprivation that is all too often it does mean that they will be less robust in their passed down through generations. emotional make-up to meet the challenges and Fiona Bruce (Congleton) (Con): I thank my hon. disappointments of life. It also means that later in life, Friend for securing the debate and for the passion that as parents, they may struggle to form strong attachments she has for the issue. Does she agree that a strong to their own babies, thus perpetuating the cycle of relationship between the child’s parents is critical? On misery through the generations. the tragic costs of family breakdown within the country, Having set the scene and described the challenge, I she cited some statistics, but another is that £46 billion shall move on to the proposals that we have set out in is the cost of social breakdown. Does she agree that, our “The 1001 Critical Days” manifesto. The key given that three different Departments have already overarching call is for an holistic approach to the perinatal been mentioned in the debate—the Ministry of Justice, period whereby the needs of the family are met in a the Department of Health and the Department for seamless way. Education, and I could add the Department for First, we need specialist mental health midwives and Communities and Local Government, because we have health visitors in every local authority area. We must health and well-being boards—we need to look at having enable women with a history of mental illness to receive a team responsible in a Government Department, with tailored antenatal and post-natal care, and thereby reduce a lead Minister who will give the issue priority on a the risk of later post-natal depression. Secondly, those daily basis? families experiencing difficulties should be able to access evidence-based services that promote parent-infant bonding, Andrea Leadsom: My hon. Friend is a passionate such as video interaction guidance and parent-infant advocate for support for relationships, and she is absolutely psychotherapy. Thirdly, all parents should have access right that the best results for babies and young children to antenatal classes that deal with both the physical and come when they have two parents who love each other. emotional implications of childbirth, as well as the There is no question about that. All the statistics back baby’s own mental health needs. that up, so she is absolutely right; we ought to prioritise Fourthly, the registration of the birth of a baby the essential importance of helping families to stay should be made possible in children’s centres in every together. area. Benchill children’s centre in Manchester Central, The brain development of babies has deep implications where the hon. Member for Manchester Central (Lucy for society. A human being without a properly developed Powell) plays such a key role in promoting early years social brain finds it very difficult to properly empathise intervention, is a fantastic example of how registration with other human beings. That can pose risks along a in children’s centres can help new families. It has been spectrum, from a general lack of emotional resilience, offering birth registration for more than a decade, and leading to depression or general unhappiness, to antisocial its reach to new families has grown from less than 50% behaviour, drug-taking, criminality and, at the most in a very deprived ward to 87.5%. In addition, its extreme end, psychotic behaviour. re-engagement rate with families is astonishing: for The charity Railway Children estimates that there are young parents, it is 100%. All parents have access to the up to 100,000 children at risk on the streets in the UK services that they may desperately need, to help them to every year. Research shows that more than 80% of get the best start in life with their babies. In— long-term prison inmates have attachment problems that stem from babyhood. Evidence now suggests that Tim Loughton: I did not mean to interrupt my hon. two thirds of future chronic criminals can be predicted Friend mid-sentence. She makes some very fine points, by the behaviour seen in two-year-olds. A New Zealand especially about accessing antenatal classes and children’s study showed that a child with substantial antisocial centres. Does she agree that we need to make both types 337WH Early Childhood Development30 JANUARY 2014 Early Childhood Development 338WH

[Tim Loughton] should be able to change that information as well. The regulations do not deter them from doing that, so it is of facility more dad-friendly as well as mum-friendly an excuse and in practice that excuse should not be because too often they are dominated by mums, and tolerated. that, where partners are available, the support that they can be encouraged to give if seen as an equal partner in Andrea Leadsom: Yes. Even my hon. Friend’s harder the family could help to prevent some of the perinatal line is absolutely right: there should be a presumption in mental health problems that befall one in six women favour of data sharing. It should not be a case of people around the time they give birth? saying, “Oh, I didn’t know” or, “I didn’t think it was allowed.” It should be a case of people being told, “If Andrea Leadsom: Yes. I am grateful to my hon. you didn’t share information, you should have done.” Friend for making that point. Benchill has that amazing At the moment, that is not understood strongly enough. ability to reach new families by offering birth registration. Of course, data sharing is relevant not only in child As hon. Members will know, if a man is not married to neglect or child abuse cases. Let us say that a midwife the mother of the child, the only way to have his name meets a mother antenatally and is aware that that on the certificate is to be present physically at the mother is terrified at the prospect of giving birth because registration as the father. Therefore, the advantage of of the physical implications, because she is afraid that offering registration in children’s centres to families is her partner might leave her or because she is afraid that that it offers the opportunity for the children’s centre to she will lose her job as a new mum. Often, when such look at the parents together. Benchill certainly encourages issues are picked up antenatally, there is, first, a lack of its staff to chat to dad. It encourages them not to focus places to refer that mum on to and, secondly, a lack of a just on mum or baby, but to talk to dad and the other communication path to enable the midwife to think children if they are there—to engage with them, try to about whom they should be talking to. give them support and let them see what services are offered to dads and babies and not just mums and There is, therefore, a very strong argument for creating babies. That is a perfect example of how to support the formal links between midwives, health visitors and children’s entire family. In one fell swoop, Benchill deals with the centres to ensure not only that they can talk to someone problem of stigma—everyone goes to the children’s else, but that they must talk to someone else. The centre, so clearly there is no stigma—and those families relevance of that to the mum’s experience is that if a who are deemed hard to reach and who so often need midwife is concerned about a mum, they can perhaps services but do not get them are automatically engaged. refer her on to a mental health specialist midwife and a mental health-focused health visitor. That could all take The fifth proposal in our manifesto is that there place under the auspices of a sensitively attuned children’s needs to be a presumption of data sharing among centre, so that the mum’s needs can be met throughout perinatal health professionals. The incorrect perception the perinatal period, giving her the best chance of remains that sharing concerns about a mum, a family or forming the vital secure bond with her baby. Data children is against the law. In fact, professionals talking sharing is relevant not only to cases involving severe to one another and sharing their concerns and the child protection issues; it is also about supporting mums information that they have on different families could who are just struggling. As we know, the statistics very often save lives by allowing earlier interventions to suggest that as many as 100,000 mums a year may be be made. just generally struggling. It is not that there are severe physical or neglect threats to their babies; it is just that Sarah Champion (Rotherham) (Lab): The hon. Lady those mums need a bit of support, and at the moment is making a very interesting point. I am doing an we are not giving them that. inquiry into child sexual abuse, and one of the key blocks to getting prosecutions is the lack of information That takes me on to our sixth proposal. There is a sharing among health bodies, education bodies, local huge need to provide proper training for front-line authorities and the police, so I fully support the health and social care professionals in the importance recommendation on that, because it seems to me the of attachment and early brain development. I have been only way in which we can prevent abuse and other involved for about 15 years with parent-infant partnership forms of neglect. charities that provide psychotherapeutic support to families. We also provide training to front-line professionals. It is astonishing how many post-training evaluation forms Andrea Leadsom: The hon. Lady is absolutely right. we get from midwives, health visitors, GPs and social Sadly, in serious case reviews there is very often an workers that say, “Wow! I wish I had known before how element of failure on the part of health professionals—a important the earliest relationship is.” That is not as failure to talk to one another. Very often, that is a much about the physical health as about the emotional contributing factor to the disastrous outcomes that we health and the attachment. sometimes see for families and children. Our seventh proposal is that local commissioning Tim Loughton: My hon. Friend makes a very good groups and health and wellbeing boards should specifically point about data sharing, but it does not happen in consider the social and emotional needs of babies in practice and is too often used as an excuse by professionals their local strategies. who are too lazy in some cases or have various other The eighth proposal is that childminders and nurseries professional reasons for not wanting to speak to other should consider how they can better meet the attachment professionals. Through the proliferation of MASHs— needs of babies in their care, and that Ofsted inspections multi-agency safeguarding hubs—and through local should specifically provide guidance and assess their safeguarding children boards and other bodies, professionals performance. As a member of the Committee considering now come together regularly to share strategy, and they the Children and Families Bill, which passed through 339WH Early Childhood Development30 JANUARY 2014 Early Childhood Development 340WH the House of Commons recently, I was pretty shocked, that props were not allowed in the Chamber—but the when we had Ofsted in to give pre-Committee evidence, problem is that they are not universally understood. If to be told that Ofsted inspectors do not routinely assess we ask the proverbial man on the Clapham omnibus those looking after the very youngest—potentially babies what a school is for, we will get the same answer from from the age of three months to two years old—on how every man on that omnibus. If we ask what a children’s well the care setting is meeting their attachment needs. centre is for, however, we will get all sorts of different There is this sense of schoolifying in the inspection answers. The fundamental problem with the Sure Start regime. It forgets about how well the key worker is children’s centre system is that there is no common playing with the baby, responding to the baby, smiling understanding of what they are for and the extent to at and cuddling the baby and being the key person who which they should be provided. changes the nappy, does the feeds and so on. All those My opinion—this is not part of our manifesto—is things are absolutely crucial for secondary attachment that children’s centres should have a statutory footing if mum or dad is out at work. like schools do. If a school year 4 is failing, we do not say, “Well, shut it then, and those children can just go Sarah Champion: I know that the debate is about without learning to read and write.” The profound early years, but I was also surprised to find that in implications of children’s centre services on a child’s schools, there is no requirement for Ofsted to measure development may be far greater than whether they learn safeguarding; they deal only with educational attainment. to read and write at the age of four, and far more We must look more holistically at a child from birth fundamental for their life chances, but we are willing to onwards. shut children’s centres. I appreciate what the hon. Lady has said about cuts, but we need to improve understanding Andrea Leadsom: As the hon. Lady said, the debate is of children’s centres and spread the good practice that about the earliest years. If we can get those right, there undeniably exists in some. We must persuade local will be many fewer problems later in a child’s development. authorities that children’s centres are not for cutting; We can close down the pipeline of later problems by they are profoundly important—at least as important intervening and supporting families far earlier. as schools and hospitals. That is my opinion, but I hope The final proposal in our manifesto “The 1001 Critical that answers the hon. Lady’s good point. Days” is that although children’s centres should continue Psychotherapeutic interventions from parent-infant to provide a universal service, they should prioritise partnerships have changed lives for the better for thousands specialist services for families with the highest level of of families. For those families whose babies now have need regardless of their social and economic circumstances. the best start in life, rather than a disastrous one, Service provision must be needs-based and universal, politicians can count the savings to the public purse. but focused on specialist services for those who really Early years intervention has the potential to save billions need them. of pounds from the cost of dealing with poor mental As I have said, since 2001 I have been closely involved health, antisocial behaviour, crime and violence. My with parent-infant charities that provide psychotherapeutic hope is that all political parties will adopt the achievable support to families who are struggling to form a secure and sensible recommendations of our manifesto “The early bond with their baby. I am delighted to say that a 1001 Critical Days”, and that we will together strive for year ago I set up a charity called Parent Infant Partnership the real prize, which is, surely, to change our society for UK, which has set out with philanthropic donations to the better. establish specialist parent-infant psychotherapy services based in children’s centres around England and Wales. 2.4 pm The first brand-new Parent Infant Partnership, LIVPIP, will launch this month in the constituency of the shadow Fiona O’Donnell (East Lothian) (Lab): I apologise Minister, the hon. Member for Liverpool, Wavertree for my late arrival. I congratulate the hon. Member for (Luciana Berger). It will provide psychotherapeutic services South Northamptonshire (Andrea Leadsom) on securing, for families who need them in the Liverpool area. I am with her friends and colleagues, such an important absolutely delighted about that, and I hope that other debate. It is excellent to have the opportunity to debate local authorities will want to establish similar specialist these important matters at length under your chairmanship, services themselves. Mr Weir. Hon. Members might be surprised to see a Scottish Sarah Champion: I am very supportive of the scheme MP contributing to the debate, because Scotland and that the hon. Lady is describing, and I hope that it can England have such separate and distinct approaches to be rolled out more widely. In Rotherham, we have some child care, maternal care and paternal care, but there fantastic Sure Start centres that offer great parenting are lessons that we can learn from each other, and that classes. Does the hon. Lady share my concern that is why I was keen to make a contribution today. In because our early intervention grant has been reduced, addition, I have been working closely with two third-sector we are having to look at cutting the number of Sure organisations, the National Childbirth Trust and Bliss, Starts from 22 to nine? I am concerned that the vital on problems that arise when babies are born prematurely, parenting support given by the Sure Starts will be lost. and I want to focus on the needs of children, parents and the wider family when babies are born prematurely. Andrea Leadsom: The hon. Lady will know that there I have personal experience of the strain that that is a presumption against closure, and several local authorities causes, having given birth to twin boys eight weeks have considered closing Sure Starts but have chosen not prematurely when I also had a two-year-old and a to. I once took my hat off in the Chamber to the Labour four-year-old. When anyone asks me how I do the party for creating Sure Start—I was subsequently told difficult job of Member of Parliament, I assure them 341WH Early Childhood Development30 JANUARY 2014 Early Childhood Development 342WH

[Fiona O’Donnell] inspiring and optimistic thing to see a parent given such skills. The way to do that is not by punishing them or that it is a piece of cake compared with being a mother withdrawing benefits, but by getting alongside people, of four children under four. My first-born—my daughter— showing them that we are on their side and understand, has cerebral palsy, and when my twins were born I was and giving them the necessary skills. I very much hope living in rural Oxfordshire and not driving, so I faced that the children from that family will grow up happier, multiple barriers to making that important bond with healthier and able to contribute to society, and that they my premature babies. It is an awful experience for a will not need that kind of support when they are mother to arrive home when it is more or less obvious parents. Investment in the early days is so important that she has given birth—it is especially evident when and can make such a difference to children’s outcomes. twins have left the uterus—but because the babies are not with her, no one comes up to ask what happened. Sarah Champion: I was surprised, and quite shocked, The mother is deprived of the opportunity to celebrate that 26% of babies in the UK—that is 198,000—are the birth of her children. estimated to live in a traumatic family environment, and There is constant worry and strain over whether the effect on their well-being is considerable. those children will grow up healthy and well, or even make it through that dangerous period in their lives, Fiona O’Donnell: I thank my hon. Friend for her and parents have to take each day at a time. I pay tribute intervention. It is so distressing—no child chooses where to the staff in the special care baby unit in Banbury who it is born. No child is born bad; bad things happen to brought my babies—who are now 6 feet 2 inches and children. It is really depressing to face the idea that a feet 3 inches and making a useful contribution to society— child’s outcomes should be determined by the streets through that time. The right hon. Member for Banbury they were born between. At NCH, which is now called (Sir Tony Baldry) had newly been elected, and while my Action for Children, I worked with children who were twins were still in the womb, I marched in protest to at risk of being removed from their family. I always felt keep the special care baby unit open, not realising that that that was an ironic term, because the best thing for they would soon be using the unit’s services. some children was to be removed from their family, as it was for the parents, too. For those children, there was There are particular strains for working parents. I really no opportunity. Many had suffered emotional was not a working parent at the time, so I did not have and, at times, physical and sexual abuse. to make choices about maternity pay. People frequently do not understand that a baby who is born significantly I urge the Minister to look at the excellent children’s prematurely often does not catch up, in terms of age panel hearing system that we have in Scotland, because and stage development, until they are at least two years it works well. It is great, because the child is absolutely old—I believe that it can take longer than that, and it at the centre of the process. This is not about what certainly did in the case of my boys—and maternity pay happens in the first 1,001 days, but seeing a child finally does not allow for that. A mother is faced with the disclosing the abuse they have suffered, with us all difficult choice of whether to take paid maternity leave having to leave the room until they felt able to tell their while her baby is in hospital and possibly critically ill, or story, was the most remarkable thing, as was knowing wait until the baby returns home. I would like the that, hopefully, it was the beginning of a process of Government to look at that, because it puts such a survival and recovery from that abuse. It was desperately strain on parents. sad to hear a 10-year-old boy say to me, “I know I can never be a parent, Fiona, because I couldn’t be trusted.” The hon. Member for Congleton (Fiona Bruce) spoke It is unthinkable that children should have to face such about the need for other Departments to be involved. choices. As the hon. Member for South Northamptonshire Given its responsibility for maternity and paternity said, we must educate health workers, teachers, nursery leave, the Department for Business, Innovation and workers—everyone involved in a child’s care—to spot Skills should be part of a joined-up approach. The the early signs of abuse and not be frightened to raise Department for Work and Pensions must also be part concerns. of that, because although poverty and deprivation are I look forward to hearing the Minister’s response, as certainly not the only factors that contribute to a lack well as that of my hon. Friend the Member for Liverpool, of secure attachment or the health and well-being of Wavertree (Luciana Berger), particularly on the issue of parents and children, they can make a huge difference. parents of premature babies. We know that breastfeeding In my case, we suffered from the combination of four brings huge benefits to babies. I am a mother of premature children under five and huge financial pressure on our twins. family, and we were at risk of losing our home. I started childminding the children of wealthy parents, so that Andrea Leadsom: I am grateful to the hon. Lady for they could have piano lessons and beauty spa treatments, giving way, because I wanted to make one little point to try to make ends meet. That puts a huge strain on a that I did not cover in my speech. I am so glad that she family, and for a mother or father at home, the child is received such excellent care for her pre-term babies. often the only outlet for that frustration. However, does she agree that it is rather shocking that if My hon. Friend the Member for Rotherham (Sarah someone has a baby pre-term, we move heaven and Champion) rightly raised the issue of Sure Start centres. earth—we helicopter babies all over the place—to find We do not have them in Scotland, but like many Members, a neonatal intensive care unit, whereas if a child is born I have watched at least two episodes of “Benefits Street.” full-term and the mother has a psychotic incident, When a Sure Start worker worked alongside some parents, which happens in up to 1% of births every year, affecting it was incredibly inspiring to see how empowered the up to 7,000 families in the UK, it is a postcode lottery as mother was. She was talking about the need to create a to whether an in-patient unit can be found? That could calm atmosphere and be consistent. It was the most be a death sentence for the baby. It is completely unfair. 343WH Early Childhood Development30 JANUARY 2014 Early Childhood Development 344WH

Fiona O’Donnell: I absolutely agree, and I am grateful stage before. If we spoke to universities, they said that to the hon. Lady for making that point. It is unacceptable they were not getting the kids coming through from that there should be a postcode lottery when there sixth forms; the sixth forms blamed the teachers doing could not be a more vital time to intervene. the GCSEs; the secondary schools blamed the primary I return to my point about the importance of schools; the primary schools blamed the nurseries; and breastfeeding and supporting mothers in providing the nurseries said, “We are just not getting the kids nourishment for their child. That is especially true in through the door anymore.” the case of premature babies, because the recommended There is an element of truth in what they all said. The start date for a mother to breastfeed is three weeks more one studies social mobility and children’s life post-term. Maternity leave rights and—particularly when chances, the more one realises that it increasingly does parents cannot afford to take unpaid leave—maternity come down to the very earliest age. The all-party group pay are therefore vital. This was 27 years ago, so some on social mobility published a report called “Seven key time ago, but when I had premature twins, the support truths about social mobility”. Truth No. 1 was that the and encouragement for mothers of premature babies to point of greatest leverage for children’s life chances is breastfeed was not what it should have been. I hope that what happens between the ages of zero and three—that that has improved, because it is a vital part of the is what we said, although it could equally be what bonding process. Although the mother cannot put the happens between the ages of zero and two. The problem baby to her breast, at least being involved in putting the is that, of course, this is the public sector—we are trying milk into the baby’s gut—knowing that they are giving to influence the Government and so on—and most of that nutrition—is a vital part of feeling a success as a what happens between the ages of zero and two or three mother. does not happen in a state-controlled or influenced I congratulate the hon. Member for South setting; it happens at home. That makes things much Northamptonshire again on securing this debate. I hope more difficult. that the Minister will look at the recommendations in Why is this a social mobility issue? How children are the manifesto and work with organisations such as the brought up is not particularly, or does not have to be, NCT and Bliss, so that across the UK, we are all dependent on parents’ income, but there is quite a working to give all our children the best possible start strong correlation. Figures from “An Anatomy of Economic and opportunity in life. Inequality in the UK”, a report made by the previous Government at the end of their term, show that on school readiness, for example, children from the poorest 2.16 pm fifth of households reach about a third of the way up Damian Hinds (East Hampshire) (Con): I rise to the percentile scale at age 3, versus more than 60% of support my hon. Friend the Member for South children born into the wealthiest third. There is a bunch Northamptonshire (Andrea Leadsom) and her cross-party of statistics like that. colleagues in the important work that they are doing in It is frightening that even toddlers’ cognitive ability highlighting the issues we are discussing. The manifesto test scores vary more dramatically according to their is accessible, understandable and persuasive. Speaking parents’ income than according to innate differences in as a relatively new dad, so much of it is also very ability. In the millennium cohort study, which tracks intuitive. It makes one think, “Yeah, of course; that is children through time, that gap does not narrow between pretty straightforward and obvious”, although we need the ages of three and five; in fact, it seems to widen as to see a lot more of it happening. children go through school. Why? I am careful not to I want to take a slightly different angle and talk a infer any direct causality. All sorts of factors may be little about social mobility and the effect of the first involved, but there are significant differences in some days and years of life on children’s eventual chances. things that people associate with home learning When considering child development, it is always helpful environments, and so on, according to socio-economic to have in mind a sort of pyramid—in fact, there is such groups. In the lowest socio-economic group—the poorest a pyramid in the manifesto. It creates a hierarchy of fifth of households—only about 40% of children are need. The sharp end of the pyramid is the very sharp read to every day at age 3, as opposed to more than 80% end of the scale—the acute cases where, frankly, social in the top 20%. Again, those figures are from “An mobility is not the top priority. The top priority is child Anatomy of Economic Inequality in the UK”. Those protection, basic safety and health; social mobility is a things can be tracked with a series of measures, including worry for another day. At the base of the pyramid is the bed time, and so on. massive part—the world at large; most people. In the middle is the section of children I want to talk about Fiona O’Donnell: The hon. Gentleman may not be today: those born into poverty and disadvantage who aware of work undertaken by the chief medical officer are not quite in the acute bracket. of Scotland, Harry Burns, on brain development in We know that social mobility in this country is low by children from families with generations of economic international standards—we are usually bracketed with deprivation. It showed that their brains were developing Italy and the United States—and it has not been improving. differently: the fight-or-flight part of the brain was On average, those of us here in our forties—including, overdeveloped. That shows that there is a real link as of a couple of days ago, my hon. Friend the Member between children’s life opportunities and deprivation. for Winchester (Steve Brine)—have been less mobile in our lives than those of us here in their fifties. That is a Damian Hinds: Clearly, there is a link—a range of poor state for any advanced democracy to find itself in. studies suggest different ways in which that link manifests Why is that the case? When I was on the Education itself—and I do not think that any commentator argues Committee, we used to find that everyone blamed the about its existence, but there is nothing inevitable about 345WH Early Childhood Development30 JANUARY 2014 Early Childhood Development 346WH

[Damian Hinds] for London’s exceptionalism could, of course, be that its large immigrant population comes from a different that; it ought to be possible to equalise children’s life cultural place. My opinion, as opposed to a research chances. Of course, there are examples of both brilliant view, is that immigrant populations have not suffered and awful parenting in every income bracket. Children’s the same degree of family breakdown. We found, through development is no respecter of the home they happen to my work with the parent-infant projects, that often in have been born into. As the right hon. Member for immigrant populations there is much more of a family Birkenhead (Mr Field) says, network. Therefore the bond is often quite secure, even “it is primarily parents who shape their children’s outcomes—a in areas of great deprivation, because of the support for healthy pregnancy, good mental health, the way that they parent the earliest period of the baby’s life. and whether the home environment is educational”. As he and many others say, what parents do is much Damian Hinds: My hon. Friend anticipates where I more important than who they are. am going. We are into the realm of speculation. We do Home life is difficult territory for the state. I suggest not know. It is true that many things are different about that we need to think harder about how to communicate family structure, and so on, in London, compared with what is known about successful, positive ways to parent—a the rest of the country. We do not know what is quite substantial body of evidence—in a way that does the causality, if any, of any of those things or of the not come across as, and in fact is not, telling people how outcomes. to bring up their children. Let me start by mentioning some of the things that Geography, as well as income group, reveals other are the same. There is no significant difference in gender interesting differences in early child development. There mix, age and birth weight of babies born in London; is a particular difference in London. When people are mothers tend to be older—we know that that is a factor told this, they assume that child development is worse in in child development—and better educated; families are London than elsewhere, because of all the issues in a bigger in London, and children are more likely to have big city like this. However, that is not so. There was brothers and sisters; and the mix is massively more another report last week about the different school diverse than in the rest of the country, both in terms of results of children growing up in London, versus those ethnic diversity, recent immigrants and families with growing up elsewhere. That is often attributed to the English as an additional language. London Challenge, which started in 2003. There are a In London, there is a slightly lower percentage of number of reasons to believe that the London Challenge children with either a single mother or both parents was not the sole or primary cause of those improvements. working; in other words, there are more families where One reason to disbelieve that is that the difference in at least one parent is at home. This surprises people. attainment scores for disadvantaged children is apparent There is also lower participation in pre-school provision way before they get to secondary school; in fact, it is and use of formal child care, which, again, surprises apparent even in pre-school assessments: on average, people, because ordinarily we expect that participation disadvantaged children in London seem to do about in early years settings and use of formal child care is 20% better on the “good level of development” scale associated with positive improvements in child development. than disadvantaged children in the rest of the country. Finally, as my hon. Friend the Member for South A bunch of things are different about London children Northamptonshire mentioned, although it is, bizarrely, and families. difficult to get reliable statistics, it appears that London is above the national average for the proportion of Mr Barry Sheerman (Huddersfield) (Lab/Co-op): Excuse families with children in which parents are married. my missing the beginning of the hon. Gentleman’s That flies in the face of what most people would assume speech, Mr Weir. As someone who was involved in the about this city.However, that raises an important question. London Challenge, I should like to know what the A massive debate has been going on in America in the relationship is. I am not clear about that. If it was not past couple of weeks about a Harvard report by Chetty the London Challenge, what made the difference? et al. called “Where is the Land of Opportunity?” which presented a number of challenging results in the US Damian Hinds: The hon. Gentleman asks a big question. context, in terms of social mobility. Its No. 1 conclusion I do not want to test your patience, Mr Weir, by debating is that family structure is the single most important the London Challenge, rather than early child development. determinant of social mobility in America and that, I will talk in a minute about societal differences that interestingly, it affects not only the immediate family, may or may not be driving factors. The honest answer but has a broader effect. In other words, in a neighbourhood is that we do not know, but there are reasons to disbelieve where most children are born to two-parent families— that the simple explanation for London’s improvement specifically, families where the two parents are married— is the London Challenge. First, the differences are apparent even if people are not in one of those families, by being long before children reach secondary school, and the in such a neighbourhood, they have more chance of hon. Gentleman will recall that it only started in 2003. getting on. Secondly, when translated from London to the black country and Manchester, there were not the same results. Tim Loughton: My hon. Friend is making a fascinating Thirdly, so many other things that are different about point. I entirely agree with the personal views of my London are worth looking into. hon. Friend the Member for South Northamptonshire (Andrea Leadsom) on the different complexion of London, Andrea Leadsom: My hon. Friend speaks so but one only has to look at Mediterranean countries to authoritatively on social mobility. It is always interesting see the far lesser influence of family breakdown, which to listen to him. However, I put it to him that one reason is related to inter-generational support. We have spoken 347WH Early Childhood Development30 JANUARY 2014 Early Childhood Development 348WH about support for parents, the preference for having two I pay tribute to the work of the hon. Member for parents and how marriage makes for greater stability. Nottingham North (Mr Allen) on early intervention, Places such as Barcelona have been rebuilt with a view which I hope will change our mindset as a polity on to having different generations living on top of each how we intervene. other, whereas in this country, grandfather and grandma Thirdly, I am not suggesting for a moment that I increasingly do not live round the corner, or within easy think I have the answers, but we should not be afraid of distance, to help look after the children, which adds talking more about the wider social context and what extra pressure on the family. There is a bit of a clue, if some of the impacts might be. While respecting people’s we look further south, about the influences that may life choices and celebrating the diversity of society—families result in different outcomes in London. now come in all shapes and sizes—we should not, for the sake of children, be agnostic about what those Damian Hinds: I have a similar instinct. I want to be choices are. We should also see what we can learn from careful not to imply a causality that we do not know to the differences between communities in different parts exist, but one factor in some ethnic communities is that of the country. there is greater multi-generational support and more extended families. Intuitively, it makes sense that such support can be an advantage. 2.35 pm Where does all that leave early child development Steve Brine (Winchester) (Con): It is a pleasure to from the perspective of social mobility? First, the follow my neighbour, my hon. Friend the Member for Government have to address, head-on, the thorny question East Hampshire (Damian Hinds), whom I thank for the of how to help parents to parent, while keeping in mind age check. I congratulate my hon. Friend the Member the pyramid of need, with acute cases at the top, children for South Northamptonshire (Andrea Leadsom) on born into poverty and disadvantage in the next layer securing this debate and on the manifesto. She knows of down and everyone else below that. I suggest that that my interest in this area, and she sent me a copy hot off should start pre-natally, which is a big part of the the press. I read the manifesto avidly, and I am totally manifesto “The 1,001 Critical Days”. Speaking as a impressed with her work. She spoke eloquently about recent dad, it is amazing how little we were told or read the cycle of deprivation, and she set out the case as to about what was going to happen after birth, because we why, in many ways, society is broken. I will not go on were so fixated on pain and the other things that people about that, but I think the family unit is the answer that worry about at the moment of maternity. Sure Start and holds so much of this together. Some of my comments Sure Start outreach can play an important part in that. will probably tie together the interventions we have had I echo what my hon. Friend the Member for Winchester over the past 15 minutes. said on the variety of views on what Sure Start is. On Many Members will be familiar with the work of the the Select Committee, I always used to ask people to Centre for Social Justice, which was set up by the define Sure Start, and even when talking to professionals Secretary of State for Work and Pensions when we were in the field, I would get different responses. in opposition. The CSJ produced a report last year There is also a question about the role of television called “Fractured Families: Why stability matters,” which and new media in supporting mums and families to built on the seminal 2006 work “Breakdown Britain” bring up children. Bookstart is fantastic, but it could be and the 2007 work “Breakthrough Britain.” Basically, more targeted. I was surprised when we received free “Fractured Families” re-examines how family breakdown books through our door. If people in the income bracket continues to plague our society, and it is blunt in saying of all of us in this Chamber are failing to buy books, or that, despite the scale of the problem continuing to to get them out of the library, to read to our children, it increase, Government action has been extremely weak. is not a problem that will be solved by being given two The report shows that the outcomes for children and or three books when the child is born. Like my hon. adults who suffer from family breakdown are often Friend, I pay massive tribute to the work done by terrible, and that there are huge costs to society. Someone Home-Start UK and others on direct one-to-one support. mentioned a huge figure earlier, which I will repeat because it is so staggering. Family breakdown is currently Fiona O’Donnell: Will the hon. Gentleman also pay estimated to cost the country some £46 billion a year, tribute to Mumsnet? Mumsnet is a safe, non-judgmental which is set to rise to just under £50 billion a year by the and anonymous place where mothers can chat and seek end of this Parliament. That is more than the Government advice and information. spend on the defence budget—talk about ideas for deficit reduction. Damian Hinds: The hon. Lady makes a good point. The report also says that Mumsnet is the sort of thing to which I was alluding “governments have chosen to ignore this problem, they have done when I talked about new media. When we talk about so despite the public’s views.” Mumsnet, we are obliged to say that Netmums is also Those views are striking: available. There is a range of sources of non-judgmental “89 per cent of people agree (52 per cent strongly agree) that ‘If peer-to-peer support, which is vital. we want to have any hope of mending our broken society, family Secondly, the importance of evaluation also comes and parenting is where we’ve got to start’…81 per cent of people out of the manifesto “The 1,001 Critical Days”. Intuitively, think that it is important for children to grow up living with both we all know that there are lots of things that we can do parents.” in the earliest years of life that will make a massive I think it is time, and the report clearly agrees, that difference to a child’s development and later opportunities, politicians on both sides of the House acknowledge but it is difficult to persuade other people of what those that family breakdown is an issue that matters to the things are. Evaluation therefore trades at a huge premium. vast majority of people in this country and take whatever 349WH Early Childhood Development30 JANUARY 2014 Early Childhood Development 350WH

[Steve Brine] volunteer stopped visiting. The good thing about what Home-Start is able to do here is that it is being copied: action they can to reverse it. The report makes a series the Incredible Years programme and the family nurse of recommendations to all political parties in advance partnership are both maternal and early-years public of the next general election, which people can read in health programmes providing ongoing, intensive support their own time. to mums and dads and their babies. I want to restate something that my hon. Friend the The family nurse partnership is of particular interest Member for South Northamptonshire said. Earlier, I to me. It is welcome that the Government have recently mentioned the statistics on speech and language difficulties agreed to increase the number of family nurse partnership among inmates. Some 80% of long-term prison inmates places to 16,000 at any one time by the end of this have attachment problems that stem from babyhood, Parliament. I saw its inspiration at work last summer in which is staggering evidence. The good thing that must Houston, Texas, where it is called the nurse family come out of that is to find a way to help families form partnership. I was there with the Justice Committee and the loving and secure bond that she talked so much saw the partnership at work in Harris county. We were about. That bond should come naturally when there is a there as part of our major inquiry into crime reduction new baby in the house but, as we know, post-natal policies and the data we were shown were very impressive. depression, problems with conception or birth experience, The programme is expensive but the outcomes are domestic violence and the issues of poverty and deprivation good, with 60% fewer arrests and 72% fewer convictions set out by my hon. Friend the Member for East Hampshire among children of mothers participating in the programme can, and so often do, get in the way. than among those of mothers in a similar demographic That is where Home-Start UK, which I mentioned and income bracket who did not. The number of days earlier, has to be part of the toolbox. Its formula of babies were hospitalised was reduced by around one parents helping parents has been incredibly successful third among programme participants. The figures are over the course of my lifetime—40 years, as we have impressive. been reminded. In August 2013 I spoke at the annual It goes without saying that any remarks about early general meeting of Home-Start Winchester and Districts, intervention in the first 1,000 days would not be complete which has been going for a long time and does so much without mentioning the troubled families programme. I to help families through the really tough times. am a big fan, and despite some mixed messages in the When my wife and I had children, people said that June 2013 spending review, the Government gave a children throw a hand grenade into marriages. I think commitment to extend the programme through the next that is nonsense; it is more like an atomic weapon. We five-year parliamentary period and confirmed £200 million had marriage preparation classes before we got married. from several Departments for a wider focus in 2015-16. The vicar who married us said that his one piece of That is sensible. I am regularly updated by Hampshire advice was to share the teaspoon moments—the things country council and Hampshire troubled families mapping, that get on each other’s nerves. Ten years on—we celebrated which have confirmed that 70% of client families are 10 years last year—we still regularly share the teaspoon located in the top 30% of wards for health deprivation moments, more of them coming my way than going in the county. That laser-like focusing at a time of out. There is nothing like children, supercharged after a shrinking resources must be right. I know that it is night of poor sleep or on a whiney day, to create bearing a dividend in Hampshire, as it is throughout the teaspoon moments and to exaggerate them into whopping country. great soup ladles. The early years are about the state, but they are also about the big society, the third sector—the voluntary Fiona O’Donnell: I join the hon. Gentleman in praising sector—and, ultimately, about creating more stable learned Home-Start. I have experience of using its services in environments where those early years count, so that Banbury and it was the only group that came and said babies have a chance of normal development. The prize to me, “What do you need? What can we do for you?” for us is absolutely huge, as all hon. Members who have Every other service said, “This is what we do. Is it of spoken today have said, not just in money value, but in any use?” the value of human life. Ultimately, that is what we, as Members of Parliament, are about. Steve Brine: Absolutely. There are so many similar examples throughout the country. I urge all hon. Members 2.44 pm who do not know their Home-Start people to get to Luciana Berger (Liverpool, Wavertree) (Lab/Co-op): know them. They work with families, and can share the I commend and congratulate the hon. Member for teaspoon moments when they are there, or sometimes South Northamptonshire (Andrea Leadsom) on securing just shine a light of perspective. When new parents are this debate. I also congratulate the hon. Member for exhausted, perspective is hard to come by. My experience Brighton, Pavilion (Caroline Lucas), my right hon. of seeing Home-Start at work is that it helps parents to Friend the Member for Birkenhead (Mr Field) and the learn to live together after children. Learning to live right hon. Member for Sutton and Cheam (Paul Burstow) together is hard enough, but doing so after children is a on their work in developing this manifesto and promoting whole new skill. the ideas within it. This debate has been constructive Home-Start has been demonstrated to work. Its volunteer and well-informed. Many excellent points have been support and positive impact on parents and families made that will resonate strongly with those on both have been shown to work. A three-year research project sides of this Chamber. by a team at the universities of Amsterdam and Utrecht When the first national health service hospital opened a couple of years ago revealed that children are still its doors in 1948, it was conceived as part of an all- benefiting up to three years after their Home-Start encompassing system of social security, supporting everyone 351WH Early Childhood Development30 JANUARY 2014 Early Childhood Development 352WH in our society from cradle to grave. Only in recent years, expectant mothers; we must do more to encourage close more than 60 years on, have we have come to understand working and data-sharing, so that that is no longer just how much that short time in the cradle—those very necessary. first few months—can ultimately decide how long, healthy and happy a life a newborn baby will enjoy. Mr Sheerman: I totally support the work of the 1,001 We must do everything we can to give all babies born group. All the work done—certainly during my in Britain today the best possible start in life. That was chairmanship of the Select Committee on Children, underlined earlier this week in an open letter to The Schools and Families—indicates that early intervention Times from 23 of the UK’s leading child health experts. is vital. It is also vital that such intervention is regular, They warned that, for the first time since the Victorian persistent and delivered by highly skilled, well-trained age, it is predicted that living standards for children will people. The problem is that that is expensive. be lower than for their parents, and that child mortality is still stubbornly higher in Britain than in other western Luciana Berger: My hon. Friend makes knowledgeable European countries. They called for a greater focus on points that, given his experience on the Children, Schools younger generations. We have heard some powerful and and Families Committee, he is well placed to make. The encouraging contributions to that debate today; I want example that I shared with the House—this is separate to build on what other hon. Members have said and from the 1,001 days manifesto—shows that there are focus on some of the challenges that we must address. I many activities going on around the country to address want to focus on early intervention, maternal support some of the issues, but the challenge is that the activity and care, and general help for all mums and dads. That is not happening everywhere. We need to lead from is by no means a comprehensive list of what I would like best-case examples, which is why data sharing is so vital to cover, but it is most fitting for the debate. to make a difference. Will the Minister comment on what steps the Government are taking to encourage All hon. Members who spoke referred to the importance these activities to happen throughout the country? of early intervention. The maxim that prevention is better than cure is one of the most enduring in public I am also keen for the Minister to address the point health. As the “The 1001 Critical Days” manifesto made by my hon. Friend the Member for Rotherham details, more than a quarter of all babies in the UK are (Sarah Champion), who is no longer in her place. She estimated to be living in complex family situations that mentioned the early intervention grant, which has funded present heightened risks to their well-being. The sad many of the programmes we are discussing. When the reality is that babies are far more likely to suffer from fund was first introduced, it totalled nearly £3 billion, abuse and neglect, and up to seven times more likely to but by 2015 it will have almost halved to around £1.5 billion. die in distressing circumstances, than older children. We have had contributions this afternoon about Sure Start centres, many of which have relied on the funding We have a duty to reach out to families in difficult of the early intervention grant, and it is a blow that 576 circumstances, and to maximise opportunities for them such centres have had to close their doors since the last to access support. Not only is it the right thing to do, election. The hon. Member for East Hampshire (Damian but it is the best thing for the public purse. According to Hinds) commented that he did not know what Sure the Royal College of Paediatrics and Child Health, Start was for— there is increasing evidence to show that spending on early-years intervention can yield a return on investment Damian Hinds: To be clear, I did not say that— as high as 6% to 10%. If it is done in the right way, early intervention can save money, save lives and improve the Mr Mike Weir (in the Chair): Order. well-being of parents and children. An example is the pioneering work by Manchester Luciana Berger: I will give way to the hon. Gentleman. city council and its partners. They have created a scheme in which midwives, outreach workers and health visitors Damian Hinds: To be clear, I was talking about what work together to identify at the earliest opportunity the happened when I was on the Education Committee, the families most in need. It is an inspiring project, with successor Committee to the one chaired by the hon. which my hon. Friend the Member for Manchester Member for Huddersfield (Mr Sheerman). When we Central (Lucy Powell), the shadow Minister with asked people what the purpose of Sure Start was, we responsibility for children and child care, has been got different answers, even from practitioners in the closely associated. We heard from the hon. Member for field. South Northamptonshire about how the programme is making a difference when it comes to registering a Luciana Berger: I thank the hon. Gentleman for his child’s birth. clarification. I apologise if I misrepresented his words. Under the scheme, every new mother is visited eight times from about 12 weeks before the birth of their child Mr Sheerman: I, too, found that fascinating. When until just before the child’s fifth birthday. Crucially, all we first started looking at Sure Start children’s centres, the professionals who are supporting those mothers they were concentrated in the 500 wards with the greatest hold joint fortnightly meetings and can let each other poverty. We soon realised that more families in poverty know if a parent needs additional help. Their work is were outside those 500, so we had to change the policy integrated and intelligence is shared between organisations totally. —a very strong theme in the “The 1001 Critical Days” manifesto. It is a world away from some of the haphazard Luciana Berger: The point that I wanted to make experiences of the past. Hon. Members may have heard about Sure Start, as a result of what has been said by the anecdote about how health visitors in the past both Government and Opposition Members, is that it is would wait by the nappy aisle in supermarkets to identify widely acknowledged that the centres have made a real 353WH Early Childhood Development30 JANUARY 2014 Early Childhood Development 354WH

[Luciana Berger] to support new health visitors will struggle. Generally speaking, my feedback from health visitors is that they difference to families. I have Sure Start centres in my are happy that the rate of new arrivals is not as rapid as constituency; Liverpool city council has gone out of its the hon. Lady might like. way to do everything possible to keep all centres throughout the city open—it has had to remodel and look at a Luciana Berger: I listened to the hon. Lady’s point hub-and-spokes model, given that we will have experienced about the speed of introduction, but reflecting on the cuts of 54% by 2016-17—all because of the centres’ experience in my area of Liverpool, the work load on importance to communities. our health visitors is such that they cannot provide the In one of the most deprived wards in my constituency, best service possible, because they are so swamped by the Sure Start centre is giving vital support to parents in the amount of visits that they have to do. I contend that the most deprived households. It is providing meal there is a challenge in the work load on health visitors. packets for £1—fresh food with recipes—to encourage Will the Minister share with us what steps her Department parents to cook for their children. That is making a real is taking to meet the target? difference to those children’s nutrition, in particular in On maternal support, in particular during the months their early years. In another, more affluent, part of my of pregnancy, with births in the UK at a 40-year high, constituency, the children’s centre is tailoring its services prioritising maternity services has never been more to the need in that area, because this ward has a high urgent. Around 10 stillbirths happen in Britain every incidence of multiple births. That Sure Start centre is day, and we have one of the highest stillbirth rates: providing a vital support service for mothers who have according to The Lancet, Britain is ranked 33rd out of twins and triplets—for parents contending with the 35 countries with similar income levels. The charity challenges presented by a multiple birth. Sands has linked that to maternity care, issues to do Those centres are making a real difference in my with inappropriate risk assessments for potential mothers, constituency.Their staff—including Liz Parsons, a manager and low uptake of perinatal services. Given that neonatal in the Picton Sure Start centre, to name just one person— mortality and stillbirth have been indicated as areas for provide vital hands-on support to parents, often first-time improvement in the NHS mandate to 2015, will the parents or parents with lots of children. The centres Minister please share with us what activities her Department provide support, including parenting support, to many will undertake to lower the stillbirth rate in England? families in my constituency. The findings of a National Audit Office review late last year are also of concern. It found that more than Damian Hinds: Like the hon. Lady, I pay tribute to half of birthing units are not meeting staffing guidelines; the staff in the Sure Start centres in my constituency; that more than one in 10 had to close for a fortnight or they do a fantastic job. We all know that there are more last year; and that 28%, or nearly a third, were fantastic Sure Start children’s centres out there, but is forced to turn away mums-to-be at the door between also worth dwelling on the fact that at the macro level last April and September because of a lack of space or we may not quite have cracked the formula. If we a shortage of midwives. We can all understand how compare the millennium cohort study with the previous stressful that must be for women towards the end of one, for the children who have been alive throughout their pregnancy. the Sure Start period, the gap between the rich and the poor has not been narrowed at age five. [MR DAVID AMESS in the Chair] I thank my hon. Friend the Member for East Lothian Luciana Berger: Towards the end of my contribution, (Fiona O’Donnell) for raising the important issue of I shall reflect on the hon. Gentleman’s points about premature babies, and for sharing her personal experience social mobility. He commented that the gap between of having premature twins and of the importance of the rich and poor might not have changed. Nevertheless, neonatal care received by her sons. A parent in a similar Sure Start centres have provided vital services to parents position who had to work might struggle to balance and families who might not have contended with that that with visiting the hospital and developing a bond specific issue, but have dealt with a lot of other ones with the babies. that we have discussed. We all have friends or family, or know people who In the debate, we have not touched on health visitors, have been expectant mums—some people in the room who are integral to this issue. It is welcome that the have been expectant mums—so we know that a skilled Government are committed to increasing the number of midwife can make all the difference between a smooth health visitors. The latest figures from the Health and pregnancy and a stressful one. It is deeply concerning, Social Care Information Centre, however, show that therefore, that the NAO has highlighted that there is a there are 1,234 more health visitors than in April 2010, shortfall of 2,300 midwives. The hon. Member for but that is less than a third of the way towards the South Northamptonshire highlighted the increase in Prime Minister’s target of 4,200 new health visitors by midwives’ work loads. The Royal College of Midwives April 2015. With the deadline looming, will the Minister has also calculated that the gap between the number of please offer some words of assurance about meeting the midwives we have and the number that the NHS in target? England needs will not be closed until 2026. Before the previous election, the Prime Minister promised Andrea Leadsom: I have talked to a lot of health that there would be 3,000 new midwives during this visitors, and there is a concern that by letting speed be Parliament. Again, regretfully, that target is some way the only target, we might pile a lot of new health short of being delivered. I am aware that there are many visitors into the system but diminish our ratio of experienced midwives in training, but the high drop-out rate and health visitors to inexperienced ones, and those trying impending retirements could mean that we face significant 355WH Early Childhood Development30 JANUARY 2014 Early Childhood Development 356WH shortages for some time to come. We would appreciate There are other issues we should address, which again any reassurance that the Minister can provide on that reach far wider than the remit of the Department of matter. Health. For example, there is the problem of parents Will the Minister also comment on the training that who are struggling with the cost of living, and those midwives receive? We have heard from a number of who are working all hours and do not have the time to Members about the importance of maternal mental be with their children because they are working all day. health. Mental ill health is one the biggest risks to a We must establish genuine parity of esteem between pregnancy, with one in 10 mothers suffering a mental mental and physical health, across the board. We have illness before or after birth. Last November, I asked the to protect babies and children from specific dangers—just Under-Secretary of State for Health, the hon. Member yesterday in the House of Lords, for example, there was for Central Suffolk and North Ipswich (Dr Poulter), a debate about protecting children and babies from what proportion of midwives were trained to provide smoke in cars. There is no better investment that we can expectant mothers with mental health support. make as a society than in our children. Unfortunately, he was not able to provide a figure, but I am sure that both he and the Minister agree that we Dame Tessa Jowell (Dulwich and West Norwood) need more midwives who are confident in providing (Lab): I pay tribute to the hon. Member for South that kind of support. Northamptonshire (Andrea Leadsom), with whom I have had the pleasure of collaborating on the all-party We also need more specialist mother and baby mental group on conception to age two—the first 1,001 days. health units. It has been estimated that as much as 50% Does my hon. Friend the Member for Liverpool, Wavertree of the UK lacks any kind of specialist perinatal mental (Luciana Berger) agree that there is an increasing amount health service. There are only 17 mother and baby of scientific evidence on early childhood that shows the mental health units across England, and they are value of intervention in the first 1,000 days? Will she geographically disparate. There are just two in Scotland join me in commending the campaign to see early and one in Wales, and none in Northern Ireland. As childhood represented in the new millennium development both the hon. Member for South Northamptonshire goals in 2015, which will benefit tiny children and their and my hon. Friend the Member for East Lothian said, mothers, not only in this country but around the world? it is a postcode lottery. The hon. Member for South Northamptonshire talked Luciana Berger: I thank my right hon. Friend for her about the 1% of mothers who might experience a psychotic important contribution to this debate. She has summed episode. That could lead to mothers being hospitalised up many of the earlier speeches on the importance of two or three hours’ drive away from their loved ones. It this issue and how vital early intervention is. Right at could also mean that they are separated from their the start of the debate, we heard about the science babies. That is good for neither the mother’s well-being relating to the difference in brain development of children nor her newborn child’s development. who get that care, love and affection in early life, and I thank all those Members who have raised the those who do not. As we heard, that care is vital to the importance of support for parenting. A number of development of a child over their entire lifetime. I echo Members thanked Home-Start for the work it has done her remarks on the millennium development goals. This and the way in which it so helpfully supports parents. issue is important not only for us in the UK but further We have also heard about specific challenges on early afield, right across the world. I support her call for early intervention, maternal support and maternity care. However, intervention to be included in the 2015 goals. we know that the challenge of improving early years development reaches far beyond those specific issues. Andrea Leadsom: I pay tribute to the right hon. The hon. Member for East Hampshire raised the issue Member for Dulwich and West Norwood (Dame Tessa of social mobility, for example; many social determinants Jowell) for all her work on promoting early years extend well beyond the reach of the Department of development in the post-millennium development goals. Health. The hon. Member for South Northamptonshire I did not touch on that today, but she has played an suggested that the issue could be looked into more enormous role. I can report that UNICEF has asked us widely, perhaps at Cabinet level, and I take that point to speak at the UN on the importance of the earliest on board. years and how early intervention can support children, Both my hon. Friend the Member for East Lothian not just in this country but around the world. It is and the hon. Member for East Hampshire raised the fantastic that she has been able to pop into the debate, issue of the importance of digital networks and social and I commend her for all that she is doing. networks. They are indeed important, and I welcome the work done by Mumsnet and Netmums, but I would Luciana Berger: I thank the hon. Lady for her like to put on record the challenges there are for many intervention. I will now seek to conclude. mums who do not have access to the internet, or perhaps do not know how to use computers. Although digital Mr Sheerman: My hon. Friend briefly alluded to networks are important and can help to support parents— smoking and children’s exposure to smoking in cars. both mums and dads—one issue that we need to look at There was good news this morning from the Government: further, which is far beyond the reach of the Department there will be a free vote on the issue. Back in the mists of of Health, is access to the internet and to broadband, time, my very first private Member’s Bill was on banning particularly for people living in rural areas. There is also children from being carried unrestrained in cars. There the issue of being able to afford that internet access: was a tremendous backlash against that Bill in certain people might not want to have to go to a public library parts of the House; people said that it breached human to connect and reach out about specific personal issues. and individual rights. We won that battle, and I hope We should be thinking about those matters. that we can win the next one. It is wrong that a child, 357WH Early Childhood Development30 JANUARY 2014 Early Childhood Development 358WH

[Mr Sheerman] will know that the issue is close to his heart, and is the focus of much of his work. However, it is an honour for who has no choice, has to go in a smoky environment me to sit in on such an amazing debate, with so many and breathe in dreadful fumes that can affect their excellent contributions. health for the rest of their life. Like the shadow spokesman I pay tribute to the other hon. Members who contributed to the manifesto, and Luciana Berger: My hon. Friend’s intervention has to the hon. Member for Nottingham North (Mr Allen) given me the opportunity to expand on this serious for his tireless campaigning on early intervention. I have political issue, with which we are engaging in the House had several stimulating and fulfilling conversations with at the moment. He rightly points out the opposition him on the subject. He is passionate about the issue. there was to rules on wearing seat belts. The discussions What he has done to formalise matters through the on that issue are relevant to our discussions about Early Intervention Foundation—and the information, banning smoking in cars when children are present. knowledge and evidence base that has been established When we had no rules on wearing seat belts, only 25% because of that—will be extremely important. Evidence of the population wore one; since the introduction of is important in this context because, to pick up the the rules, more than 90% of the population wear a seat point about pressure on resources, the more evidence belt, and that has made a massive contribution to safe that can be presented to show that interventions work, car travel. the easier it will be to persuade people that such interventions are a good investment of public money, It is worth noting that there is overwhelming public when that is in relatively short supply. support for banning smoking in cars when children are present. Around 80% of the public think that we should A clear case has been made, and the manifesto has deal with the issue, and it will be interesting to see what support from across the political spectrum. The message happens in the vote. It is also worth putting on record is clear and simple: prevention and early intervention that when there was a vote on a private Member’s Bill can improve outcomes and transform the life chances of on the issue in 2011, 22 MPs from the coalition supported children. Several hon. Members ably explained where it, including a current Health Minister. I welcome the the costs pop up in the system when people suffer free vote, and I hope that we are successful when the damage, and how much better, safer and kinder it is to proposal comes before the House on, I believe, 10 February. make interventions early in people’s lives, to prevent such problems. That message sits well with the Government’s To conclude, a broad, holistic approach will ultimately pledge to improve the health outcomes of children and make the difference for children, and for future generations. young people so that they become some of the best in the world. That is a challenging goal, but the Government are determined to rise to it. 3.9 pm I want to touch on the risks associated with pregnancy. A healthy pregnancy provides the best foundations for a The Parliamentary Under-Secretary of State for Health healthy life. Poor diet, smoking, using illicit drugs and (Jane Ellison): It is good to serve under your chairmanship, consuming alcohol at that time can all have an impact Mr Amess, and to respond to such an interesting debate. on the child’s later cognitive functioning and on their I shall focus my remarks fairly narrowly on the subject health and well-being. As my hon. Friend the Member of the debate, because I have a feeling that I will get the for South Northamptonshire said, a fetus exposed to chance to talk about smoking in cars quite a bit in extreme stress in the womb will have higher levels of the coming weeks. I have had the chance to discuss today’s stress hormone cortisol, which can create higher levels subject many times with my hon. Friend the Member of stress later in life. There is a highly relevant example for South Northamptonshire (Andrea Leadsom), and of that in another part of my portfolio. Domestic her passion and knowledge have shifted parliamentary violence can peak during pregnancy and, as a very opinion in that important area. I remember sitting significant stress factor, it can cause the very conditions through a late-night debate which, unusually, attracted in the womb that have long-term consequences for double-figure attendance; she has moved the dial for children. political discourse about the importance of early years. Hon. Members have articulated the early years risks She has a positive and constructive relationship with very well during the debate. There is a growing consensus several Departments’ officials, who enjoy working with about the agenda and the fact that early years intervention her on that agenda; I think that will continue. offers the greatest opportunity to create secure, happy The debate has been fairly consensual. I accept that and healthy adults. Moving forward in accordance with there is some challenge with respect to numbers to do that shared agenda is the key. I will mention one or two with Sure Start, and funding issues; but, to be honest, of the risk factors. Smoking in pregnancy is highly whoever was in power would have faced the same issues relevant to much of my work in public health. It can over the past few years. I shall therefore focus on what lead to low birth weight, which is linked with heart we are doing in response to the manifesto “The 1001 disease later in life. The key messages on smoking in Critical Days”. I shall try to pick up on points that have pregnancy are getting through to many people, although been made. I am standing in for the Under-Secretary of not to everyone. We still have some way to go, but in State for Health, my hon. Friend the Member for Central 2012-13, 12.7% of mothers were smoking at delivery. Suffolk and North Ipswich (Dr Poulter), who is the lead That is lower than the 2009-10 figure of 14%. However, Minister and is at present in a Bill Committee. He is the regional variation is extraordinary. Figures that sorry not to respond to the debate in person, but my recently came across my desk showed enormous regional hon. Friend the Member for South Northamptonshire variation, and responding to that is a challenge that I 359WH Early Childhood Development30 JANUARY 2014 Early Childhood Development 360WH have put to public health directors in the regions. It is a High quality care during pregnancy is crucial and we good example of the way that a regionalised public want women to receive excellent maternity services that health system can focus intensely on problem areas. focus on providing the best outcomes for them and their Experts are still unsure exactly how much alcohol it is babies. There has been significant investment in maternity safe to drink during pregnancy, so the safest approach services. Since 2010 the midwifery work force has grown is not to drink any that time. Drinking heavily in by 6.9 %—that is 1,380 additional midwives. I of course pregnancy can lead to low birth weight and damage understand the challenge, in that there is always a call brain development in the womb. Fetal alcohol spectrum for more midwives; that is an important area. There has disorders are a range of cognitive and functional disabilities been £35 million of capital investment in the environment that can be caused by exposure to alcohol in the womb. where maternity care is provided and where women give In short, smoking and drinking alcohol while pregnant birth to their baby. We are working with NHS England can cause irreparable damage to a child and make them to ensure that women receive better care during pregnancy, more susceptible to illness throughout life. The manifesto with every woman having a named midwife responsible highlights the numbers of babies affected by those for providing personalised antenatal and post-natal care. issues, and I reassure the House that those are on our Women can now make more informed choices about radar. their care. Again with the support of Health Education England, we have increased the number of midwives Perhaps less obvious is the impact of events in early and are working to ensure that specialist mental health childhood on later health and well-being. A drive towards support is available in every birthing unit by 2017. wider understanding of that, among parliamentarians and in local government and the voluntary sector, is The NHS does an excellent job in nearly every case of very important. I think that initially it is difficult to take delivering babies safely, but it is crucial, as has been on board the detail of the issue, and that is why it is so highlighted, to ensure that we do more to look after important that my hon. Friend the Member for South mothers’ mental health. More than 10% of women will Northamptonshire has persisted in making the case to have a mental health problem or mental illness during colleagues, and explaining it in detail, with the evidence pregnancy, and we must ensure that we provide all-round to back it up. Many of us now have a wider understanding support for women to detect and treat such conditions. of what may not be as intuitively grasped as messages Again, Health Education England is taking forward about not smoking or drinking during pregnancy.Traumatic work with a range of partners to ensure that training is emotional experience in childhood can translate into a available for health care professionals in perinatal mental greater risk of disease and mental health problems. health. It is working with the Nursing and Midwifery Many hon. Members focused on that during the debate. Council and the Royal College of Midwives to ensure We have, I think, learned that the old adage that time that midwives’ undergraduate training includes a core heals all wounds is not true. Adverse events in early module focusing on perinatal mental health, and with childhood can resonate down the years. the medical royal colleges to provide postgraduate training on maternal mental health by 2015. According to the emerging research, growing up with exposure to multiple adverse childhood events can have For a relatively small number of women, specialist a lasting impact. For instance, growing up in a household perinatal mental health services are required. Through where the mother is treated violently, where a parent is maternity and children’s strategic clinical networks, NHS chronically depressed, mentally ill or suicidal, or where England is supporting the development of maternity someone uses drugs can increase a child’s risk of a and perinatal mental health networks, as recommended range of conditions. Those who experience multiple by guidelines from the National Institute for Health adverse childhood events achieve less educationally, and Clinical Excellence on antenatal and post-natal earn less and are less healthy. All those consequences mental health. The networks will develop action plans were articulated in the debate. The hon. Member for and collaborative working to drive improvements in East Lothian (Fiona O’Donnell) spoke of some sad access to and quality of care. examples, and about sitting with very young children and talking about their personal experience. Andrea Leadsom: As I understand it, NICE guidelines One of the saddest papers that I have read as a still only approve video interaction guidance, which is Minister was one that I submitted to the Chair of the an effective but quite short-term intervention, and cognitive Select Committee on Home Affairs, about gang violence. behavioural therapy as talking therapies for the perinatal It was about the early lives of children who, at a young period. There is a wealth of evidence that parent-infant age—under 10—were on the fringes of being drawn psychotherapy, a psychodynamic form of therapy, is far into gang violence. I set myself a challenge, before more effective in parent-infant situations. As randomised reading the attached case history, of guessing what was controlled trials are the only acceptable evidence base happening in the child’s life. Every guess I made about to NICE, and as psychodynamic therapy does not lend the factors that were present was right, and I am sure itself to that, there is a bit of a chicken-and-egg situation. that other hon. Members would have made the same How do we improve the availability of specialist parent- ones. The case history showed that a child much younger infant mental health services if NICE will not approve than 10 was already showing signs of post-traumatic them because they do not undergo randomised controlled stress disorder. There is a lot of emerging evidence to trials? show that such children are far more likely to be drawn into gangs. Good work is being done, particularly in London, on understanding how to diagnose that. It all Jane Ellison: If my hon. Friend does not mind, I will goes to support the case being made through the debate write to her after the debate to respond in the level of for intervening very early; otherwise, children grow detail that she asks for, as that is not in my brief. used to high levels of stress and aggression. However, I can reassure her that I think there are trials, 361WH Early Childhood Development30 JANUARY 2014 Early Childhood Development 362WH

[Jane Ellison] Thankfully, we have 30 years of evidence from the USA and elsewhere that shows that the family nurse supported by Government research funds, to consider partnership programme improves outcomes for mothers some of the areas that she is interested in. I think that and children in the short, medium and long term. That there is room to give her encouragement in that regard. includes health and behaviour during pregnancy, reduced To return to the networks that I was describing, for child abuse and neglect, improved school-readiness for women at risk of poor mental health during pregnancy the child and improved economic prospects for the and following childbirth, services do exist. Ministerial mother. That list is the mirror image of all the different colleagues have visited excellent services in Blackpool, threats to health and wealth that have been articulated for example, that support women who have or are at during the debate. It shows that the impact of some of risk of developing mental health or substance misuse these powerful early interventions can ripple down the problems in pregnancy or post-natally. generations, as other hon. Members have said. The key messages on smoking in pregnancy are also To pick up a point made at the start of the debate, getting through. We have some way to go, but as I have such interventions have also made great savings to the said, the figure is beginning to drop. Teenage pregnancy public purse in health, social care and the criminal can, of course, lead to poor outcomes for both teenage justice system. I am glad that my hon. Friend the parents and their children. Teenage mothers have three Member for Winchester (Steve Brine) mentioned the times the rate of post-natal depression and a higher risk US research. We are undertaking a large-scale independent of poor mental health for three years after the birth. randomised control trial that will rigorously evaluate They are three times more likely to smoke during pregnancy the programme’s effectiveness in the English context, and 50% less likely to breastfeed, with consequences for and the initial findings will be reported later this year. I their children. It is imperative that we reduce the numbers am sure that hon. Members present will be interested to of young women and girls getting pregnant and mitigate see that, because it will be useful to see those data the impact of having a child when young. expressed in an English context. The good news is that our rate of teenage pregnancy The Healthy Child programme is a universal evidence- now stands at a historic 40-year low. In 2011, the last based preventive programme to improve the health and year for which we have figures, our conception rate for well-being of all children and to identify and treat young women under 18 was 30.7 per 1,000, down from problems early.Effective implementation of the programme 35.4 per 1,000 in 2010. That is due to a lot of hard work, should improve many of the outcomes highlighted in dedication and passion from our health care professionals, the “The 1001 Critical Days” manifesto, including the many of whose efforts have been described by Members strong parent-child attachment, positive parenting, better in this debate. I pay tribute to their efforts and the social and emotional well-being among children and important results that they are yielding. care that helps to keep children healthy. Reducing conception by under-18s is one of a basket of indicators in the public health outcomes framework Fiona O’Donnell: The Minister speaks about bonding and our sexual health improvement framework, which between mother, father and baby in the early days. May was published in March 2013, to drive continual I draw her out on the issue of maternity and paternity improvement. Despite our best efforts, though, some pay being included in the cap on benefit spending young women and girls will become pregnant, and we announced by the Chancellor in his autumn statement? must do our best to mitigate the risks to those young Will she give an undertaking that that will not lead to a mums-to-be and their babies. Several hon. Members, freeze or a reduction in maternity and paternity pay? including my hon. Friend the Member for Winchester (Steve Brine), have paid tribute to the family nurse Jane Ellison: The hon. Lady will understand that that partnership, a preventive programme for vulnerable is not in my portfolio, but I am happy to draw her first-time mothers under the age of 20. It offers intensive concerns to the attention of colleagues in whose portfolio and structured home visiting delivered by specially trained it rests. I undertake to do so after the debate. nurses from early pregnancy until a child is two. It The Under-Secretary of State for Health, my hon. offers intensive and structured home visiting delivered Friend the Member for Central Suffolk and North by specially trained nurses from early pregnancy until a Ipswich, has asked Public Health England to commission child is two. There are now more than 80 teams covering a rapid review of the evidence base for the Healthy 91 areas across England, and the Government are Child programme, with a focus on primary prevention. committed to increasing the number of places on the The Department of Health is also working with the programme to 16,000. WAVE Trust, which was instrumental in developing the The family nurse partnership successfully engages evidence base for the manifesto, with the Early Intervention with disadvantaged young parents, including fathers, Foundation and with others to explore how valuable to pick up a point mentioned by my hon. Friend the work in prevention can be built upon. We will be Member for East Worthingand Shoreham (Tim Loughton), interested in the outcomes of that evaluation. who is no longer in his place. Of those who are offered the family nurse partnership, 87% enrol and a high proportion Mark Durkan (Foyle) (SDLP): The Minister has continue to engage until their child reaches their second referred to looking at the issues by drawing on data and birthday. My colleague the Under-Secretary of State for evidence that are available in the English context. As Health, the hon. Member for Central Suffolk and North well as sharing that, importantly in this context, will she Ipswich, witnessed—other Members have referred to ensure that questions in the “The 1001 Critical Days” this during the debate—the transformational power of manifesto are addressed at the level of the British-Irish the programme, and he met family nurses and their Council? That would enable all eight Administrations clients in London in 2013. throughout these islands who face such challenges in 363WH Early Childhood Development30 JANUARY 2014 Early Childhood Development 364WH common to share their experience, good practice and The Government are increasing local authority budgets piloting. The work could be elevated to that level rather by £448 million over three years on a payment-by-results than all the different Administrations trying to do the basis to support troubled families across England. Again, same things back to back. my ministerial colleague is meeting those involved in the Troubled Families programme to discuss the health Jane Ellison: The hon. Gentleman makes a good contribution to this valuable programme, and he can point, and I have regular dialogue on matters in my then address some of the points to which I will draw his portfolio with Members of the devolved Administrations. attention as a result of this debate. I am happy to look into that point after the debate, because some of the lessons to be learned are universal I do not have time to go into much detail, as I am across different countries in the UK. aware that I have already made a long speech, although I am drawing to the end of it. I have many points to There has been a lot of interest in health visitors. respond to, but I wanted to touch on the points about They and their teams lead the delivery of the Healthy social mobility made by my hon. Friend the Member Child programme, and of course they are the bedrock for East Hampshire (Damian Hinds), which I have of our children’s public health services. They are often heard him articulate before. He discussed how to support the first professionals to recognise that a mother is parents. I think that my hon. Friend the Member for depressed or that parents are struggling with the negative South Northamptonshire was present when Alan Milburn, effects of many sleepless nights; we have had a few presenting his most recent social mobility report, urged descriptions of those from colleagues in this debate. Government and politicians generally to break what he Through their work, health visitors can have an impact called one of the “last taboos” of public policy, which is on the well-being of the whole family. Because of their telling people how to be good parents and supporting vital preventive role, the Government are committed to them to be good parents. That is an interesting challenge growing the health visitor work force by 4,200 by the for us all to consider and respond to, because it is year 2015, and to transforming health visiting services undoubtedly difficult terrain for both Governments to improve outcomes and reduce inequalities in the and individual politicians. nought-to-five age group. Taking up the point about whether recruitment is on Andrea Leadsom: I would just like to make the point track, and weaving in the point made by my hon. Friend that although politicians attempt to say, “Family and the Member for South Northamptonshire, we believe the first couple of years are really private, and you that we are on track. There have been a couple of mustn’t interfere,” often, in my experience of 15 years’ challenges in one region, to which we are now responding, work with charities, people are actually desperate for but the rate of increase in health visitors will increase. It help, and they do not know where to go. It is completely is determined by training intakes, which determine the the opposite. It is not as though we were trying to ram rate of qualification and entry into the profession. We support down people’s throats and tell them how to live; are happy that that is on track. I give that assurance to it is that they are desperate for it. I have lots of meetings the shadow Minister. The latest health visiting work with people who have set up charities to support mums force data that we have, which are from October 2013 who are desperately depressed or tearful or who cannot and were published this month, show that the total cope. They do that because they themselves went through number of health visitors nationally is 9,770 full-time it and there was nobody there to help them. I think it is equivalents. Overall, there are 1,678 more health visitors the exact opposite. We kid ourselves if we think that we than the May 2010 baseline of 8,092. That is a growth are interfering. We are not; we are simply providing of 21%, but we intend to grow that number more, as we support that people desperately want. have said, because we think it is so important and crucial to the aims of the manifesto. On troubled families, we know that some families Jane Ellison: I think that is right. My experience have multiple problems and cause problems in the mirrors my hon. Friend’s. I suppose the sensitivity is community around them. I will not go into a lot of always about people being tempted to stray into saying detail, but there is clearly relevance and read-across how everybody should live their lives, but I agree with from some of the early years issues that we have been her. My experience is just the same as hers. Most people discussing in this debate. In particular, I have seen the are crying out for support. I guess that the key thing is Troubled Families programme in my area encouraging how that is delivered and how people are asked whether critical working together and getting everyone around they would like to receive it. There are ways of doing the same table to consider people and families as a that, and I think we are close to breaking that taboo. It whole. is all about how the support is offered. Rather then That programme will have done a great deal of good telling people, it is about saying, “We are here to support to embed that idea and approach as good practice for you and we think that we can nurse you through this many local authorities. There is a strong read-across to difficult time,” so I think she is right. Common sense the other things that we are discussing about earlier dictates that that is nearly always the case, but it is not years, and in some cases, of course, they will be the an area that Governments have previously dealt with. It same families, depending on the nature of the family. I is an area that people have been nervous to go into. have certainly seen in my area, and in lots of the other I am glad that my hon. Friend mentioned charities. I pilot areas, how services have embraced the opportunity want to touch on some work done in the area, because to stop working in silos and consider a whole family’s giving people the best possible start in life is not only a needs instead. I hope that that will become orthodoxy job for parents, the NHS and Government. Charities in how we move forward with Government policy in such as the WAVE Trust—Worldwide Alternatives to numerous areas, and in the local government approach ViolencE—and the Early Intervention Foundation, which to things. is funded by the Government, are contributing to, even 365WH Early Childhood Development30 JANUARY 2014 Early Childhood Development 366WH

[Jane Ellison] versus sharing nationally held data. My hon. Friend the Member for East Worthing and Shoreham said in an leading, the debate in crucial areas about early child intervention that sometimes there is a culture of using it development. The Big Lottery Fund is working with as an excuse. As highlighted in the Caldicott reviews both those charities and many others on the “A Better and reports, we know that culture and relationships Start” initiative, where it will invest £165 million over need to change, and we need to make sure that there is the next 10 years to stimulate new and innovative preventive an understanding of the existing framework in law that approaches in pregnancy and the first three years of supports much greater information sharing than perhaps life, again to improve life chances. I congratulate it on is always undertaken. that work, and Ministers and parliamentarians will Jean Gross’s report also made recommendations about want to keep in touch with that significant programme training on information sharing. We are working with of work and look at the outcomes it achieves. the Royal College of Paediatrics and Child Health and Before I move off charities, I pay my own tribute to with the DFE’s strategic partner, 4Children, to explore Home-Start and many other charities like it. I am how an e-learning package on information sharing can privileged to be the patron of Home-Start Wandsworth, be developed that is accessible to and appropriate for so I have seen at first hand the great work that it does, both health and early years professionals. We are hoping which I know is mirrored up and down the country. I to see progress there. have spoken to many mums who said that Home-Start To summarise, system-wide change is required to were the people who stood by their side when they felt achieve all of this. Each part of the system, at each they had no one else to help them. They talked about level, has a vital contribution to make. As the response the difference that it made to them at a difficult time in to the debate has illustrated, work is going on across their lives. different Departments, and how we integrate them is On the points about integration, we can definitely do critical to it. All of us see the manifesto “The 1001 Critical more to look at ensuring that all those initiatives are Days” as a rallying point for all those who have an joined up. My ministerial colleague the Under-Secretary interest in ensuring that, as the Government state in of State for Health, my hon. Friend the Member for their pledge, we improve the health outcomes of children Central Suffolk and North Ipswich, is hosting a round and young people so that they become among the best table on the subject of integration, with a specific focus in the world. on the early years. That will look at what more we can The manifesto comes at an exciting time, because the do to ensure that children and families get that integrated evidence on the importance of a healthy pregnancy and support. A number of Members have mentioned that. on the early years is growing. As I have said, the That is only one part of the system, however. The evidence is becoming clearer, which makes it easier to challenge of data sharing was brought up in earlier make the case. It makes it easier for those who make contributions. The sharing of information between NHS decisions about how to structure services to do that services and across the health, education and care system with the confidence that they are doing something that underpins good integrated working. It is not really will make a real difference, and that the consequences of possible to do it without that, and it is important for a poor start for long-term physical and mental health promoting good outcomes. In recent years, there have will be addressed. Government, the NHS, charities and been a number of attempts at a national level to improve others are working well together to take the agenda information sharing, including through specific work in forward, and I know that my hon. Friend the Member foundation years services. for South Northamptonshire will continue to champion As my hon. Friend the Member for South it in Parliament and continue to improve the understanding Northamptonshire and other Members will know, that we all have of this important agenda. the Government commissioned Jean Gross, a former I pay tribute to everyone who has taken part in such a communication champion for children, to explore ongoing good debate. I will follow up a number of points, and I barriers to information sharing in early years and to will of course report back to the Under-Secretary of identify examples of good practice. I reassure my hon. State for Health, my hon. Friend the Member for Central Friend that Ministers from the Department for Education Suffolk and North Ipswich, on the debate that we have and the Department of Health welcome that report and had. I look forward, as do officials in the Department its excellent analysis of the issues on information sharing. of Health, to ongoing, dynamic and constructive Much local good practice is outlined in it, and we are relationship working to take the objectives of this important working with places such as Wigan, Warwickshire and manifesto forward into the future. Hackney to move that agenda forward through the programme to introduce integrated assessment of children aged two to two and a half. We know that there is 3.41 pm variation across local areas, but we are working to try Andrea Leadsom: It is a pleasure to speak under your and understand how to reduce that. chairmanship, Mr Amess. I, too, thank all right hon. The Department for Education’s statutory guidance and hon. Members for their contributions here today. for children’s centres is clear that health services and This has been a very interesting debate. Some particularly local authorities should share information, such as live different aspects of the subject have been raised. My birth data, with children’s centres on a regular basis. hon. Friend the Member for East Hampshire (Damian The Department of Health is taking forward work with Hinds) raised the very important question of social NHS England and others, including the Health and mobility. My hon. Friend the Member for Winchester Social Care Information Centre, to explore how regular (Steve Brine) raised the very important contribution updates of bulk data on live births can be provided to made by Home-Start to the help for families in the vital local authorities, including the benefits of local sharing early years. 367WH Early Childhood Development30 JANUARY 2014 Early Childhood Development 368WH

As I said earlier, I am delighted that the right hon. snowed in. He was due on 15 December, but he decided Member for Dulwich and West Norwood (Dame Tessa to hang around until the 29th, so having cancelled Jowell) has come to the debate to make her own Christmas, I had to reinstate it on Christmas eve. I contribution on the importance of the early years, not remember going to midnight mass and our lovely old just here in the UK but, potentially, in the post-millennium vicar saying, “Can you imagine? There’s the Virgin development goals. That would mean that we were Mary, sitting on a donkey, heavily pregnant.” I was looking at early years intervention right across the thinking, “Yes, let’s not talk about this any more!” world. Other hon. Members have also made very valuable For pregnant women, there are those extraordinary contributions to the debate. sensitivities. We need to imagine things from their viewpoint I shall finish by calling on the Government and all and ensure that we do not provide services at our parties to try to focus on making the perinatal period a convenience. My all-party group had an extraordinary period of holistic support for new families. There are meeting with registrars recently. The registrar in question some examples of superb practice but—rather like the said that it was much more convenient for the registrars situation with Sure Start children’s centres—there is no if people went to the civic centre to register their babies— agreed customer perspective, shall we say. Mums who that it is much more convenient for registrars and are pregnant come in all shapes and sizes—literally—and therefore that is what families should continue to do. from all demographics: all sorts of age groups, ethnic That is not good enough. We have to go to them; we backgrounds, social backgrounds and economic should not expect them to come to us, but at the backgrounds. There are working people and non-working moment that is the case in almost every area of the people. They all have varying needs, but unfortunately perinatal service, even children’s centres. Far too many the provision for the crucial perinatal period tends to be of them expect the families to find them: “If you don’t one size fits all. come to us, you’re hard to reach, so that’s your fault.” A woman is allocated a midwife and then she is stuck We must go to them. with her. If she does not like her, bad luck. She is lucky I urge the Government, in everything that we do and if she sees a health visitor before the baby is born, so in every policy that we put forward, to think about it there is no chance of bonding with someone. Someone from the customer’s perspective. I think that if we look turns up in the woman’s home. This happened to me. I at things from the viewpoint of the mum and, crucially, was in tears at the time. Someone turned up and decided the dad, the baby and the siblings and think about how to take my baby away and give the baby a heel prick we can make the experience of childbirth better for without my permission. To me, it was a case of “You’re them, we will have cracked it. torturing my baby!” I had to be restrained by my Question put and agreed to. husband. Women who have just had a baby or are pregnant are extraordinarily vulnerable, even those of us who like to think that we have got life sorted. Also 3.45 pm with my first-born, I remember that one day we were Sitting adjourned.

39WS Written Statements30 JANUARY 2014 Written Statements 40WS

The Joint Committee undertook a process of pre- Written Statements legislative scrutiny on the draft Deregulation Bill from July to December 2013 and published their report on Thursday 30 January 2014 19 December. As Ministers with responsibility for the Deregulation ATTORNEY-GENERAL Bill, my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) and I welcome the Joint Committee’s Serious Fraud Office (Contingencies Fund Advance) report and would like to thank the Committee for their consideration of the draft Bill. The Government have The Solicitor-General (Oliver Heald): I would like to listened carefully to the recommendations of the Committee inform the House that a cash advance from the and responded accordingly. Contingencies Fund has been sought for the Serious Fraud Office (SFO). Markets for Government Services The SFO has incurred higher than anticipated expenditure and a reserve claim has been agreed by HM Treasury as part of the supplementary estimate 2013-14 The Minister for the Cabinet Office and Paymaster process. General (Mr Francis Maude): The Government are The advance is required to meet an urgent cash determined to ensure there is a vibrant, competitive and requirement on existing services pending parliamentary diverse supply base for public services, with a range of approval of the 2013-14 supplementary estimate. The providers delivering high-quality services. supplementary estimate seeks an increase in both the Over the past few months Serco has engaged resource departmental expenditure limit and the net constructively with the Government following the emergence cash requirement in order to settle material liabilities. of material concerns relating to their contracts with the Parliamentary approval for additional resources of Ministry of Justice. Throughout this period the £19 million will be sought in a supplementary estimate Government’s approach has been rigorous, and on for the SFO. Pending that approval, urgent expenditure 19 December 2013 my right hon. Friend the Secretary estimated at £11 million will be met by repayable cash of State for Justice announced a settlement with Serco advances from the Contingencies Fund. to recompense the taxpayer for £68.5 million, excluding The advance will be repaid upon Royal Assent of the VAT, for the overcharging found in an audit of Ministry Supply and Appropriation (Anticipation and Adjustments) of Justice contracts and to repay past profits of £2 million Bill. from the prisoner escorting contract. Serco has now developed a thorough plan for corporate CABINET OFFICE renewal. Following scrutiny by officials and a detailed review by the oversight group as well as our independent City Deal assurers, Grant Thornton, the Government have accepted this plan represents the right direction of travel to meet our expectations as a customer. The Minister of State, Cabinet Office (Greg Clark): This does not affect any consideration by the Serious Following the successful completion of the first wave of Fraud Office, which acts independently of Government, city deals in July 2012, with the “core cities”the Government in relation to the material concerns previously identified. committed to work with a further 20 cities and their However, the Government are reassured that Serco is wider areas to negotiate a second wave of city deals in committed to act expeditiously on any new information October 2012. emerging from ongoing investigations. I can today inform the House that the Government and university, business and civic leaders in Oxford and The changes that Serco has already made and its Oxfordshire have reached agreement on a city deal. commitment to go further over coming months are positive steps that the Government welcome. However, The Oxford and Oxfordshire city deal will support Serco’s corporate renewal is an ongoing process and the innovation by investing in a network of innovation Government place a strong emphasis on the full and centres at Hanwell, Culham, Begbroke and the Oxford timely implementation of the agreed corporate renewal Bio Escalator. plan. The Crown representative, together with Grant It will invest in three sets of transport projects to ease Thornton, will continue to monitor progress as their congestion and make commuting times shorter, including plan is implemented, reporting to Government on a access improvements to the Science Vale Oxford enterprise regular basis. I hope this will enable our confidence to zone, the A40 approach to Oxford and improved transit continue to build. on the A34. A business support network will be established in Oxfordshire to assist growing businesses. A total of TREASURY 500 additional apprenticeships will be created aimed at supplying the technical skills these businesses need. Corporate Capital Gains Draft Deregulation Bill (Joint Committee’s Report) The Exchequer Secretary to the Treasury (Mr David The Minister for Government Policy (Mr Oliver Letwin): Gauke): I am announcing today the Government’s intention The Government are pleased to announce that their to include in the Finance Bill 2014 a legislative change response to the Joint Committee’s report on the draft to the Taxation of Chargeable Gains Act 1992. This will Deregulation Bill will be published later today. confirm that the targeted anti-avoidance rule preventing 41WS Written Statements30 JANUARY 2014 Written Statements 42WS the use of capital losses in schemes to shelter income DEFENCE profits from corporation tax applies to all arrangements in which a chargeable gain accrues and however the tax deduction is achieved. This change will have effect from Armed Forces Pay Review Body today. HMRC has become aware of artificial arrangements The Secretary of State for Defence (Mr Philip Hammond): where it is argued that these rules do not apply due to I am pleased to announce that I have appointed Mr Timothy the particular way in which the chargeable gain and tax Flesher and Mrs Vilma Patterson as members of the deduction arise. Such an interpretation is contrary to Armed Forces’ Pay Review Body commencing 1 March the original intention that the rule should be of general 2014 until 28 February 2017. These appointments have application to ensure that a company’s capital losses are been conducted in accordance with the guidance of the only used to relieve chargeable gains that arise from Office of the Commissioner for Public Appointments. genuine commercial transactions. The amendment will put it beyond doubt that the rule applies to all arrangements where capital losses are FOREIGN AND COMMONWEALTH OFFICE misused in an attempt to reduce income profits. This confirms the purpose of the rule rather than extend its Afghanistan (Monthly Progress Report) intended scope.

The Secretary of State for Foreign and Commonwealth Affairs (Mr William Hague): I wish to inform the House COMMUNITIES AND LOCAL GOVERNMENT that the Foreign and Commonwealth Office, together with the Ministry of Defence and the Department Local Authorities (Housing Supply) for International Development, is today publishing the 33rd progress report on developments in Afghanistan since November 2013. The Secretary of State for Communities and Local On 20 November, the Independent Election Commission Government (Mr Eric Pickles): The Government have (IEC) announced the final list of 11 candidates running appointed Natalie Elphicke and Councillor Keith House in the 2014 presidential elections following the adjudication to jointly lead the independent review into the role of of complaints by the Independent Electoral Complaints local authorities in housing supply. Commission. The final candidates are Abdullah Abdullah, The review will consider the role that councils can Qutbuddin Hilal, Abdurrab Rasoul Sayyaf, Zalmai Rassoul, play in helping to meet the housing needs of their local Abdul Rahim Wardak, Qayyum Karzai, Ashraf Ghani population, within the context of the need to ensure Ahmadzai, Daoud Sultanzoi, Gul Agha Sherzai, good value for money and fiscal discipline. Mohammad Nader Naim and Hedayat Amin Arsala. There are three female second vice-presidential candidates The review should aim to support stability in the in the final list. The campaign period will begin on local authority housing sector, and take as its context 2 February. recent reforms such as the abolition of the housing revenue account subsidy system, which has given local On 21-25 November, the text of the US/Afghan authorities freedom and responsibility of running their bilateral security agreement (BSA) was put to a Loya own housing businesses. Jirga (Grand Council) for agreement. The Loya Jirga discussed the text before approving it for President The review will include stock holding and non-stock Karzai to sign. President Karzai announced at the holding councils within its remit, and cover councils’ closing of the Loya Jirga that he wanted more time to role in increasing supply for their communities across negotiate the text with the US before signing. To date all tenures. Particular issues to be considered include: the BSA has not been signed. how stock-holding councils are using their new freedoms The UN Office on Drugs and Crime’s (UNODC) under housing revenue account self-financing to support Annual Opium Survey for Afghanistan was published housing supply; on Wednesday 13 November. The survey reported that what more councils could do to support housing supply; poppy cultivation has increased for a third consecutive including: year, reaching 209,000 hectares. Cultivation in Helmand making maximum use of their existing asset base to support increased by 34% to 100,693 hectares. new development through asset sales; The International Development Secretary visited capacity and skills issues in supporting locally-led larger-scale development; Afghanistan in November and announced £18.5 million of new programme funding, some of which will be how councils are using their own land to support their own, or others’, house building; focused on promoting women’s rights. This funding includes £8 million additional support to support the what innovative financing mechanisms councils have used to increase house building while ensuring value for money; 2014 presidential and provincial elections and 2015 parliamentary elections, bringing the total amount of how local authorities can drive efficiency improvements in UK aid for elections to £20 million. The UK is one of their management and development of social housing. the leading donors supporting the electoral process and The review will report by the end of 2014. democracy organisations. The full terms of reference for the review are available On 16 December, the Prime Minister visited Camp at: https://www.gov.uk/government/policy-advisory-groups. Bastion to thank troops for their continued efforts and A copy is also being placed in the Library of the to see first hand the progress in the performance of House. the Afghan National Security Forces (ANSF) and UK 43WS Written Statements30 JANUARY 2014 Written Statements 44WS draw-down activity. While emphasising the challenges This is now a crucial time for Ukraine, and I will that Afghanistan still faces, the Prime Minister paid continue to urge the Government and the opposition to tribute to UK armed forces and stated that they can find a compromise acceptable to all sides, that allows “come home with their heads held high”. the Ukrainian people the secure, prosperous and democratic The Prime Minister was also accompanied by the future they deserve. retired England international footballer, Michael Owen I would like to pay tribute to the overwhelmingly and announced a new UK/Afghan football partnership. peaceful nature of the demonstrations in Ukraine. The The Defence Secretary visited Afghanistan on United Kingdom will continue to monitor the situation 9 November. During his visit he met President Karzai, and make it clear to those concerned that any restrictions the Afghan Minister of Defence, Bismullah Mohammadi, on fundamental rights or abuse of basic human rights and the International Security Assistance Force (ISAF) by the authorities will have serious consequences for the Commander, General Dunford. He was also joined by relationship between Ukraine and the United Kingdom. His Royal Highness the Duke of York on 10 November We are also clear that there is no place for violence, and as part of a poignant Remembrance day service which that all sides should focus on dialogue and confidence was held in Camp Bastion to pay respects to all those building as a basis for finding a way forward. who have been killed while on operations in Afghanistan. On 5 November, Warrant Officer Ian Fisher of 3 Mercian HOME DEPARTMENT Regiment was killed following a joint UK and Afghan national civil order police patrol, which was attacked by Charging Principles Response Document a suicide vehicle-borne improvised explosive device (IED) on the main national highway, Route 611 near Nahr-e Saraj. A further four UK soldiers were wounded in The Minister for Immigration (Mr Mark Harper): action. On 23 December, Captain Richard Holloway of People who need permission to visit the UK and those the Royal Engineers died after coming under enemy fire who want to live, work or study here must pay a fee. It is while on operations. Their deaths are a stark reminder important that we seek input into how we ensure that of the incredible sacrifices made by our armed forces. those who benefit directly from the immigration system The deaths of Warrant Officer Fisher and Captain and enhanced border control contribute appropriately Holloway bring the total number of British fatalities on to its costs in the future. operations in Afghanistan in 2013 to nine. A targeted consultation looking at charging principles was held between 11 November and 3 December 2013. I am placing the report in the Library of the The consultation sought views on how the Home Office House. It will also be published on the gov.uk website charges customers and the services it provides. (www.gov.uk/government/publications/afghanistan- progress-reports). Views were sought from stakeholders who have an interest in the way fees are set, on the consistency and complexity of fees and on premium services. We also Ukraine requested views on proposals on administrative reviews and refunds and how the Home Office interacts with third parties. The Minister for Europe (Mr David Lidington): I wish to update the House on the situation in Ukraine and the Responses to the consultation have been reflected in Government’s response. fee proposals for 2014 where possible and these will be laid in Parliament shortly. Other issues raised as part of Peaceful protests began in Kiev on the evening of the consultation will be considered over the next 12 months. 21 November 2013, as a result of the announcement by A copy of the consultation response document has the Government of Ukraine that they would delay been placed in the Library of the House and on the signature of the EU-Ukraine association agreement. Home Office website. The protests spread and turned violent, particularly after 16 January 2014, when the Ukrainian Parliament passed a series of “anti-protest” laws in a vote that was Justice and Home Affairs Council flawed. These laws limited the right to protest and the democratic space in Ukraine. There have been a number The Secretary of State for the Home Department of deaths and, worryingly, a number of activists have (Mrs Theresa May): The Informal Justice and Home also disappeared. The Ukrainian authorities have made Affairs (JHA) Council was held on 23 and 24 January in hundreds of arrests and there has been evidence of Athens. I attended the interior day on 24 January on mistreatment of protestors by the authorities. Journalists behalf of the United Kingdom. My right hon. Friend seem to have been disproportionately targeted by the the Lord Chancellor and Secretary of State for Justice security forces. was unable to attend the justice day due to commitments Working closely with our international partners, the in Parliament, but he was represented by a senior official. United Kingdom has called for calm on all sides throughout The following items were discussed. the protests. We have also made it clear to the Government The justice day began with a discussion of the future of Ukraine that they bear particular responsibility to development of the justice and home affairs area. refrain from violence. The Foreign Secretary made these There was widespread support among member states points to the Ukrainian Foreign Minister on 24 January. for implementation and consolidation of existing He also told him that the laws passed on 16 January EU legislation, mutual recognition, exploiting new called into question Ukraine’s democratic course. I was technologies, and greater coherence between internal pleased to see on 28 January that the Ukrainian Parliament and external EU justice and home affairs activities. voted to repeal those laws. I hope steps can now be Fundamental rights and minimum criminal procedural taken to address the underlying causes of the protests. standards were also a theme for many member states. 45WS Written Statements30 JANUARY 2014 Written Statements 46WS

The UK supported concentrating on the implementation borders. The UK also suggested that other member of existing EU law rather than creating new legislation, states consider a system using advance passenger and argued against further harmonisation. The presidency information (API) data to implement a “no fly” system, concluded that mutual recognition should remain the as we do. On smart borders, the UK stressed the need basis of judicial co-operation and that existing legislation for joined up co-operation with third countries, in particular needed to be implemented and codified. It also said that Turkey. Finally, the UK offered to share its experience there was a need to make full use of e-Justice and new of legislation to prevent people travelling to conflict technologies, and to have much greater coherence between zones for terrorist purposes. internal and external EU JHA work. The Commission stated that it intends to review the Next, the Commission set out its package of measures implementation of the framework decision on terrorism. on procedural rights in criminal law. The chair of the Several member states were willing to look at amending European Parliament’s LIBE Committee said the package the EU’s legislation on terrorism, in particular in the would be a priority for the new European Parliament. light of new legislation at national level. There were mixed views from those member states who The presidency concluded by calling for the use of all spoke in response, with support expressed in principle available tools to combat terrorism, in particular EU but some concerns raised about the detail of what the PNR and better use of the SIS II system; the smart package would mean in practice. borders package and better co-operation with third Over lunch, the presidency asked for views on the countries also needed to be stepped up. proposed amendments to the European small claims The second session focused on the future development procedure regulation. The UK joined the majority of of the JHA area where the presidency introduced its member states in agreeing that the threshold should rise paper and underlined the importance it attached to the but there was a difference of opinion about what the strategic guidelines being clear about the need for burden new level should be. Most also agreed with the greater sharing in the migration field, and solidarity with those use of electronic communication methods, provided member states under the most pressure. member states retained some discretion in their use. The Commission said that the strategic guidelines on Although not raised by the presidency, some member the future of the JHA area needed to take account of a states also expressed concerns about the proposed changes range of new security and migration challenges. There to the cross-border restriction and the introduction of a was also a need to step up work on counter radicalisation cap on fees. and a number of serious crime areas, including trafficking After lunch there was a discussion on data protection in human beings and cybercrime. The European Asylum and the issue of international transfers of personal Support Office had an important role in supporting data. There was broad support among member states some member states to deal with excessive pressures on for the principle of extending the rights of EU residents their systems. These issues would be considered in more to third countries where possible but also concern among depth at DG Home’s conference on the future of the some delegations, including the UK, about the lack of JHA area on 29 and 30 January. an effective enforcement mechanism outside the EU, The UK highlighted that burden sharing was not the the potential for controllers to be confronted by conflicting solution and that it would simply increase the pull legal obligations and a lack of certainty for data subjects factor. Nor should we call into question the Dublin about their precise rights. The UK maintained that the system, which had only recently been strengthened. focus of effort should be on chapter 5 of the draft Instead, there was a need to strengthen the external regulation, and its rules on international data transfers border and reduce illegal immigration into the EU which are enforceable within the EU. Nonetheless, the through practical co-operation, with a focus on returns presidency concluded that Justice Ministers agreed to and reducing abuse of migration and asylum systems. the geographical scope of the proposed regulation while The UK stated that future JHA priorities should include highlighting that there were issues about enforceability better exchange of criminal records as well as action to outside the EU. Further discussions will now take place tackle trafficking in human beings and modem slavery, at the technical level. where the UK was introducing new legislation. The interior day began with the presidency referring The UK argued that the strategic guidelines should to the tragedy earlier in the week off the island of address the issue of abuse of free movement; in particular Farmakonisi in which a number of migrants died. The the way in which illegal third country migrants and Commission (Malmström) expressed its concern about criminals exploit free movement to circumvent controls the loss of life. on immigration. This was core JHA business and had The first session concentrated on terrorism and border previously been covered in the Stockholm programme. security, including links between terrorism and border In conclusion, the presidency called upon the security, the “smart borders” package and preventing Commission to listen to member states’ views in preparing the movement of fighters to and from conflict zones. its communication. There would be a further discussion The Commission also described the content of its at the March JHA Council. communication on countering radicalisation and violent extremism. Member states and the EU’s counter-terrorism JUSTICE co-ordinator (De Kerchove) broadly welcomed the communication. A large number of member states stressed the importance of making progress on EU passenger Deaths of Service Personnel (Inquests) name records (PNR) and called upon the European Parliament to unblock it. The Minister of State, Ministry of Justice (Simon The UK argued that EU PNR was essential to enable Hughes): I join the Under-Secretary of State for Defence, authorities to track the movements of terrorists across with responsibility for defence personnel, welfare and 47WS Written Statements30 JANUARY 2014 Written Statements 48WS veterans, my hon. Friend the Member for Broxtowe Open inquests (Anna Soubry), in making the latest of our two As of 23 January there are 26 outstanding open Departments’ joint statements to the House, reporting coroner investigations. Of these: progress with inquests into the deaths of service personnel Three are under six months old; on active service overseas. First, we record our deepest gratitude to our service personnel in all their skill, Six are under nine months old; professionalism and courage on behalf of us all. We Seven are under 12 months old; remember those who have given their lives, and we 12 are under 18 months old; think of their families and their loved ones. and 14 are over 18 months old. In this statement we provide information on coroner The Ministry of Defence’s DIU target for completing investigations and inquests which are being conducted inquests is 12 months from the date of death to inquest by the senior coroners for Oxfordshire, for Wiltshire where no separate service inquiry (SI) is held, and 18 and Swindon and for other coroner areas in England months where an SI is held. By way of comparison, the and Wales. The statement gives the position at 23 January average time taken to complete all inquests in England 2014. and Wales in 2012 was 26 weeks. Deaths in Afghanistan We have placed tables in the Libraries of both Houses to supplement this statement. The tables contain As at 23 January 2014, 23 coroner investigations are information about the status of all current cases, including open into the deaths of service personnel in Afghanistan. whether a board of inquiry or a service inquiry has been The senior coroner for Wiltshire and Swindon has or is to be held. retained nine of these, and the senior coroner for Oxfordshire has retained four. Jurisdiction in the remaining As reported in the last statement, Judge Peter Thornton 10 coroner investigations has been transferred to senior QC, the Chief Coroner for England and Wales, has coroners for areas closer to the next of kin. Three created a group of 11 coroners all of whom have hearing dates have been listed. received specialist training to conduct coroner investigations and inquests into some service personnel deaths relating Deaths of service personnel who returned home injured to active service, including preparation and training for Three coroner investigations are open concerning the active service. The Ministry of Defence’s defence inquests deaths of service personnel who returned home injured unit (DIU) assists coroners to complete service personnel and have sadly died from their injuries. Three hearing inquests as thoroughly and as quickly as possible, and dates have been set. will continue working with the Chief Coroner and the We will continue to inform the House of progress. specialist coroners. As previously reported, the Chief Coroner and the Lord Advocate now have in place an agreed protocol to TRANSPORT enable deaths of service personnel killed abroad on active duty to be investigated in Scotland where this is appropriate. This will facilitate the provisions in section Project Management 12 of the Coroners and Justice Act 2009. Once more we express our warm gratitude to all The Secretary of State for Transport (Mr Patrick those who help bereaved families through the inquest McLoughlin): I have today given the Information process. We thank the Chief Coroner, coroners and Commissioner a certificate under section 53 of the their staff who are carrying this work forward. Freedom of Information Act 2000 (“the Act”) both as Most repatriations of service personnel who have it applies for the purposes of the Act itself, and as it died overseas have been to RAF Lyneham in Wiltshire applies to the Environmental Information Regulations and, currently, RAF Brize Norton in Oxfordshire. Since (EIR) 2004 (“the regulations”) by reason of regulation October 2007, the Ministry of Defence and the Ministry 18(6). This certificate relates to the Information of Justice have made extra funding available to the Commissioner’s decision FER0467548 of 6 June 2013 coroners in Wiltshire and Swindon and in Oxfordshire. (“the decision notice”). That decision notice found that The central funding enables those coroners to take the the Cabinet Office had failed to comply with its obligations service personnel inquests forward in balance with the under the EIR in refusing to disclose a project assessment local caseload of the coroner area. review (“PAR”) report concerning High Speed 2 (“HS2”), the project for a high-speed rail link between London, Current status of inquests Birmingham, the east midlands, Sheffield, Leeds and Manchester. A further five inquests into the deaths of service personnel on operations in Afghanistan have been The consequence of my giving the Information concluded since our last statement. In total there have Commissioner this certificate is that the Information been 598 inquests into the deaths of service personnel in Commissioner’s decision notice, which requires the Iraq and Afghanistan or who have returned to the UK November 2011 Major Projects Authority project with injuries sustained on active service and have sadly assessment review report to be disclosed, ceases to have died here. In three cases no formal inquest has taken effect. place. Two of these deaths were taken into consideration A copy of the certificate has been laid before each at inquests into other deaths in the same incidents. In House of Parliament. I have additionally placed a copy the third case, a serviceman died from his injuries in of the certificate and a detailed statement of the reasons Scotland and it was decided not to hold a fatal accident for my decision in the Libraries of both Houses, the inquiry. Vote Office and the Printed Paper Office. 49WS Written Statements30 JANUARY 2014 Written Statements 50WS

My decision to exercise this power of veto in this case In summary, the major projects review was conducted was not taken lightly. I have taken into account the to inform the development of the HS2 project. The statement of Government policy on the use of the public interest in ensuring that projects of this scale, Executive override as it relates to information falling importance and cost are properly controlled and overseen within the scope of section 35(1) of the Act. is very high indeed. The assurance of confidentiality is I have taken into account the views of Cabinet, important in the conduct of the review. In my view, Ministers and the Information Commissioner, in there is nothing in the nature or content of this particular considering both the balance of the public interest in report which outweighs that strong public interest against disclosure and non-disclosure and whether this is an disclosure. exceptional case. My view is that the public interest A detailed explanation of the basis on which I arrived favours non-disclosure. I have also concluded that this at the conclusion that the veto should be used is set out constitutes an exceptional case and that the exercise of in my statement of reasons. this power of veto is warranted. 641W Written Answers30 JANUARY 2014 Written Answers 642W

Mr Goodwill: The Government has set out a new Written Answers to vision for England’s strategic road network in ’Investing in Britain’s Future’ and ’Action for Roads’, committing Questions £10.7 billion to new major projects, and £6 billion for maintenance, over the course of the next Parliament. ’Action for Roads’ sets out the national roads projects Thursday 30 January 2014 that will be delivered after 2015, as part of a long-term funding settlement to 2020-21. The Highways Agency’s route-based strategies will TRANSPORT be the primary means by which the investment priorities for the strategic road network will be identified beyond Curzon Institute those to which the Government is already committed. The investment opportunities identified by the strategies, Jonathan Ashworth: To ask the Secretary of State and the funding required to deliver them up to 2020-21 for Transport what recent contact his Department has at a national and sub-national level, will be determined had with (a) Curzon Education and (b) the Curzon following their completion in March 2015. Institute; what contracts his Department holds with those bodies; and what the value of those contracts is. [185006] WALES Stephen Hammond: The Department for Transport UN Convention on the Rights of the Child has had no contact and holds no contracts with Curzon Education and Curzon Institute. Mr Llwyd: To ask the Secretary of State for Wales Land if he will place in the Library all assessments of new policy and legislation from his Department since Emma Reynolds: To ask the Secretary of State for January 2013 which give due consideration to the UN Transport which sites owned by his Department are Convention on the Rights of the Child. [185204] currently earmarked for disposal; what the current Mr David Jones: In a written ministerial statement to class use is of each site; what the expected planning use Parliament in December 2010, the Government confirmed is for each site; whether each site already has planning its commitment to give due consideration to the UN permission for the expected planning use; what the Convention on the Rights of the Child (UNCRC) Articles market value of the site is; and whether the site will be when making new policy and legislation. sold for the full market value. [184988] As such, the Wales Office is content that all policy Stephen Hammond: I refer the hon. Member to and legislation from this Department since April 2010 the answer given on 28 January 2014, Official Report, does not engage with the Articles of the UNCRC. column 514W, by the Minister for the Cabinet Office and Paymaster General, the right hon. Member for Horsham (Mr Maude). ATTORNEY-GENERAL Railways: Fares European Commission

Steve McCabe: To ask the Secretary of State for Mr Thomas: To ask the Attorney-General if he will Transport what the likely effect on household budgets set out the Law Officers’ Departments’ priorities for of rail price increases coming into effect in January discussions with the European Commission over their 2014 will be. [184866] 2014 Work programme; and if he will make a statement. [185302] Stephen Hammond: Any increase in fares will impact upon household budgets, for this reason we took the The Solicitor-General: I refer the hon. Member to the decision to reduce the average regulated fare rises to answer given by the Minister for Europe, my right hon. RPI plus 0% for 2014, and for the first time in a decade Friend the Member for Aylesbury (Mr Lidington), on regulated fares have not risen on average by more than 29 January 2014, Official Report, column 625W. inflation. Across all rail fares, the increases that came into effect from January 2014 have gone up by an average of 2.8%, which is the lowest fare rise in four years, according to the Rail Delivery Group. PRIME MINISTER Roads European Commission

Nicola Blackwood: To ask the Secretary of State for Mr Thomas: To ask the Prime Minister if he will set Transport (1) what the funding allocation is for Highways out No. 10 Downing Street’s priorities for discussions Agency route based strategies in Oxfordshire; [185194] with the European Commission over their 2014 Work Programme; and if he will make a statement. [185318] (2) what total funding is allocated to Highways Agency route based strategies; [185195] The Prime Minister: I refer the hon. Member to the (3) what the funding allocation is for Highways answer given by the Minister for Europe, my right hon. Agency route based strategies in the South East. Friend the Member for Aylesbury (Mr Lidington) on [185196] 29 January 2014, Official Report, column 625W. 643W Written Answers30 JANUARY 2014 Written Answers 644W

DEFENCE £

Publications 2013-14 154,878,400 2014-15 154,878,400 Nicholas Soames: To ask the Secretary of State for The radio spectrum fees for financial year 2015-16 Defence if he will place in the Library a copy of his have yet to be agreed and are subject to on-going Department’s new Finance and Military Capability negotiations with HM Treasury. Operating Model. [184237] Nicholas Soames: To ask the Secretary of State Mr Francois: A copy of the Financial Military Capability for Defence what progress his Department is making Target Operating Model (FMC TOM) version 3 will be with the sale of (a) 2.3GHz and (b) 3.4GHz placed in the Library of the House. The right hon. electromagnetic spectrum bands; and if he will make a Member should be aware that the TOM is a live document statement. [185102] and will be updated and developed as the FMC construct Mr Dunne: As I announced on 13 September 2013, matures and the Levene Delegated Model becomes a the communications regulator, Ofcom, is conducting fully operational reality on 1 April 2014. the release process of the Ministry of Defence’s (MOD) radio spectrum in the 2.3 GHz and 3.4 GHz bands. Radar: Hebrides Ofcom has already conducted a six-week ″Call for Inputs″ consultation seeking the views of interested Mr MacNeil: To ask the Secretary of State for parties and will shortly be publishing its technical Defence (1) on what date his Department allocated coexistence proposals. Ofcom has indicated that the funding to permit the contract process to begin for the earliest the spectrum could be awarded would be in North Uist air defence radar upgrade; [185276] financial year 2015-16. In the meantime, the MOD is progressing with its work to clear existing military/ (2) on what date his Department decided that money Government users from the 2.3 GHz and 3.4 GHz would need to be allocated to fund the upgrade of the bands. air defence radar on North Uist. [185277]

Mr Dunne: The Ministry of Defence allocated funding BUSINESS, INNOVATION AND SKILLS for the Remote Radar Head (RRH) Benbecula (North Uist) upgrade at the time the contract was signed in Environment Protection: Taxation November 2013. Alex Cunningham: To ask the Secretary of State for The Department has known for many years that RRH Business, Innovation and Skills if he will make Benbecula would need to be upgraded as it approaches representations to the Chancellor of the Exchequer to the end of its expected life. The receipt of a formal suspend any planned increase in the carbon price floor proposal to upgrade RRH Buchan in summer 2013 until the EU Commission approves the UK’s presented an opportunity to preserve fleet commonality, application for state aid approval for support to energy and therefore the Department decided to upgrade RRH intensive industries. [184875] Benbecula also. Michael Fallon: Ensuring UK industry remains globally Radio Frequencies competitive is a priority for this Government. I am concerned about the impact of the carbon price floor on energy intensive industries and I met with Vice Nicholas Soames: To ask the Secretary of State for President Almunia and his Commission officials on Defence how much his Department paid in radio 29 January to press the Commission for a quick decision spectrum fees in each year between 2009-10 and on state aid approval. 2012-13. [185097] EU External Trade Mr Dunne: The Ministry of Defence paid the following amounts in radio spectrum fees: Andrew Rosindell: To ask the Secretary of State for Business, Innovation and Skills what discussions he has £ had with his EU counterparts on EU free trade agreements. [184513] 2009-10 58,430,709 2010-11 63,382,464 Michael Fallon: The Secretary of State for Business, 2011-12 154,878,400 Innovation and Skills, the right hon. Member for 2012-13 154,878,400 Twickenham (Vince Cable), regularly meets with his EU counterparts to discuss a range of issues including EU free trade agreements. Nicholas Soames: To ask the Secretary of State for European Commission Defence how much his Department expects to pay in radio spectrum fees in each financial year between Mr Thomas: To ask the Secretary of State for 2013-14 and 2015-16. [185100] Business, Innovation and Skills if he will set out his Department’s priorities for discussions with the European Mr Dunne: The Ministry of Defence will be paying Commission over their 2014 Work Programme; and if the following amounts in radio spectrum fees: he will make a statement. [185301] 645W Written Answers30 JANUARY 2014 Written Answers 646W

Michael Fallon: I refer the hon. Member to the answer Jim Dobbin: To ask the Secretary of State for given by the Minister for Europe, my right hon. Friend Business, Innovation and Skills what assessment he the Member for Aylesbury (Mr Lidington) on 29 January has made of the effects on the universal postal 2014, Official Report, column 625W. service of the extension of end-to-end delivery services by companies other than the universal service provider. Mailing Preference Service [185263] Jenny Willott: Under the Postal Services Act 2011, Mr Godsiff: To ask the Secretary of State for Parliament transferred regulatory responsibility for the Business, Innovation and Skills what estimate his postal services sector from Postcomm to Ofcom as an Department has made of the number of people who independent regulator and gave Ofcom the primary have chosen to use (a) Royal Mail’s opt-out scheme duty of securing the universal postal service in the and (b) the mailing preference service. [185118] United Kingdom. It is Ofcom’s responsibility to monitor any impacts Jenny Willott: BIS has not made any estimates on the of market competition on the provision of the universal number of people who have chosen to use Royal Mail’s service in the UK. Parliament has given Ofcom the opt-out scheme or the Mailing Preference Service. powers to intervene if the provision of the universal Government has made sure that UK consumers can service is ever at serious risk from the effects of postal at any time choose to stop receiving unwanted mail. competition. Preference services have been put in place for any one Ofcom has an effective and ongoing monitoring regime who does not want to receive unsolicited mail-addressed to track the financial sustainability of the universal and unaddressed. Registering with such services is free postal service. In March 2013 Ofcom published guidance and simple. on its approach to assessing the impact of end-to-end competition in the postal sector. More information about these services can be found on the Mailing Preference Service website In its November 2013 annual monitoring report Ofcom considered www.mpsonline.org.uk ″it is not necessary to impose any additional regulatory conditions on end-to-end operators to secure the ongoing provision of a Postal Services: Competition universal postal service at this point in time″. If Ofcom’s ongoing monitoring regime does not prompt Ian Murray: To ask the Secretary of State for the need for any earlier assessment, it will carry out a Business, Innovation and Skills what recent discussions full review of the impact of market competition towards he has had with (a) Ofcom and (b) Consumer Futures the end of 2015 as a matter of course. This will ensure on the effect of end-to-end competition in the postal that the regulator has made a detailed assessment of the market on the universal postal service. [185187] actual and potential impact of emerging end-to-end competition based on a better understanding of how Jenny Willott: BIS Ministers and officials meet with the postal market is developing. More information about representatives from Ofcom and Consumer Futures on Ofcom’s regulatory regime can be found on its website an intermittent basis to discuss a wide range of issues, www.ofcom.org.uk including developments within the postal services market. Research: West Midlands It is Ofcom’s responsibility as the independent regulator for postal services in the UK to monitor any impacts of Mr Byrne: To ask the Secretary of State for Business, market competition on the provision of the universal Innovation and Skills what publicly-funded research service in the UK. Parliament has given Ofcom the budgets are ongoing at universities in the West powers to intervene if the provision of the universal Midlands. [185186] service is ever at serious risk from the effects of postal Mr Willetts: Universities in the West Midlands receive competition. public research funding through the dual support system. Ofcom has an effective and ongoing monitoring regime These are the Quality Research (QR) allocation from to track the financial sustainability of the universal the Higher Education Funding Council for England postal service. In March 2013 Ofcom published guidance (HEFCE) and research grant funds from the seven UK on its approach to assessing the impact of end-to-end research councils. Information on QR allocations is competition in the postal sector. In its November 2013 publicly available on the HEFCE website: annual monitoring report Ofcom considered ″it is not http://www.hefce.ac.uk/whatwedo/invest/institns/annallocns necessary to impose any additional regulatory conditions Information on historic research grant funding is on end-to-end operators to secure the ongoing provision publicly available on the Higher Education Statistics of a universal postal service at this point in time″. Agency website: If Ofcom’s ongoing monitoring regime does not prompt http://www.hesa.ac.uk/content/view/1897/239 the need for any earlier assessment, it will carry out a The Research Councils collectively spent £101 million1 full review of the impact of market competition towards within the West Midlands in financial year 2012/13, the end of 2015 as a matter of course. This will ensure within the following institutions: that the regulator has made a detailed assessment of the 1 Data covers expenditure on standard grants, Studentships, actual and potential impact of emerging end-to-end Fellowships and Training Grants. competition based on a better understanding of how Aston University the postal market is developing. More information about Birmingham City University Ofcom’s regulatory regime can be found on its website: Coventry University www.ofcom.org.uk Harper Adams University College 647W Written Answers30 JANUARY 2014 Written Answers 648W

Keele University the UK. Parliament has given Ofcom the powers to Staffordshire University intervene if the provision of the universal service is ever University of Birmingham at serious risk from the effects of postal competition. University of Warwick Vetting: Scotland University of Wolverhampton Graeme Morrice: To ask the Secretary of State for Science: Finance Business, Innovation and Skills what recent discussions he or Ministers in his Department have had with Mr Byrne: To ask the Secretary of State for Business, Ministers in the Scottish Government on the blacklisting Innovation and Skills what his forecast outturn for of Scottish workers. [185128] science spending is in (a) 2013-14 and (b) 2014-15. [185184] Jenny Willott: There have not been any such discussions between Ministers in the Department for Business, Mr Willetts: The Department published allocations Innovation and Skills and the Scottish Government on for the periods concerned in the booklet ″The Allocation the blacklisting of Scottish workers. of Science and Research Funding 2011-12 to 2014-15″ Graeme Morrice: To ask the Secretary of State for (20 December 2010): Business, Innovation and Skills what recent meetings https://www.gov.uk/government/publications/allocation-of- his Department has had where the blacklisting of science-and-research-funding-2011-12-to-2014-15 Scottish workers has been discussed. [185129] The Department has also announced additional allocations since the spending review through fiscal Jenny Willott: The Department has not had any events totalling £514 million in 2013-14 and £609 million meetings to discuss the blacklisting of Scottish workers. in 2014-15. This figure includes resource for projects announced at the autumn statement, 5 December 2013, Official Report, columns 1101-1113. JUSTICE The outturn for each financial year is published in the Bail Public Expenditure Outturn White Paper and the BIS annual accounts, available on: Mr Thomas: To ask the Secretary of State for Justice (1) how many and what proportion of people aged 21 www.gov.uk and over and suspected of burglary on non-residential after the end of each financial year. premises received police bail in the last two years by Students: Loans (a) police force and (b) region; and if she will make a statement; [180914] Mr Byrne: To ask the Secretary of State for Business, (2) how many and what proportion of people aged Innovation and Skills if he will place a copy of the under 21 years who were suspected of street robbery model used to forecast revenue from student loan received police bail in the latest two years for which figures are available (a) by region, (b) by police force payments in the Library. [185133] and (c) in total; and if she will make a statement. Mr Willetts: We have published a simplified version [180915] of the student loan repayments model on our website Damian Green: Data concerning the number of which demonstrates how we forecast repayments from individuals placed on police bail in England and Wales student loans. This was updated in December 2013 to is not held centrally. take account of the new macro-economic forecasts published by the Office for Budgetary Responsibility. Employment and Support Allowance: Appeals Here is a link to the published model: Mr Ainsworth: To ask the Secretary of State for https://www.gov.uk/government/publications/simplified-student- Justice how many appellants in (a) Coventry, (b) the loan-repayment-model West Midlands and (c) England are waiting for the TNT Tribunals Service to list their first-tier tribunal social security and child support appeal in respect of employment and support allowance. [183520] Ian Murray: To ask the Secretary of State for Business, Innovation and Skills what recent discussions Mr Vara: The First-tier Tribunal-Social Security and he has had with TNT on extending end-to-end postal Child Support (SSCS), administered by HM Courts services in (a) Liverpool, (b) Manchester, (c) Glasgow, and Tribunals Service (HMCTS), hears appeals against (d) Birmingham, (e) Edinburgh and (f) other areas of Department for Work and Pensions’ (DWP) decisions the UK. [185185] on a range of benefits including employment and support allowance (ESA). Jenny Willott: Ministers in the Department of Business, There are always a number of ‘live’ appeals at the Innovation and Skills have not had any discussions with various stages of processing before being listed for a TNT Post on its plans to extend its end-to-end operations tribunal hearing. The live load also includes appeals in the UK. BIS officials meet with representatives from which may not require a final hearing or have had an TNT on an intermittent basis to discuss a wide range of initial hearing but have not had a final decision. issues, including developments in the postal market. Appeals to the SSCS Tribunal are registered in the It is Ofcom’s responsibility as the independent regulator processing centre in the region where the appellant lives, for postal services to monitor any impacts of market and the data on the load broken down by benefit can be competition on the provision of the universal service in provided at the level of these processing centres. 649W Written Answers30 JANUARY 2014 Written Answers 650W

At September 2013 (the most recent period for which All 2012-13 costs except capital depreciation and statistics have been published) there were a total of payroll are taken directly from the finance system. 2,286 ESA appeals waiting to be heard in the Coventry Capital depreciation is taken from a separate fixed venues. For the West Midlands this figure is 15,8171 and assets database and payroll costs have been provided by for England 130,252. the central judges’ lodgings team. In 2011-12, ESA appeal receipts at Coventry were The most serious and complex cases, both criminal 1,896; West Midlands 18,957; and England 145,625. In and civil, are heard by High Court judges in courts near 2012-13 these rose to 3,025, 33,958 and 200,850 respectively. to where the events took place and in a place most To meet this increased demand, HMCTS has increased convenient to parties and witnesses. High Court judges the capacity of the Tribunal. For example, the number are based in London and need accommodation, often of hearing rooms in Coventry has doubled. for long periods of time, when they hear cases outside 1 West Midlands includes appeals heard at Birmingham, Coventry, London. Hereford, Kidderminster, Leamington Spa, Nuneaton, Shrewsbury, Legal Aid Scheme: Sexual Offences Solihull, Stoke, Walsall, Wolverhampton and Worcester venues. Note: Mark Hendrick: To ask the Secretary of State for The above data arc taken from management information in line Justice what assessment he has made of the potential with published statistics. Although care is taken when processing effect of changes to legal aid on the sentencing of those and analysing the data, the details are subject to inaccuracies convicted of sexual offences. [183301] inherent in any large-scale reporting system and is the best data available. Mr Vara: The Government’s reforms of the legal aid scheme will not have an impact on sentencing for any Hewell Prison type of offence. Karen Lumley: To ask the Secretary of State for Magistrates Justice what assessment his Department has made of Dan Jarvis: To ask the Secretary of State for Justice the number of deaths at HM Prison Hewell in the last whether he is monitoring the number of lay magistrates 10 years. [184865] who choose to leave the magistracy. [184492] Jeremy Wright: The number of deaths at HMP Hewell Mr Vara: Magistrates in England and Wales play a are published annually in Table 3.18 of the National vital role in our judiciary. They deal with around 19 out Statistics Safety in Custody series. These statistics currently of every 20 defendants in criminal cases. Crime is cover the period up to 2012 and can be found at: falling and the number of magistrates should reflect the https://www.gov.uk/government/collections/safety-in-custody- level of work available and we ensure a sufficient number statistics of magistrates are recruited to meet this demand. Internet: Bullying The Judicial Office routinely collates data on the number of magistrates who resign. Paul Maynard: To ask the Secretary of State for Written Questions Justice under what legislation cyber-bullying offences are currently prosecuted; and how many prosecutions Alex Cunningham: To ask the Secretary of State for for cyber-bullying have been undertaken in each year Justice how many named day parliamentary questions since 2010. [181618] sent to his Department were answered after the day named without a holding letter being sent in each Damian Green: The Government is determined to session of Parliament since 2010. [183119] deal robustly with cyber-bullying, which can have appalling effects on its victims’ lives. Offences can be prosecuted Mr Vara: It would incur disproportionate costs to under a wide range of legislation, including the Malicious provide this information, since this would require a Communications Act 1988, the Communications Act manual trawl of each individual parliamentary question 2003, the Protection from Harassment Act 2007 and the response from the beginning of the last two Sessions to Public Order Act 1986. Each of these offences is used date. for a variety of purposes, and it is not possible to distinguish the figures for cyber-bullying from other circumstances in which the legislation might be used. HEALTH Abortion Judges: Housing Fiona Bruce: To ask the Secretary of State for Health Mr Spellar: To ask the Secretary of State for Justice in how many cases in which an abortion was certified what the cost of providing judge’s lodgings was in the under ground C the woman seeking the abortion had latest period for which figures are available. [181469] met the authorising medical practitioner in each year since 2001; and what proportion of the total such cases Mr Vara: The total cost of accommodating High were in each year. [184412] Court judges in lodgings for 2012-13, the latest period for which figures are available, was £5,232,600. The Jane Ellison [holding answer 27 January 2014]: During Justice Secretary and Lord Chief Justice are reviewing the process of answering this parliamentary question the spend on judges’ lodgings. The review will look at the Department of Health has identified an issue with suitable and appropriate accommodation for High Court extracting data from the HSA4 form. This means that it judges sitting on cases away from their base in the Royal is not possible to specify in how many cases the authorising Courts of Justice; satisfactory working conditions and doctor met and/or examined the woman seeking the privacy; appropriate levels of security; and value for abortion. Officials are now reviewing the data collection money for the Ministry of Justice and the taxpayer. processes. 651W Written Answers30 JANUARY 2014 Written Answers 652W

This also corrects the information given to the Jane Ellison: The measures in the Crime and Courts hon. Member for Gainsborough (Sir Edward Leigh) on Act 2013 which increase police powers to tackle drug 13 January 2014, Official Report, column 403W. driving are designed to improve road safety. Officials from the Department are working closely with those in Curzon Institute the Department for Transport to ensure that there are no unintended consequences for either patients taking Jonathan Ashworth: To ask the Secretary of State for medication or for those prescribing specified drugs. Health what recent contact his Department has had Fast Food with (a) Curzon Education and (b) the Curzon Institute; what contracts his Department holds with Luciana Berger: To ask the Secretary of State for those bodies; and what the value of those contracts is. Health pursuant to the answer of 24 January 2014, [185000] Official Report, column 347W, on fast food, which Ministers attended the meetings on (a) 7 March 2013 Dr Poulter: We do not hold any contracts with either and (b) 5 July 2013; and what was discussed at each Curzon Education or the Curzon Institute. such meeting. [185287] There is no recorded correspondence between the Jane Ellison: The then Parliamentary Under-Secretary Department and these two companies. We are unaware of State for Public Health, my hon. Friend the Member of the existence of any dialogue with these companies. for Broxtowe (Anna Soubry), attended the meetings To conduct a full search across the Department would with McDonald’s on 7 March, 2013 and Burger King incur disproportionate costs. on 5 July 2013. Discussion focussed on the two companies’ contributions to the Public Health Responsibility Deal Dementia Food Network pledges. McDonald’s is signed up to three Food Network Glyn Davies: To ask the Secretary of State for Health pledges—out of home calorie labelling, non-use of artificial what assessment he has made of the cost of caring trans fats and salt reduction in catering: procurement. for patients in the acute care setting who suffer from Burger King is signed up to two Food Network dementia; and what number of acute care beds are pledges—out of home calorie labelling and non-use of occupied by patients with dementia. [185040] artificial trans fats. Fats Norman Lamb: We have made no estimate of the cost of caring for patients with dementia in acute hospitals. Luciana Berger: To ask the Secretary of State for It is estimated that around a quarter of hospital beds Health what recent assessment he has made of the are occupied by people with dementia. effects of trans fats on public health. [185284] Jane Ellison: The Scientific Advisory Committee on Dialysis Machines Nutrition (SACN), a committee of independent experts who advises the Government on nutrition issues, examined Rosie Cooper: To ask the Secretary of State for the evidence on trans fats and health in 2007. The Health how many dialysis units in England provide the SACN concluded that trans fats from partially hydrogenated full range of treatments for end stage renal failure. oils has a moderate impact on increasing the risk of [185188] coronary heart disease and, for this reason, recommended that trans fats should contribute no more than 2% of Jane Ellison: There are currently 52 renal referral food energy.The Government has kept abreast of emerging centres in England that have an integral haemodialysis evidence including evaluations by international bodies unit. such as the World Health Organisation and the European NHS England is responsible for commissioning Food Safety Authority which are broadly consistent specialised services and treatment for people with end with SACN’s conclusions. The average intakes are currently stage renal failure. NHS England’s “Renai dialysis: well within current public health guidelines. hospital and satellite (adult)” service specification sets General Practitioners out that in-centre haemodialysis should be offered to any patient with end stage renal failure if it is deemed Richard Burden: To ask the Secretary of State for that the patient will benefit from treatment. Health what the average time waiting to be seen is NHS England’s service specification makes it clear for GP appointments in (a) Birmingham South that one of the aims of the service is to deliver access to Central clinical commissioning group and (b) clinical high quality services and appropriate treatment for commissioning groups in England. [185240] patients with end stage renal failure, across England. Jane Ellison: The requested information is not collected The specification can be found at the following link: centrally. www.england.nhs.uk/wp-content/uploads/2013/06/a06-renal- dia-hosp-sat-ad.pdf Infectious Diseases Teresa Pearce: To ask the Secretary of State for Driving Under Influence: Drugs Health what comparative assessment his Department has made of the likelihood of a (a) homeless person Angela Smith: To ask the Secretary of State for and (b) member of the general population being infected Health what assessment his Department has made of with (i) active pulmonary tuberculosis, (ii) HIV, the potential effect of drug driving legislation on (iii) chronic hepatitis B infection and (iv) chronic HCV patients; and if he will make a statement. [184856] infection. [184783] 653W Written Answers30 JANUARY 2014 Written Answers 654W

Jane Ellison: The assessment of the likelihood of a Jane Ellison: Renal transplantation is now commissioned homeless person and a member of the general public centrally by NHS England as a directly commissioned being infected with active pulmonary tuberculosis (TB), specialised service. The specification for renal HIV, chronic hepatitis B infection and chronic hepatitis transplantation published by NHS England outlines C infection is as follows: the outcomes required of the service. This specification The incidence of pulmonary TB in the general population now forms part of the service contracts with renal in 2012 was 7.2/100,000. 3.8% of the cases of active transplant providers. A copy of the specification is pulmonary TB notified in 2012 had a history of available on the NHS England website at: homelessness. As we do not have reliable figures for the www.england.nhs.uk/wp-content/uploads/2013/06/a07-renal- size of the homeless population, we cannot calculate transpl-ad.pdf the incidence of pulmonary TB in the homeless population. As with all of the service specifications for specialised However, a study in London in 2003 estimated that the services, compliance of the transplant unit to the expected prevalence of TB in the homeless population was nearly outcomes of the specification will be monitored by the 30 times as high as in the general population1. area team. In 2012, an estimated 98,400 people were living with It is also a requirement that the transplant unit HIV in the United Kingdom (diagnosed and undiagnosed), adheres to the standards and guidance listed in section representing an overall prevalence of 1.5 per 1,000 3 of the specification, which is a comprehensive list of population. The likelihood of being infected with HIV applicable nationally agreed standards and guidelines in the UK is therefore one in 667. No information is for the service. There is a further requirement in the collected on homelessness in the HIV data systems. service specification that the transplant unit submits Our estimates of the prevalence of chronic hepatitis data to the Renal Registry and NHS Blood and Transplant. B and C infection in the UK adult population are 0.3% This data is reviewed and any outliers from the mean and 0.4%, respectively.Homeless people are more vulnerable are highlighted. NHS England works in close partnership to a wide range of infections than the rest of the general with both the Renal Registry and NHS Blood and population. Studies of chronic hepatitis B and C in the Transplant. In the coming contract year, a quality UK homeless population are limited, but a recent survey dashboard will be added for transplant units to complete of people who inject drugs found that those who had which will be an additional tool for monitoring performance ever been homeless were more likely to have a chronic of transplant units. hepatitis C infection (32%) than those that were in stable accommodation (26%)2. 1 Story A, Murad S, Roberts W, Verheyen M, Hayward AC. Land Tuberculosis in London: the importance of homelessness, problem drug use and prison. Thorax 2007;62:667-71. Emma Reynolds: To ask the Secretary of State for 2 Health Protection Agency, Health Protection Scotland, National Health which sites owned by his Department are Public Health Service for Wales, CDSC Northern Ireland, CRDHB. currently earmarked for disposal; what the current Shooting Up: Infections among injecting drug users in the United Kingdom 2008. London: Health Protection Agency, October 2009. class use is of each site; what the expected planning use is for each site; whether each site already has planning Kidneys: Transplant Surgery permission for the expected planning use; what the market value of the site is; and whether the site will be Rosie Cooper: To ask the Secretary of State sold for the full market value. [184984] for Health what measures are in place to monitor the performance of renal units in managing kidney Dr Poulter: The Department owns the following larger transplant recipients. [185189] sites which are currently earmarked for disposal.

Site to be sold for Site Use Expected planning use Planning permission Book value (£) full market value

Warwick Cottage, Residential Residential Application made 75,000 Yes Melton Mowbray Part Kingsley Green Hospital Residential No 21,572,500 Yes Hospital, Radlett Part Lea Castle. Hospital Residential No 520,000 Yes Hospital, Kidderminster Part Little Hospital Residential Application made 2,575,000 Yes Plumstead Hospital, Norwich Land at Bob Dunn Open land Residential No 850,000 Yes Way, Dartford Land at Elmfield Open land Residential Application made 1,670,750 Yes Way, London N3 Land at Racecourse Open land Residential Part 1,950,000 Yes Lane, Shrewsbury Former Meacham Day centre Residential No 380,000 Yes Clinic, Milton Keynes 655W Written Answers30 JANUARY 2014 Written Answers 656W

Site to be sold for Site Use Expected planning use Planning permission Book value (£) full market value

Land at Harp’s Open land Residential Yes 1,100,000 Yes Close, Sunbury Land adjoining Open land Residential Mo 75,000 Yes Bucknall Hospital, Bucknall Land at Marshall’s Open land Residential No 400,000 Yes Cross Road, St Helen’s Land at Rooley Open land To be determined No 566,500 Yes Avenue, Bradford

Medical Records: Databases Norman Lamb: The number of admissions to the Cumbria Partnership NHS Foundation Trust by primary care trust (PCT) of residence in 2012-13 is shown in the Mr Cox: To ask the Secretary of State for Health following table. what estimate he has made of the number of people who have opted out of the NHS National database and PCT Admissions the availability of their records to the Health and Social Care Information Centre. [184919] Total 1,140

Dr Poulter: An estimate of the number of objections 5NE Cumbria Teaching PCT 1,071 is not currently available. The Health and Social Care Information Centre (HSCIC) 5NF North Lancashire Teaching PCT 18 will record the number of patient objections made at 5P2 Bedfordshire PCT 1— each general practitioner practice. Where there appears 7A1 Betsi Cadwaladr University Lhb 1— to be a high number of objections relative to the national 5HP Blackpool PCT 1— average, NHS England and the HSCIC will work with 5QN Bournemouth And Poole Teaching PCT 1— the British Medical Association and the Royal College 1 of General Practitioners to review the data. 5QJ Bristol PCT — 5JX Bury PCT 1— 5NG Central Lancashire PCT 1— Mr Cox: To ask the Secretary of State for Health 5ND County Durham PCT 1— what assessment he has made of the ability of the 5J9 Darlington PCT 1— Health and Social Care Information Centre to ensure 1 the anonymity of NHS patients when sharing data with 5N6 Derbyshire County PCT — 1 third parties. [184920] 5QH Gloucestershire PCT — 5NM Halton and St Helens PCT 1— 1 Dr Poulter: The Health and Social Care Information 5C9 Haringey Teaching PCT — Centre (HSCIC) is committed and legally bound to the 5QV Hertfordshire PCT 1— very highest standards of privacy, security and 5LD Lambeth PCT 1— confidentiality to ensure that confidential information 5NV North Yorkshire and York PCT 1— is protected at all times. There are very strict rules about 5QE Oxfordshire PCT 1— what information the HSCIC can release to the national 5NJ Sefton PCT 1— health service and outside organisations. 5M1 South Birmingham PCT 1— The HSCIC makes data available in three formats: 5PK South Staffordshire PCT 1— personal confidential data, pseudonymous data, and 5PS Surrey PCT 1— anonymous data. Each format is protected by a different TAL Torbay Care Trust 1— suite of privacy safeguards as described in the Information 1 Commissioner’s “Code of Practice on Anonymisation”. 5J2 Warrington PCT — No personal confidential data are ever disclosed without 5P6 West Sussex PCT 1— a legal basis for doing so, such as the patient’s explicit 5QK Wiltshire PCT 1— consent. Unknown PCT 13 1 Denotes the value has been suppressed due to small numbers (1-5). Mental Health Services: Cumbria Notes: 1. The figures presented relate to activity (admissions) rather than people. John Woodcock: To ask the Secretary of State for 2. Data are not collected on the reasons why an admission of a patient Health on how many occasions patients from other from out of area has taken place. These can be for a variety of areas were admitted to inpatient psychiatric facilities reasons, including patients being taken ill when on holiday or visiting run by NHS Cumbria due to a shortage of beds another area, the need for specialist treatment, or the unavailability of beds closer to home. elsewhere in the last 12 months for which figures are Source: available; and from which trust areas these patients Health and Social Care Information Centre Mental Health Minimum were transferred. [185293] Dataset (MHMDS) annual file 2012-13. 657W Written Answers30 JANUARY 2014 Written Answers 658W

Mesothelioma Projected deaths

Mr Nicholas Brown: To ask the Secretary of State 2015 2,479 for Health pursuant to the answer of 14 January 2014, 2016 2,494 Official Report, column 696, on mesothelioma, how 2017 2,500 many mesothelioma cases were treated by the NHS in 2018 2,503 each previous year for which information is available; 2019 2,496 and what estimate his Department has made of the 2020 2,481 likely number of mesothelioma cases diagnosed in each 2021 2,459 future year. [184795] 2022 2,429 Jane Ellison: The following table provides information 2023 2,392 concerning the number of finished admission episodes 2024 2,353 (FAEs) with a primary diagnosis of mesothelioma for 2025 2,298 the years 1995-96 to 2012-13 and refers to the number 2026 2,238 of cases treated by the NHS. This could include episodes 2027 2,171 of multiple treatment for the same individual. 2028 2,092 2029 2,012 FAEs 2030 1,927 2031 1,845 1995-96 1,890 2032 1,759 1996-97 2,236 2033 1,656 1997-98 2,643 2034 1,560 1998-99 3,356 2035 1,461 1999-2000 3,728 2036 1,366 2000-01 3,876 2037 1,254 2001-02 3,986 2038 1,158 2002-03 3,941 2039 1,077 2003-04 4,822 2040 1,010 2004-05 4,784 2041 949 2005-06 5,458 Notes: 2006-07 5,676 1. The latest update of the project was produced in August 2013 and is 2007-08 5,960 based on statistical modelling of mesothelioma deaths up to and 2008-09 6,316 including the year 2010. The results suggest that annual deaths will 2009-10 6,463 peak towards the end of the decade and then start to fall reflecting a reduction in asbestos exposures following its peak use in the 1960s 2010-11 6,488 and 1970s. 2011-12 7,348 2. The statistical model used for these projections provides a reasonable 2012-13 7,711 basis for making relatively short-term future predictions of mesothelioma Notes: mortality in Britain, including the extent and timing of the peak 1. Activity in English NHS Hospitals and English NHS commissioned number of deaths. Longer-term projections can also be made but are activity in the independent sector. associated with considerable uncertainty. 2. A FAE is the first period of inpatient care under one consultant NHS: Redundancy within one health care provider. FAEs are counted against the year or month in which the admission episode finishes. Admissions do not Mr Nicholas Brown: To ask the Secretary of State for represent the number of inpatients, as a person may have more than Health pursuant to the answer of 28 November 2013, one admission within the period. 3. Hospital episode statistics figures for the count of FAEs with a Official Report, column 416W, on NHS: redundancy, primary diagnosis of mesothelioma are available from 1995-96 onwards. for what reasons the information is not available from Changes to the figures over time need to be interpreted in the context the date requested. [184794] of improvements in data quality and coverage (particularly in earlier years), improvements in coverage of independent sector activity Dr Poulter: Parliamentary Question 177460 replied (particularly from 2006-07) and changes in NHS practice. For example, to on 28 November 2013, Official Report, column 416W, changes in activity may be due to changes in the provision of care. asked for information on redundancies and re-employment The Department has made no estimate of the likely in the national health service from May 2013. Given number of mesothelioma cases diagnosed in each future that this request related to a very recent time, published year. data on NHS redundancies was only available for a However, the Health and Safety Executive’s (HSE) small proportion of the time period. Furthermore, part latest projections of annual mesothelioma deaths in of the question related to re-employment to other forms Great Britain over the 30-year period, 2012-41, based of health care contracted to the NHS and the Department on statistical modelling of data from the HSE mesothelioma holds no information on this. register, are shown in the following table. Older People: Mental Capacity Most people diagnosed with mesothelioma will die within three years of a diagnosis. Glyn Davies: To ask the Secretary of State for Health with reference to the report by the Care and Quality Projected deaths Commission published on 20 January 2014, what assessment he has made of the effect of changes in the 2012 2,406 number of applications for restrictions on the liberty of 2013 2,436 elderly patients under the Mental Capacity Act 2008. 2014 2,462 [185081] 659W Written Answers30 JANUARY 2014 Written Answers 660W

Norman Lamb: The recent report by the Care Quality Operational programme Total (million Euros) Commission was about the Deprivation of Liberty safeguards. These are safeguards which ensure that any Yorkshire and Humberside 583.6 deprivation of liberty is carried out in a person’s best North East 375.7 interests. The report shows greater use of these safeguards, East Midlands 268.5 as care homes understand them better and use them West Midlands 399.9 more. East of England 111.0 The safeguards result in increased scrutiny of care London 181.9 plans for elderly people with dementia. The Department South East 23.7 welcomes greater awareness of when the safeguards South West 124.7 should be used and welcomes a greater focus on promoting Total 3,282.9 the liberty of older people with dementia. Tuberculosis I refer the hon. member to the written ministerial statement given by the Secretary of State for Business, Teresa Pearce: To ask the Secretary of State for Innovation and Skills, the right hon. Member for Health what estimate his Department has made of the Twickenham (Vince Cable), on 27 June 2013, Official prevalence of active pulmonary tuberculosis amongst Report, columns 9-10WS, where he announced the (a) the homeless population and (b) the general allocation of European structural and investment funds population. [184784] to local enterprise partnerships during the 2014-20 programme period. Jane Ellison: The incidence of pulmonary tuberculosis (TB) in the general population in 2012 was 7.2/100,000. Fire Services: Cumbria 3.8% of the cases of active pulmonary TB notified in 2012 had a history of homelessness. As we do not have reliable figures for the size of the homeless population, John Woodcock: To ask the Secretary of State for we cannot calculate the incidence of pulmonary TB in Communities and Local Government how much the the homeless population. However, a study in London Government has given to fire and rescue services in in 2003 estimated that the prevalence of TB in the Cumbria in each of the last five years. [184177] homeless population was nearly 30 times as high as in the general population. In March 2014, Pubic Health Brandon Lewis [holding answer 23 January 2014]: England and NHS England will be launching a national Cumbria local authority chooses how much to spend TB strategy. on fire and rescue services, drawing on central Government grant and other items such as council tax. The following table shows their net current expenditure on fire and COMMUNITIES AND LOCAL GOVERNMENT rescue services in each of the last five years: EU Grants and Loans Net current expenditure on fire Andy Sawford: To ask the Secretary of State for and rescue services (£ million) Communities and Local Government what recent meetings 2008-09 17.197 he has had with ministerial colleagues to discuss the 2009-10 22.634 European regional development fund. [184788] 2010-11 23.373 Brandon Lewis: Ministers within the Department for 2011-12 21.467 Communities and Local Government regularly meet 2012-13 21.583 colleagues from other Departments to discuss a range of matters. These figures show that expenditure has remained broadly the same, while the number of fire incidents is Andy Sawford: To ask the Secretary of State for on an ongoing downward trend nationally and specifically Communities and Local Government what allocations in Cumbria over the last 10 years. in each local authority area of England have been There is real scope for fire and rescue authorities to made by the European regional development fund in make sensible savings and practical improvements without each year since 2007. [184789] reducing the quality of life-saving services. To facilitate Brandon Lewis: Allocations from the 2007-13 European this, Sir Ken Knight has undertaken a detailed review regional development fund were made by the old into the operational efficiency of the services delivered Government regions. Allocations were made in 2006 in by fire and rescue authorities in England; the Government Euros and apply to the whole of the 2007-13 programme will be responding formally in due course. period. Allocations for each programme are shown in the following table. Housing: Greater London

Operational programme Total (million Euros) Sadiq Khan: To ask the Secretary of State for Convergence Communities and Local Government (1) how many Cornwall and Isles of Scilly 458.1 affordable homes have been built in each London borough in each of the last five years; [184629]

Regional competitiveness (2) how many local authority homes have been built North West 755.8 in each London borough in each of the last five years. [184628] 661W Written Answers30 JANUARY 2014 Written Answers 662W

Kris Hopkins: From 1 April 2012, the Mayor of Library of the House. With regard to the terms of sale London has had strategic oversight of housing, regeneration and conditions placed on sites when they are sold, such and economic development in London. as build Now, Pay Later, the Department does not Statistics on house building completions by tenure in centrally hold this information. The Department does each London borough are published in the Department’s not collect data on the number of homes built once a live tables 253 (annual) and 253a (quarterly), which are site has been sold, or jobs created. Where sites are in available at the following link: private ownership, there is no requirement for the new http://www.gov.uk/government/statistical-data-sets/live-tables- owners to report starts or completions to central on-house-building Government, and we do not intend to impose administrative reporting burdens which could hinder sale of the sites. Taken together, the housing association and local authority tenures provide estimates of total social housing Local Government Finance completions, but these figures understate total affordable supply. This is because the house building figures are categorised by the type of developer rather than the John Woodcock: To ask the Secretary of State for intended final tenure, leading to under recording of Communities and Local Government what steps he is affordable housing, and a corresponding over recording taking to ensure that grants paid under section 31 of of private enterprise figures. the Local Government Act 2003 can be paid to local authorities promptly during the 2014-15 financial year. More comprehensive statistics on affordable housing completions funded by the Greater London authority [185273] since 2009-10 by London borough are available at the Brandon Lewis: The Department is actively engaging following link: with HM Treasury and other Government Departments http://www.london.gov.uk/priorities/housing-land/increasing- to ensure that all section 31 grants are paid promptly to housing-supply/gla-affordable-housing-statistics enable local authorities to plan their budgets and make These statistics include both newly built housing and decisions. acquisitions but exclude delivery of affordable housing not funded by Greater London authority programmes Non-domestic Rates that are reported in local authority returns to the Department. A fuller picture of all affordable housing John Woodcock: To ask the Secretary of State for completions is published in the Department’s live tables Communities and Local Government by what date he 1006, 1006a, 1007 and 1008, which are available at the expects to have made full payments to local authorities following link: in respect of small business rate relief for the 2013-14 https://www.gov.uk/government/statistical-data-sets/live- financial year. [185295] tables-on-affordable-housing-supply Brandon Lewis: The Government has committed to Land: Public Sector fund the full cost to authorities associated with tax changes under the new business rates retention scheme. Emma Reynolds: To ask the Secretary of State for The full cost in respect of the doubling of small business Communities and Local Government (1) pursuant rate relief 2013-14 will not be known until we receive to the answer of 3 December 2013, Official Report, authorities’ NNDR3 out-turn returns in the summer. column 632W, on housing: construction, if he will Authorities will receive interim payments on 31 January place in the Library the location of the 385 sites of 2014 based on their estimates of costs. public land sold; [184924] (2) pursuant to the answer of 3 December 2013, Temporary Accommodation: Greater London Official Report, column 632W,on housing: construction, how many of the 385 sites were sold under the Sadiq Khan: To ask the Secretary of State for Government’s Build Now, Pay Later scheme; [184925] Communities and Local Government how many (3) pursuant to the answer of 3 December 2013, families currently placed in temporary accommodation Official Report, column 632W,on housing: construction, reside in one room in each London borough. [184630] what conditions of development were placed on each of the 385 sites sold since 2010; [184926] Kris Hopkins: The requested information is not collected (4) pursuant to the answer of 3 December 2013, by my Department. Official Report, column 632W,on housing: construction, This Government has retained a strong homelessness whether the Government (a) collects data on and (b) safety net protected in law, supported by £470 million in monitors outcomes of the public sites following their the current spending review period to prevent and tackle disposal; [184927] homelessness, rough sleeping and repossessions. We are (5) how many jobs have been created from the sale of seeing this investment making an impact with households public sector land under the accelerated public sector now spending on average seven months less in temporary land disposal scheme to date. [184928] accommodation than at the start of 2010. We have also made some changes to the rules under Kris Hopkins: Further to my answer of 3 December the Localism Act to enable local authorities to end the 2013, Official Report, column 632W, the Government main homelessness duty by arranging an offer of suitable disposed of an additional 54 public sector land sites accommodation in the private rented sector. This means between 1 October and 31 December; 439 sites have households are likely to spend less time in temporary been sold under the public sector land programme as a accommodation waiting for social housing to become whole. A list of these sites has been placed in the available. 663W Written Answers30 JANUARY 2014 Written Answers 664W

Universal Credit The Government’s approach to assisted digital will ensure people who may not want or be able to use Mr Frank Field: To ask the Secretary of State for digital services will be supported, for example by phone Communities and Local Government how many or face to face. households will lose eligibility for the reimbursement European Commission for costs of servicing essential home adaptations under universal credit. [185292] Mr Thomas: To ask the Minister for the Cabinet Office if he will set out his Department’s priorities for Kris Hopkins: My Department has made consequential discussions with the European Commission over their amendments to the Housing Renewal Grant Regulations 2014 Work programme; and if he will make a (1996) to ensure that following the introduction of statement. universal credit anyone who would be entitled to home adaptations continues to remain eligible. [185303] World War I: Anniversaries Mr Maude: I refer the hon. Member to the answer given by the Minister for Europe, my right hon. Friend Andy McDonald: To ask the Secretary of State for the Member for Aylesbury (Mr Lidington), on 29 January Communities and Local Government what grants and 2014, Official Report, column 625W. contracts of what value have been awarded by his Department in relation to the centenary of the First World War. [184851] TREASURY

Stephen Williams [holding answer 28 January 2014]: Bank Services My Department is supporting a series of projects to commemorate the centenary of the First World War Mr Jim Cunningham: To ask the Chancellor of the and to help bring Britain’s communities together. Exchequer if he will make it his policy to require banks The Last Post (£34,000) is a mass participation music project; not to prevent customers taking out large sums of 300 communities across the country will research their own local money in cash without proof of reason for withdrawal. First World War heritage and hold musical recitals in schools, [185245] libraries, places of worship and community centres, where they will share stories, local memories and testimony. Sajid Javid: The Government has no plans to make a Remember 100 (£125,000) will mobilise communities to reflect policy announcement on this issue. upon the service, sacrifice and impact on society of the First World War, and in so doing engage collectively on community The terms and conditions that a bank offers on a volunteering, educational and participative activities. bank account, including cash withdrawal limits, is Curzon Education (£120,000) will deliver lectures across the a commercial decision for individual banks and building country on the contribution of Commonwealth nations to the societies. First World War and provide educational material. Economic Policy In collaboration with the Department for Education, we are funding battlefield visits on the Western Front for school children from 2014 to 2019. This is worth £5.3 million in total, over five Mr Jenkin: To ask the Chancellor of the Exchequer years, split equally between DCLG and DfE, and is being delivered whether the speech delivered to the Mile End Group by by the Institute of Education and STS school travel service. the permanent secretary to the Treasury on 15 January Our Victoria Cross Commemorative Paving Stones project will 2014 represents the policy of the Government. [185190] see paving stones laid across the United Kingdom for each serviceman who was awarded a Victoria Cross during the First Nicky Morgan: The views expressed by the permanent World War. A further announcement will be made in due course secretary were given in a personal capacity in his role as about funding for this work. I would add that all Victoria Cross Visiting Professor in the School of Economics and heroes will be commemorated; for those born overseas, but who Finance, Queen Mary University of London. had a local connection in the United Kingdom, the relevant local council will be offered a paving stone. No hero will be forgotten. European Investment Bank

Stephen Doughty: To ask the Chancellor of the CABINET OFFICE Exchequer what proportion of the output of the European Investment Bank desalination plants at Ashdod, Sorek Electronic Government and Hadera goes to (a) Israel, (b) settlements in the occupied Palestinian territory and (c) Palestinians in Jesse Norman: To ask the Minister for the Cabinet the occupied Palestinian territory; and what reports the Office what steps he is taking to ensure that people can UK representative on the board of the European Investment continue to communicate with public services in Bank has made to him of such projects. [184879] writing after the Government’s digital strategy has been fully implemented. [184702] Mr Duncan: I have been asked to reply on behalf of the Department for International Development. Mr Hurd: The Government Digital Service is working The output from the Ashdod, Sorek and Hadera with colleagues across Government to help create digital desalination plants is supplied across the water network services that are so straightforward and convenient that to both Israel and the Palestinian territory. DFID does all those who can use them will choose to do so, while not hold information about the final destination of its those who cannot are not excluded. output. 665W Written Answers30 JANUARY 2014 Written Answers 666W

Stephen Doughty: To ask the Chancellor of the Sajid Javid: This is a commercial decision and the Exchequer which Israeli entities and projects have Government do not comment on individual cases. received European Investment Bank loans since 2008; The terms and conditions that a bank offers on a which such loans had UK support at board level; which bank account, including cash withdrawal limits, is a such projects are pending for approval; and which such commercial decision for individual banks and building projects or entities operate, wholly or partially, in the societies. Occupied Palestinian Territory. [184881] Land Mr Duncan: I have been asked to reply on behalf of the Department for International Development. Emma Reynolds: To ask the Chancellor of the The European Investment Bank (EIB) has approved Exchequer which sites owned by his Department are eight projects to Israeli entities since 2008. All projects currently earmarked for disposal; what the current are located in Israel. There are currently no projects class use is of each site; what the expected planning use pending approval. The UK supported all eight projects is for each site; whether each site already has planning at board level. permission for the expected planning use; what the market value of the site is; and whether the site will be sold for the full market value. [184989] Financial Services Nicky Morgan: I refer the hon. Member to the answer given by the Minister for the Cabinet Office and Paymaster Nic Dakin: To ask the Chancellor of the Exchequer General, my right hon. Friend the Member for Horsham how many businesses have been compensated for being (Mr Maude), on 28 January 2014, Official Report, mis-sold interest rate hedging agreements to date. column 514W. [185158] Met Office Sajid Javid: The Financial Conduct Authority publishes monthly progress reports on the redress scheme for the Nicholas Soames: To ask the Chancellor of the mis-selling of interest rate hedging products. These Exchequer what effect the transfer of the Met Office reports show the progress made by each of the largest from the Ministry of Defence to the Department for banks. Business, Innovation and Skills will have on the On 6 December, the Financial Conduct Authority Ministry of Defence’s spending review 2010 settlement. published each individual bank’s projections for when [185140] they expect to finish the redress scheme. The projections show that the banks expect to finish reviewing all cases Danny Alexander: The Met Office transferred from by June 2014, with some banks likely to complete the the Ministry of Defence to the Department for Business, scheme before this date. Innovation and Skills in 2011, and the funding was transferred from the MOD budget to the BIS budget at the same time. The transfer of the Met Office to BIS has Housing Benefit: Young People had no effect on MOD’s spending review 2010 settlement, other than the transfer of Met Office funding to BIS. Mr Watts: To ask the Chancellor of the Exchequer Mortgages: Government Assistance what the annual cost to the Exchequer of social housing benefits for people under 25 is. [184850] Mr Betts: To ask the Chancellor of the Exchequer what estimate he has made of the potential effect of the Steve Webb: I have been asked to reply on behalf of mortgage guarantee element of the help-to-buy scheme the Department for Work and Pensions. on (a) housing starts, (b) house completions, (c) house The following table shows housing benefit expenditure prices, (d) Government borrowing and (e) Government on claimants aged under 25 by tenure type for the liabilities in the current and next two financial years. financial year 2012-13, the latest available year of outturn. [184874] Housing benefit expenditure on claimants aged under 25 by tenure type Sajid Javid: The Government is committed to making for 2012-13 (£ million, nominal) the aspiration of home ownership a reality for as many Expenditure (£ million) households as possible. The Help to Buy: mortgage Private Sector 891 guarantee scheme was set up to support households Social Sector 972 who cannot get a mortgage because of the very large Total HB 1,863 deposits required by lenders following the financial Source: crisis, but who can afford the mortgage repayments. The Local authority statistical data and subsidy returns scheme also helps those trapped in their existing home who are unable to take the next step. On 8 October 2013, the Government announced that borrowers can HSBC start benefitting from the scheme. The Office for Budget Responsibility (OBR) is responsible Mr Jim Cunningham: To ask the Chancellor of the for producing independent economic and fiscal forecasts, Exchequer if he will investigate the potential effect on including house price forecasts. They published the business of HSBC’s policy of limiting the amount latest Economic and Fiscal Outlook alongside the autumn customers can withdraw in cash. [185246] statement on 5 December 2013. 667W Written Answers30 JANUARY 2014 Written Answers 668W

The total housing starts increased 16% year on year Mike Penning: From January 2012 to date I can in the third quarter of 2013. The Help to Buy scheme confirm that there were no meetings between DWP will have a further positive effect on the housing market Ministers or the Permanent Secretary with either Curzon as there’s a strong and persistent link between the Education or the Curzon Institute. volume of overall house transactions and the level of I can confirm that DWP does not hold any contracts new house building. New build represents around 10-12% with Curzon Education or the Curzon Institute. of overall housing transactions at most points in the last 25 years. Disability The commercial fee for the Help to Buy: mortgage guarantee scheme is designed to be self-financing and Mr Frank Field: To ask the Secretary of State for has been calculated in line with the European Commission’s Work and Pensions what estimate his Department has Notice on the application of Articles 87 and 88 of the made of the cumulative effects of its policies on EC Treaty to State aid, which relates to fees for guarantee disabled people in (a) Birkenhead constituency, schemes. The Government has made £12 billion of (b) the metropolitan borough of Wirral and (c) the guarantees available, which is sufficient to support £130 UK since May 2010. [185289] billion of high loan-to-value mortgages. The Government will collect data on the mortgages Mike Penning: The Government regularly produces covered by the scheme and will report in due course. thorough analysis of the cumulative impact of all coalition changes, on households across the income distribution. This information is produced by the Treasury and is published alongside every Budget and autumn statement, WORK AND PENSIONS in the interests of transparency. The previous Government did not provide this type of analysis. The most recent Council Tax Benefits update was published with the autumn statement on 5 December 2013, Official Report, columns 1101-13, and Mr Hepburn: To ask the Secretary of State for Work can be found using the following link: and Pensions how many people in (a) Jarrow https://www.gov.uk/government/uploads/system/uploads/ constituency, (b) South Tyneside, (c) the North East attachment_data/file/263548/impact_on_households and (d) the UK received council tax benefit in each of _autumn_statement_2013.pdf the last five years. [185149] Distributional analysis is provided for the whole population on the basis of household income and household Steve Webb: Council tax benefit (CTB) was abolished expenditure. However, this is not disaggregated to the in April 2013 and replaced by a system of localised level of household characteristics such as disability support. In England, the Department for Communities status or lower level geographies. and Local Government is now responsible for statistics. The Scottish and Welsh Governments have similar The Government also carries out equality impact responsibility. assessments on any policies that might have a disproportionate affect on disabled people. The statistics shown here provide the final numbers relating to council tax benefit and the specific statistics Disability Living Allowance available by local authority, region and for Great Britain are shown in Table 10 at: Mr Betts: To ask the Secretary of State for Work and https://www.gov.uk/government/publications/housing-benefit- Pensions how many (a) adults and (b) children whose and-council-tax-benefit-caseload-statistics-published-from- main disabling condition was cystic fibrosis successfully november-2008-to-present appealed a negative benefit decision for disability living Information for Northern Ireland is the responsibility allowance in each year since 1992. [184878] of the Department for Social Development: Northern Ireland statistics and can be found at: Mike Penning: The information requested is not available. http://www.dsdni.gov.uk/index/stats and research/benefit_ publications.htm Employment Schemes: Disability The information requested for Jarrow constituency is not currently available and could be provided only at Stephen Timms: To ask the Secretary of State for disproportionate cost. Work and Pensions what recent assessment he has However a parliamentary constituency breakdown made of the performance of the Workchoice programme for council tax benefit has been produced as a one-off in getting disabled people into work. [185157] exercise for January 2011, and is published at: Esther McVey: The latest Work Choice statistics released http://webarchive.nationalarchives.gov.uk/20130107093842/ in November 2013 show that Work Choice performance http://statistics.dwp.gov.uk/asd/asd1/hb_ctb/hb_ctb_parlc _jan11.xls is continuing to improve, with 43% of those referred to Work Choice in Quarter 4 of 2012-13 having found Curzon Institute employment as opposed to 34% in the same period in 2011-12. This shows that through this provision, more Jonathan Ashworth: To ask the Secretary of State for disabled people are now getting the support they need Work and Pensions what recent contact his Department to get into and stay in work. has had with (a) Curzon Education and (b) the Curzon Our recently published Disability and Health Institute; what contracts his Department holds with Employment Strategy paper sets out our proposals to those bodies; and what the value of those contracts is. improve the support we currently provide to disabled [185008] people and people with health conditions. We will develop 669W Written Answers30 JANUARY 2014 Written Answers 670W these proposals over the coming months and make The legal minimum rates for contributions to an plans for what we will do when our current contracts for automatic enrolment pension scheme are set out in employment support for disabled people and people table 1. The contributions are based on earnings between with health conditions come to an end. the lower and upper limits of the qualifying earnings band (QEB) (£5,668 and £41,450 in 2013-14 respectively; Health and Safety at Work etc Act 1974 reviewed annually). The individual contribution rate includes tax relief on individual contributions. Stephen Timms: To ask the Secretary of State for Table 1: Minimum contribution rates for individuals and employers Work and Pensions if he will mark the 40th over the introduction period of automatic enrolment anniversary of the Health and Safety at Work etc. Act % [185155] 1974. Individual Employer contribution contribution rate rate Mike Penning: I will be working with the Health and Safety Executive to ensure that the anniversary of the Current 1 1 Act receiving Royal Assent in July 1974, is appropriately October 2017 to 32 acknowledged and recognised. September 2018 Workplace health and safety has made an important October 2018 - 5 3 contribution to vastly reducing the numbers of people Many individuals and employers pay more than the killed, injured or made unwell by their work in the last legal minimum rate of contributions, and also contribute 40 years. As a result, Britain is one of the safest places to pensions from the first pound of earnings. Table 2 in the world in which to work. illustrates the annual contributions to an auto-enrolment Housing Benefit: Social Rented Housing pension scheme for a median earner (annual earnings: £26,900) until and beyond October 2018. Rosie Cooper: To ask the Secretary of State for Work Table 2: Contributions by individuals, employers and the Government 1 and Pensions if he will take steps to enable local to an automatic enrolment scheme for a median earner over the introduction period of automatic enrolment authorities to exempt patients on home dialysis from £ the under-occupancy penalty. [185242] Contributions based on Contributions based only entire earnings on QEB Esther McVey: There are no plans to provide disabled Time period Individual Employer Individual Employer people with blanket exemptions to the removal of the contribution contribution contribution contribution spare room subsidy. The Government has allocated £180 million to the Current 215 269 170 212 discretionary housing payment budget for 2013-14 October 2017 646 538 510 425 to September to help vulnerable people facing difficult situations. 2018 £25 million, of which, has been specifically included to October 2018 1,076 807 849 637 help those living in significantly adapted properties. - This is treble the funding allocated in 2012-13. 1 Annual earnings: £26.900. Note: Mr Frank Field: To ask the Secretary of State for Individuals are eligible for automatic enrolment if they earn above the Work and Pensions what proportion of social housing earnings trigger (£9,440 in 2013-14; reviewed annually). tenants in wheelchair-standard properties affected by Social Security Benefits: Internet the implementation of the under occupancy penalty also qualify for and receive disability living allowance. Stephen Timms: To ask the Secretary of State for [185291] Work and Pensions (1) when he expects My Benefits Online to be completed; how much it will cost in total; Esther McVey: The information is not available. and what proportion of the budget has been spent to Occupational Pensions date; [185241] (2) what recent progress he has made on My Benefits Mr Hoban: To ask the Secretary of State for Work Online; and if he will make a statement. [185243] and Pensions what assessment he has made of (a) the cost to the Exchequer of the Government’s Esther McVey: The vast majority of the My Benefits contribution to an auto-enrolment pension scheme, (b) Online service has been developed. We have taken time the number of people enrolled and (c) the average recently to review the changing needs of our customers contribution by employees and employers in each year and the standards proposed for all government online to 2018-19. [185134] services, as determined by Government Digital Standards. A total cost of the service is not yet available and we Steve Webb: We expect the annual cost to the Exchequer do not have a confirmed date for completion. of income tax relief on individuals’ contributions to automatic enrolment schemes to be between £1.1 billion State Retirement Pensions and £1.7 billion once the reforms are fully implemented. We expect between 6 and 9 million individuals to be Julian Sturdy: To ask the Secretary of State for newly saving or saving more as a result of automatic Work and Pensions if he will make it his policy that enrolment. As of the end of December 2013, around pensioners receive their first payment of state pension 2.6 million people had already been automatically enrolled as soon as possible after they reach pension age. into a workplace pension. [184774] 671W Written Answers30 JANUARY 2014 Written Answers 672W

Steve Webb: It is our policy to encourage people to Education: Finance claim their state pension in advance of their reaching state pension age. The Department has a number of arrangements in place to support this policy. This includes Dr Thérèse Coffey: To ask the Secretary of State for issuing invitations to encourage people to make their Education how much capital funding has been claim and offering a choice of how to claim—online, allocated to each local authority for basic need for the telephone and in writing. 2011-17 period. [185159] State pension is paid in arrears and is currently paid either weekly or in multiples of a week. This is because, Mr Laws: A copy of the information requested has like most other long standing state benefits, payment is been placed in the House Library. The data does calculated on a weekly basis. It is awarded from the start not include funding through the Targeted Basic Need of the person’s first benefit week. This period is determined programme. These funding agreements will be confirmed by the individual’s national insurance number rather in due course. than the day on which they reach state pension age. On 18 December 2013, the Secretary of State for These arrangements are being considered as part of Education, the right hon. Member for Surrey Heath the implementation plans for our single-tier pension (Michael Gove), announced £2.35 billion to support reforms. local authorities to create additional school places, for the financial years 2015-17. This is additional to the Housing Benefit £5 billion that has been allocated between 2011-15. We are giving local authorities longer-term allocations for Mr Watts: To ask the Secretary of State for Work new school places, which will give them more certainty and Pensions (1) what the cost is of housing benefit for in their planning. the under 25s; [184922] (2) what the cost is of housing benefit to under 25s living in private sector accommodation. [184923] Free School Meals

Steve Webb: The following table shows housing benefit expenditure on claimants aged under 25 by tenure type Ms Buck: To ask the Secretary of State for for the financial year 2012-13, the latest available year Education what proportion of children in each type of of outturn. primary school in each local authority area are entitled to free school meals. [184750] Housing benefit expenditure on claimants aged under 25 by tenure type for 2012-13 (£ million, nominal) Expenditure (£ million) Mr Laws: Statistics on the percentages of pupils known to be eligible for and claiming free school meals Private Sector 891 have been published in ’Schools, pupils and their Social Sector 972 characteristics: January 2013’1. Tables 3a and 3c (national Total HB 1,863 tables) show these statistics for primary schools, academies Source: and free schools. Table 8a (local authority and regional Local authority statistical data and subsidy returns tables) show these statistics for primary schools in each local authority area. 1 EDUCATION Available at: https://www.gov.uk/government/publications/schools-pupils- Children: Social Services and-their-characteristics-january-2013

Sadiq Khan: To ask the Secretary of State for Mr Jeremy Browne: To ask the Secretary of State for Education what the total ring-fenced spending on Education what proportion of children in England and children’s services was in each London borough in each Wales are eligible for free school meals. [184806] of the last five years. [184667]

Mr Laws: Latest figures on both the income and Mr Laws: The proportion of pupils eligible for and expenditure of local authority maintained schools in claiming free school meals in England is 18.3%. This England and the income and expenditure of local information is published in the ″Schools, pupils and authorities on their education, children’s and young their characteristics: January 2013″ Statistical First Release1. people’s services for the financial year April 2012-March Information on free school meal eligibility for Wales 2013 were published on 12 December at: is a devolved matter for the Welsh Government. https://www.gov.uk/government/publications/la-and-school- 1 Available at: expenditure-financial-year-2012-to-2013 Data for previous years can be found in Table A1 at: https://www.gov.uk/government/publications/schools-pupils- and-their-characteristics-january-2013 http://www.education.gov.uk/schools/adminandfinance/ financialmanagement/schoolsrevenuefunding/section251/ archive/b0068383/section-251-data-archive/outturn-data- Sir Richard Shepherd: To ask the Secretary of State detailed-level-2008-09-onwards for Education whether funds for the key stage one free It is not possible to determine how much of the school meals programme will be allocated directly to expenditure was ring-fenced. Monitoring by funding schools or to local education authorities; and when he source could incorrectly imply conditionality on non- plans to announce the allocations of funds for 2014-15. ring-fenced grants. [184863] 673W Written Answers30 JANUARY 2014 Written Answers 674W

Mr Laws: All pupils attending state-funded schools published in table 1 of the statistical first release ″GCSE in reception, year one and year two in England will and equivalent attainment by pupil characteristics: 2012 from September 2014 be offered a free school lunch. We to 2013″1. will be providing over £1 billion funding for this policy Education matters in Wales are devolved to the Welsh between 2014 and 2016. Government. The Secretary of State for Education, the right hon. 1 Available at: Member for Surrey Heath (Michael Gove), and I wrote https://www.gov.uk/government/publications/gcse-and- to all local authorities and schools in England on equivalent-attainment-by-pupil-characteristics-2012-to-2013 23 January 20141 setting out how revenue funding for this policy will be allocated in 2014-15. Schools will Pupils: Absenteeism receive a flat rate of £2.30 per meal taken, based on actual take-up by newly eligible infant pupils, which will Andy McDonald: To ask the Secretary of State for be measured in the Schools Census from October 2014. Education what assessment he has made of the proportion In addition, in recognition that some smaller schools of children of foreign nationals who are enrolled for will face particular challenges, we will provide transitional school but do not attend; and what assessment he has funding totalling £22.5 million in 2014-15 for small made of the (a) quality and (b) reliability of information schools, which will be provided before the start of the received by (i) his Department and (ii) schools from the new academic year. We will provide more details on the Immigration Service and other agencies on the whereabouts revenue funding arrangements in due course. We expect and wellbeing of such children. [185197] to announce allocations later in the year, when pupil Elizabeth Truss: The Department for Education does numbers from the January 2014 school census are finalised. not receive information from the immigration service This revenue funding is in addition to the £150 million about children who might be missing from education. of capital funding being be made available in 2014-15 to Schools treat all pupils’ attendance in the same way; support schools and local authorities in providing the they monitor attendance and address it where it is poor. facilities necessary to deliver the new entitlement. The law requires all schools to send the name and Allocations of capital funding to local authorities were address of every pupil that has been absent continuously announced on 18 December 20132. for 10 school days or more without the school’s permission 1 Available at: to their local authority. It is the responsibility of local https://www.gov.uk/government/publications/ministerial-letter- authorities to investigate why a pupil might be missing about-universal-infant-free-school-meals education in these circumstances. Statutory guidance to https://www.gov.uk/government/publications/letter-to-local- local authorities on children missing education advises authorities-on-universal-infant-free-school-meals local authorities to work with UK Border Agency 2 Available at: where there may be immigration concerns regarding a https://www.gov.uk/government/publications/capital-allocations- missing pupil. for-basic-need-and-infant-free-school-meals

GCSE: Disadvantaged HOME DEPARTMENT Mr Jeremy Browne: To ask the Secretary of State for Emergency Services: Telecommunications Education what proportion of children in England and Wales eligible for free school meals achieved five or Chi Onwurah: To ask the Secretary of State for more GCSEs at grade A* to C in any subject in 2013. the Home Department if she will publish the risk [184808] assessment of the move to a shared network communications infrastructure for emergency services Mr Laws: The proportion of pupils in England eligible and other civil contingency operatives. [184952] for free school meals who achieved five or more GCSEs at grade A*-C in any subject in 2012/13 was 69.3%. This James Brokenshire [holding answer 28 January 2014]: information can be found in table 1 of the statistical The programme is about to commence a competitive first release ″GCSE and equivalent attainment by pupil procurement, governed by European Union regulations. characteristics: 2012 to 2013”1. The Home Office considers the risk assessment to be Education matters in Wales are devolved to the Welsh commercially sensitive and so cannot release this document Government. as it may prejudice the procurement. 1 Available at: Firearms: Licensing https://www.gov.uk/government/publications/gcse-and- equivalent-attainment-by-pupil-characteristics-2012-to-2013 Harriett Baldwin: To ask the Secretary of State for the Home Department if her Department will review Mr Jeremy Browne: To ask the Secretary of State for the fee for a firearms certificate. [185175] Education what proportion of children in England and Wales eligible for free school meals achieved five or Norman Baker: I am determined to ensure that the more GCSEs at grade A* to C of which two were costs of the firearms licensing system are proportionate English and mathematics, in 2013. [184809] and fair. Any review of firearms licensing fees must, therefore, properly reflect efficiencies being made to the Mr Laws: The proportion of pupils in England eligible system. We are working with the police and members of for free school meals who achieved five or more GCSEs the shooting community to assess how the cost of the at grade A* to C, of which two were English and firearms licensing process will change once eCommerce mathematics, in 2012/13 was 37.9%. This information is for Policing has been introduced. 675W Written Answers30 JANUARY 2014 Written Answers 676W

Forced Marriage ENERGY AND CLIMATE CHANGE

David T. C. Davies: To ask the Secretary of State for the Home Department what recent progress the Energy: Conservation Government has made in eradicating forced marriage. [902282] Caroline Flint: To ask the Secretary of State for Energy and Climate Change pursuant to the answer to Norman Baker: The coalition Government is currently the hon. Member for Derby North of 16 January 2014, piloting through Parliament the Anti-Social Behaviour, Official Report, column 975, on energy efficiency, how Crime and Policing Bill which will make the act of many of the third of a million homes received forcing someone to marry a criminal offence. improvements under the (a) Green Deal and (b) In doing so, we are sending out a very clear message Energy Company’s Obligation. [184578] that this brutal practice is totally unacceptable and will not be tolerated in the UK. We are also criminalising Gregory Barker: The latest monthly Green Deal and breach of Forced Marriage Protection Orders to increase Energy Company Obligation (ECO) Statistical Release protection for victims and ensure perpetrators are properly (published on 21 January 2014) reported that a provisional punished. 471,766 measures were installed in around 403,000 However, we know that legislation alone is not enough properties through ECO (394,370 properties), Cashback which is why the Forced Marriage Unit remains focused (8,485 properties) and Green Deal (458 properties) to on prevention, support, raising awareness and protection the end of November 2013. for victims and those at risk of abuse. A breakdown by month is available in Table 1a in the Mental Illness latest monthly Statistical Release: https://www.gov.uk/government/publications/green-deal-and- energy-company-obligation-eco-monthly-statistics-january-2014 Glyn Davies: To ask the Secretary of State for the Home Department how many people were detained by police in a place of safety in accordance with section Energy: Prices 136 of the Mental Health Act 2007 in each of the last 10 years for which figures are available. [185043] Caroline Flint: To ask the Secretary of State for Damian Green: Data on the number of Section 136 Energy and Climate Change pursuant to the oral detentions is published annually by the Health and answer to the hon. Member for Jarrow, of 16 January Social Care Information Centre (HSCIC). 2014, Official Report, column 978, on fuel poverty, if The number of detentions made by the police in he will make it his policy to bring the off-gas grid sector England in each of the last 10 years is shown in the under the regulatory framework for on-grid electricity following table (which is taken from the HSCIC and gas. [184551] publication). These figures will include some people who were Gregory Barker: The remit of Ofgem is to regulate detained more than once in the reporting year—the the monopoly companies that run the electricity and total number of people detained is not centrally collected. gas networks. There is no natural or structural monopoly for supply and distribution in off-gas grid fuels, so Detentions made by the police under Section 136 of the Mental Health regulation by Ofgem may not be appropriate. A market Act 1983, by year, April to March, England study conducted by the Office of Fair Trading (OFT) in Number of detainees 2011 found few competition concerns, with 97% of 2003-04 4,106 heating oil consumers having access to four or more 2004-05 4,765 different suppliers. 2005-06 5,495 We believe that an open and competitive market in 2006-07 6,004 such fuels is the best way to protect the interests of 2007-08 7,035 off-gas grid consumers. The third Ministerial Roundtable 2008-09 8,495 on heating oil and LPG is due to be held in May, to take 2009-10 12,038 stock of the off-gas grid fuel market over the winter 2010-11 14,111 heating period. This will include looking at the impact 2011-121 23,569 of the Customer Charter and the voluntary Code of 2012-131 22,057 Practice that the Federation of Petroleum Suppliers 1 The total numbers of detentions shown for 2011-12 and 2012-13 are introduced in September. not comparable to the totals shown for previous years. The 2011-12 and 2012-13 totals include both detentions which led to the detainee Robert Halfon: To ask the Secretary of State for being taken to a health based place of safety and those where the Energy and Climate Change what the average annual detainee was taken to a police station. The totals from 2003-04 to 2010-11 include only those occurrences whereby the detainee was change in gas and electricity bills has been in each of taken to a health based place of safety. the last 10 years. [184681] Source: Inpatients Formally Detained in Hospitals Under the Mental Health Act 1983 and Patients Subject to Supervised Community Treatment, Gregory Barker: The following tables show average England, Annual figures. Available at: annual gas and electricity bills, split by method of http://www.hscic.gov.uk/catalogue/PUB12503 payment: 677W Written Answers30 JANUARY 2014 Written Answers 678W

Average annual gas bill (£) Year on year percentage change Standard credit Direct Debit Prepayment Standard credit Direct Debit Prepayment

2003 320 292 336 — — — 2004 333 309 351 4 6 4 2005 386 353 401 16 14 14 2006 474 424 498 23 20 24 2007 536 485 573 13 14 15 2008 625 579 651 17 19 14 2009 708 652 ’739 13 13 14 2010 681 639 683 -4 -2 -8 2011 749 697 743 10 9 9 2012 839 773 828 12 11 11 2013 896 823 890 7 6 7

Average annual electricity bill (£) Year on year percentage change Standard credit Direct Debit Prepayment Standard credit Direct Debit Prepayment

2003 250 238 266 — — — 2004 257 244 274 3 3 3 2005 285 269 304 11 10 11 2006 338 313 359 19 16 18 2007 378 348 394 12 11 10 2008 435 400 454 15 15 15 2009 448 409 457 3 2 1 2010 435 398 446 -3 -3 -2 2011 472 434 479 9 9 7 2012 500 460 501 6 6 5 2013 532 491 534 6 7 7

These energy bills assume an annual gas consumption Mr Jim Cunningham: To ask the Secretary of State of 18,000 kWh and an annual electricity consumption for Energy and Climate Change what meetings (a) he of 3,300 kWh, and are given in cash terms. The data are and (b) officials in his Department have held in which taken from DECC’s statistical publication, Quarterly the requirement that energy companies carrying out Energy Prices, and is available online: fracking need the permission of homeowners to drill https://www.gov.uk/government/statistical-data-sets/annual- beneath their houses was discussed. [185249] domestic-energy-price-statistics Michael Fallon: My officials and I speak to stakeholders about a wide variety of matters during the course of Fracking routine policy development. Green Deal Scheme Mr Jim Cunningham: To ask the Secretary of State for Energy and Climate Change (1) what the John Woodcock: To ask the Secretary of State for Government’s policy is towards permitting fracking Energy and Climate Change how many buildings operators to drill under land belonging to homeowners; owned by (a) central Government Departments or [185247] agencies and (b) local government have received (2) if the Government will take steps to ensure that finance under the Green Deal to date. [185274] energy companies carrying out fracking cannot drill beneath homes without the homeowners’ consent. Gregory Barker: Government bodies have a range of [185248] options available to finance energy efficiency improvements and are free to choose the option that best suits their Michael Fallon: Shale gas and oil operations involve needs, in line with their own rules on borrowing. Green hydraulic fracturing in wells drilled over a mile down, Deal providers to date have focused on offering Green which at that depth are highly unlikely to have any Deal plans (finance) to the domestic sector and all plans discernible impacts closer to the surface. to date have been taken out by that sector. The Government announced on 2 December 2013 that, over three years, Like any other industrial activity, oil and gas operations £90 million will be spent improving the energy efficiency require access permission from landowners. of schools, hospitals and other public sector buildings, Operators prefer where possible to agree this through through a loans scheme, building on the existing Salix negotiation with the landowner, but there is an existing finance scheme. legal route by which they can apply for access where this Pay can’t be negotiated. The Government is currently considering whether Chris Bryant: To ask the Secretary of State for this existing route is fit for purpose, and what impact Energy and Climate Change (a) how many and (b) what this could have on the development of shale gas. proportion of staff employed by (i) his Department, 679W Written Answers30 JANUARY 2014 Written Answers 680W

(ii) agencies of his Department and(iii) contractors of Gregory Barker: It is important to note that there are his Department are paid less than the rate defined by various factors, other than increased wind generation, the Living Wage Foundation as a living wage. [184444] that influence the extent of electricity imports, including relative wholesale electricity prices (between the UK Gregory Barker: I refer the hon. Member to the and the inter-connected countries), availability of answer I gave to the hon. Member for Hayes and conventional plant, and increases in, and availability Harlington (John McDonnell) on 18 November 2013, of, interconnection capacity. Official Report, columns 719-20W. The Digest of United Kingdom energy statistics Five employees working in Aberdeen through a Shared (DUKES) reports that wind generation made up 2.7% Service Agreement provided by BIS are paid under the of the total UK electricity supply in 2010, 4.2% in 2011 national living wage. I refer the hon. Member to the and 5.4% in 2012. Over the same time period electricity answer given by the Minister for Employment Relations, imports, net of exports, have increased from 0.7% of the Consumer and Postal Affairs, the hon. Member for total UK electricity supply in 2010, to 1.7% in 2011 and Cardiff Central (Jenny Willott), on 28 January 2014, 3.2% in 2012. Official Report, columns 505-07W. Source: DUKES 6.4 (wind generation) and 5.1 (imports, exports and Procurement total electricity supply), available at: https://www.gov.uk/government/publications/renewable-sources- of-energy-chapter-6-digest-of-united-kingdom-energy-statistics- Chris Leslie: To ask the Secretary of State for Energy dukes and Climate Change how many officials of each grade in his Department have the authority to execute a and purchase; what proportion of these officials have https://www.gov.uk/government/publications/electricity-chapter- professional procurement qualifications; and what key 5-digest-of-united-kingdom-energy-statistics-dukes indicators are used by his Department to assess procurement officers’ performance. [184898] Sammy Wilson: To ask the Secretary of State for Energy and Climate Change how many onshore wind Gregory Barker [holding answer 29 January 2014]: farms were granted planning permission in each year The Department of Energy and Climate Change (DECC) from 2004 to 2009. [185537] has 172 members of staff ranging from administrative assistant to higher executive officer with authority to Gregory Barker: The number of onshore wind farms execute a purchase. These staff are normally executing granted planning permission between 2004 and 2009 is a purchase on behalf of procurement decision makers. as follows:

Procurement within the Department is carried out Number within the directorates with professional support from a procurement team of eight people, all of whom are 2004 45 members of the Chartered Institute of Purchasing and 2005 52 Supply. 2006 48 Procurement officers’ performance, like that of all 2007 65 DECC employees, is assessed under the Department’s 2008 85 performance management system against both the “What” 2009 104 (delivery of objectives) and the “How” (demonstration Total 399 of behaviours, capabilities and values) with equal weighting. Source: The overarching departmental aims, wider policy and The Renewable Energy Planning Database (REPD) civil service objectives provide the key indicators for the https://restats.decc.gov.uk/cms/planning-database-reports individual objectives and clearly set out the individual’s contribution to delivering DECC business plan. The Civil Service Competency Framework (which CULTURE, MEDIA AND SPORT replaced the PSG) provides specific guidance on managing individual performance in relation to the required Online Gambling capabilities, behaviours and values, designed to support business improvement in DECC Procurement. This also provides consistency across Government Departments 12. Jessica Morden: To ask the Secretary of State for and clarity on expected behaviours in achieving the Culture, Media and Sport what assessment she has Government Procurement Reform Purpose of: Improving made of the level of online gambling problems. Capability, Supporting Growth and Reducing the Deficit. [902295] At the end-of-year employees’ performance is assessed against that of their peers. Mrs Grant: The British Gambling Prevalence Survey 2010 indicates that problem gambling rates for some forms of online gambling activity are proportionately Wind Power higher than some other forms of gambling, and that some people who gamble online are likely to take part Glyn Davies: To ask the Secretary of State for Energy in multiple other gambling activities. Through the Gambling and Climate Change what assessment he has made of Licensing and Advertising Bill, the Government is extending the effect of increased use of wind generated power on consistent protections for all British based users of imported forms of energy. [185035] online gambling services. 681W Written Answers30 JANUARY 2014 Written Answers 682W

Arts and Culture Spending First World War

13. Paul Blomfield: To ask the Secretary of State for 17. Mr Buckland: To ask the Secretary of State for Culture, Media and Sport what assessment she has Culture, Media and Sport what plans are being put made of the effect of Government spending decisions in place to ensure a suitable commemoration of the on the arts and culture outside London. [902296] Commonwealth nations’ involvement in the first world war. [902300] Mr Vaizey: Funding decisions for the arts are made independently of Ministers by Arts Council England, Maria Miller: The Government will mark the centenary which takes account of the geographical distribution of of the First World War with a programme of national its funding; in terms of local government, it is vital that events, cultural activities, educational initiatives and local authorities take account of the priorities of the community projects from 4 August this year through to communities they serve when considering spending decisions Armistice Day in 2018. The significant and important on arts and culture. contribution of all our Commonwealth partners will be commemorated as an integral part of our programme. 2022 World Cup We could not have prevailed in 1918 without them.

14. Gareth Johnson: To ask the Secretary of State for BBC Trust Culture, Media and Sport what discussions she has had with representatives of FIFA and the domestic leagues David T. C. Davies: To ask the Secretary of State for on the timing of and arrangements for the 2022 World Culture, Media and Sport what recent discussions she cup. [902297] has had with the BBC Trust on political impartiality. [902301] Mrs Grant: The timing and arrangements for hosting the 2022 World Cup is an issue for FIFA and I have not Mr Vaizey: The Secretary of State for Culture, Media had any specific discussions either with FIFA or the and Sport has not had any recent discussions with the domestic leagues on this matter. BBC Trust about political impartiality. Ensuring the BBC maintains impartiality on all issues is a key priority FIFA have stated that no final decision will be taken for the BBC Trust and we have full confidence in the until after this summer’s World cup in Brazil, and only trust’s ability to carry out this duty. after it has consulted with its stakeholders—which would include the FA and our domestic leagues—we must Broadband respect that process. Nuisance Calls Andrew Selous: To ask the Secretary of State for Culture, Media and Sport when the £250 million additional funding for superfast broadband rollout to 15. Bob Blackman: To ask the Secretary of State achieve 95 per cent coverage will be delivered. [185239] for Culture, Media and Sport what progress her Department has made on tackling nuisance calls. Mr Vaizey: The £250 million funding is for extending [902298] superfast broadband to 95% of UK premises by 2017 and we will be making a further announcement on the Mr Vaizey: Tackling nuisance calls is one of my top use of the funding in the near future. priorities. We have encouraged greater co-operation between the two regulators, improved guidance and Broadband: Braybrooke information for consumers and ensured more effective enforcement of the existing regulations. We will be Mr Hollobone: To ask the Secretary of State for publishing our Action Plan for nuisance calls shortly, Culture, Media and Sport if she will take steps to which will set out progress made to date, work under ensure that superfast broadband is made available to way and our plans for the future. the village of Braybrooke in Kettering constituency. Rugby World Cup [185205] Mr Vaizey: The Government made available £4.08 million 16. Mr McCann: To ask the Secretary of State for to the local broadband project in Northamptonshire Culture, Media and Sport what steps she is taking to and the county council made available a matching amount. prevent 2015 rugby world cup tickets being purchased Responsibility for the timing and targeting of broadband by organised syndicates of touts associated with coverage resides primarily with the local bodies. The criminal gangs. [902299] project supplier has commenced the build phase and it is anticipated that services from the first cabinets to go Mrs Grant: I am aware of the issues faced by the 2015 live will be available to customers imminently. Rugby World Cup organisers. I have discussed various methods available to ensure reasonably priced tickets Curzon Institute are available to those who wish to attend and to limit secondary sales. Jonathan Ashworth: To ask the Secretary of State for I am pleased to learn that the Rugby World Cup Culture, Media and Sport what recent contact her organisers have announced they will sell 500,000 tickets Department had with (a) Curzon Education and (b) through RFU member clubs and will introduce an the Curzon Institute; what contracts her Department official ticket resale platform. We do not believe legislation holds with those bodies; and what the value of those is necessary to deliver a successful event in 2015. contracts is. [184994] 683W Written Answers30 JANUARY 2014 Written Answers 684W

Mrs Grant: The Department for Culture, Media and Mrs Grant: A response to the right hon. Gentleman Sport has had no contact with Curzon Education or the was sent on 29 January 2014. Curzon Institute, nor does it have any contracts with these organisations. Procurement

Food: Advertising Angus Robertson: To ask the Secretary of State for Culture, Media and Sport what proportion of expenditure Luciana Berger: To ask the Secretary of State for on her Department’s procurement contracts was placed Culture, Media and Sport what recent assessment she with small and medium-sized enterprises based in (a) has made of the level of promotion of food and drink the UK, (b) Scotland, (c) Wales, (d) Northern Ireland, products to (a) child and (b) adult users of online (e) the North East, (f) the North West, (g) Yorkshire computer games. [185285] and the Humber, (h) the East Midlands, (i) the West Mr Vaizey: DCMS has made no such recent assessment. Midlands, (j) the East of England, (k) London, (l) the Online computer games that advertise products, brands South East and (m) the South West in the last three or organisations are regulated under the UK code of years for which figures are available. [184280] non-broadcast advertising, sales promotion and direct marketing (the CAP code, administered independently Mrs Grant: The Department’s direct and indirect by the Advertising Standards Authority) which sets spend with SMEs from 2009-10 to 2012-13 has been standards to prevent misleading, harmful and offensive reported on GOV.UK: advertising, and includes supplementary rules to ensure https://www.gov.uk/government/policies/buying-and- advertisers do not exploit children’s vulnerabilities. The managing-government-goods-and-services-more-efficiently- CAP code places a number of conditions around the and-effectively/supporting-pages/making-sure-government- gets-full-value-from-small-and-medium-sized-enterprises advertising of food and drink to children, requiring for example that such communications must not condone We do not hold this information on a regional basis. or encourage poor nutritional habits or an unhealthy lifestyle. Swimming Gambling Luciana Berger: To ask the Secretary of State for Culture, Media and Sport what estimate she has made Mark Menzies: To ask the Secretary of State for of the number of (a) children under the age of 16, Culture, Media and Sport what steps she is taking to (b) adults over the age of 60 and (c) people in total raise awareness of the dangers of gambling addiction. who have taken part in a swimming session in each year [185064] since 2010. [185286]

Mrs Grant: Raising awareness of problem gambling Mrs Grant: The information is as follows: and its impact is a priority for this Government. In July 2013, the Responsible Gambling Trust launched its (a) Swimming participation data for young people redeveloped GambleAware™ website to promote aged five to 15 can be found at: responsibility in gambling and to signpost where to https://www.gov.uk/government/collections/sat--2 access help and support for those who get into difficulties (b) Swimming participation data for people age 16+ with their gambling. In addition, in 2013 the Government years can be found at: secured commitments from the gambling industry to http://www.sportengland.org/research/who-plays-sport/by- implement enhanced player protection measures as set sport/who-plays-sport/ out in new social responsibility codes. Tourism Stephen Timms: To ask the Secretary of State for Culture, Media and Sport whether she has agreed any Mr Ellwood: To ask the Secretary of State for voluntary scheme for improved player protection with Culture, Media and Sport what estimate she has made betting companies; and if she will make a statement. of the contribution of tourism to the British economy. [185156] [902288] Mrs Grant: The Government has secured a commitment Mrs Grant: According to a recent study by Deloitte from the Association of British Bookmakers to introduce and Oxford Economics the direct impact of the tourism and evaluate new player protection measures on fixed sector is expected to contribute over £58 billion to the odds betting terminals from 1 March 2014. The UK economy, which in turn will support over 1.75 million Government continues to work with the betting industry, jobs, in 2013. If you include the indirect impact of the the Gambling Commission, the Responsible Gambling tourism sector this rises to over £127 billion, and supporting Strategy Board and the Responsible Gambling Trust to 3.12 million jobs. determine what further measures might be necessary to mitigate harm. 2013 is seeing large increases in overseas visits to the UK and record spend (in nominal terms). We are on Members: Correspondence course to see more than 32 million visits and, for the first time, spend of over £20 billion in a calendar year. Sir Gerald Kaufman: To ask the Secretary of State for In the first 11 months of 2013 there were 30.2 million Culture, Media and Sport when she intends to reply to inbound visitors to the UK, which is 5% higher than the the letter to her dated 16 December 2013 from the right total for the same period in 2012. These inbound visitors hon. Member for Manchester, Gorton with regard to spent £19.3 billion, which is a 12% increase on the Ms H. Buckley and Mr C. Owen. [184854] corresponding period in 2012. 685W Written Answers30 JANUARY 2014 Written Answers 686W

FOREIGN AND COMMONWEALTH OFFICE Thein Sein welcomed the Secretary of State for Foreign and Commonwealth Affairs, my right hon. Friend the British Overseas Territories Member for Richmond (Yorks) (Mr Hague), initiative on preventing sexual violence in conflict (PSVI). We Dr Huppert: To ask the Secretary of State for Foreign continue to encourage Burma to join 138 nations and and Commonwealth Affairs what his policy is on endorse the UN Declaration on PSVI. establishing more marine reserves in UK Overseas We are funding work on preventing sexual violence Territories. [185193] totalling over £300,000 for the next 15 months. We will continue to look for further opportunities to incorporate Mark Simmonds: The UK is committed to cherishing PSVI in to our work and engage with the Burmese the rich environmental assets of the UK Overseas Government on this issue. Territories, which are internationally recognised. In the inhabited Territories, the Territory Governments are Curzon Institute constitutionally responsible for the protection and conservation of their natural environments. The Territories Jonathan Ashworth: To ask the Secretary of State for may develop their own strategies for marine protection, Foreign and Commonwealth Affairs what recent commensurate with the biological and economic resources contact his Department has had with (a) Curzon available to them. The UK Government is working in Education and (b) the Curzon Institute; what contracts partnership with Territory Governments to provide the his Department holds with those bodies; and what the technical advice and support they need to fulfil their value of those contracts is. [184999] environment commitments and develop robust marine management frameworks, which may include the Mr Lidington: The Foreign and Commonwealth Office designation of marine protected areas (MPAs) in the has no contracts with either Curzon Education or the future. Of the uninhabited Territories, South Georgia Curzon Institute. and the South Sandwich Islands and the British Indian Ocean Territories have designated MPAs. The UK continues Embassies to work with other members of the Commission for the Conservation of Antarctic Marine Living Resources to Mr Thomas: To ask the Secretary of State for propose the establishment of further MPAs around Foreign and Commonwealth Affairs if he will list Antarctica. the hon. Members who have stayed at the Residence in Burma (a) Paris, (b) Berlin, (c) Rome and (d) Madrid since May 2010; on what date each such visit took place; and Fiona Bruce: To ask the Secretary of State for if he will make a statement. [185244] Foreign and Commonwealth Affairs (1) what discussions the UK, through the Preventing Sexual Violence Initiative, Mr Lidington: The hon. and right hon. Members shown have stayed in our embassies and residences. has had with the Women’s League of Burma; [185283]

(2) what recent reports he has received of continuing Date Name sexual violence by the Burmese Army against women in Burma; and what assessment he has made of the (a) Paris report by the Women’s League of Burma contained in June 2010 Dr Denis MacShane Same Impunity, Same Patterns, that over 100 women October 2010 Dr Denis MacShane have been raped by the Burmese Army since the election October 2010 Sir Edward Leigh of 2010. [185328] January 2011 Dr Denis MacShane December 2011 Dr Denis MacShane Hugh Robertson: We have received a number of reports March 2012 right hon. Mr James Arbuthnot containing allegations of the use of sexual violence by March 2012 Austin Mitchell the Burmese Army, including the Women’s League of ″ ″ November 2012 Jeremy Lefroy Burma’s Same Impunity, Same Patterns report in November 2012 right hon. Sir Malcolm Bruce January 2014, and other reports from the non-governmental February 2013 Mr Brooks Newmark organisation (NGO) community and Burmese ethnic groups. February 2013 Mr Robert Buckland February 2013 Mr Jonathan Djanogly In January, diplomats based at our Mission to the February 2013 Mr Tobias Ellwood United Nations (New York) met with representatives of February 2013 Peter Luff the Women’s League of Burma, following the publication January 2014 Hugh Bayley of their report. They discussed the range of issues January 2014 Sir Tony Cunningham affecting women in Burma, including sexual violence in conflict. Our embassy in Rangoon remains in contact January 2014 Fabian Hamilton with the Women’s League of Burma, along with other January 2014 Pauline Latham NGOs working to address the issue of sexual violence January 2014 Mr Michael McCann in Burma. January 2014 Chris White We regularly lobby the Burmese Government on the rights of women, particularly on preventing sexual violence (b) Berlin in conflict areas. We continue to make clear that where November 2011 right hon. Jim Murphy serious crimes have been committed, those who have March 2012 Hywell Williams perpetrated them should be held accountable for their March 2012 Andrew Miller actions. During his visit to the UK last year, President March 2012 Stephen Mosley 687W Written Answers30 JANUARY 2014 Written Answers 688W

to improve its dire human rights record following Date Name the adoption in November by the UN 3rd Committee March 2012 Pamela Nash of the UN resolution on human rights in Iran. The March 2012 Roger Williams appointment of a non-resident chargé d’affaires will June 2012 Mr Tobias Ellwood give us a channel for more detailed and regular discussions June 2012 Laura Sandys with Iran, including on human rights issues. June 2012 Mr Jonathan Djanogly June 2012 Mr Ian Liddell-Grainger Mike Freer: To ask the Secretary of State for Foreign June 2012 Bill Esterson and Commonwealth Affairs what steps he is taking September 2012 Meg Munn with his (a) US and (b) European counterparts to January 2013 Paul Farelly tackle human rights abuses in Iran. [185084] Hugh Robertson: UK and US officials are in close (c) Rome contact on all elements of Iran policy, including human 1— 1— rights, and we regularly speak out about human rights abuses in Iran. The UK has also been instrumental in (d) Madrid the EU’s designation of 86 Iranian individuals and January 2011 Dr Denis MacShane entities responsible for human rights violations. March 2012 Meg Munn 1 No record of hon. Members staying. Land In addition, Government Ministers use embassy accommodation when they are travelling as part of Emma Reynolds: To ask the Secretary of State for their official duties. Foreign and Commonwealth Affairs which sites owned by his Department are currently earmarked for Iran disposal; what the current class use is of each site; what the expected planning use is for each site; whether each Guto Bebb: To ask the Secretary of State for Foreign site already has planning permission for the expected and Commonwealth Affairs whether Iran’s portfolio of planning use; what the market value of the site is; and advanced IR-1m centrifuges will be discussed under the whether the site will be sold for the full market value. P5+1-Iran Joint Plan of Action. [185014] [184983]

Hugh Robertson: The Joint Plan of Action commits Mr Lidington: I refer the hon. Member to the answer Iran to not install or bring into operation any new given by the Minister for the Cabinet Office and Paymaster centrifuges or advanced models during the six-month General, my right hon. Friend the Member for Horsham interim agreement (which is renewable by mutual consent). (Mr Maude), on 28 January 2014, Official Report, It also commits Iran not to produce new centrifuges, column 514W. except to replace damaged existing machines with models of the same type. Negotiations aimed at agreeing a Middle East comprehensive solution to Iran’s nuclear programme, including uranium enrichment, are expected to begin shortly. Michael Ellis: To ask the Secretary of State for Foreign and Commonwealth Affairs what recent discussions he has had with his counterparts in (a) Guto Bebb: To ask the Secretary of State for Foreign Israel and (b) the Gulf on Iran’s support for international and Commonwealth Affairs whether the P5+1-Iran terrorism. [184826] Joint Plan of Action recognises Iran’s right to enrich uranium. [185015] Hugh Robertson: Ministers and FCO officials engage Hugh Robertson: The Joint Plan of Action, implemented regularly with Gulf and Israeli counterparts on security on 20 January, does not recognise any right to enrich issues in the region, including Iran and counter-terrorism. uranium. It does, however, stipulate the elements of a comprehensive nuclear agreement with Iran, including Missing Persons: United Arab Emirates a mutually defined enrichment programme with mutually agreed parameters consistent with practical needs, with Emily Thornberry: To ask the Secretary of State for agreed limits on scope and level of enrichment activities, Foreign and Commonwealth Affairs what reports he capacity, where it is carried out, and stocks of enriched has received on the safety and whereabouts of Abbas uranium, for a period to be agreed upon. Yazdi; and if he will make a statement. [185279]

Mike Freer: To ask the Secretary of State for Foreign Hugh Robertson: The Foreign and Commonwealth and Commonwealth Affairs what recent representations Office were informed that Abbas Yazdi, an Iranian/British he has made to Iran on human rights abuses. [185083] national, had disappeared in the United Arab Emirates by his wife in June 2013. From the outset we have Hugh Robertson: The Secretary of State for Foreign provided full consular assistance to Mr Yazdi’s family and Commonwealth Affairs, my right hon. Friend the and liaised closely with the relevant Emirati authorities Member for Richmond (Yorks) (Mr Hague) raised Iran’s who are carrying out an investigation into his disappearance. human rights records with Iranian Foreign Minister We have also raised our concerns about Mr Yazdi’s Zarif at the UN General Assembly on 23 September. I disappearance with the Iranian authorities. The Secretary made a statement calling for Iran to take concrete steps of State for Foreign and Commonwealth Affairs, 689W Written Answers30 JANUARY 2014 Written Answers 690W my right hon. Friend the Member for Richmond (Yorks) The Czech Government established the European (Mr Hague) did so most recently during his call to Shoah Legacy Institute (ESLI) to pursue progress on Iranian Foreign Minister Zarif on 21 January 2013. achieving the provisions of the Terezin Declaration and convened a Review Conference on property restitution Emily Thornberry: To ask the Secretary of State for in 2012 for which all participants were asked to provide Foreign and Commonwealth Affairs what recent reports. discussions his Department has had with the (a) Home We continue to raise our concerns about the lack Office, (b) the Law Officers’ Departments and (c) the of implementation of the Declaration with a number of Serious Fraud Office on the disappearance of Abbas European governments. We have also been highlighting Yazdi. [185280] UK initiatives on restitution, including the Spoliation Hugh Robertson: Foreign and Commonwealth Office Advisory Panel established in 2000 to advise claimants Ministers and officials have regular meetings with Home and institutions in the UK on claims for the return of Office, Law Officers Department and Serious Fraud works of art lost during the Nazi era and pushing ESLI Office colleagues to discuss a variety of issues. As was to demonstrate practical and measurable progress. the case with previous administrations, it is not the Mr Dodds: To ask the Secretary of State for Foreign Government’s policy to provide details of such meetings. and Commonwealth Affairs what recent assessment he Property: Ownership has made of the progress in the implementation of the Terezin Declaration on Holocaust Era Assets by the Mr Dodds: To ask the Secretary of State for Foreign signatories of that declaration. [184771] and Commonwealth Affairs what recent discussions he has had with his counterparts in other EU member Mr Lidington: The Terezin Declaration of 2009 set states on the issue of the restitution of property out guidelines and best practice for the restitution and wrongfully seized by the Nazis between 1933 and 1945. compensation for assets wrongly seized during the holocaust [184769] era. The UK Government is committed to working with international partners to encourage the implementation Mr Lidington: The Government’s discussions on the of the declaration. The declaration is a non-binding, issue of restitution of property wrongfully seized by the but moral commitment to bringing some form of long Nazis between 1933 and 1945 are taken forward the delayed justice to holocaust survivors and their families. Foreign Secretary’s Envoy for Post Holocaust Issues Sir The Czech Government established the European Shoah Andrew Burns KCMG. His mandate includes responding Legacy Institute (ESLI) in 2010 to pursue progress on to the concerns of Holocaust victims and their families achieving the provisions of the Terezin Declaration and and he has been actively lobbying other governments to convened a Review conference on property restitution address Holocaust-era restitution issues more vigorously. in 2012. We have expressed concerns that ESLI had Within the EU Sir Andrew has raised restitution of been slow to get off the ground, but we have nevertheless property wrongfully seized with Ministers and officials actively engaged with the institute and other key countries of Poland, Germany, Austria, the Czech Republic, Slovakia, to try and achieve progress with the implementation of Hungary, Estonia and Lithuania in the last year. He has the declaration. also had discussions with non-EU member states, interested non-governmental organisations and relevant international Thailand organisations. Kerry McCarthy: To ask the Secretary of State Mr Dodds: To ask the Secretary of State for Foreign for Foreign and Commonwealth Affairs what and Commonwealth Affairs what assessment he has representations he has made to the Government of made of the effectiveness of international agreements Thailand on the recent violence and state of emergency entered into by the UK in respect of the restitution and in that country; and what assessment he has made of compensation of property wrongfully seized by the the effect of this situation on the general election due Nazis between 1933 and 1945. [184770] to be held on 2 February 2014. [185192] Mr Lidington: The main agreement covering this Hugh Robertson: We are deeply concerned by the issue is the Terezin Declaration on Holocaust Era Assets recent violence in Thailand which has led the Thai of 2009. The UK is committed to working with our Government to declare a state of emergency. We will international partners to encourage the implementation continue to monitor the situation closely and are updating of this declaration. The terms of reference of the UK our travel advice for British nationals accordingly, as it Special Envoy for Post Holocaust issues, Sir Andrew is likely that more protests will follow on 2 February Burns, include pursuing progress on outstanding restitution when the general election is held. issues. He has been working closely with non-governmental Our ambassador to Thailand is in regular contact organisations and like-minded governments to make with both Thai Government and opposition leaders, progress. We continue to remind our fellow signatories encouraging commitment to the values of democracy of their obligations under, the Terezin Declaration. and rule of law for Thailand’s peace and stability. The Declaration is a political and non-legally binding document that sets out the principles and measures Ukraine which governments should adopt to advance the various post-Holocaust issues including restitution. The principles Karen Lumley: To ask the Secretary of State for for the restitution of looted art were drawn up in a Foreign and Commonwealth Affairs what recent Washington conference of 1998 and for looted immovable representations he has received from the Ukranian property in Prague in 2010. It is for individual governments government and opposition leaders on the street protests to turn these guidelines into effective national practice. in Kiev. [184864] 691W Written Answers30 JANUARY 2014 Written Answers 692W

Mr Lidington: The Secretary of State for Foreign and ownership of the fight against terrorism. It is important Commonwealth Affairs, my right hon. Friend the Member that Yemen and the international community continue for Richmond (Yorks) (Mr Hague), spoke to Ukrainian to work together to combat this common threat. Foreign Minister Kozhara on 24 January 2014. He made clear to him that he was deeply concerned about the situation in Kyiv and that all sides had a responsibility to refrain from violence and avoid actions that might DEPUTY PRIME MINISTER inflame the situation further. He told the Foreign Minister that particular responsibility rested with the Ukrainian Colombia Government and President Yanukovych. I met the Ukrainian Chargé d’Affaires on 22 January Kerry McCarthy: To ask the Deputy Prime Minister and delivered the same message. I also spoke to the which individuals and organisations will accompany leader of the opposition UDAR party, Vitaliy Klitschko, him on his forthcoming visit to Colombia. [185191] on 25 January. I welcomed the leadership which he had shown during the crisis and encouraged the Opposition The Deputy Prime Minister: Information about Ministers’ parties to continue their talks with the President and to visits overseas are published on a quarterly basis. do what they could to reduce tension. Curzon Institute The British embassy in Kyiv has maintained regular contact with both the Ukrainian Government and Jonathan Ashworth: Toask the Deputy Prime Minister opposition leaders throughout the protests, and will what recent contact he has had with (a) Curzon continue to monitor developments closely. Education and (b) the Curzon Institute. [185010]

Ms Ritchie: To ask the Secretary of State for Foreign The Deputy Prime Minister: I have had no meetings and Commonwealth Affairs what recent assessment he with Curzon Education or the Curzon Institute. has made of the political unrest in Ukraine. [185160]

Mr Lidington: We continue to follow developments in Ukraine closely. We welcome the news that the Rada ENVIRONMENT, FOOD AND RURAL AFFAIRS (Ukrainian Parliament) has repealed restrictive laws passed on 16 January. This is a step in the right direction. Bovine Tuberculosis It is important that all sides work to build on this with a view to calming the situation and taking the country Mr Godsiff: To ask the Secretary of State for forward. It is also important that the Government Environment, Food and Rural Affairs whether the continue to listen to and address the concerns of the National Farmers’ Union is underwriting any part of Ukrainian people. the costs of the badger cull. [185202] We welcome talks between President Yanukovych and opposition leaders which appear to have produced George Eustice: The policy is supported by the farming some specific ideas on a way forward from the current industry as the only method currently available of tackling crisis. It is not for us to comment on specific proposals, the disease in wildlife. As such, the farming industry is but we welcome all sincere efforts to resolve the situation responsible for the operational costs of delivering culling. peacefully. The next few days will be a test of President The way in which expenditure is shared between the cull Yanukovych’s commitment to address the concerns of companies and the NFU is a matter for them. the protesters and find a constructive way forward. Curzon Institute We are deeply concerned by the violence seen in Ukraine. While all sides have a responsibility to refrain from violence, particular responsibility rests with the Jonathan Ashworth: To ask the Secretary of State for Ukrainian Government and President Yanukovych. Environment, Food and Rural Affairs what recent The Foreign Secretary underlined this message during a contact his Department has had with (a) Curzon conversation with Foreign Minister Kozhara on 24 January Education and (b) the Curzon Institute; what in which he condemned the violence, particularly the contracts his Department holds with those bodies; and deaths of protesters. what the value of those contracts is. [184998] Dan Rogerson: Core DEFRA publishes quarterly Yemen reports of Ministers’ and permanent secretaries’ meetings with external organisations on our website and there is Mr Watson: To ask the Secretary of State for no record of any contact with Curzon Education or the Foreign and Commonwealth Affairs what assessment Curzon Institute. his Department has made of the effect on security in https://www.gov.uk/government/uploads/system/uploads/ Yemen of drone strikes in that country. [R] [185407] attachment_data/file/212312/defra-min-transparency-1213- q4.pdf Hugh Robertson: Drone strikes against terrorist targets Information requested in respect of other officials’ in Yemenare a matter for the Yemeniand US Governments. meetings is not held centrally and could be obtained We expect all concerned to act in accordance with only at disproportionate costs. international law and take all feasible precautions to There is no central record of core DEFRA having avoid civilian casualties when conducting operations. any contracts with Curzon Education or the Curzon There is a need for effective action, and for Yemeni Institute. 693W Written Answers30 JANUARY 2014 Written Answers 694W

Disease Control Dan Rogerson: We do not allocate funding for research into a category or criterion called contour afforestation. Mr Jim Cunningham: To ask the Secretary of State However, I can confirm that we will continue our research for Environment, Food and Rural Affairs (1) what into understanding how woodland creation can contribute steps he has taken to ensure that the UK is prepared for to managing flood risk by working with natural processes. the arrival from overseas of diseases affecting crops and livestock; [183968] Chris Ruane: To ask the Secretary of State for (2) what steps his Department has taken to ensure Environment, Food and Rural Affairs what recent that the UK is prepared for potential future diseases discussions he has had with the Secretary of State that may affect crops and livestock. [183966] for International Development on research it has conducted in (a) the UK and (b) developing countries George Eustice: DEFRA assesses the risks from over into contour afforestation in water catchment areas. 1,000 pests, diseases and non-native species on a regular [184835] basis and Ministers meet monthly to consider these risks. We are reviewing how DEFRA approaches these Dan Rogerson: There have been no discussions with risks, across the spectrum of activity on biosecurity the Secretary of State for International Development, pre-border, at the border and within the UK. the right hon. Member for Putney (Justine Greening), DEFRA officials regularly monitor animal disease on research it has conducted in (a) the UK and (b) outbreaks around the world and assess the potential developing countries into contour afforestation in water impact on the UK. Further information can be found catchment areas. at: www.defra.gov.uk/animal-diseases/monitoring/ Forests: Finance Additionally, DEFRA funds scanning surveillance undertaken by the Animal Health and Veterinary Laboratories Agency (AHVLA) in partnership with Chris Ruane: To ask the Secretary of State for industry within England and Wales. This activity supports Environment, Food and Rural Affairs (1) what the detection of new or changed diseases at farm level, assessment he has made of the use of EU farming building up a national picture. subsidies to incentivise contour afforestation as water catchments in flood risk areas; [184841] We work closely with industry and stakeholders in developing disease control policies within the framework (2) what assessment he has made of the effectiveness of European Union (EU) and national law, and we of the England Woodland Grants Scheme in reducing update our contingency plans regularly the risk of flooding. [184842] www.defra.gov.uk/animal-diseases/controls We undertake risk based targeted checks at our borders Dan Rogerson: The English Woodland Grant Scheme in addition to statutory inspections to ensure compliance is the only EU subsidy that has been used to incentivise with import legislation. To minimise the risk of introduction woodland creation to help reduce flood risk; though it and spread of undetected disease we have a number of does not have a specific category or criterion called controls on the movement of animals and operation of contour afforestation. National targeting towards that livestock markets. More information can be found at: objective took place between April 2012 and the end of December 2013. It is too early to assess the effectiveness www.defra.gov.uk/animal-diseases of the recent planting in reducing flood risk. In relation to plant health threats, we are developing a plant biosecurity strategy to address the recommendations of the independent Tree Health and Plant Biosecurity Chris Ruane: To ask the Secretary of State for Taskforce which published its recommendations in May Environment, Food and Rural Affairs (1) which flood 2013. We have already developed a new plant health risk areas benefited from the England Woodland Grant risk register which includes over 650 pests. It will be Scheme; [184921] updated monthly to enhance our existing process of (2) how many England Woodland Grants were used assessing and responding to new and changing plant for contour planting in flood risk areas. [184840] health threats identified through horizon scanning and the latest intelligence which is considered by the UK Dan Rogerson: Since April 2012 the Forestry Commission Plant Health Risk Group. We have also initiated work has offered enhanced rates of English Woodland Grant on improving contingency planning and intensified Scheme funding under the Rural Development Programme surveillance, are increasing the number of plant health to help reduce flood risk in areas where evidence suggests inspectors and investing in training to boost their skills there are real opportunities for woodland measures to and capability. make a contribution. We have also introduced in November 2013 additional The scheme does not include any category or criterion restrictions on the importation of plane and sweet called contour planting but provisional analysis of chestnut trees, and my officials are working to influence the programme to the end of December 2013 identifies the ongoing review of the EU Plant Health Regime. 240 new woodland grant contracts (981 hectares), which Forests focus on flood risk areas. This breaks down as follows: 72 (417 hectares) in Yorkshire and North East; Chris Ruane: To ask the Secretary of State for 80 (303 hectares) in the North West and West Midlands; Environment, Food and Rural Affairs pursuant to the answer of 21 January 2014, Official Report, column 125W, 34 (86 hectares) in the East and East Midlands; on flood control, if he will fund research into contour 32 (103 hectares) in the South East; and afforestation in water catchment areas. [184832] 22 (72 hectares) in the South West. 695W Written Answers30 JANUARY 2014 Written Answers 696W

Land a professional procurement qualification. Within PCF, there are 11 senior management grades, with delegated Emma Reynolds: To ask the Secretary of State for authority to execute purchases through signing contracts. Environment, Food and Rural Affairs which sites All of these staff are performance managed through the owned by his Department are currently earmarked for standard civil service annual review process, and are disposal; what the current class use is of each site; what specifically measured on savings made, timeliness targets the expected planning use is for each site; whether each and customer satisfaction. site already has planning permission for the expected planning use; what the market value of the site is; and Secondment whether the site will be sold for the full market value. [184982] Maria Eagle: To ask the Secretary of State for Environment, Food and Rural Affairs (1) what level of Dan Rogerson: I refer the hon. Member to the answer vetting and security clearance is applied to staff seconded given by the Minister for the Cabinet Office and Paymaster to his Department from the private sector; [185331] General, the right hon. Member for Horsham (Mr Maude), (2) what steps his Department takes to guard against on 28 January 2014, Official Report, column 514W. any potential commercial or other conflicts of interest Procurement involving staff seconded to his Department from the private sector. [185337] Chris Leslie: To ask the Secretary of State for Environment, Food and Rural Affairs how many officials Dan Rogerson: Staff seconded to core DEFRA, from of each grade in his Department have the authority to the private sector, are required to meet the Government execute a purchase; what proportion of these officials Baseline Personnel Security Standard. Additional national have professional procurement qualifications; and what security vetting clearances will apply to individuals key indicators are used by his Department to assess according to the sensitivity of information to which procurement officers’ performance. [184899] they regularly have access. Any private sector employees who are seconded to Dan Rogerson [holding answer 28 January 2014]: The DEFRA sign a DEFRA Inward Secondment Agreement, procurement and commercial function (PCF), which which covers issues such as conflict of interest, centrally manages all core DEFRA spend above £10,000, confidentiality and use of information during their currently employs 38 civil servants. Of these, 22 have secondment. ORAL ANSWERS

Thursday 30 January 2014

Col. No. Col. No. CULTURE, MEDIA AND SPORT ...... 987 CULTURE, MEDIA AND SPORT—continued Arts and Culture ...... 997 Superfast Broadband ...... 987 Betting Shops/Fixed Odds Betting Terminals...... 989 Topical Questions ...... 998 Betting Shops/Fixed Odds Betting Terminals...... 998 Broadband (Rural Economy)...... 995 WOMEN AND EQUALITIES...... 1002 Cultural Diplomacy ...... 991 BAME Groups (Labour Market)...... 1004 Football Governance and Finance ...... 993 Child Care Provision...... 1007 Football Referees ...... 994 Non-gender Specific Documents...... 1003 National Lottery Act 1993 ...... 995 Online Abuse of Women...... 1005 Pre-watershed Advertising ...... 991 Sochi Winter Olympics ...... 1002 WRITTEN STATEMENTS

Thursday 30 January 2014

Col. No. Col. No. ATTORNEY-GENERAL ...... 39WS FOREIGN AND COMMONWEALTH OFFICE..... 42WS Serious Fraud Office (Contingencies Fund Afghanistan (Monthly Progress Report) ...... 42WS Advance)...... 39WS Ukraine...... 43WS

CABINET OFFICE...... 39WS HOME DEPARTMENT...... 44WS City Deal...... 39WS Charging Principles Response Document ...... 44WS Draft Deregulation Bill (Joint Committee’s Justice and Home Affairs Council...... 44WS Report) ...... 39WS Markets for Government Services ...... 40WS JUSTICE...... 46WS Deaths of Service Personnel (Inquests) ...... 46WS

COMMUNITIES AND LOCAL GOVERNMENT.. 41WS TRANSPORT ...... 48WS Local Authorities (Housing Supply) ...... 41WS Project Management ...... 48WS

DEFENCE...... 42WS TREASURY ...... 40WS Armed Forces Pay Review Body ...... 42WS Corporate Capital Gains...... 40WS WRITTEN ANSWERS

Thursday 30 January 2014

Col. No. Col. No. ATTORNEY-GENERAL ...... 642W COMMUNITIES AND LOCAL GOVERNMENT— European Commission...... 642W continued Non-domestic Rates...... 662W BUSINESS, INNOVATION AND SKILLS ...... 644W Temporary Accommodation: Greater London ...... 662W Environment Protection: Taxation ...... 644W Universal Credit...... 663W EU External Trade...... 644W World War I: Anniversaries...... 663W European Commission...... 644W Mailing Preference Service...... 645W Postal Services: Competition...... 645W CULTURE, MEDIA AND SPORT ...... 680W Research: West Midlands ...... 646W 2022 World Cup...... 681W Science: Finance...... 647W Arts and Culture Spending ...... 681W Students: Loans ...... 647W BBC Trust...... 682W TNT...... 647W Broadband ...... 682W Vetting: Scotland...... 648W Broadband: Braybrooke...... 682W Curzon Institute...... 682W CABINET OFFICE...... 663W First World War...... 682W Electronic Government ...... 663W Food: Advertising ...... 683W European Commission...... 664W Gambling...... 683W Members: Correspondence ...... 683W COMMUNITIES AND LOCAL GOVERNMENT.. 659W Nuisance Calls ...... 681W EU Grants and Loans...... 659W Online Gambling ...... 680W Fire Services: Cumbria...... 660W Procurement...... 684W Housing: Greater London...... 660W Rugby World Cup ...... 681W Land: Public Sector...... 661W Swimming ...... 684W Local Government Finance ...... 662W Tourism...... 684W Col. No. Col. No. DEFENCE...... 643W HEALTH—continued Publications ...... 643W Kidneys: Transplant Surgery...... 653W Radar: Hebrides...... 643W Land ...... 654W Radio Frequencies ...... 643W Medical Records: Databases ...... 655W Mental Health Services: Cumbria ...... 655W DEPUTY PRIME MINISTER ...... 692W Mesothelioma ...... 657W Colombia ...... 692W NHS: Redundancy...... 658W Curzon Institute...... 692W Older People: Mental Capacity ...... 658W Tuberculosis...... 659W EDUCATION...... 671W Children: Social Services...... 671W HOME DEPARTMENT...... 674W Education: Finance...... 672W Emergency Services: Telecommunications...... 674W Free School Meals...... 672W Firearms: Licensing ...... 674W GCSE: Disadvantaged ...... 673W Forced Marriage ...... 675W Pupils: Absenteeism ...... 674W Mental Illness ...... 675W

ENERGY AND CLIMATE CHANGE ...... 676W JUSTICE...... 648W Energy: Conservation...... 676W Bail ...... 648W Energy: Prices ...... 676W Employment and Support Allowance: Appeals...... 648W Fracking...... 677W Hewell Prison...... 649W Green Deal Scheme...... 678W Internet: Bullying...... 649W Pay...... 678W Judges: Housing...... 649W Procurement...... 679W Legal Aid Scheme: Sexual Offences...... 650W Wind Power ...... 679W Magistrates ...... 650W Written Questions ...... 650W ENVIRONMENT, FOOD AND RURAL AFFAIRS...... 692W PRIME MINISTER ...... 642W Bovine Tuberculosis ...... 692W European Commission...... 642W Curzon Institute...... 692W TRANSPORT ...... 641W Disease Control ...... 693W Curzon Institute...... 641W Forests ...... 693W Land ...... 641W Forests: Finance...... 694W Railways: Fares ...... 641W Land ...... 695W Roads...... 641W Procurement...... 695W Secondment ...... 696W TREASURY ...... 664W Bank Services...... 664W FOREIGN AND COMMONWEALTH OFFICE..... 685W Economic Policy ...... 664W British Overseas Territories...... 685W European Investment Bank...... 664W Burma...... 685W Financial Services ...... 665W Curzon Institute...... 686W Housing Benefit: Young People...... 665W Embassies ...... 686W HSBC ...... 665W Iran...... 687W Land ...... 666W Land ...... 688W Met Office...... 666W Middle East ...... 688W Mortgages: Government Assistance...... 666W Missing Persons: United Arab Emirates...... 688W Property: Ownership...... 689W WALES...... 642W Thailand ...... 690W UN Convention on the Rights of the Child ...... 642W Ukraine...... 690W Yemen ...... 691W WORK AND PENSIONS ...... 667W Council Tax Benefits...... 667W HEALTH...... 650W Curzon Institute...... 667W Abortion ...... 650W Disability ...... 668W Curzon Institute...... 651W Disability Living Allowance...... 668W Dementia ...... 651W Employment Schemes: Disability...... 668W Dialysis Machines ...... 651W Health and Safety at Work etc Act 1974...... 669W Driving Under Influence: Drugs ...... 651W Housing Benefit ...... 671W Fast Food...... 652W Housing Benefit: Social Rented Housing ...... 669W Fats ...... 652W Occupational Pensions...... 669W General Practitioners ...... 652W Social Security Benefits: Internet ...... 670W Infectious Diseases...... 652W State Retirement Pensions...... 670W Members who wish to have the Daily Report of the Debates forwarded to them should give notice at the Vote Office. The Bound Volumes will also be sent to Members who similarly express their desire to have them. No proofs of the Daily Reports can be supplied. Corrections which Members suggest for the Bound Volume should be clearly marked in the Daily Report, but not telephoned, and the copy containing the Corrections must be received at the Editor’s Room, House of Commons,

not later than Thursday 6 February 2014

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Members may obtain excerpts of their Speeches from the Official Report (within one month from the date of publication), on application to the Stationery Office, c/o the Editor of the Official Report, House of Commons, from whom the terms and conditions of reprinting may be ascertained. Application forms are available at the Vote Office.

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CONTENTS

Thursday 30 January 2014

Oral Answers to Questions [Col. 987] [see index inside back page] Secretary of State for Culture, Media and Sport Minister for Women and Equalities

Royal Assent [Col. 1008]

Business of the House [Col. 1009] Statement—(Mr Lansley)

Immigration Bill [Col. 1025] As amended, considered; read the Third time and passed

Funeral Expenses (Prisoners) [Col. 1133] Debate on motion for Adjournment

Westminster Hall Early Childhood Development [Col. 331WH] Debate on motion for Adjournment

Written Statements [Col. 39WS]

Written Answers to Questions [Col. 641W]