Wednesday Volume 532 7 September 2011 No. 195

HOUSE OF COMMONS OFFICIAL REPORT

PARLIAMENTARY DEBATES (HANSARD)

Wednesday 7 September 2011

£5·00 © Parliamentary Copyright House of Commons 2011 This publication may be reproduced under the terms of the Parliamentary Click-Use Licence, available online through The National Archives website at www.nationalarchives.gov.uk/information-management/our-services/parliamentary-licence-information.htm Enquiries to The National Archives, Kew, Richmond, Surrey TW9 4DU; e-mail: [email protected] 339 7 SEPTEMBER 2011 340

places its investment funds, but I have absolutely no House of Commons doubt that it will want to prioritise social intermediaries who focus on those families who are most vulnerable, Wednesday 7 September 2011 and on those individuals and families who are most in need of help.

The House met at half-past Eleven o’clock Albert Owen (Ynys Môn) (Lab): Community groups, including not-for-profit organisations, have difficulty PRAYERS establishing community projects because of the complexity of the system to secure funding. Will the big society bank have a dedicated officer to help and assist them, so [MR SPEAKER in the Chair] that small projects in deprived communities have a level playing field? BUSINESS BEFORE QUESTIONS Mr Letwin: The hon. Gentleman raises a very real PARLIAMENTARY COMMISSIONER FOR problem, which Big Society Capital has recognised. ADMINISTRATION AND HEALTH SERVICE Right from the beginning of the scheme’s design, Sir Ronald COMMISSIONER FOR ENGLAND (ANSWER TO ADDRESS) Cohen has insisted, and Ministers have agreed, that it should not directly invest in social enterprises but act as The VICE-CHAMBERLAIN OF THE HOUSEHOLD reported a provider of finance to social intermediaries—whether to the House a message from Her Majesty, as follows: they are lending banks such as Triodos or other more I have received your Humble Address praying that I exotic and interesting new social intermediaries—that should appoint Dame Julie Mellor to the offices of already have a retail function and can deal, and know Parliamentary Commissioner for Administration and Health how to deal, with the small groups that need to deal Service Commissioner for England. I will comply with with them. your request. Government Contracts TRANSPORT FOR LONDON (SUPPLEMENTAL TOLL PROVISIONS)BILL [LORDS](BYORDER) Second Reading opposed and deferred until Wednesday 2. Brandon Lewis (Great Yarmouth) (Con): What 14 September (Standing Order No. 20). steps his Department is taking to ensure that small and medium-sized enterprises are aware of opportunities to gain Government contracts. [69981]

Oral Answers to Questions 5. Andrew Bridgen (North West Leicestershire) (Con): What steps his Department is taking to ensure that small and medium-sized enterprises are aware of opportunities to gain Government contracts. [69985] CABINET OFFICE The Minister of State, Cabinet Office (Mr Oliver The Minister for the Cabinet Office was asked— Letwin): We have established Contracts Finder as a one-stop shop, which enables suppliers to find procurement Big Society Bank opportunities, tender documents and contracts online and free of charge. We are also piloting a simple method, 1. James Morris (Halesowen and Rowley Regis) (Con): which I think is called a dynamic market, for suppliers What progress he has made on establishing the big to register online for public sector contracts below society bank. [69980] £100,000. That will enable small and medium-sized enterprises to compete at minimal cost alongside large The Minister of State, Cabinet Office (Mr Oliver suppliers. Letwin): I am delighted to be able to tell my hon. Friend that we are making excellent progress in establishing the Brandon Lewis: Does the Minister agree that, although big society bank. I am equally delighted to be able to large companies often find it easy to tender competitively tell him that it will be called the Big Society Capital for those contracts, there is a real benefit economically group. from spending time and effort on encouraging small Big Society Capital announced appointments to the and medium-sized businesses to bid for such tenders? management and board in July. It is now securing Financial Services Authority and state-aid approval, Mr Letwin: I agree strongly with my hon. Friend. and we expect it to be open for business in the spring. There is a temptation to think that it does not matter who provides a public service contract, big or small, but James Morris: Does the Minister agree that the most we all have an enormous interest in encouraging small important thing about the initiative is that it gets funding and medium-sized enterprises to engage in the process, to organisations in some of the most deprived communities because we all have a huge incentive and reason for in my constituency? believing that innovation in public service can lead to more productivity. It is very often the small, innovative Mr Letwin: My hon. Friend is a noted, effective and companies that engage in innovation, and therefore we passionate advocate of his constituency. It is of course need to ensure that we encourage their participation for Big Society Capital itself to decide exactly where it right the way through the process. 341 Oral Answers7 SEPTEMBER 2011 Oral Answers 342

Andrew Bridgen: SME information technology companies quangos, much of which is so wasteful, are we not being are reporting back from the Government tendering slightly modest in our ambitions? Is there not even process that project aims and budgets remain unspecified greater scope in future years to save yet more money? and that forms are still the size of telephone directories. Can my right hon. Friend assure the House that those Mr Hurd: My hon. Friend is entirely right—he should concerns will be taken on board, so that this Government be nudging us to be more ambitious. We have placed on can deliver real value from IT projects—something that record what we think is a conservative estimate of the previous Government failed to do? cumulative administrative savings from reforms already identified of at least £2.6 billion over the spending Mr Letwin: My hon. Friend has actively and aggressively review period, but we expect that to be a start rather pursued several Government Departments about these than a finish. issues and I hope that he will continue to do so. He is absolutely right that too much of this still goes on. My Mrs Jenny Chapman (Darlington) (Lab): Is the Minister right hon. Friend the Minister for the Cabinet Office, concerned that some of the public bodies may be being who has taken the lead on the issue and deserves great abolished with a little too much haste, particularly given credit for that, has not tried to keep the issue secret—on the riots in the summer? The Youth Justice Board was the contrary, he has tried to open it up. very successful in reducing youth offending by around We have introduced a “mystery shopper” scheme, 34%. Does the Minister not worry that we will get rid of which allows suppliers to challenge Government procurers some of the bodies in too much of a hurry? when they see overly bureaucratic processes. I am delighted to be able to tell the House that during the first three Mr Hurd: The Youth Justice Board still exists. What months of the scheme, 23 cases of things such as huge we have set up with the Public Bodies Bill is a framework telephone-book-sized contracts were investigated and and mechanism for enabling reform. Each Department 11 have led to immediate reductions in tedious bureaucracy. has to come to the House with a case for reform, which All the information about the scheme has been published needs to be debated and processed through secondary on the Cabinet Office website. legislation. That is what we have set up, so Parliament will have plenty of opportunity to scrutinise and debate. Mr Bernard Jenkin (Harwich and North Essex) (Con): Has my right hon. Friend had a chance to read the Tessa Jowell (Dulwich and West Norwood) (Lab): In Public Administration Committee report “Government 2009, it was agreed that the office of the chief coroner and IT—‘A Recipe For Rip-Offs’ ”? It points out that would be established to improve support for bereaved we cannot rely on the large systems integrators to families. The decision was taken with support from involve small and medium-sized enterprises. The both sides of the House. In the passage of the Public Government themselves have to employ people from Bodies Bill, the Government have signalled that they that sector so that the Government can engage with it intend to abolish the office of the chief coroner before it directly. That is the only way in which we will get SMEs has even been established. Which organisations are in involved in Government procurement. favour of its abolition?

Mr Letwin: As with every product of the Select Mr Hurd: The right hon. Lady knows from our Committee in which my hon. Friend is so notably Second Reading debates that there are strong opinions involved, we do indeed pay enormous attention to that on this subject. I refer her to what I said before; the report. My right hon. Friend the Minister for the Cabinet mechanism that we have set out is for a genuine debate Office has already taken that set of steps and is already on the proposed reforms. That is what the Bill enables, intending to ensure that we have the expertise to do and she and I, or appropriate colleagues, will have that exactly as my hon. Friend recommends. It is absolutely debate in Committee in forthcoming weeks and months. crucial that we get to grips with every large project, and some of them are central to the Government’s policy Efficiency and Reform Group agenda—in welfare, for example. 4. Mike Freer (Finchley and Golders Green) (Con): Public Bodies Bill What estimate he has made of the savings to the public purse arising from the work of the Efficiency and 3. Mark Lancaster (Milton Keynes North) (Con): Reform Group in 2010-11. [69984] What steps he plans to take to put in place a system of regular review of remaining public bodies following the The Minister for the Cabinet Office and Paymaster implementation of the provisions of the Public Bodies General (Mr Francis Maude): The Government saved Bill. [69982] £3.75 billion in their first 10 months after taking office by stopping unnecessary and wasteful spending. We The Parliamentary Secretary, Cabinet Office (Mr Nick saved £800 million by renegotiating with the biggest Hurd): The Government are committed to reviewing suppliers to Government. We cut spending on consultants non-departmental public bodies every three years. The by 70% and on advertising by 80%. This is just the reviews will provide a much needed, robust challenge beginning; there is much more to be done. for the continuing need of individual bodies and ensure that the body is complying with recognised principles of Mike Freer: I thank the Minister and welcome the good corporate governance. initial savings of the Efficiency and Reform Group. He will be aware, however, of the £1 billion of additional Mark Lancaster: Will the Minister remind the House savings that my own research has identified. Will he how much money he anticipates will be saved as a result agree that I could meet the chair of the Efficiency and of the Bill? Given the amount of spending on so many Reform Group to discuss these savings further? 343 Oral Answers7 SEPTEMBER 2011 Oral Answers 344

Mr Maude: The chair of the Efficiency and Reform work in my constituency evidence that they have been Group is me, so I will be delighted to meet my hon. dissuaded from volunteering for a redundancy package Friend, who, when he was leader of Barnet council, because parts of their accrued service do not count for showed how much can be done. We do, absolutely, have the final compensation package. Will the Minister ensure a huge amount to learn from what is being done best in that maximum flexibility is deployed in order to allow local government, particularly the sort of savings that us to reach the goal of all departures being voluntary? can be made by much better use of office accommodation. It is such a pity that when the current Leader of the Mr Maude: I can confirm that staff in the Crown Opposition was Minister for the Cabinet Office he did Agents have always been outside the civil service not do this stuff himself. The country would be in less compensation scheme. In April, I used the powers available of a mess and the public finances would be in better to me under the scheme rules to allow service in the shape if he had done his job properly. Crown Agents to count for compensation purposes for the voluntary schemes currently being run by the Jon Trickett (Hemsworth) (Lab): Of course everybody Department for International Development. I am aware welcomes cuts to wasteful expenditure. However, will that there are a few cases in which questions have arisen the Minister explain why the Cabinet Office website around service before joining the Crown Agents. My indicates that in January a contractor charged the taxpayer officials are actively engaged in clarifying what commitments £5,867.66 for flying flags? Will he explain why the were made at that time to these staff. Government paid a single taxi fare of £324.14, which would almost get me from here to Yorkshire and back Public Disorder (Financial Cost) again? Finally, will he explain why the taxpayer paid £181 for a single individual’s eye test? What a waste of 7. Jonathan Ashworth (Leicester South) (Lab): What money. estimate he has made of the financial cost to the Mr Maude: I shall be absolutely delighted to provide voluntary and community sector organisations of the hon. Gentleman with full and detailed replies. I just recent public disorder in England. [69987] point out to him, however, that if we had not opened up public spending to public scrutiny, he would not have a The Parliamentary Secretary, Cabinet Office (Mr Nick prayer of even asking the question. Hurd): Since the riots, we have remained in close contact with our strategic partners, who are feeding in information Stephen Metcalfe (South Basildon and East Thurrock) about the impact of the riots on community groups. I (Con): Proxima, a small software company in my have a meeting next week with community groups and constituency, has the potential to offer real efficiency sector representatives to discuss that impact and the savings in the use of Government software. Its initial way forward. discussions with the Department have been positive, but they have now stalled. Will my right hon. Friend agree Jonathan Ashworth: I am grateful to the Minister for to meet me and my constituents to see how we can save that answer. At the height of the disturbances that hit the Government millions by better use of their resources? Leicester, the Age Concern ambulance bus was torched. Despite what the Prime Minister indicated to me in his Mr Maude: My hon. Friend has raised an important statement of 11 August, Age Concern is not eligible for point, and I will be very glad to meet him to discuss it. the compensation schemes. Will the Minister look urgently There is a huge amount we can do to use IT resources at setting up a compensation scheme for charities so much, much better. Far too often in the past, the that Age Concern in my constituency can replace its Government were reinventing the wheel by buying new ambulance bus as quickly as possible? systems and not reusing what they had already spent money on. That will now cease. Mr Hurd: I was as shocked as anyone by the torching Civil Service (Voluntary Severance) of the Age Concern ambulance. My understanding is that under these circumstances, damages are recoverable 6. Mr Michael McCann (East Kilbride, Strathaven from the high street support scheme. I have been informed and Lesmahagow) (Lab): What estimate he has made of that officials have sent that information through. I the number of civil servants who will leave the civil would be very happy to meet the hon. Gentleman and service on voluntary severance terms in 2010-11. representatives of Age Concern if there are continued [69986] problems with this issue.

The Minister for the Cabinet Office and Paymaster Mr David Evennett (Bexleyheath and Crayford) (Con): General (Mr Francis Maude): We aim to minimise Does my hon. Friend agree that voluntary organisations compulsory redundancy. We reformed the civil service are the backbone of our local communities and that any compensation scheme so that, for the first time, voluntary damage to their property or organisation diminishes redundancy was more attractive than compulsory their opportunity to assist the individuals and groups redundancy, which was impossibly expensive under the that are most in need? scheme left in place by the previous Government. We estimate that in early 2010-11 11,200 civil servants left Mr Hurd: I could not agree more with my hon. the civil service on the new terms. Friend, which is why I am meeting many sector representatives and community groups next week to Mr McCann: I thank the Minister for that answer. discuss the impact and the way forward. He knows as Let me place on record the fact that he will share the well as I do that we are doing a huge amount to support objective that all severance packages are voluntary. community organisations through deregulation and by Nevertheless, I am receiving from civil servants who making it easier for them to access finance. 345 Oral Answers7 SEPTEMBER 2011 Oral Answers 346

Roberta Blackman-Woods (City of Durham) (Lab): Mr Speaker: Order. There are far too many private How much money does the Minister think he will have conversations taking place in the Chamber. The House to put into the national citizen service to prevent future must come to order and hear Mr Mel Stride. riots? How will he ensure that that is not done at the cost of general voluntary and community services that Topical Questions support young people, especially given that they are incurring additional costs in helping communities to T1. [69954] Mel Stride (Central Devon) (Con): If he rebuild after the riots and are subject to Government will make a statement on his departmental cuts? responsibilities.

Mr Hurd: We are hugely enthusiastic about the national The Minister for the Cabinet Office and Paymaster citizen service; much more, apparently, than the Opposition General (Mr Francis Maude): As Minister for the Cabinet Front Bench. The experience from this summer is that it Office, I am responsible for the public sector Efficiency has been a fantastic experience for young people, connecting and Reform Group, civil service issues, industrial relations, them with a chance to do something really positive in strategy in the public sector, Government transparency, their communities. We are piloting it, but have to proceed civil contingencies, the civil society and cyber-security. cautiously because a lot of taxpayers’ money is involved. As the Prime Minister has made quite clear, we are keen Mel Stride: Okehampton, in my constituency, has to expand it as fast as we can. recently seen unemployment treble virtually overnight, National Citizen Service although the figure has now decreased dramatically due to local action. It is holding a very important event this 8. Caroline Nokes (Romsey and Southampton North) week, “Okehampton Works”, bringing together public, (Con): What recent progress he has made on the private and voluntary organisations to focus on employment, which is an important step towards the national citizen service pilots. [69988] big society locally. Will my right hon. Friend join me in The Parliamentary Secretary, Cabinet Office (Mr Nick visiting Okehampton to meet, and learn from, those Hurd): We are absolutely delighted with the progress of who have pioneered that important initiative? the national citizen service. About 8,500 young people enjoyed an extremely positive experience this summer. Mr Maude: I should be delighted for either myself or The feedback has been fantastically positive and we will the Parliamentary Secretary, Cabinet Office, my hon. publish an evaluation report shortly on this year’s pilots. Friend the Member for Ruislip, Northwood and Pinner (Mr Hurd), to join my hon. Friend in Okehampton to Caroline Nokes: I thank the Minister for that response. discuss those very issues. There is a huge amount that Will he confirm that he will look to involve organisations can be done. such as the YMCA, which has a fantastically strong track record of providing constructive activities for Mr Speaker: I call Graham Stringer. He is not here. young people, in the delivery of the scheme? Chris Bryant (Rhondda) (Lab): One quango that has Mr Hurd: I share my hon. Friend’s high regard for the done a really good job since it was brought in by the YMCA and lots of other youth organisations across Labour Government is the Security Industry Authority, the country. As I said, we are ambitious to expand the which licenses bouncers outside pubs. One role that it national citizen service and are looking to commission has not yet been given is the licensing of private investigators. up to 30,000 places next year. We are actively reviewing We have seen over the past year that some private a list of applications and bids from a great diversity of investigators are very good people, but some of them suppliers. We will announce the results of that shortly. are the scum of the earth. Should we not be licensing them and giving that power to the authority? Huw Irranca-Davies (Ogmore) (Lab): I know that the Minister is still working out the fine details of the Mr Maude: Whatever the merits of the hon. Gentleman’s scheme, but may I urge him not to reinvent the wheel, point, it is one that he should make to my right hon. but to make the best use of the Prince’s Trust and the Friend the Home Secretary, who has responsibility for Duke of Edinburgh’s award scheme, of which I am a these matters. gold member? As well as not reinventing the wheel, I urge him not to break the spokes in the wheel by T2. [69955] Karl McCartney (Lincoln) (Con): In light shattering youth service provision throughout the country of the excellent work in Lincoln this summer of as very good schemes go to the wall under this the pilot national citizen service managed by the Administration. Lincolnshire and Rutland Education Business Partnership, can my hon. Friend assure me that careful Mr Hurd: I should make it clear that we are deliberately consideration has been given to the EBP’s bid for next offering 16-year-olds in this country something new year, which I wholeheartedly support, so that it can be and distinctive. If the hon. Gentleman listens to the the deliverer of the NCS for the whole of Lincolnshire kids on the programme this year, he will hear that they in 2012? see it as being very different from the Duke of Edinburgh’s award and the Prince’s Trust. It is set up to be different, The Parliamentary Secretary, Cabinet Office (Mr Nick and that is why we are piloting it. As I said, we are Hurd): I am grateful to Lincolnshire and Rutland Education extremely enthusiastic about the feedback. Business Partnership for the excellent work that it has done this summer, which is a really good example of Several hon. Members rose— communities working together to support the NCS. As 347 Oral Answers7 SEPTEMBER 2011 Oral Answers 348

I have said before, we are giving careful consideration to at this stage we are simply looking to reduce what the all bids received to run the 2012 pilots and will be Government occupy. I know that Croydon, which my making an announcement very shortly. [Interruption.] hon. Friend represents vigorously, is a very good location out of central London for Government services to Mr Speaker: Order. There really is far too much noise operate from. in the Chamber. It is very discourteous to the Member asking the question and the Minister whose answer we T7. [69960] Sajid Javid (Bromsgrove) (Con): Small and want to hear. I hope the House will show some respect medium-sized enterprises in my constituency warmly for Mr Sammy Wilson. welcome the steps that the Government are taking to make it easier for them to win Government contracts, Sammy Wilson (East Antrim) (DUP): What but they also need better access to finance to win such arrangements does the Minister intend to put in place contracts. What steps is my right hon. Friend taking to to ensure that places such as Northern Ireland benefit help with that? from the opportunities presented by the big society bank? The Minister of State, Cabinet Office (Mr Oliver Letwin): My hon. Friend is absolutely right that without Mr Hurd: I was in Belfast just a few weeks ago, at the finance, SMEs cannot take part. I am delighted to Hillsborough castle, talking about just that to a section be able to tell him that in the first half of the year, SME of community organisations and social enterprises that lending has almost lived up to the target set in the were fascinated by the big society bank. We made it Merlin agreement for SMEs—it is within £1 billion—which very clear that it was open for business in Northern is a major achievement. Ireland. T8. [69961] Nicky Morgan (Loughborough) (Con): Does my hon. Friend agree that the promotion of T4. [69957] Jason McCartney (Colne Valley) (Con): I youth organisations such as the Passion youth centre in enjoyed a very rewarding week of volunteering in my Shepshed, which are often set up by churches, should constituency during the summer with Mencap, the be a cornerstone of the Government’s response to the National Trust, Kirkwood hospice, the Forget Me Not riots over the summer? Trust and many more. Does the Minister agree that volunteering should be a key component of the Mr Hurd: I should certainly like to join my hon. national citizen service? Friend in congratulating the Passion youth centre and the local churches that support it. That seems to be an Mr Hurd: I congratulate my hon. Friend on the excellent example of the community pulling together to sterling example that he has set others. Of course, one make better use of an old facility, which is exactly the of the purposes of the national citizen service is to type of thing that we are trying to encourage through connect young people with their power to make a the Localism Bill, Big Society Capital and the Community positive difference in their communities. If he had visited First grant programme. some of the pilots that I did, he would have been absolutely inspired by the enthusiasm with which they undertook that task. PRIME MINISTER Duncan Hames (Chippenham) (LD): In opening access to public data on the performance of our publicly The Prime Minister was asked— subsidised railways, does the Minister recognise that Engagements real-time running information would be even more powerful in driving innovation that would aid the travelling public? Q1. [69964] Ian Austin (Dudley North) (Lab): If he Will he get train operators to be more open with such will list his official engagements for Wednesday public data? 7 September. Mr Maude: My hon. Friend makes a powerful point. The Prime Minister (Mr David Cameron): I am sure These are services that rely on public subsidy, and that that the whole House will wish to join me in paying information is incredibly valuable and capable of providing tribute to those who have fallen in Afghanistan since we enormous benefit to the users of public transport. It last met for Prime Minister’s questions: Lance Corporal can drive more passengers on to public transport, which Paul Watkins, from 9th/12th Royal Lancers; Corporal we all want, so it is in not only the public interest but the Mark Palin, from 1st Battalion The Rifles; Marine operators’ interest to make such data available. James Wright, from Juliet Company, 42 Commando, Royal Marines; Lieutenant Daniel Clack, from 1st Battalion T5. [69958] Gavin Barwell (Croydon Central) (Con): The Rifles; and Sergeant Barry Weston, from Kilo Further to our meeting in May, may I ask my right Company, 42 Commando, Royal Marines. We should hon. Friend what progress has been made with the also remember Senior Aircraftman James Smart, from relocation of part of the central Government estate No. 2 (Mechanical Transport) Squadron, RAF Wittering, from central London? who died in a road traffic accident in Italy on 20 July while supporting operations in Libya. I pay tribute to Mr Maude: At this stage we are concentrating on their outstanding courage and selflessness. They have simply reducing the footprint of the Government’s property each given their lives serving our country and making estate, which was allowed to grow massively out of our world more safe and secure. Our thoughts and control under the last Government because there were deepest sympathies should be with their families, their no controls whatever. Rather than looking to relocate, friends and their colleagues. 349 Oral Answers7 SEPTEMBER 2011 Oral Answers 350

This week, we also reach the 10th anniversary of the Let me also join the Prime Minister in remembering terrible atrocities of 11 September 2001, so we should all those who died in the terrorist attacks of 11 September remember all those who lost their lives that day, and all 2001. We all said at the time that we would never forget, those who have died in pursuit of a safer future throughout and it is right that we pay particular attention on this the last decade. the 10th anniversary of 11 September, so that for the This morning I had meetings with ministerial colleagues victims and their families we show that we are true to and others, and in addition to my duties in this House, I the words that we spoke in the aftermath of those shall have further such meetings later today. terrible attacks. As the House returns from the recess, I also thank all our policemen and policewomen who did such a Ian Austin: The whole House will agree with the tremendous job in the riots over the summer, and it is tributes that the Prime Minister has just made to members on the subject of policing that I want to start my of the armed forces who have made the ultimate sacrifice questions to the Prime Minister. We learned last night defending our country. that the Prime Minister now wants to hold his elections Earlier this week, the Government pushed through for police commissioners not alongside local elections, legislation that says that terror suspects must be given as originally intended, but in November next year. How access to mobile phones and the internet and that ends much extra money does he expect that to cost? relocation orders, so that such suspects cannot be kept out of London in the run-up to the Olympics or the The Prime Minister: It will cost an extra £25 million. Queen’s jubilee without emergency legislation. Will not The money will not be taken from the police budget. decent, law-abiding people out there be shocked to discover that the Prime Minister is weakening protection Edward Miliband: So the Prime Minister is making a for them while pushing through what many people will bad policy worse by wasting money. If he wanted to think is a charter of rights for would-be terrorists? postpone the elections, he could easily have decided to hold them in May 2013; and, indeed, subsequent elections The Prime Minister: I do not agree with that. We will be held in May 2016. Will he tell us why he has consulted very carefully with the police and the security decided to waste his money in this way? services in order to try to get to a better position, The Prime Minister: It is important to get the policy because frankly, control orders did not have the confidence right, and to make sure that it works. Let us be clear. of the public and did not work in far too many cases. First of all, why are the Opposition so frightened of an The arrangements that we have put in place will keep election? What have they to fear? this country safe and have greater public confidence. The right hon. Gentleman called this bad policy. Let me tell him what was said by his own shadow Policing Guy Opperman (Hexham) (Con): May I thank the Minister. The hon. Member for Gedling (Vernon Coaker) House and all my Hexham constituents for their messages said that of support while I was temporarily in hospital? I am “only direct election, based on geographic constituencies, will now fully recovered, thanks to the outstanding care of deliver the strong connection to the public which is critical”. the NHS and its hard-working doctors and nurses. Why is the right hon. Gentleman so frightened of an Does the Prime Minister agree with me, as many doctors election and proper police accountability? and nurses did, that it must be our mission to improve and reform the NHS, so that the service that we so Edward Miliband: We know what the public up and cherish will improve with the challenges that we face down this country know: this is the wrong priority for ahead? the country. What did we see during the riots? We saw visible, effective policing. Now the Prime Minister tells The Prime Minister: May I say how good it is to see us that the country cannot afford the current police my hon. Friend back in his place and fully recovered? budgets, and that we must cut the number of police He is right: the point of our health reforms is to put officers by 16,000. However, he tells the country that it doctors in charge, give patients greater choice, and heal can afford £100 million and more as a result of his the divide between health and social care. I believe that decision to waste money on 42 elected politicians earning they will lead to a stronger NHS and better outcomes more than £120,000 a year. That could pay for 2,000 for patients. extra police officers. Is not the truth that this is the wrong priority at the wrong time for the country? Edward Miliband (Doncaster North) (Lab): May I begin by joining the Prime Minister in paying tribute to The Prime Minister: As ever, the right hon. Gentleman our brave servicemen who have given their lives over the has got his figures completely wrong. The police authorities summer: Lance Corporal Paul Watkins, from 9th/12th of whom only 6% of the country have actually heard Royal Lancers (Prince of Wales’s); Corporal Mark Palin, will be abolished, and that will save money. from 1st Battalion The Rifles; Marine James Wright, Let me put it to the right hon. Gentleman again. Why from Juliet Company, 42 Commando, Royal Marines; is he frightened of direct elections that will make the Lieutenant Daniel Clack, from 1st Battalion The Rifles; police accountable? He was responsible for the last Sergeant Barry Weston, from Kilo Company, Labour manifesto, and this is what the last Labour 42 Commando, Royal Marines; and Senior Aircraftman Prime Minister said: James Smart, from No. 2 (Mechanical Transport) Squadron, “the Home Secretary will bring forward proposals for directly RAF Wittering. All of them demonstrated tremendous elected representatives to give local people more control over bravery and courage in the line of duty, and we send our policing”.—[Official Report, 14 May 2008; Vol. 475, c. 1388.] deepest condolences to their families and friends. Why the U-turn? 351 Oral Answers7 SEPTEMBER 2011 Oral Answers 352

Edward Miliband: We know that the Prime Minister him—but he took time off from his holiday to tell has got the wrong priorities on the police and that he is the Western Morning News what he has just repeated: refusing to back down. However, he has got the wrong that the priorities not just on the police, but on the health “whole health profession is on board for what is now being done.” service as well. Can he tell us why the number of people who have had to wait longer than six months for an I have to ask: does he read the newspapers, because only operation has gone up by more than 60% since he came on Tuesday of this week the British Medical Association, to office? the Royal College of GPs and the Royal College of Midwives all rejected his Bill? And that was only this week. The truth is that under this Government we are The Prime Minister: I am not surprised that the right seeing two reckless and needless reorganisations of our hon. Gentleman wants to change the subject, because public services: police numbers down and waiting lists on policing he was having his collar felt as he has done up. Under Labour, we saw police officers up and waiting a complete U-turn on the policy he used to be committed to. lists down. Why does he not do the right thing for the As I said some moments ago, in our health service we future of our public services, and scrap both of these are seeing more cancer patients get treatment, more disruptive and dangerous plans? doctors in our NHS, fewer bureaucrats, a reduction in mixed-sex—[Interruption.] I know Labour Members The Prime Minister: Is it not interesting that he does do not like hearing—[Interruption.] not dare in six questions to mention the economy? On our health reforms, let me quote what the man his Mr Speaker: Order. There is far too much noise in Government plucked from the NHS to run the Department what is beginning to sound like orchestrated heckling. of Health, Lord Darzi, says: [Interruption.] Order. It is profoundly discourteous “The proposals from the NHS Future Forum, and supported and it should stop. by the Government, have recast the reforms in” the right The Prime Minister: The trouble is that the Opposition do not like hearing good news about what is happening “direction and are to be welcomed.” in the national health service. The fact is that waiting So now we have the Royal College of GPs, the physicians, times for outpatients have actually fallen since the last the nurses and people working in the health service election. supporting the changes we are making, and Labour wanting to cut the money and also cut the reform. Isn’t Edward Miliband: That was a complete non-answer; it no surprise that the shadow Health Secretary—it is the Prime Minister cannot even answer the questions. traditional to quote the shadow Health Secretary on We are talking about people up and down this country these occasions—said this: who have been waiting longer for their operations. “It’s a tough fact of life…that what Labour says matters less [Interruption.] The Government Chief Whip shouts than what almost anyone else says”? from a sedentary position; he should care about these I couldn’t have put it better myself. people who have been waiting longer for their operations. Let me tell the Government Chief Whip and the whole Government Front Bench what we are talking about. Mrs Helen Grant (Maidstone and The Weald) (Con): Between June 2010 and June 2011, the number of Does the Prime Minister agree that building stronger people waiting more than six months for an operation families and communities is absolutely essential and key was up by 42% for those waiting for a heart operation, to dealing with antisocial and delinquent behaviour? up by 62% for those waiting for orthopaedic operations, and up by 72% for those waiting for eye surgery. The The Prime Minister: My hon. Friend is absolutely country and I are just asking for a simple explanation right. This is important and I am sure that there will be from the Prime Minister: why has it happened? all-party agreement on it. As well as having a tough response from the criminal justice system to the riots—we The Prime Minister: The explanation is that the amount have seen that tough response, with some exemplary of time that people are waiting for an outpatient operation sentences handed out very rapidly by the courts system; has actually gone down; that is what has happened. As I praise all those who have been involved in speeding up the right hon. Gentleman knows, we have targets for the justice system—at the same time we need to do 90% of people to get their treatment within 18 weeks, more to strengthen communities, to strengthen families, and those targets are being met. He may not like the to increase discipline in schools and to make sure that truth, but that is the truth, and I have to say to him that our welfare system supports responsible behaviour rather that is why we now see the Royal College of General than irresponsible behaviour. We will be bringing forward Practitioners, the Royal College of Physicians and the proposals along those lines and I hope that they will Royal College of Nursing all supporting our health have support from everyone in this House. reforms. We even see Lord Darzi, the former Health Minister, supporting our health reforms. Labour has Q2. [69965] Jonathan Ashworth (Leicester South) (Lab): got itself into a position of opposing all reform to the Before the summer, the Prime Minister took part in a NHS and opposing the extra money into the NHS; that TV documentary that highlighted fears of crime and is its position. antisocial behaviour on the Saffron Lane estate in my constituency. Does he expect crime and antisocial Edward Miliband: I think the Prime Minister has behaviour on that estate, and across Leicester, to convinced the country that he is on another planet from increase or decrease when he cuts 200 police officers them. He had his holidays interrupted—fair play to from the Leicestershire force? 353 Oral Answers7 SEPTEMBER 2011 Oral Answers 354

The Prime Minister: I want to see crime and antisocial anti-terror laws by scrapping relocation powers. What behaviour go down. Let me just remind the hon. Gentleman will have to happen before he is prepared to admit that that today only 12% of police officers——only one the mess he is replacing them with is putting national in 10—are on the beat at any one time. There are 25,000 security at risk? police officers in back-office jobs, not on the front line. We all have a responsibility to try to get our budget The Prime Minister: I simply do not accept what the deficit under control. His party is committed to a hon. Gentleman says. In our review of control orders, £1 billion cut in the police. What we have to do is we listened extremely carefully to MI5, the security recognise that this is about getting officers on to the services, the Metropolitan police and all those involved. front line—that is the debate we should be engaged in. There was a full review process to make sure that we could have a system that is legal—that is vital because Q3. [69966] Mr David Burrowes (Enfield, Southgate) the courts unpicked so many of the last Government’s (Con): In the wake of the riots, may I commend the changes—that the public can have confidence in and Government’s and Mayor of London’s support for that will keep us safe. high streets, such as those in Enfield, which were badly hit? Is this not a good time to support the forthcoming Heather Wheeler (South Derbyshire) (Con): On the global day of prayer, which in London will be taking day when 200 people from Bombardier in Derby are place at Wembley? here to hear whether we can change the arrangements for the Thameslink contract, can the Prime Minister The Prime Minister: I certainly pay tribute to what give us some hope about future contracts and about the Mayor has done and what the Department for changing the tender arrangements—the mess that we Communities and Local Government has done to make were left in by the previous Government? sure that there is money available for rebuilding our communities. The good thing about the £20 million The Prime Minister: I certainly want to do everything high street support scheme, which my hon. Friend mentions, I can to help Bombardier, which is an excellent company is that 29 local authorities have already registered for it. that employs people in Derbyshire and has done a I hope that we will see the money being spent quickly to brilliant job as an engineering business in this country help rebuild our high streets. for so many years. Before people from the Labour party start shouting, let me remind them that this procurement Gloria De Piero (Ashfield) (Lab): Does the Prime process was designed and initiated by the previous Minister support the closure of local police stations? Government. It is no good their trying to shuffle off their responsibility—it is their responsibility. The Prime Minister: It is up to chief constables to work out how best to police their areas, but what I am Q6. [69969] Thomas Docherty (Dunfermline and West finding from talking to police constables up and down Fife) (Lab): Why do the Government not agree with the the country is that they want to put their resources into police that children as young as seven should be visible policing on the streets. They have got the support banned from having shotgun licences? of a Government who are cutting the paperwork, reforming the pay and reforming the pensions—taking the difficult The Prime Minister: I think we should enforce proper decisions that will make sure that we have more police rules on gun licences, including shotgun licences. We on our streets than we ever would under Labour. always keep these rules under review and if they need toughening, I will happily look at that. Q4. [69967] Mr John Baron (Basildon and Billericay) (Con): Will the Prime Minister join me in sending a very clear message to the Travellers at the illegal Dale Nadine Dorries (Mid Bedfordshire) (Con): The Liberal Farm site: we all hope that they move off peacefully in Democrats make up 8.7% of this Parliament and yet order to avoid a forced eviction but if they do not do they seem to be influencing our free school policy, so, they should be in no doubt that the Government health and many issues including immigration and abortion. fully support Basildon council and Essex police in Does the Prime Minister—[Interruption.] reclaiming this green belt land on behalf of the law-abiding majority? Mr Speaker: Order. The question from the hon. Lady will be heard. The Prime Minister: I certainly give my support to Essex police and to all the county and district councils Nadine Dorries: Does the Prime Minister think it is that have been involved, and I pay tribute to my hon. about time he told the Deputy Prime Minister who is Friend for the very hard work he has put in on this the boss? [Interruption.] issue. What I would say is that it is a basic issue of fairness: everyone in this country has to obey the law, Mr Speaker: Order. I wanted to hear the question, including the law about planning permission and about but I want to hear the Prime Minister’s answer. building on green belt land. Where this has been done without permission it is an illegal development and so The Prime Minister: I know that the hon. Lady is those people should move away. I completely agree with extremely frustrated about the—[Interruption.] Perhaps the way in which he put his question. I should start all over again—[Interruption.] Iam going to give up on this one. Q5. [69968] John Woodcock (Barrow and Furness) (Lab/Co-op): The Prime Minister opposed Labour’s Q7. [69970] Nic Dakin (Scunthorpe) (Lab): With the anti-gang laws, but then the riots occurred and he Future Jobs Fund and education maintenance decided to strengthen them. Now he wants to weaken allowance having been scrapped, the number of young 355 Oral Answers7 SEPTEMBER 2011 Oral Answers 356 people not in education, unemployment and training is bank failures that cost the taxpayer so dear. We are at a record high of 18.4% on the Prime Minister’s looking forward to receiving Professor Vickers’ report. watch. When will things get better for our young It seems to me there are two vital things we have to people? secure—a safe and secure banking system for the future, but also proper bank lending, including to small businesses, The Prime Minister: Clearly, we face a difficult situation right now in our economy. That is what Government in terms of youth unemployment. Let us be clear that policy will be aiming for. the situation was getting worse during the economic good times, and there was a 40% increase in youth Q10. [69973] Grahame M. Morris (Easington) (Lab): unemployment over the time of the previous Government. The Prime Minister will be aware that his Government What we are seeing today is a disturbing increase in the are consulting on their changes to housing benefit number of those not in employment, education and claims under the criteria of under-occupancy. This will training over the age of 18, but under the age of 18 that adversely effect 450,000 disabled people, including number is coming down. The steps that we are taking 33,000 in the north-east alone, who stand to lose on are to improve schooling, to raise the participation age average £676 a year. A substantial number will be to 18 and massively to increase the level of apprenticeships affected in my constituency. How does this policy meet to 360,000 starts this year. We are also introducing the his Government’s fairness test? Work programme, which is the biggest back-to-work programme that has taken place in this country since The Prime Minister: We are making a specific exclusion the 1930s and it will also be made available to young to deal with people who have carers living in the home, people who are in danger of being left out of employment, but we do have to reform housing benefit. I think the education and training. whole House knows, frankly, that housing benefit was one of those budget items that was completely out of Q8. [69971] John Stevenson (Carlisle) (Con): I have control. In some parts of London, we had families been working with local businesses, my councils and claiming £60,000, £70,000 and £80,000 in housing benefit other organisations to help promote, expand and grow just for one family, so this does need to be reformed. It the Carlisle economy. Clearly, given the economic is no good for the Labour party— background, it is imperative that we grow both the local and national economy. Will the Prime Minister tell us what new measures the Government will Ed Balls (Morley and Outwood) (Lab/Co-op): How introduce to help promote such growth? many? The Prime Minister: I am grateful to my hon. Friend The Prime Minister: Frankly, too many. And it is no and I enjoyed seeing at first hand what is happening in good for the Labour party to complain about every Cumbria to try get the local economy moving. The single reduction to public spending when it left us with action we are taking obviously includes the cuts in the biggest budget deficit in Europe. corporation tax, the regional growth fund and the enterprise zones. Specifically for Cumbria, the money we are investing Mark Reckless (Rochester and Strood) (Con): The for superfast broadband will really help that county, Prime Minister has listened to Liberal Democrat colleagues particularly the most rural and far-flung parts, and will by delaying police elections until November next year. ensure that small businesses can benefit throughout the Will he now listen to Conservative colleagues and take county. the opportunity to hold a referendum on Europe?

Q15. [69978] Mark Tami (Alyn and Deeside) (Lab): The Prime Minister: That is an ingenious way of DNA and CCTV played a vital role in the arrest of putting the question. As I explained yesterday, I want us many of the looters. Why is the Prime Minister to be influential in Europe about the things that matter undermining that in the Protection of Freedoms Bill? to our national interest—promoting the single market, pushing forward for growth and making sure that we The Prime Minister: We are not. get lower energy prices. Those are the things that we will Q9. [69972] Sir Alan Beith (Berwick-upon-Tweed) (LD): be fighting for, but I do not see the case for an in/out When my right hon. Friend the Prime Minister comes referendum on Europe. We are in Europe and we have to consider next week’s Vickers report on the banks, got to make it work for us. which have been rescued with fantastic amounts of taxpayers’ money, will he have no truck with the banks’ Q11. [69974] Mr Dave Watts (St Helens North) (Lab): argument that they cannot be reformed to prevent Does the Prime Minister agree with his housing another crisis because they are having such a struggle Minister that due to the economic policies of the coping with the crisis they have already created? Surely Government, we now have a growth crisis? When he never again should British taxpayers have to bail out does a U-turn, will he choose to cut VAT, which is banks that are too big to fail. Labour’s policy, or to give tax cuts to the rich? The Prime Minister: My right hon. Friend is entirely The Prime Minister: The hon. Gentleman obviously right that the Government must take action to reform has not had time to read this great tome, which points the banks, and that is what we are doing. We have out that increasing VAT was Labour’s policy at the last already set out how we are getting rid of the tripartite election. What he should focus on is the fact that the structure that failed so badly under the previous person responsible for Labour’s economic policy at the Government, how we are putting the Bank of England last election has said it had no credible policy whatever. back in charge, and how we are making sure that, as he The problem for Labour is that absolutely nothing has put it, we cannot have in the future these catastrophic changed. 357 Oral Answers7 SEPTEMBER 2011 Oral Answers 358

Michael Ellis (Northampton North) (Con): Will the investment going ahead. We are continuing the extra Prime Minister join me in congratulating Members money going into ports to help the development of this from both sides of the House and in both Houses on industry and we back it all the way. their generosity in responding to the letter from Mr Speaker and the Lords’ Speaker in supporting a gift for Her Amber Rudd (Hastings and Rye) (Con): At a meeting Majesty the Queen for her forthcoming diamond jubilee this morning with organisations working in the horn of from this Parliament? Africa, representatives expressed their gratitude for the fact that the British public have been so generous and The Prime Minister: I am delighted to join my hon. the Department for International Development has Friend in praising everyone who contributed to this provided such leadership. That famine is continuing to very imaginative and sensible gift for Her Majesty’s become more severe. Will the Prime Minister ensure diamond jubilee. Perhaps I could pay particular tribute that the Government continue to provide international to him because he has worked so hard to make this leadership to help the people in east Africa? work. I think it will be a fitting tribute and it is something that the country should focus on. To have a diamond The Prime Minister: I can certainly give my hon. jubilee is an extraordinary thing for us to be able to Friend that assurance. The response of the British celebrate in our lifetimes. public has been remarkable. These are difficult economic times, but they have shown an incredible generosity and Q12. [69975] Barry Gardiner (Brent North) (Lab): With electricity and gas bills going up by 20%, and led the world in the contributions that they have made. with 6 million families in this country now facing fuel And because this Government, again in difficult economic poverty, does the Prime Minister still think it was right times, have made the decision to fulfil our pledge of to cut the winter fuel payment to pensioners by £100? reaching the level of 0.7% of national income going into aid, we are also leading the world in the amount of The Prime Minister: Let us be clear: we are going money that we are putting into the horn of Africa to ahead with the winter fuel payment set out by the vaccinate children, to save lives and to recognise that previous Labour Government in their Budget. At the this is an ongoing humanitarian crisis. same time, we are increasing the cold weather payments on a permanent basis, so this Government are being Q14. [69977] Huw Irranca-Davies (Ogmore) (Lab): more generous than the previous Government. Does the Prime Minister agree that his housing Minister is an absolute star? In the face of declining Simon Wright (Norwich South) (LD): In seeking to planning permissions for new build homes, in the face address the economic recovery, is it better to help those of fewer new homes being built in the previous who are taxed on incomes as little as £150 a week, or 12 months than in any year of Labour’s programme of those who, after tax, take home around 10 times that administration for house building, his Minister’s great amount? idea is to urge councils to build more moorings for houseboats. Fantastic. The Prime Minister: The hon. Gentleman makes a good point. Let me just point out two things that we The Prime Minister: I thought the hon. Gentleman have done that are totally in line with that, one of which was doing so well till he got all political. I think there is to lift 1 million people out of income tax altogether—that should be agreement across the House that house building is a coalition commitment that we have been delivering is too low in this country, and it is a shocking statistic on. The second thing, when it comes to tax credits, is that the typical first-time buyer is now in their mid-30s. that we have increased, over two years, by £290 the tax So we do need change, we do need more houses to be credits that go to the poorest families in our country. built, and I think my housing Minister is doing a That is why we have managed to take difficult decisions— first-class job. everyone knows we have had to take difficult decisions— without an increase in child poverty. In better economic Mr Matthew Offord (Hendon) (Con): While much times, under the previous Government, child poverty attention is being paid to the military activities occurring actually went up. in Libya over the summer, will the Prime Minister join Q13. [69976] Diana Johnson (Kingston upon Hull me in congratulating Captain Steve Norris and the crew North) (Lab): Bringing Siemens, manufacturing wind of the Royal Fleet Auxiliary’s Wave Ruler in the work turbines, to the Humber is vital for jobs and a they are doing combating drugs in the Caribbean? Not breakthrough on renewables, which will hopefully only did they intercept £50 million of cocaine over the increase the UK industry in this area. Local councils summer, but they have also been helping humanitarian and businesses are doing everything they can to attract efforts in the Overseas Territories following Hurricane Siemens to the area, but we face very strong foreign Irene. competition. Will this Government do what the last Government did and back this bid? Will the Prime The Prime Minister: My hon. Friend makes an important Minister do everything he can to secure Siemens point. While we obviously should focus on and praise coming to Hull? the incredible work that our services have done in Libya and Afghanistan, there are the ongoing tasks. He talks The Prime Minister: I absolutely agree with the hon. about drug interdiction in the West Indies. There is also Lady for raising this issue. I think it is vital for the the task of protecting the Falkland Islands. There is the future of our economy and the future of the area that work that we are doing to prevent piracy off the horn of she represents. I met Members of Parliament from Africa. In all these tasks people are giving a huge Humberside to discuss the issue. I have myself spoken amount of time and effort, and we should praise and to the head of Siemens about the importance of this thank them for what they do. 359 7 SEPTEMBER 2011 360

Point of Order Magna Carta Anniversary (Bank Holiday) Motion for leave to bring in a Bill (Standing Order 12.33 pm No. 23) Tessa Jowell (Dulwich and West Norwood) (Lab): Questions 1 and 3 on the original future day listings for 12.35 pm oral questions to the Minister for the Cabinet Office Mrs Eleanor Laing (Epping Forest) (Con): I beg to concerned proposals to abolish the Youth Justice Board move, and the office of the chief coroner—vital bodies scheduled That leave be given to bring in a Bill to designate Monday to be removed under the Public Bodies Bill. The 15 June 2015 as a bank holiday in the United Kingdom to mark Government transferred the questions to other Government the 800th anniversary of the signing of Magna Carta; and for Departments. Do you, Mr Speaker, not agree that the connected purposes. Opposition should be able to hold the Minister for the On 15 June 1215, the foundations of our democracy Cabinet Office to account on these specific and unpopular were laid when King John met his barons at Runnymede proposals? and sealed the historic document that has become known as Magna Carta. The effect of the Bill, which I now Mr Speaker: I am grateful to the right hon. Lady for bring before the House, would be to celebrate appropriately her point of order. I certainly agree that Ministers the 800th anniversary of that momentous occasion. should be held to account. The House will know that The concept of celebrating Magna Carta has widespread transfers are matters for the Department concerned, support. Indeed, Mr Speaker, we are grateful to you for not for the Speaker, although I am concerned that such having hosted in the Speaker’s House in June this year transfers should be made in good time. The right hon. the inaugural meeting of the all-party parliamentary Lady’s point will have been heard and noted on the Magna Carta group, many of whose members are present Treasury Bench. this afternoon. What better way to celebrate freedom than by having BILL PRESENTED a day’s holiday? I appreciate, of course, how difficult it is for businesses, service providers and schools to deal EUROPEAN UNION ACT 2011 (AMENDMENT)BILL with the consequences of a day’s holiday, and I am not Presentation and First Reading (Standing Order No. 57) suggesting that 15 June should be an extra day’s holiday, Mr William Cash, supported by Mr Bernard Jenkin, but, given the current discussions about moving the Mr John Whittingdale, Mr John Redwood, Geoffrey May bank holiday, the perfect replacement for the first Clifton-Brown, Mr Greg Knight, Mr Graham Stuart, Monday in May would be 15 June: Magna Carta day. Mr Richard Shepherd, Jacob Rees-Mogg, Chris Heaton- There is something unique and very special about Harris, Zac Goldsmith, Mr Peter Bone, presented a Bill celebrating Magna Carta. Its significance goes far beyond to apply the terms of the European Union Act 2011 these shores. Upon it are based not only our own such as to require approval by Act of Parliament and by constitutional freedoms, but those of the United States referendum of provisions for creating a fiscal union or of America, most of the Commonwealth and much of economic governance within the Eurozone. the European Union. Even in Scotland, where Magna Bill read the First time; to be read a Second time on Carta never had any force, its value as a constitutional Friday 21 October, and to be printed (Bill 228). document is still appreciated. The committee set up by the Magna Carta Trust, ably led by the inimitable Sir Robert Worcester, is proposing a Magna Carta day to the American Congress, to the Canadian, Australian, New Zealand, Trinidadian, Indian, South African and all Commonwealth Parliaments and to the legislatures of all countries that hold our values and suggesting that they observe the 800th anniversary and declare their Magna Carta day to share with ours. The German ambassador, when asked recently about the salience of Magna Carta, responded, “Magna Carta is known to everyone in Germany as the foundation of democracy—it is in the school syllabus.” What a pity it is not in our school syllabus. Winston Churchill was, of course, absolutely right, as ever, when said that Magna Carta was “the foundation of principles and systems of government of which neither King John nor his nobles dreamed.” Magna Carta established the very idea of the rule of law. It was the first formal document to insist that no one is above the law, however high his or her status. It also established that Executive power must proceed by recognised legal process, never unlawfully, when action is taken against an individual. In the 800 years since the principle of the rule of law was thus set down, every aspect of our country’s development has been influenced by it. This is not just dry, legal doctrine; it is our dependence on the belief in 361 Magna Carta Anniversary (Bank 7 SEPTEMBER 2011 362 Holiday) [Mrs Eleanor Laing] Health and Social Care (Re-committed) Bill this fundamental freedom that has shaped our nation’s character, fostering belief and pride in our basic liberty and giving us the confidence to question authority. [2ND ALLOCATED DAY] What began as an agreement to give people freedom Further consideration of Bill, as amended in the Public from royal interference has developed over eight centuries Bill Committee into a range of fundamental liberties. Now it is not the monarch who tries to interfere in the lives of our Clause 10 people; it is the state.

As we—Parliament—battle daily to keep the people DUTIES OF CONSORTIA AS TO COMMISSIONING CERTAIN we represent as free as possible from state interference, HEALTH SERVICES the principles of Magna Carta are every bit as important as they were 800 years ago. British people know that 12.46 pm they have an inalienable right to freedom and to challenge the authority of Government. We have fought for that Nadine Dorries (Mid Bedfordshire) (Con): I beg to right through the ages—not only for ourselves, but for move amendment 1, page 6, line 8, at end insert— others right across the world. ‘(c) after paragraph (f) insert a new paragraph as follows— Looking at the events of the so-called Arab spring “(g) independent information, advice and counselling services for women requesting termination of pregnancy to over the past few months, we see how much still has to the extent that the clinical commissioning group considers be done in trying to win those precious rights for those they will choose to use them.”.’. who still do not have them. As President Obama said when he addressed our Parliament in May: Mr Speaker: With this it will be convenient to discuss “Centuries ago, when kings, emperors and warlords reigned the following: over much of the world, it was the English who first spelled out Amendment 2, page 6, line 8, at end insert— the rights and liberties of man in the Magna Carta… through the struggles of slaves and immigrants, women and ethnic minorities, ‘(2A) After subsection (1) insert a new subsection as follows— former colonies and persecuted religions, we have learned better (1A) In this section, information, advice and counselling is than most that the longing for freedom and human dignity is not independent where it is provided by either— English or American or Western—it is universal, and it beats in (i) a private body that does not itself provide for the every heart.” termination of pregnancies; or Magna Carta is a rare piece of legislation, perhaps (ii) a statutory body.”.’. unique, that has not just endured but evolved over the Amendment 1221, in clause 14, page 9, line 37, at end centuries. Although many of its provisions have been insert— repealed, and rightly so, by later legislation, its principles ‘( ) After paragraph 8 insert— none the less echo throughout the ages and across the globe today. Today, we need to rein in the power of an “Provision of independent information, advice and counselling services for women requesting a termination of pregnancy overbearing nanny state just as much as our forebears of the 13th century had to restrain the power of the 8A (1) A local authority must make available to women requesting termination of pregnancy from any clinical commissioning king. group the option of receiving independent information, advice I am not asking that we declare a bank holiday to and counselling. mark the signing of some dusty old piece of 13th century (2) In this paragraph, information, advice and counselling are paper or, indeed, the actions of an unpopular monarch independent where they are provided by either— some 800 years ago. We need a special holiday so that (a) a private body that does not itself refer, provide or have the British people can celebrate today’s freedoms on any financial interest in providing for the termination 15 June 2015—Magna Carta day. Our constitution, our of pregnancies; or civil liberties, our individual rights, the rule of law and (b) a statutory body.’. the bedrock of our democracy are all too often taken Amendment 1252, page 9, line 37, at end insert— for granted. However, we must never forget that the ‘( ) After paragraph 8 insert— price of freedom is eternal vigilance, so let us cherish and appreciate our freedom, and let us celebrate it. “Provision of advice relating to unplanned pregnancy I urge the House to support the Bill to give the people 8A The Secretary of State must ensure that all organisations offering information or advice in relation to unplanned pregnancy a holiday to celebrate Magna Carta and all that it still choices must follow current evidence-based guidance produced stands for. by a professional medical organisation specified by the Secretary Question put and agreed to. of State.”.’. Ordered, Amendment 1180, in clause 240, page 226, line 31, at That Mrs Eleanor Laing, Mr Graham Allen, Helen end insert— Goodman, Robert Halfon, Oliver Heald, Mr Bernard ‘(1) Regulations must require NICE to make Jenkin, Mr Peter Lilley, Mrs Anne Main, Stephen Metcalfe, recommendations with regard to the care of women seeking an Mr David Ruffley, Iain Stewart and Mr Jack Straw induced termination of pregnancy, including the option of receiving independent information, advice and counselling about present the Bill. the procedure, its potential health implications and alternatives, Mrs Eleanor Laing accordingly presented the Bill. including adoption. Bill read the First time; to be read a Second time on (2) The regulations must require health or social care bodies or Friday 25 November, and to be printed (Bill 227). any private body that provides for the termination of pregnancies to comply with the recommendations made by NICE under subsection (1).’. 363 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 364 (Re-committed) Bill (Re-committed) Bill Nadine Dorries: Four weeks ago I was not sure whether unions can contact Members’ constituents and ask them I would get to the point where I could speak in the to e-mail individual MPs, but I cannot afford to promote Chamber today. This has been a long and hot-under-the- the amendment in that way. The press barons, whom collar summer. Following my announcement of my the unions have fed with their response to the amendment, intention to table the amendment, I have been threatened can pour what they want into the newspapers, but I with being throttled, car-bombed, burned alive and a cannot. What we have seen is an absolute divide. host of other distasteful and unpleasant ways in which I would meet my end. Luciana Berger (Liverpool, Wavertree) (Lab/Co-op): I shall not go into detail about any of these responses Will the hon. Lady give way? to my amendment. Needless to say, some of them Nadine Dorries: I will give way, because the hon. involved bodily functions to a graphic degree, and some Lady has commented previously on the press in this regard. of the scatological messages were unbelievable. I will not repeat the bile that has poured into my inbox every Luciana Berger: Will the hon. Lady please tell the day. I do not think there is anything that I or my staff House exactly who funds the Right to Know e-mails could be threatened with, or that we could read or be that many of us have received in our constituency told now, that would elicit any shock from us. There is inboxes? nothing worse that we could hear. Before I go into the detail of the amendment, I shall Nadine Dorries: I will answer that question, and after talk about a significant and substantial shift as a result I do I hope the hon. Lady will tell me who funds Labour of the amendment. It has always been the tradition of Friends of Israel. I have no idea who funds Right to the House that abortion issues have been discussed and Know, as I am sure Labour Members have no idea who debated in the Chamber and the media have commented funds a number of campaigns that support them. on what happened, usually in a reasonable way. But the amendment has changed the game for ever. All Members Rachel Reeves (Leeds West) (Lab): At what point will in all parts of the House know, particularly from the the hon. Lady move on to the substance of the amendment, 2008 debate, that we debate with passion. I would say rather than issues such as Israel and how Unison funds that the 2008 debate was one of the best debates of the political campaigning? previous Parliament. However, we all remain courteous Nadine Dorries: I absolutely will—that is why I am and friendly with each other following the debates. The here—but it is important to explain the context and the usual parliamentary knock-about and the usual games background to some of misinformation that Members take place—I shall say more about that in relation to have received in their inboxes. This is my opportunity to the amendment in a moment—but the debate usually correct the misinformation MPs have been fed about takes place here and the media comment on what the amendment. happens here as it happens. The amendment has created a divide that was not I have no greater opponent in the House on this issue present before, including in 2008. The Guardian and The than the right hon. and learned Member for Camberwell Times and the union-funded Abortion Rights have and Peckham (Ms Harman). In 2008 she was the whipper-in mounted a campaign against the amendment. I must and the mover behind what happened in that debate, say that the core Conservative vote newspapers, The but I have no greater respect for almost any other Daily Telegraph, the Daily Mail and so on, have been woman in the House than I do for her. I hugely respect supportive, so this chasm and the politicisation of abortion what she has achieved for women and humanity, and I has begun as a result of the amendment and as a result know that she approaches the issue honourably, as I of the unions and the left-wing media. hope I do. It is incredibly sad, therefore, that my summer has been made so difficult not by Opposition Members, Chris Bryant (Rhondda) (Lab): Like The Times? who have all been incredibly quiet, but by the nastiness and the response of the left-wing media and union-funded Nadine Dorries: There are lots of comments being organisations. made from a sedentary position, Mr Speaker, but The The past four weeks have been incredibly difficult. Times has actually fed that divide directly and repeated The campaign against the amendment has been much of the information it has been given. I want to co-ordinated by an organisation known as Abortion answer some of the accusations made about me in Rights, which is funded by Unison and a number of response to the amendment. I do not have the press other small unions. It also received membership barons’ money to mount and fund a campaign. I have contributions, but, as I was told in a meeting with the not received a penny. In fact, I am broke. My office has organisation, it is largely funded by the unions and not received a penny in funding. Unison is the biggest contributor. [Interruption.] Iam not saying that every penny is not accountable; I am just Lilian Greenwood (Nottingham South) (Lab): Will informing the House that the campaign has been funded the hon. Lady give way? by the unions. I do not think that there is a problem Nadine Dorries: No. with that. I have also been accused of being a religious Emily Thornberry (Islington South and Finsbury) fundamentalist. Like 73% of the country, I am a member (Lab): Who funds yours? of the Church of England and have Christian beliefs, but I am not sure when that became a crime and Nadine Dorries (Mid Bedfordshire) (Con): I will tell prevented me from having an opinion. On Saturday, the hon. Lady exactly who funds my campaign—nobody. The Guardian printed a flow chart showing the conservative Neither I, nor my office has received a single penny. Christians who are supposed to be mounting a sphere Here, to me, is the disadvantage of the amendment. The of influence with the amendment. I did not know who 365 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 366 (Re-committed) Bill (Re-committed) Bill [Nadine Dorries] Dr Julian Huppert (Cambridge) (LD): Does the hon. Lady accept the comments of the Royal College of 95% of the people mentioned were or the organisation Obstetricians and Gynaecologists, which essentially says they represent. If I followed Islam or Judaism, I wonder that there is not a problem? It has commented: what the response would have been to such a flow chart “The system, as it stands, works well.” in The Guardian. I found the chart absolutely reprehensible and disgusting. Nadine Dorries: Well, that comment is probably the most fatuous we will hear in the debate, and probably Chris Bryant: Will the hon. Lady give way? the most disrespectful to women. I would like to know what the hon. Gentleman thinks about the report published Nadine Dorries: I absolutely will not. last week in the British Journal of Psychiatry that I want to mention some of the other lies that have women who have an abortion are twice as likely to been printed about me. I have been accused of wanting suffer from mental health problems. Of course, I realise to reduce the number of abortions by introducing the that the report he quotes from was probably written by amendment. That is absolutely not the objective. However, men. I realise that the women who go through abortion if any individual in the street was asked about the and suffer as a result do not go back to the Royal amendment and told that it might bring down the College of Obstetricians and Gynaecologists to give number of abortions, would they say, “Well, that’s a feedback. good thing,” or would they say, “We’re proud of the fact that 200,000 abortions a year are performed in the Dr Huppert rose— UK”? That is the highest number in western Europe. Nadine Dorries: I will not give way again to the hon. Would the individual in the street say that that is a good Gentleman, as I am sure that he will have an opportunity thing? No, they would say that it probably would be a to make his point when he is called to speak later. good idea if something could help to bring that number down. I do not want to restrict access to abortion. The Mr David Burrowes (Enfield, Southgate) (Con): My amendment is not about restricting access. I do not hon. Friend was right to introduce her remarks to the want to return to the days of Vera Drake-style back-street House and highlight the unacceptable personal attacks abortionists. That is not what the amendment is about. I that have been made against her, which denigrate an am pro-choice, although I am presented as pro-life in issue of vital importance and interest to the whole every newspaper. The pro-life organisations are in fact House. The House needs to rise above that in today’s e-mailing pro-life MPs to tell them not to vote for the debate. With regard to evidence of change, could she amendment. I am pro-choice. Abortion is here to stay. indicate what research she has done on how much It is absolutely ridiculous that the amendment has face-to-face counselling takes place in organisations been portrayed as something that would restrict access such as the British Pregnancy Advisory Service, for to abortion. The amendment is about medical practitioners example? making to a woman who presents at their surgery or Nadine Dorries: I thank my hon. Friend, and in a organisation an offer of independent counselling, not moment I will come on to the difference between counselling compulsory counselling. Every single day I have read a and consultation, and what is available to women. headline stating that the amendment is intended to drive women into the arms of religious fundamentalists 1pm via compulsory counselling. That is absolutely not true. Any Member who rose and claimed that the amendment Another piece of misinformation that has been put would make counselling compulsory would be being about is the idea that the amendment would prevent or untruthful. It is nothing more than an offer. It is an delay the abortion process. Again, that is incredibly offer made to some women who, when presenting at a untrue. Counselling would be delivered within 24 to GP’s practice, may have doubts, may be confused and 48 hours, and the abortion process would take seven to may feel that they would like to accept. That is all it 14 days to arrange. This amendment, this offer of is—an offer. I find it very difficult to understand how counselling, is not for women who have made up their anyone can object to a vulnerable woman being made mind and—fantastic for them—want to go straight to an offer of counselling when she is suffering from a the abortion clinic; it is for women who may be in crisis pregnancy. distress. The counselling would be delivered within 24 to 48 hours, so there would be no delay whatever to the Jim Shannon (Strangford) (DUP): I thank the hon. abortion process. In fact, many women who accepted Lady for giving way, and I commend her courage and the offer of counselling and proceeded to an abortion perseverance. Does she share the concern of many in would proceed empowered, because they would have this House and outside about the businesslike and had the opportunity to talk through their situation with commercial decisions that are taken in relation to abortion someone totally impartial— and feel that, because one hour of counselling a week Lyn Brown (West Ham) (Lab) rose— for everyone is not enough, it is wrong that a commercial industry has been made out of abortion? Does she Kate Green (Stretford and Urmston) (Lab)rose— agree that when abortion becomes a business, the feelings of people have been lost? Nadine Dorries: I want to finish this point, and then I will give way. Nadine Dorries: The hon. Gentleman makes a pertinent The counsellor would be completely impartial, give point about the relationship between financial incentive no advice or direction and be entirely independent, so if and abortion counselling, which I will talk about in a the woman had been through the process and then moment to make it quite clear how the amendment continued to abortion, she would do so knowing that relates to the issue. she had talked through her options with somebody. 367 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 368 (Re-committed) Bill (Re-committed) Bill Rachel Reeves: Will the hon. Lady give way? Nadine Dorries: That is a very important point, and in a moment I will come on to the financial link and the financial incentives, with some other information that Nadine Dorries: No, I have given way to the hon. we have. Lady once. I will give way to the hon. Lady who also acts as a Whip. Mrs Helen Grant (Maidstone and The Weald) (Con): Will my brave hon. Friend confirm her belief that Lyn Brown: I am listening with interest to the hon. existing counselling services have the capacity to deal Lady. How can she guarantee that the counselling that with the level of referral? she proposes will not delay the abortion process? Nadine Dorries: That is precisely the next point in my speech; my hon. Friend must have been looking over my Nadine Dorries: I have spoken to organisations that shoulder! provide counselling and have 80,000 registered counsellors throughout the UK. [HON.MEMBERS: “Who?”] The I now turn to the counselling provision available to British Association for Counselling and Psychotherapy. women today. Many women do not want or need I asked, “If somebody required counselling, was at a counselling. They find out that they are pregnant and GP’s practice and a telephone call was made, how long know exactly what they want to do, but those are would it take to get a counsellor to a particular woman?” frequently the women who are supported—who have The answer was that counselling could be delivered in partners, family and friends who will support them the GP’s practice, at another venue or in the woman’s through that awful situation. No woman wants to have home, and that it could be anything from immediate to an abortion, but many know that they have to, for within 48 hours. various reasons, and this amendment is not about them. A mystery shopper, however, recently approached several Registered counsellors, who have e-mailed me regularly abortion clinics posing as a young woman who was since the amendment was tabled, say that they would pregnant and unsure of what to do. Every time I love to work—counselling is a growing industry—and mention BPAS there is a howl from Opposition Members, to have the opportunity to work with women in that but I am going to mention it in this instance, because situation. Unfortunately, however, counselling is available this is irrefutable evidence. on the NHS only via the abortion provider or via the hospital. The individual posed at a central London clinic as a 26-year-old pregnant woman who did not know what to do, and she asked for counselling. I shall come on to the Mark Pritchard (The Wrekin) (Con): I am grateful to difference between counselling and consultation, but my courageous and honourable Friend for giving way. she said that she did not know what to do, because she As 147 babies were terminated after 24 weeks in the had been given the immediate consultation, was not past year—a 29% increase on the previous year—does sure whether to go through with the pregnancy, and she agree that such counselling should also include the therefore wanted an abortion. She was told that, at that fact that many of those terminated babies, who had very busy clinic in central London, one hour of counselling minor disabilities such as cleft lips, cleft palates, half an was available at one set time per week. I believe that ear or having only one ear, could have been dealt with when she revealed her identity she was offered another through modern cosmetic reconstructive surgery? hour. In fairness to BPAS, it says that it has flexibility in the Nadine Dorries: I thank my hon. Friend for that system and can offer more hours. Why did it not do so? comment. That is a different debate, but he highlights If it has flexibility, how much is there? an important issue, and it is abhorrent that 147 babies were aborted for cleft palate, hare lip and minor cosmetic Chris Bryant: I am very grateful—[Interruption.] The issues. I have a godson who had a club foot, and he was hon. Lady says something from a sedentary position. I a wonderful young boy and is a wonderful young man. I wholly deprecate the fact that she has had threats made, find it quite amazing that anybody would choose to but it is inappropriate to bring forward this amendment abort a baby because they had a club foot, but that is an to this Bill, because if we are going to consider abortion issue for another day. The amendment does not cover it, we should be considering the whole issue in the round, but it is an important point. not just appending something to this kind of Bill. As she knows, I disagree with her, but she will also know also that the whole point of counselling, in any Mr Stewart Jackson (Peterborough) (Con): Does my circumstance, is to allow a person to come to the right hon. Friend share my incredulity at those Opposition decision for themselves. That is precisely what BPAS, Members who maintain that an organisation such as Marie Stopes and others provide, because any counsellor BPAS—the British Pregnancy Advisory Service—can who does not do that is not worth their salt. be independent in its counselling, when in its March 2011 report and financial statement it notes that Nadine Dorries: I would love to hear how the hon. “an increase in procedures of 13 per cent against the background Gentleman knows that that is what happens in Marie of falling national trends in 2010-11” Stopes and BPAS. He always speaks on such issues as is someone with huge experience, but I am highlighting at this moment what happens. If he thinks that one hour “a significant achievement”? per week, at a set time at a busy London clinic, for the How can the opponents of the amendment maintain entire throughput of women having abortions, is enough that there is no fiscal link and no conflict of interest? counselling, so be it; that is his opinion. 369 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 370 (Re-committed) Bill (Re-committed) Bill Fiona Mactaggart (Slough) (Lab) rose— Nadine Dorries: I will give way in a minute. There is a huge disparity between the figures that Mr Chuka Umunna (Streatham) (Lab) rose— show both where a woman received her counselling and her decision. In 2008, BPAS announced that the proportion Nadine Dorries: I should like to make this point of women who came to it and decided not to proceed before I take any more interventions, because I also with an abortion was as high as 20%. Unfortunately, want to defend BPAS. I do not want it to look as if I am freedom of information requests asking for the figures attacking the organisation, because it, and probably and the contracts with PCTs show that that is not true: more so, Marie Stopes, do what they do—the clinical the real figure is 8%, and sometimes even lower in some procedure of carrying out abortion—incredibly well. PCTs. I am not sure why an abortion organisation The service that they provide for the NHS is absolutely would say that its figures for women who do not proceed vital, and I do not want to see Marie Stopes or BPAS to an abortion are higher than they actually are. disappear or to diminish their roles. They have a job to do, and they do it well. Their job is the provision of Gavin Shuker rose— clinical abortions, and I want that to continue. Kate Green rose— Louise Mensch (Corby) (Con): Will my hon. Friend Nadine Dorries: I want to finish this point, and then I confirm that it is still safe for those of us who do not will give way. I know that the hon. Member for Stretford have concerns about the counselling that BPAS and and Urmston (Kate Green) wants to intervene, and I Marie Stopes offer to support her amendment, because will take an intervention from the hon. Member for it does not prevent BPAS and Marie Stopes from offering Luton South (Gavin Shuker) first, in a moment. counselling? I, for one, have no such concerns, yet I am prepared to vote for her amendment, because it does There is a huge disparity in the figures, and the not prevent those organisations from offering advice. freedom of information request shows an even bigger Will she confirm that? disparity. Marie Stopes had told me—I hope I get this right—that the proportion of women who go to the Nadine Dorries: My hon. Friend is not totally correct, organisation and do not proceed to termination is about because the whole purpose of the amendment is to 15%, although I do not know what freedom of information separate out the financial situation. I shall come on to requests would show about those figures. The fact is that in a moment. I disagree with my hon. Friend, and if that abortion providers are saying that 20% or 15% of she listens to the rest of the debate she will understand women do not proceed to abortion, although freedom why. I do not believe that the place where an abortion of information requests show that the figure is 8%, as was carried out is the right place for someone suffering was shown in the press this week. I have no idea why from post-abortion distress to receive their counselling—a there is that disparity, or why they would say that the situation that many women suffering from post-abortion figure is 20% when it is not. distress have told me about. Several hon. Members rose— Andrew Selous (South West Bedfordshire) (Con): I Nadine Dorries: I give way to the hon. Member for am grateful to my hon. Friend and parliamentary Luton South. neighbour. May I for a second take the debate from the general to the particular? I think that she is on to Gavin Shuker: The hon. Lady has rightly probed the something. I mentioned a 23-year-old constituent of relationship between counselling and abortion on behalf mine who, having been to an abortion clinic, then went of those of us who feel uncomfortable about that to a clinic such as my hon. Friend advocates. It was then relationship. However, does she agree that 90 minutes her decision: she decided to change her mind, and today does not seem like a long time for us to debate the has a beautiful three-month-old daughter. She is pleased implications of what is going on? The Bill is substantively that she had the opportunity for that counselling, which about the nature of the NHS, and not about abortion no one forced her to take. That is why I think my hon. provision. In that light, I urge her to consider whether it Friend is on to something. is appropriate to divide the House on this issue.

Nadine Dorries: I hope that my hon. Friend is talking Nadine Dorries: I do feel that it is appropriate to about the Crisis pregnancy centre in Dunstable, which I divide the House on this issue, because I would like the have visited along with many others. It does amazing amendment to be part of the Bill. work with young women. Several hon. Members rose— Craig Whittaker (Calder Valley) (Con): Marie Stopes Nadine Dorries: I am not going to take any interventions International said in the briefing that it sent to all MPs for a few minutes. I would like to go back to the fact that only 2% to 2.5% of women who go through the that only one hour of counselling is available in a busy abortion counselling process opt to keep the child. Does London clinic. I ask Members, just for a moment, to my hon. Friend agree that that may indicate an incredibly put themselves in the shoes of a 16-year-old girl who poor success rate among counselling services? turns up at that clinic and does not know what to do. She is pregnant and panicking. Some of her friends tell Nadine Dorries: I thank my hon. Friend for that her to have an abortion and some tell her not to. She intervention, because I am coming to another interesting does not want to tell her parents because she is scared of statistic that I have not yet included in my speech. doing so. Her boyfriend is saying to her, “You’ve got to have an abortion and get rid of it.” That is a mish-mash Gavin Shuker (Luton South) (Lab/Co-op) rose— of the four or five stories a day that we hear in my office. 371 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 372 (Re-committed) Bill (Re-committed) Bill 1.15 pm The manager and staff at the centre in my constituency The girl starts vomiting in the morning and carries on have said that they find insulting the idea that when all day. She feels sick and ill and cannot think straight. they are giving counselling they are somehow seeking to She is not sleeping because she is scared stiff. She has persuade those who come to them to have an abortion, not gone to school for more than a week because she when that is not the case. In fact, when I visited BPAS thinks that people there will be able to tell that she is recently a couple of young ladies had come to the centre pregnant. She is out of her mind with worry. She turns intending to go through with an abortion but subsequently up at a clinic and is told, “Sorry, that one appointment’s decided not to because of the counselling that they been taken. You’ll have to go to Richmond.” The girl received. does not even know where Richmond is, and she has never even been to hospital without having her mum Nadine Dorries: All I can say is that we will look at with her. the freedom of information figures that have come from I would like hon. Members to think about what it is the clinic in the hon. Gentleman’s constituency. If what like for that 16-year-old girl, and what they have against he says is the case, that must have been the year’s a GP or somebody else offering that girl an hour’s allocation for that clinic, because the FOI request counselling so that she can talk through the issues and information that we have received does not show that. reach the right conclusion for her, non-advised. Several hon. Members rose— Several hon. Members rose— Nadine Dorries: No, I will carry on for a bit longer. Nadine Dorries: I know that others want to speak. I I want to talk about the difference between consultation have been speaking for a while and I want to get to the and counselling. I doubt very much whether the constituents end, so I will keep going for a bit longer. I will take of the hon. Member for Streatham had counselling; I interventions in a minute. [Interruption.] think they probably had consultation. There is a big difference. Every woman who turns up at an abortion Mark Pritchard: Soubry, zip it! [Interruption.] Sorry, clinic has a consultation, but that is about the medical Mr Speaker. process—the side effects and what is going to happen. Every e-mail that we receive from women on this subject Mr Speaker: Order. The hon. Gentleman should involves a consultation. This is how the law stands withdraw that remark. today; my hon. Friend the Member for Broxtowe (Anna Soubry) might want to listen to this, as most of the way Mark Pritchard: I withdraw it, Mr Speaker. through she has been nodding in agreement with the adverse comments. Mr Speaker: I am grateful to the hon. Gentleman. When a woman turns up at an abortion clinic, the Let us try to maintain proceedings on an even keel. The clinic does not offer counselling. It does offer consultation, hon. Gentleman has said that he is sorry, and that is but the woman has to ask for counselling; it is not fine. offered. She has to ask—or the doctor in the clinic has to see that a woman is in a particular position, or be Nadine Dorries: As I said, I do not want to look as if I alarmed enough by her state to offer counselling. I want am knocking abortion providers. As a nurse, I assisted to make the point very clear: counselling is not offered, with many terminations. I do not want to look as if I but has to be asked for. [Interruption.] Someone says feel that there is no place for abortion provision. I am from a sedentary position that it is, but if it is, the centre pro-choice and do not want to return to those other is operating outside the guidelines, because counselling days. is not offered.

Jim Shannon rose— Mr Edward Leigh (Gainsborough) (Con): I am sure that many abortion providers do their level best to give Mr Chuka Umunna rose— advice, but that is not the point being made. Surely in any field of endeavour it is not appropriate for the Nadine Dorries: I give way. provider of a service to give the so-called independent advice. That is the key point—and, frankly, the only Jim Shannon rose— point.

Mr Umunna rose— Nadine Dorries: As I have said to many people, I will come on to the financial situation and the reasons for it. Mr Speaker: Order. It is important that the hon. Lady makes it clear to whom she is giving way. To recap, the amendment proposes that abortion clinics make an offer of counselling, which they do not make because under the guidelines they have no provision Nadine Dorries: I give way to the hon. Member for to make it—the woman has to ask for it. Streatham (Mr Umunna). Last week, The British Journal of Psychiatry reported Mr Umunna: The central point of disagreement for that women who abort are twice as likely to suffer from many people is the implication in the amendment that mental health problems. the abortion providers—BPAS has presence in my constituency—are incapable of providing impartial Dr Huppert: Will the hon. Lady give way on that independent counselling to those who come to them. point? 373 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 374 (Re-committed) Bill (Re-committed) Bill Nadine Dorries: No. Dr Sarah Wollaston (Totnes) (Con): Will my hon. I do not want to ban abortion—I want it to continue— Friend give way? but should we not be taking better care of our young girls and women? Should we not be offering them Nadine Dorries: No, I should like to continue. [HON. something better? How do women get to the position of MEMBERS: “Give way!”] I will give way once more and suffering mental health problems as a result of abortion? then not until I have finished the next section. Jim Shannon: The hon. Lady will be aware of facts Dr Wollaston: My hon. Friend has twice quoted the and figures that indicate that a number of people who Royal College of Psychiatrists and asserted that there is have had abortions regret it afterwards. Does she feel a much higher rate of mental illness after termination that if the consultation process is done correctly and the of pregnancy, but the RCP has made it clear—any information is shown to the person who wishes to have Member can look online at the draft of its very the abortion, they would perhaps then decide that the comprehensive evidence review—that we have to compare child they are carrying could develop into a young lady like with like. In other words, we have to make a and have life? Does she feel that the consultation process comparison with rates of mental illness after unwanted is clearly where the issue has to be addressed and that pregnancy.Looking at the rates after unwanted pregnancy, the emphasis has to be on the counselling, not on the we see that there is no difference between the rate of abortion? mental illness after termination of pregnancy and live birth. Indeed, the biggest predictor of mental ill health Nadine Dorries: The hon. Gentleman makes a point after a termination of pregnancy is whether somebody that is pertinent to his own beliefs. What I believe about was suffering with problems beforehand. counselling is that no advice should be given, that there should be no direction, and that it should be completely Nadine Dorries: The hon. Lady makes the assumption impartial. It should be an influence-free zone—a bubble— that I want women to continue with unwanted pregnancies. where a woman can sit and talk through the issues with That is not the case. I have made the point that abortion somebody who is not guiding her. That is what counselling is here to stay for any woman who wants an abortion. should be. The amendment simply proposes that any woman who Every single day I receive e-mails from women who feels that she wants or needs counselling can be offered do not want other women to experience what they have it—that is all. I find it very difficult to understand why experienced—who do not want their daughters to go the hon. Lady would feel that anybody in a crisis through what they have gone through. I receive e-mails pregnancy should not be offered counselling. Why should from staff who are working in, or have worked in, they not? abortion clinics. I am in dialogue with some very senior members of staff of a number of organisations and Mr Stewart Jackson: The hon. Member for Cambridge abortion clinics across the UK— (Dr Huppert), who is currently fulfilling his role as Dr Evan Harris’s vicar on earth, expressed the view that Luciana Berger: Will the hon. Lady give way? everything is fine at the moment. Does my hon. Friend share my concern that it is routine for primary care Nadine Dorries: No, I will not give way again. trusts absolutely to refuse to reveal the financial relationship Those members of staff are themselves not necessarily they have—for instance, with Marie Stopes or BPAS—on happy with the guidelines and the way in which they are the basis of commercial confidence, and that it takes forced to operate. I speak to people at abortion clinics freedom of information requests to get that information? across the UK who would like the guidelines to change The system is clearly not working, and if we want because they do not necessarily feel that women receive transparency and openness, things have to change. the counselling that they should receive because it is not offered but has to be asked for. Nadine Dorries: My hon. Friend is absolutely right. Not only that, but the accounts of BPAS and Marie Kate Green rose— Stopes, which are revealed via the Charity Commission, can sometimes be three years out of date—we do not Nadine Dorries: I give way to the hon. Lady, who has get to see them until three years later. That is amazing tried to intervene several times. when one considers that the Charity Commission is Kate Green: Where in the hon. Lady’s amendment is paid £60 million of taxpayers’ money each year. there a guarantee of the quality of counselling that This, for me, is about the women who have contacted women would receive from such organisations? me and asked me to propose this amendment on their behalf, and I have to dedicate some of this speech to Nadine Dorries: I hope that the quality of counselling them. Every day I receive e-mails and speak to people— is determined by the professional bodies by which the counsellor is accredited—they determine the standard Luciana Berger: Will the hon. Lady give way on that of counselling. It does not matter whether counselling point? is for an abortion, for cosmetic surgery, or for anything else—it has a defined manner in which it is delivered, Nadine Dorries: No. which is that advice is not given, that influence is not I constantly speak to people at a high level across the asserted, and that it is totally impartial. Any counsellor abortion industry, and they always tell me that no who is trained as such and accredited by a professional woman goes through those doors wanting to be there. body delivers counselling in that manner. All women’s stories are the same; there is a theme that Let me return to the mental health issue and the runs through every single one. The individual circumstances e-mails that I receive on a daily basis. One of the may be different, but the stories all start in the same way problems— and with the same questions: “Will I lose my job or 375 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 376 (Re-committed) Bill (Re-committed) Bill won’t I lose my job?”; “Will he leave me or won’t he Nadine Dorries: I thank my hon. Friend for his candour. leave me?”; “Will my parents kick me out or won’t they However, I inform him that opportunities to debate kick me out?” The questions are all the same; there are abortion in this House do not come very often. In fact, no surprises. Many women say that once they are referred— the last time it happened was in 2008 when I had to table an amendment to another Bill, which was Dr William McCrea (South Antrim) (DUP): Perhaps controversial. The same criticism was made that the this is not about this particular debate on the amendment, amendment should not have been tabled to that Bill. but I have to say that some of us in this House have the The fact is that the Government do not make provision conviction that the emphasis seems to be on the right of for abortion to be discussed in this House. Therefore, it the woman and that it is about time we spoke about the either has to be attached to a Bill like this or it does not right of the unborn child. They have rights too. happen at all, unless one is drawn first in the ballot for private Members’ Bills. Nadine Dorries: The hon. Gentleman is a man of great conviction and, I think, a lay preacher, and we all Dr Lee: Yes, but my point is that this is such an respect and honour his views. However, the amendment emotive subject—we can tell from the responses on is not about the unborn child; it is about the woman both sides of the House that people feel passionately accessing counselling. about this—that the debate needs to be calm and considered and the language both here and in the media must not Margaret Hodge (Barking) (Lab): Will the hon. Lady be inflammatory or incendiary, because if it is, it polarises give way? the debate and those of us who want to see progress towards abortion not being so prevalent in society get Nadine Dorries: No, I want to continue for a bit terribly frustrated. longer. Nadine Dorries: Well, I hope that the unions and the The diagnosis of pregnancy happens very quickly. left-wing media will take my hon. Friend’s comments One can buy a pregnancy testing kit for £1. It is possible on board. that the reason some women suffer distress following an abortion is that they can be tested before they have even Andrew Selous: I wonder whether my hon. Friend will missed their first period. For some women, that is clarify something. It is my understanding that if she fantastic and they go straight for an abortion when they chooses to press any of her amendments to the vote, it find out. For others, however, it all happens so quickly will be amendment 1221. I wonder if that might be that they can be aborted by the time they are seven or more acceptable to my hon. Friend the Member for eight weeks pregnant, and then afterwards, when the Bracknell (Dr Lee) than amendment 1, which he may pressure has gone and the coercion has disappeared, have been speaking about. they realise— Nadine Dorries: The amendments are grouped, but Dr Phillip Lee (Bracknell) (Con): Will my hon. Friend when I spoke to the Table Office last night, I was told give way? that I would speak to amendment 1 and that amendment 1 would be pressed to the vote. I hope that the Clerks Nadine Dorries: May I just finish this point? When will clarify that. [Interruption.] I will take advice from those women would have been 10 weeks pregnant, two the Clerks, but when I spoke to the Clerk last night, I or three weeks after the abortion, they realise that they was told that it was amendment 1. [Interruption.] My could have worked it out and that they could have got hon. Friend the Member for South West Bedfordshire there somehow. That is when the problems are beginning (Andrew Selous) is going to find out for me now. to kick in. That is why an increasing number of women On the offer, the amendment would provide space are becoming very anxious about the fact that they do and time to talk and think for women who are feeling not receive pre-abortion counselling. That is why I confused—that is all. receive so many e-mails and why other organisations I now come to the financial arrangements between receive them. abortion clinics and counselling providers. If anybody in this House were to take out a mortgage today, the 1.30 pm person who sold them the mortgage would have to refer them elsewhere for independent advice. If it was a Dr Lee: I want to place it on the record that as husband and a wife, I believe that they would have to go somebody who wants a reduction in the time limit on to separate advisers, because they cannot both take abortions provided in this country; who wants independent advice about taking out the mortgage from the same counselling to be provided; who has seen many patients person. I wonder why we feel it is appropriate that who have had mental health problems post-abortion, organisations that take £60 million a year of taxpayers’ such as self-harming and depression over 10 years; and money and are paid to carry out abortions give advice who has been present at a termination and watched an on the procedure. eye go past in a tube, with a cursory reference made to it by the consultant, unfortunately I am frustrated by the Penny Mordaunt (Portsmouth North) (Con): I am a way in which the amendment has been tabled. The hon. former director of the largest patient organisation in Member for Rhondda (Chris Bryant) made the point Europe, which provides services on the commissioning that abortion as an issue should be talked about in the side and the provider side through advice and support. round. As a consequence, I cannot support the amendment, It is a charity that deals with long-term conditions. We but that does not mean that I do not support the had to follow extremely strict rules to ensure that there principles and the desire to make abortion as infrequent was no conflict of interests and we could not provide in our society as possible. commissioning services to an area of the country if we 377 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 378 (Re-committed) Bill (Re-committed) Bill [Penny Mordaunt] or brave enough to ask for it. If an organisation is paid that much for abortions, where is the incentive to reduce were also on the provider side. Why does she think that them? that situation has not existed for this particular area of I will move on to the tactics that have been used in health care? this House to thwart the amendment. I wish to be very clear and will take no more interventions. I went to see Nadine Dorries: Because, unfortunately, abortion the Prime Minister regarding this amendment and he provision and counselling is never scrutinised thoroughly was very encouraging. In fact, it was at the Prime or legislated on. No legislation happens in this place to Minister’s insistence that I inserted the word “independent”. deal with abortion. It is an issue that can never be I have attended a meeting at the Department of Health debated. People shy away from debating abortion because at which it was decided what process would be implemented of the uproar that results so things do not happen that to make this a reality. perhaps should happen. If one is to have cosmetic surgery and it is deemed that it might have a psychological Last weekend, the former MP for Oxford West and effect, one would be offered independent counselling. Abingdon, Evan Harris, who has spent most of the day That does not happen with abortion. in the office of the hon. Member for Cambridge (Dr Huppert)—he is still here, tabling his amendments— Mr Umunna: Will the hon. Lady give way? turned up on the airwaves expounding the theory that there is no evidence of a problem, that the amendment Nadine Dorries: No, I would like to continue on the is unnecessary as nothing needs to be fixed, that the financial incentives. status quo should remain and that the abortion industry BPAS and other organisations would say that they do should be allowed to continue under the veil of secrecy not have to meet targets and that they have no financial that it has. concerns. However, BPAS has advertised for business I received a message informing me that the former development managers, whose primary function is to Member for Oxford West and Abingdon had approached increase its market share—those are its own words in the Deputy Prime Minister’s office and exerted pressure. the advert. If an organisation advertises that it wants to In fact, he tweeted exactly that, saying that he had increase the number of abortions, can we trust it to applied pressure on the Deputy Prime Minister, who provide vulnerable women who walk through the door had now forced the Prime Minister to make a climbdown. with the counselling that they need? On pensions mis-selling, Basically, a Liberal Democrat—in fact, a former MP this place has separated by law the people who provide who lost his seat in this place—is blackmailing our and sell pensions from the people who advise on pensions. Prime Minister and our Government. Our Prime Minister is being put in an impossible position regarding this Mr Frank Field (Birkenhead) (Lab): Does the hon. amendment. Our health Bill has been held to ransom by Lady accept that she might further her case if she a former Liberal Democrat MP, who has focused on concluded her contribution soon? this amendment. The interesting thing is that ComRes polling shows Nadine Dorries: Sorry? that 78% of the public support the amendment. Mr Field: My advice was that the hon. Lady might further her case if she concluded her remarks shortly. Martin Horwood (Cheltenham) (LD) On a point of order, Mr Speaker. Nadine Dorries: Yes, I will. I will come to a conclusion now, as time is whizzing Simon Hughes (Bermondsey and Old Southwark) away because of the interventions. I thought long and (LD) rose— hard before tabling this amendment. Like so many issues— Nadine Dorries: I will not give way. The right hon. Gentleman may be interested to know— Angie Bray (Ealing Central and Acton) (Con): Will my hon. Friend give way? Mr Speaker: Order. I apologise for interrupting the hon. Lady, but there is so much noise in the House that Nadine Dorries: No, I am going to close. I thought it is sometimes difficult to know whether somebody is long and hard about tabling this amendment. Like so seeking to intervene or standing for another purpose. many issues concerning abortion, it is a highly emotive Point of order, Mr Martin Horwood. area. There are those who believe that the right to an abortion is so sacred that, no matter what, it should Martin Horwood: On a point of order, Mr Speaker. Is never be touched, debated or reformed. There is not a it in order for an hon. Member to accuse a former hon. single MP in this House who has not been asked by a Member of blackmail in the course of their speech? constituent about their beliefs on this issue. I am sure That is an accusation of a criminal offence. that many prefer, understandably, to fudge a response, particularly when the reaction to discussing abortion Mr Speaker: I am grateful to the hon. Gentleman. can be so aggressive, as I have found to my cost. My understanding at present is that there has been The amendment is about one thing and one thing no breach of order. However, I would say to the only: providing women with more choice. It would hon. Member for Mid Bedfordshire (Nadine Dorries) allow women who are at their most vulnerable greater and to the House that temperate language, moderation access to support. It must be wrong that the abortion and good humour are the essential features referred to provider that is paid £60 million to carry out terminations in “Erskine May”, and it is best if they inform our also provides the counselling when a woman feels strong debates. 379 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 380 (Re-committed) Bill (Re-committed) Bill Nadine Dorries: Thank you, Mr Speaker. 1.45 pm I think our Prime Minister has been put in an impossible Ms Diane Abbott (Hackney North and Stoke Newington) position. I want every Liberal Democrat Member to (Lab): The decision to seek an abortion may be the know that in the polling that was done, support for the most serious and difficult that many women face in amendment was 78% among the public, but it was their lives, and I think it deserves some seriousness and highest among those who voted Liberal Democrat in calm in this debate. the 2010 election, at 84%. For nearly five decades, this House has been in agreement that abortion and matters related to it should be above Dr Huppert: Will the hon. Lady give way? mere party and partisan politics. For nearly five decades, there has been a settled pro-choice majority in this Nadine Dorries: No, no, no. House and in the country, and for nearly five decades I think that is because Liberal Democrats traditionally the House has believed that when Members of all support choice. Is it any wonder that the person in parties have religious or ethical objections to abortion, question is now the former Member for Oxford West their right to vote against it should be absolutely respected. and Abingdon? However, this amendment is not about that. It is a shoddy, ill-conceived attempt to promote non-facts to Andrew Percy (Brigg and Goole) (Con): Will my hon. make a non-case. Friend give way? Several hon. Members rose— Nadine Dorries: It is time to make a decision not informed by the Liberal Democrats, and without Ms Abbott: I am afraid that we are an hour into an being blackmailed by a Liberal Democrat or held to hour-and-a-half debate, and I am anxious to allow time ransom by the Liberal Democrats. It is time to make a for other Members to speak. decision based on our conscience. I say to hon. Members: The case that the amendment is intended to make is be prepared to stand by your view today for a long time, that tens of thousands of women every year are either as it will be on everyone’s parliamentary record. In not getting counselling that they request, or are getting weighing up whether to support the amendment, Members counselling that is so poor that only new legislation can should bear in mind the fact that 78% of the public remedy the situation. I might say, after many years in support it. This is why we are here as Members of the House, that in matters of this kind, if legislation is Parliament—to make difficult decisions such as this, the answer we have almost certainly asked the wrong not to be blackmailed or held to ransom. This is why we question. are MPs—because our constituents expect us to be The amendment is the opposite of evidence-based brave. They expect us to stand up in the face of blackmail policy making. We know that the British Medical and be accountable. Association advises its members: “A decision to terminate a pregnancy is never an easy one. In Andrew Percy: Will my hon. Friend give way? making these decisions, patients and doctors should ensure that the decision is supported by appropriate information and counselling Nadine Dorries: It does not happen very often in about the options and implications.” the House, but we have a conscience vote. It hardly We know that the Royal College of Obstetricians and ever happens, but we are all personally answerable Gynaecologists guidance on abortion states: for the decisions that we take. This decision is about “Women should be given counselling according to their need— nothing more than supporting an offer of counselling including post-abortion if she needs it. All women should be to vulnerable women who may need it and who may use offered standalone counselling. The counselling should include: it as a lifeline. implications counselling (aims to enable the person concerned to understand the…course of action…); support counselling (aims to give emotional support in times of particular stress) and Andrew Percy: Will my hon. Friend give way? therapeutic counselling (aims to help people with the consequences of their decision and to help them resolve problems which may Nadine Dorries: How many times do I have to say no arise as a result)”. to my hon. Friend? We know that Department of Health regulations state: This is about being accountable for our views, which “Counselling must be offered to women who request or appear is what Parliament is all about. I do not see why we to need help in deciding on the management of the pregnancy or should shy away from putting our positions on the who are having difficulty in coping emotionally”. record. If Members want to stand in the way of a We also know that all the clinics that have been discussed woman’s basic right to independent counselling, then in the debate are inspected and regulated. they should vote against this proposal. However, if they Yet the proposers of the amendment are asking us to want to ensure that a woman can have access to very believe, on the basis of purely anecdotal evidence, that basic support, they should vote for the amendment. It is tens of thousands of doctors, nurses and charity workers up to them—support these reasonable measures to provide involved in the 190,000 abortions a year are wilfully all women with independent counselling, or stand in the ignoring both the law and the guidance of the British way of that basic support. Medical Association and the Royal Colleges. They go This vote is about women. I want every woman in this further than that, arguing that tens of thousands of country to be able to look every MP in the eye and ask, doctors, nurses and charity workers are merely in it for “How did you vote for me and my daughters? What was the money. They imply that those men and women are the decision that you took?”Every MP will be accountable involved in some sort of grotesque piecework. It is for that vote and that decision today. almost as though they were paid per abortion. The 381 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 382 (Re-committed) Bill (Re-committed) Bill [Ms Abbott] some sort of media celebrity. Another issue is the number of very young women who have been badly parented, proposers of the amendment, I might add, also seem to who have children too young and who, with all their be arguing that thousands of women do not actually good intentions, parent their own children badly in know what they are doing. It tells us something about turn. Even in an era of financial constraint, those are the validity of their claims that they are obliged to the issues that this House should be addressing. smear tens of thousands of doctors and nurses to make Nobody is saying that arrangements in relation to any kind of case. No wonder that a journalist for The counselling cannot be improved. I believe that the Sunday Times—no friend of the liberal left, but one hon. Member for Cambridge (Dr Huppert) has tabled who happens to have served as a lay member of the a good amendment to that effect, which some of us Royal College of Obstetricians and Gynaecologists—last hope finds favour in another place. However, the Bill weekend described the amendments as a “senseless and and the amendment are not appropriate for a full and sinister bid” to cut abortions. careful debate on abortion. The amendments deal with matters that are amply covered by existing law and Mr Kevin Barron (Rother Valley) (Lab): I agree with regulations. my hon. Friend. Any evidence that we have heard has been anecdotal—we have heard of a 16-year-old’s journey Mark Pritchard rose— and of e-mails that hon. Members have seen but that I have not. However, my hon. Friend makes a real point. Dr Daniel Poulter (Central Suffolk and North Ipswich) The conclusion of the consultation might be that a (Con) rose— termination takes place, but this is the only procedure in this country that requires the informed consent of two Ms Abbott: I shall give way to the hon. Member for doctors. Government Members besmirch doctors by Central Suffolk and North Ipswich (Dr Poulter). saying that such things happen daily, but that is not true. From my nine years on the General Medical Dr Poulter: The hon. Lady is making an excellent Council, I recognise that we have good ethical guidelines speech and has outlined the fact that there is adequate for doctors. Nothing is done without the informed provision for counselling in the status quo. Doctors, consent of two medical practitioners. nurses and other medical professionals who must deal with such situations every day have adequate measures Ms Abbott: My right hon. Friend makes an excellent in place, as the Royal College of Obstetricians and point. Gynaecologists has outlined. They do not look only at Several hon. Members rose— the medical consultation, but at the whole patient, as we have heard. If that means that counselling is required, Ms Abbott: I would be more willing to give way were they will ensure that their patient gets it. Does she agree we not so far advanced in a debate that will last for only that this is not the place for the amendment, which an hour and a half. I was not aware that so many Back serves no purpose, and that we need to get on and Benchers wanted to contribute, because they have not debate the Bill? hitherto tried to intervene. Some colleagues have expressed their surprise that Ms Abbott: I am grateful to the hon. Gentleman, who yet again we are discussing women’s reproductive rights is, of course, a practising doctor who knows a great deal in this House, but they should not be surprised. Abortion more about these matters than many of us in the House. has never stood on its own as a technical issue; it is part As hon. Members have heard, the amendments deal of a century-long debate about women’s sexuality, womens’s with matters that are amply covered by existing law and rights and women’s freedoms. Sadly, for some people regulations that are well known to doctors and nurses. that is apparently still contested ground in 2011. Some They deal with matters that must, at the end of the day, even argue that the proposals are best seen as part of a be between a woman and a doctor. I deprecate the wider push on the socially conservative agenda that has extent to which amendment 1 is an attempt to import been so successful for right-wing politicians in America. American sensationalism, confrontation and politicisation Thankfully, in this country, that agenda has come up into these issues in a way that will be of no benefit to against a determination to keep such issues above party ordinary women. politics, the absence of a Fox News pumping out socially There is no evidence base for the amendments, and conservative propaganda 24 hours a day and British on the basis of all the recent polls there is no substantive common sense. support for amendments of this nature. Legislation I could say many things on the lack of an evidence addressing the issues raised by Government Members is base behind the amendments, but let me say this: women— already in place. This House should have more respect both individual women and women in general—have for the medical profession and for the vulnerable women been called in aid in this debate, and indeed they face who put themselves forward for abortion in one of the very real problems in this society, here in 2011. They most difficult periods in their lives, rather than support face spiralling unemployment as a direct consequence an amendment of this nature, which is spurious and of the coalition’s policies and the sexualisation of our baseless. I urge the House emphatically to reject the culture, which affects younger and younger female amendment. children—[Interruption.] I hope that hon. Members listen to this, because it is a point that many mothers The Parliamentary Under-Secretary of State for Health and fathers will understand. Too many young women in (Anne Milton): I feel that I need to start by saying that communities up and down the country think that the this debate is about women; it is not about hon. Members. only road to fame and fortune is to pump their bottom It is about ensuring that women get the very best and their breasts full of silicone and tout themselves as possible services that they not only need but deserve. 383 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 384 (Re-committed) Bill (Re-committed) Bill There was much comment and speculation ahead of whom we are talking. We have heard passionate the debate, not all of it accurate or helpful. It might contributions this afternoon, and I want to harness and therefore be useful if I explain the Government’s approach corral them to create the calm and balance that we all to meeting the spirit of the amendments without primary want to be established, so that we can consult and arrive legislation. I associate myself with my hon. Friend the at the best conclusions. I also stress that the regulations Member for Bracknell (Dr Lee), who urged calm and would be subject to affirmative resolution. balance. Today’s debate has not necessarily reflected Whether women want to take up the offer of independent either of those things. counselling will be a matter for them, but we are clear How do the Government intend to meet the spirit of that the offer should be made. The hon. Member for the amendments? Hackney North and Stoke Newington (Ms Abbott) mentioned the post-abortion period. That is a critical Kate Green: Will the Minister give way? time on which there is little focus.

Anne Milton: I need to make a little progress. Chris Bryant: Will the Minister give way? The Bill gives new public health functions to local government. In some cases, the steps that local authorities Anne Milton: I am afraid that time is against me. must take will be prescribed in regulations, which include the provision of sexual health services and abortion I hope that what I have said reassures my hon. Friend services. That will be a duty of local authorities and not the Member for Cambridge (Dr Huppert), who I believe of clinical commissioning groups—some of the is trying to be helpful, but we do not support any of the amendments in the group have caused confusion about amendments. We intend to ensure that the independent that. We intend to specify in regulations that local counselling offered to women follows the highest standards authorities must ensure that part of what they commission of good practice. My hon. Friend’s amendment 1252 is is a choice of independent counselling. therefore unnecessary, as well as, we believe, unenforceable Amendments 1 and 2 would fragment the service by as currently drafted. It does not define “information or splitting responsibility for the commissioning of counselling advice”, and crucially, it does not mention independent and for the commissioning of the rest of the service. If counselling. Counselling is different from advice and they and amendment 1221 were to be made, clinical support. However, the Government support the spirit commissioning groups and local authorities would have of the amendments, and we intend to present proposals different but overlapping duties in relation to independent for regulations after consultation. Not only is primary counselling, and the definition of “independent” would legislation unnecessary, but it would deprive Parliament be different for each. We would have a fragmented of the opportunity to consider the detail of how the service, which none of us wants. Most women go to service will develop and evolve. their GP, which is not the same as a clinical commissioning Amendment 1180 would oblige the Government to group, or they self-refer to an abortion provider, so make regulations requiring NICE to produce guidance amendment 1221 would not work. on abortion services. It would also oblige NICE to make specific recommendations in the guidance. That 2pm conflicts with other provisions in the same clause that prevent central interference in the substance of the None the less, the amendments have highlighted some NICE recommendations. Clearly that would seriously important issues. There are indeed no quality standards damage the independence of NICE and its reputation for abortion counselling, and women are not always for evidence-based guidance. The second part of the offered the opportunity to have counselling. It is worth amendment would require health or social care bodies, repeating that we want counselling to be provided by or private providers of abortion services, to comply appropriately qualified people who offer non-judgmental, with all recommendations made by NICE, which would therapeutic support, and who act according to their effectively mean that NICE was setting essential professional judgment, in the best interests of their requirements for abortion services, which is not its job clients, without undue influence or regard to outside or function. That is the role of the Care Quality interests. Commission, and those standards and qualities are I know there has been considerable interest in exactly driven by good commissioning. what “independent” should mean and in whether it must automatically mean independence from the abortion Andrew Selous: We all greatly appreciate the calm and service provider in every possible way. That is not a measured way in which the Minister is responding. Is simple question, and it is certainly not as simple a she aware that, in 2006-07, a Labour-dominated Science question as the amendments imply.There are permutations and Technology Committee recommended that those of financial, organisational and clinical independence functions should be taken over by NICE? to be considered. For example, would the amendments mean that a self-employed counsellor who had a contract with a charitable abortion provider for two days a week Anne Milton: No, and I thank my hon. Friend for was independent on the other three days, or not? raising the point. The only reason why I took his intervention was that NICE had not been given a Before we legislate, we want to think through all the mention yet. implications—including financial and legal—of a definition. We also want to consult widely and publicly as part of our proposals to help us ensure that we really improve Chris Bryant: Will the Minister give way? services for women at what we all know is an extremely difficult time in their lives. We need to consult the Anne Milton: I will not, I am afraid. I must make public; indeed, we need to consult the women about progress. 385 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 386 (Re-committed) Bill (Re-committed) Bill [Anne Milton] Despite what has happened today, I think it important for us to try to use this event to make it clear that we will The amendment would not, incidentally, require local have different debates about abortion in the House of authority commissioners of abortion services to comply Commons in future, for we should have such debates. with NICE recommendations. We should be more concerned with facts, and less This does not, of course, mean that NICE has nothing concerned with trying to put our sticky fingers into to contribute. Hon. Members may know that it is currently other people’s souls and pronouncing that they have considering a draft library of NHS quality standards, failed. which includes a proposed topic on abortion services. We may have an opportunity to air the issue further at Dr Huppert: I am delighted to have a chance to speak that point. in the debate. It is tempting to respond to all the I hope that hon. Members are reassured by our comments made by the hon. Member for Mid Bedfordshire proposals and by my personal involvement in the issue. (Nadine Dorries), but I shall avoid doing so. Instead, I shall make just two points. Chris Bryant rose— First, let me quote something that was said by the Anne Milton: The hon. Member for Rhondda (Chris right hon. Member for Bristol South (Dawn Primarolo) Bryant) is clearly not reassured, but perhaps he will let before she became Deputy Speaker. She said of the hon. me finish. Member for Mid Bedfordshire: It is a very long time since I worked in a maternity “The hon. Lady has asserted many things to be facts that are not… Some of the things that she is saying are not borne out by unit, but I worked in one run by the Salvation Army, the evidence.”—[Official Report, 20 May 2008; Vol. 476, c. 263.] and I have seen many young women go through the trauma of an unplanned and unwanted pregnancy. Yes, I think that that is extremely true. we need to do a great deal more to prevent unwanted pregnancies from happening in the first place, but when Nadine Dorries: Will the hon. Gentleman give way? faced with such a situation, young, and indeed older, women need help and support to make the decision that Dr Huppert: Unfortunately there is not much time, is right for them without interference from any vested but I will give way once. interests. The amendments were tabled in a spirit of improving services for women, but they will not work. They will not deliver what my hon. Friend the Member Nadine Dorries: Would the hon. Gentleman care to for Mid Bedfordshire (Nadine Dorries) wants, or what I be absolutely specific? Will he focus on what he thinks want. They will not work for women. I urge my hon. those facts are and then give me a chance to respond? Friend to withdraw her amendment and to work with me to ensure that we secure the right services for women. Dr Huppert: I am afraid that there will not be time to go through all that. The hon. Lady challenged me to Mr Frank Field: I will be brief, because I know that comment on some evidence that she had provided, and others wish to speak. then would not allow me to do so. The hon. Member for I thought that I would be addressing the House about Totnes (Dr Wollaston) remarked on that. an amendment with my name on it, but, for reasons The Royal College of Psychiatrists has clearly done a unknown to me, my name was dropped from it. What I much better systematic review than the one the hon. wanted to say, however—and it is reinforced by the way Member for Mid Bedfordshire (Nadine Dorries) looked in which the Minister has approached the matter—is at. It shows: that while I thought that the original amendment involved “Where studies control for whether or not the pregnancy was an issue that we should consider, I believe that the planned or wanted, there is no evidence of elevated risk of mental Minister has dealt with it. The hon. Member for Mid health problems.” Bedfordshire (Nadine Dorries) and I embarked on this As I have said, that is a much more detailed review. journey together, and my plea to her now is not to press the amendment. The Minister has provided us with an Unfortunately, there is not sufficient time to cover all advance which I hope will signal a change in the temper the other topics the hon. Lady would like to talk about. of the abortion debate in the House. I congratulate her, however, as it takes a lot to unite This has been one of those debates in which people Abortion Rights with the Society for the Protection of emphasise motives and rarely take voting records into Unborn Children, both of which oppose her amendments. account. I put my name to that amendment because in The SPUC has been very clear that it cannot ask MPs every vote on the subject that has taken place in the to support the amendments. 30 years for which I have been in the House, I have Let me move on, however, and ask whether there is voted against wrecking the Abortion Act, and I thought actually a problem that we need to address: are there that there was an issue here that should be considered. too many abortions? The best way to reduce the number However, I feel that the Minister has more than met the of abortions is by empowering individuals, by providing point, and she has widened the debate about what the better access to contraception and by providing better inquiry will cover. I hope that the whole House will pay sex and relationships education at school to both boys attention to her and to my hon. Friend the Member for and girls. Are there areas where we need better advice Hackney North and Stoke Newington (Ms Abbott). and counselling? Absolutely, there are. People who have Presumably a report will be produced once the consultation had a miscarriage do not get the counselling support has been completed, and perhaps we shall then be able that they desperately need. We should focus attention to have a debate opened by Front Benchers in which on that. For all the reasons that have been discussed, I Back Benchers’ speeches are time-limited. urge the House to reject these amendments. 387 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 388 (Re-committed) Bill (Re-committed) Bill I want to speak in favour of my amendment 1252, (2) In this paragraph, information, advice and counselling are which proposes that evidence-based advice should be independent where they are provided by either— given. Although the Government will not support the (a) a private body that does not itself refer, provide or have amendment if it is put to a vote, I was pleased to hear any financial interest in providing for the termination that they accept the principle behind it, which is that we of pregnancies; or want that expert advice. I am not a medical doctor—I (b) a statutory body.’.—(Nadine Dorries.) am not an obstetrician or gynaecologist—but they have Question put, That the amendment be made. clearly stated what they think the best advice is, and it The House divided: Ayes 118, Noes 368. should be followed. We should expect all groups giving advice to live up to this high standard. Women—all Division No. 339] [2.14 pm people—should get proper medical advice, and it should be the best advice available. They should not be misled, AYES and they should not have made-up risks told to them. Adams, Nigel Hollobone, Mr Philip The Royal College of Obstetricians and Gynaecologists Aldous, Peter Howarth, Mr Gerald has excellent guidance from 2004, and all organisations Amess, Mr David Jackson, Mr Stewart should stick to it. I confirm that the British Pregnancy Bacon, Mr Richard Javid, Sajid Advisory Service and Marie Stopes stick to that guidance, Baker, Steve Kawczynski, Daniel and so should all other groups. Baldry, Tony Kelly, Chris Beith, rh Sir Alan Leadsom, Andrea I trust the Government when they say that they will Bellingham, Mr Henry Lee, Jessica stick to that advice—the best medical advice. I have Benton, Mr Joe Lefroy, Jeremy some concerns about some of the Government’s other Berry, Jake Leigh, Mr Edward comments however, and I hope to have a chance to talk Birtwistle, Gordon Lidington, rh Mr David to the Minister in greater detail, although this debate Blackman, Bob Long, Naomi has not been the forum in which to do that. I urge the Blackwood, Nicola Lord, Jonathan House to stand up for what it believes in, to reject the Brady, Mr Graham Loughton, Tim presentation we heard earlier and to reject the amendments. Brazier, Mr Julian Main, Mrs Anne Bridgen, Andrew Maynard, Paul Nadine Dorries: First, I should point out that the Bruce, Fiona McCartney, Karl Buckland, Mr Robert McCrea, Dr William hon. Member for Cambridge (Dr Huppert) was referring Burns, Conor McDonnell, Dr Alasdair to an older study. Burrowes, Mr David McPartland, Stephen We have heard a number of points of view. I take on Cairns, Alun Menzies, Mark board the comments of the right hon. Member for Cash, Mr William Mercer, Patrick Birkenhead (Mr Field) and I appreciate the response Chishti, Rehman Metcalfe, Stephen from the Minister. She is my friend, and she has gone Clappison, Mr James Miller, Maria out of her way to understand the issue and to bring this Coffey, Dr Thérèse Morgan, Nicky debate to a calm and reasoned conclusion. Colvile, Oliver Mosley, Stephen Cooper, Rosie Mulholland, Greg This debate is not just about my amendment. There Crabb, Stephen Newmark, Mr Brooks are many people who support it, as I have frequently Davies, Philip Nuttall, Mr David stated. [Interruption.] I have no idea why whenever I de Bois, Nick Ollerenshaw, Eric stand the hon. Member for Rhondda (Chris Bryant) Dobbin, Jim Paterson, rh Mr Owen always feels the need to continue chatting; he should Docherty, Thomas Percy, Andrew just be quiet. Dodds, rh Mr Nigel Pincher, Christopher I heard what the right hon. Member for Birkenhead Donaldson, rh Mr Jeffrey Pound, Stephen M. Pritchard, Mark said, and I have listened to the Minister. Unfortunately, Dorries, Nadine Reckless, Mark I am being urged by many other people, not least those Duncan Smith, rh Mr Redwood, rh Mr John who have told their stories, to go to a vote, because Iain Rees-Mogg, Jacob there are people who want a line drawn in the sand here. Durkan, Mark Robertson, Mr Laurence I shall therefore press amendment 1221 to a Division. Evans, Jonathan Rosindell, Andrew I beg to ask leave to withdraw the amendment. Evennett, Mr David Roy, Mr Frank Flello, Robert Rutley, David Amendment, by leave, withdrawn. Fox,rhDrLiam Scott, Mr Lee Fuller, Richard Selous, Andrew Garnier, Mark Shannon, Jim Clause 14 Glen, John Shelbrooke, Alec Glindon, Mrs Mary Shepherd, Mr Richard OTHER SERVICES ETC.PROVIDED AS PART OF THE Goodwill, Mr Robert Shuker, Gavin HEALTH SERVICE Grant, Mrs Helen Simpson, David Amendment proposed: 1221, page 9, line 37, at end Gray, Mr James Stewart, Iain insert— Grayling, rh Chris Streeter, Mr Gary Greatrex, Tom Swayne, rh Mr Desmond ‘( ) After paragraph 8 insert— Gummer, Ben Tomlinson, Justin “Provision of independent information, advice and counselling Halfon, Robert Vaz, rh Keith services for women requesting a termination of pregnancy Hands, Greg Vickers, Martin 8A (1) A local authority must make available to women Hayes, Mr John Walker, Mr Charles requesting termination of pregnancy from any clinical commissioning Henderson, Gordon Wallace, Mr Ben group the option of receiving independent information, advice Hermon, Lady Whittaker, Craig and counselling. Hinds, Damian Whittingdale, Mr John 389 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 390 (Re-committed) Bill (Re-committed) Bill Wilson, Mr Rob Mr Brian Binley and Gyimah, Mr Sam Liddell-Grainger, Mr Ian Wilson, Sammy Mr Peter Bone Hague, rh Mr William Lloyd, Stephen Tellers for the Ayes: Hain, rh Mr Peter Lloyd, Tony Hames, Duncan Llwyd, rh Mr Elfyn Hamilton, Mr David Lopresti, Jack NOES Hamilton, Fabian Love, Mr Andrew Abbott, Ms Diane Coffey, Ann Hammond, Stephen Lucas, Caroline Abrahams, Debbie Collins, Damian Hancock, Matthew Lucas, Ian Ainsworth, rh Mr Bob Connarty, Michael Hanson, rh Mr David Mactaggart, Fiona Alexander, rh Danny Cooper, rh Yvette Harman, rh Ms Harriet Mahmood, Shabana Alexander, rh Mr Douglas Corbyn, Jeremy Harper, Mr Mark Mann, John Alexander, Heidi Crausby, Mr David Harrington, Richard McCabe, Steve Ali, Rushanara Creagh, Mary Harris, Rebecca McCann, Mr Michael Allen, Mr Graham Creasy, Stella Harris, Mr Tom McCarthy, Kerry Anderson, Mr David Crockart, Mike Harvey, Nick McCartney, Jason Arbuthnot, rh Mr James Crouch, Tracey Haselhurst, rh Sir Alan McClymont, Gregg Ashworth, Jonathan Cryer, John Havard, Mr Dai McDonagh, Siobhain Austin, Ian Cunningham, Mr Jim Healey, rh John McDonnell, John Bain, Mr William Cunningham, Tony Heath, Mr David McFadden, rh Mr Pat Baldwin, Harriett Curran, Margaret Heaton-Harris, Chris McGovern, Alison Balls, rh Ed Dakin, Nic Hemming, John McGovern, Jim Banks, Gordon Danczuk, Simon Hendry, Charles McGuire, rh Mrs Anne Barker, Gregory Darling, rh Mr Alistair Hepburn, Mr Stephen McIntosh, Miss Anne Baron, Mr John Davey, Mr Edward Heyes, David McKechin, Ann Barron, rh Mr Kevin De Piero, Gloria Hillier, Meg McKenzie, Mr Iain Barwell, Gavin Dobson, rh Frank Hilling, Julie McKinnell, Catherine Bayley, Hugh Donohoe, Mr Brian H. Hodge, rh Margaret McVey, Esther Beckett, rh Margaret Doran, Mr Frank Hodgson, Mrs Sharon Meacher, rh Mr Michael Begg, Dame Anne Dorrell, rh Mr Stephen Hoey, Kate Meale, Sir Alan Bell, Sir Stuart Dowd, Jim Hollingbery, George Mearns, Ian Benn, rh Hilary Doyle, Gemma Hopkins, Kelvin Michael, rh Alun Beresford, Sir Paul Dromey, Jack Hopkins, Kris Miliband, rh David Berger, Luciana Duddridge, James Horwood, Martin Miliband, rh Edward Betts, Mr Clive Eagle, Ms Angela Howell, John Miller, Andrew Blackman-Woods, Roberta Eagle, Maria Hughes, rh Simon Milton, Anne Blears, rh Hazel Edwards, Jonathan Huhne, rh Chris Mitchell, Austin Blenkinsop, Tom Efford, Clive Hunt, Tristram Moon, Mrs Madeleine Blunkett, rh Mr David Elliott, Julie Hunter, Mark Moore, rh Michael Blunt, Mr Crispin Ellis, Michael Huppert, Dr Julian Morrice, Graeme (Livingston) Boles, Nick Ellison, Jane Hurd, Mr Nick Morris, Anne Marie Brake, rh Tom Ellman, Mrs Louise Irranca-Davies, Huw Morris, Grahame M. Brennan, Kevin Engel, Natascha Jackson, Glenda (Easington) Brine, Mr Steve Esterson, Bill James, Margot Morris, James Brokenshire, James Eustice, George James, Mrs Siân C. Mowat, David Brooke, Annette Evans, Chris Jamieson, Cathy Mudie, Mr George Brown, rh Mr Gordon Evans, Graham Johnson, rh Alan Munn, Meg Brown, Lyn Fabricant, Michael Johnson, Gareth Munt, Tessa Brown, rh Mr Nicholas Field, rh Mr Frank Johnson, Joseph Murphy, rh Mr Jim Brown, Mr Russell Flint, rh Caroline Jones, Andrew Murray, Ian Bruce, rh Malcolm Flynn, Paul Jones, Graham Murray, Sheryll Bryant, Chris Foster, rh Mr Don Jones, Helen Nandy, Lisa Buck, Ms Karen Fovargue, Yvonne Jones, Mr Kevan Nash, Pamela Burden, Richard Francis, Dr Hywel Jowell, rh Tessa Newton, Sarah Burnham, rh Andy Freer, Mike Joyce, Eric Nokes, Caroline Burns, rh Mr Simon Fullbrook, Lorraine Kendall, Liz O’Brien, Mr Stephen Burstow, Paul Gapes, Mike Khan, rh Sadiq O’Donnell, Fiona Burt, Lorely Gardiner, Barry Kirby, Simon Offord, Mr Matthew Byles, Dan Garnier, Mr Edward Laing, Mrs Eleanor Onwurah, Chi Byrne, rh Mr Liam Gauke, Mr David Lamb, Norman Osborne, rh Mr George Campbell, Mr Alan George, Andrew Lammy, rh Mr David Osborne, Sandra Campbell, rh Sir Menzies Gillan, rh Mrs Cheryl Lancaster, Mark Ottaway, Richard Campbell, Mr Ronnie Gilmore, Sheila Lansley, rh Mr Andrew Owen, Albert Carmichael, rh Mr Alistair Glass, Pat Latham, Pauline Pearce, Teresa Carmichael, Neil Goldsmith, Zac Lavery, Ian Penning, Mike Caton, Martin Goodman, Helen Lazarowicz, Mark Percy, Andrew Chapman, Mrs Jenny Graham, Richard Lee, Dr Phillip Perkins, Toby Clark, Katy Green, Kate Leech, Mr John Perry, Claire Clarke, rh Mr Kenneth Greening, Justine Leslie, Charlotte Phillipson, Bridget Clegg, rh Mr Nick Greenwood, Lilian Leslie, Chris Pickles, rh Mr Eric Clifton-Brown, Geoffrey Griffith, Nia Lewis, Brandon Poulter, Dr Daniel Clwyd, rh Ann Griffiths, Andrew Lewis, Mr Ivan Qureshi, Yasmin Coaker, Vernon Gwynne, Andrew Lewis, Dr Julian Randall, rh Mr John 391 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 392 (Re-committed) Bill (Re-committed) Bill Raynsford, rh Mr Nick Thomas, Mr Gareth (d) the exercise by a local authority of any of its other Reed, Mr Jamie Thornberry, Emily functions— Reeves, Rachel Thurso, John (i) which relate to public health, and Reid, Mr Alan Timms, rh Stephen Reynolds, Emma Tredinnick, David (ii) for which its director of public health has responsibility; Riordan, Mrs Linda Trickett, Jon (e) the provision of services by another person in pursuance Robertson, Hugh Truss, Elizabeth of arrangements made by a local authority in the Robertson, John Turner, Karl exercise of any function mentioned in paragraphs (a) Robinson, Mr Geoffrey Twigg, Derek to (d). Rogerson, Dan Twigg, Stephen (2) The regulations may provide for a complaint to be Rotheram, Steve Umunna, Mr Chuka considered by one or more of the following— Roy, Lindsay Uppal, Paul (a) the local authority in respect of whose functions the Rudd, Amber Vara, Mr Shailesh complaint is made; Ruddock, rh Joan Vaz, Valerie Russell, Bob Villiers, rh Mrs Theresa (b) an independent panel established under the regulations; Sanders, Mr Adrian Walley, Joan Sandys, Laura Walter, Mr Robert (c) any other person or body. Sarwar, Anas Watkinson, Angela (3) The regulations may provide for a complaint or any matter Seabeck, Alison Watson, Mr Tom raised by a complaint— Sheerman, Mr Barry Watts, Mr Dave Sheridan, Jim (a) to be referred to a Local Commissioner under Part 3 of Weatherley, Mike the Local Government Act 1974 for the Commissioner Simpson, Mr Keith Webb, Steve to consider whether to investigate the complaint or Slaughter, Mr Andy Wheeler, Heather matter under that Part; Smith, rh Mr Andrew White, Chris Smith, Angela (b) to be referred to any other person or body for that Whitehead, Dr Alan Smith, Miss Chloe person or body to consider whether to take any Wicks, rh Malcolm Smith, Julian action otherwise than under the regulations. Smith, Nick Wiggin, Bill (4) Where the regulations make provision under Smith, Owen Willetts, rh Mr David subsection (3)(a) they may also provide for the complaint to be Soames, rh Nicholas Williams, Mr Mark treated as satisfying sections 26A and 26B of the Act of 1974. Williams, Roger Soubry, Anna (5) Section 115 of the Health and Social Care (Community Spellar, rh Mr John Williams, Stephen Health and Standards) Act 2003 (health care and social services Spencer, Mr Mark Williamson, Chris complaints regulations: supplementary) applies in relation to Stanley, rh Sir John Willott, Jenny regulations under this section as it applies in relation to Stephenson, Andrew Wilson, Phil regulations under subsection (1) of section 113 of that Act. Stevenson, John Winnick, Mr David (6) In this section, “local authority” has the same meaning as Stewart, Bob Winterton, rh Ms Rosie in section 2B.”’.—(Paul Burstow.) Straw, rh Mr Jack Wollaston, Dr Sarah Brought up, and read the First time. Stride, Mel Wood, Mike Stringer, Graham Woodcock, John Stuart, Ms Gisela Wright, David The Minister of State, Department of Health (Paul Stunell, Andrew Wright, Mr Iain Burstow): I beg to move, That the clause be read a Sturdy, Julian Wright, Simon Second time. Swales, Ian Young, rh Sir George Swinson, Jo Zahawi, Nadhim Mr Speaker: With this it will be convenient to discuss Swire, rh Mr Hugo the following: Syms, Mr Robert Tellers for the Noes: Tami, Mark Diana Johnson and New clause 10—Requirements as to transparency Tapsell, rh Sir Peter Barbara Keeley ‘(1) Regulations may impose requirements on the National Health Service Commissioning Board and clinical commissioning groups for the purpose of ensuring that they are open and Question accordingly negatived. transparent in their decisions in commissioning health services for the purpose of the NHS. (2) Regulations under this section may in particular impose New Clause 1 requirements relating to— (a) the imposition of minimum waiting times for patients, COMPLAINTS ABOUT EXERCISE OF PUBLIC HEALTH (b) the imposition of clinical thresholds that a patient FUNCTIONS BY LOCAL AUTHORITIES must reach before being eligible for treatment. ‘In Part 3 of the National Health Service Act 2006 (local authorities and the NHS) after section 73B insert— (3) The regulations may provide for the requirements imposed, or such of them as are prescribed, not to apply in relation to “73C Complaints about exercise of public health functions arrangements of a prescribed description.’. by local authorities New clause 11—Financial duties on clinical commissioning (1) Regulations may make provision about the handling and groups: administrative costs consideration of complaints made under the regulations about — ‘After section 223K of the National Health Service Act 2006 (a) the exercise by a local authority of any of its public insert— health functions; “223L Financial duties on clinical commissioning groups: (b) the exercise by a local authority of its functions by administrative costs virtue of section 6C; (1) The Board must direct clinical commissioning groups to (c) anything done by a local authority in pursuance of ensure that their expenditure on administrative costs does not arrangements made under section 7A; exceed a prescribed percentage of their resource. 393 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 394 (Re-committed) Bill (Re-committed) Bill [Mr Speaker] New clause 17—Secretary of State’s directions to health service bodies (2) The Board must ensure that the total national limit on ‘(1) The Secretary of State may give directions to any of the clinical commissioning groups expenditure on administrative bodies mentioned in subsection (2) about its exercise of any costs in any year from April 2014 does not exceed 55 per cent. of functions. the total spent on administrative costs by primary care trusts in the financial year 2009-10.”’. (2) The bodies are— New clause 12—Secretary of State’s duty as to education (a) the NHS Commissioning Board; and and training (b) clinical commissioning groups. ‘After section 1F of the National Health Service Act 2006 (3) Nothing in provisions made by or under this or any other insert— Act affects the generality of subsection (1).’. “1G Secretary of State’s duty as to education and training New clause 18—Care Quality Commission: duty as For the purposes of improving the quality of patient care, the regards stability of existing NHS services Secretary of State has a duty to maintain a comprehensive, multi-professional education and training system for health ‘The Care Quality Commission, in exercising its functions, professionals and to ensure the continued professional must have regard to the need to avoid existing NHS services, development of all staff delivering NHS services.”’. including but not restricted to, emergency care, intensive care, chronic and complex care, teaching, training and research or New clause 13—Providers’ duty as to education and case-load, becoming viable or unstable due to an unplanned training reduction in income or caseload.’. ‘For the purposes of improving the quality of patient care, all New clause 20—Clinical commissioning group providers of services for the purposes of the health service have a commissioning work: public function duty to contribute towards the maintenance of a comprehensive, multi-professional education and training system for health ‘The Secretary of State must issue directions to clinical professionals and to ensure the continued professional development commissioning groups which will ensure that commissioning of all their staff delivering health services.’. work is predominantly retained as a function by staff directly employed by the clinical commissioning group.’. New clause 14—Duties of clinical commissioning groups as to persons for whom they are responsible New clause 23—Chief environmental health officer for England ‘After section 3B of the National Health Service Act 2006 insert— ‘(1) The Secretary of State shall appoint a Chief Environmental Health Officer for England. “3C Duties of clinical commissioning groups as to persons for whom they are responsible (2) The Chief Environmental Health Officer for England shall give advice to and report to the Chief Medical Officer for England (1) A clinical commissioning group has responsibility for on all such aspects of environmental and public health as are persons who usually reside in the clinical commissioning group’s relevant to the public health functions referred to in section 2A of area. the National Health Service 2006 Act and the duties referred to in (2) Regulations may provide that for the purposes of this section 2B of that Act. section a clinical commissioning group also has responsibility (whether generally or in relation to a prescribed service or (3) The Secretary of State shall report to Parliament annually facility) for persons who— on the work of the Chief Environmental Health Officer for England.’. (a) were provided with primary medical services by a person who is or was a member of the clinical Amendment 1222, in clause 1, page 2, line 2, leave out commissioning group, ‘promote’ and insert ‘provide or secure a’. (b) have a prescribed connection with the clinical Amendment 1223, page 2, line 3, leave out from commissioning group’s area, or ‘must’ to ‘improvement’ in line 4 and insert ‘provide or (c) are provided with primary medical services by a secure a comprehensive Health Service designed to member of the clinical commissioning group. promote’. (3) The power conferred by section 3(1B)(b) must be exercised Amendment 1239, page 2, line 4, after ‘improvement’, so as to provide that, in relation to the provision of services or insert ‘and to ensure improvement’. facilities for emergency care, a clinical commissioning group has Amendment 1176, page 2, line 7, leave out subsection (2) responsibility for every person present in its area. and insert— (4) Regulations may provide that section 3(1A) does not apply— ‘(2) The Secretary of State must for that purpose provide or secure the provision of services in accordance with this Act.’. (a) in relation to persons of a prescribed description (which may include a description framed by reference Amendment 1224, page 2, line 8, leave out ‘secure to the primary medical services with which the persons that services are provided’ and insert ‘provide or secure, are provided); either directly or indirectly, services’. (b) in prescribed circumstances. Amendment 48, page 2, Leave out lines 10 to 12 and (5) The duty in subsection (1) does not apply in relation to a insert— service or facility if the Board has a duty to arrange for its ‘(3) The services so provided must be free of charge.’. provision.”.’. Amendment 1174, page 2, line 10, after ‘services’, New clause 16—Distribution of health service functions insert ‘so’. ‘(1) The Secretary of State may direct the NHS Commissioning Amendment 1175, page 2, line 10, leave out ‘as part Board, or a clinical commissioning group, to exercise any of his of the health service in England’. functions relating to the health service which are specified in the directions. Amendment 1177, page 2, line 12, at end insert— (2) The functions which may be specified in directions include ‘(4) For the purposes of this Act “the health service in functions under enactments relating to mental health and care England” is defined as those services provided under section 3 of homes.’. this Act.’. 395 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 396 (Re-committed) Bill (Re-committed) Bill Amendment 1240, in clause 2, page 2, line 17, leave Amendment 42, in clause 20, page 16, line 34, at end out ‘with a view to securing’ and insert ‘so as to ensure’. insert— Amendment 1241, page 2, line 23, leave out ‘with a 13DA Duty of the Board as to commissioning of services view to securing’ and insert ‘so as to ensure’. In carrying out its duties in respect of the commissioning of Amendment 1212, page 2, line 33, at end insert— services the Board must in the exercise of its functions have regard to the interdependency of services and the impact that the ‘(5) In discharging the duty under subsection (1) the Secretary arrangements for the provision for one service may have on the of State retains the power to create a new NHS trust or provider financial and clinical sustainability of other services.’. organisation.’. Amendment 1198, page 17, leave out lines 12 to 19. Amendment 1169, in clause 3, page 2, line 38, leave Amendment 1184, page 17, line 21, leave out ‘have out from ‘State’ to end of line 40 and insert ‘, so far as is regard to the need to reduce’ and insert ‘act with a view consistent with the interests of the health service, must to’. exercise the functions conferred by this Act so as to Amendment 1185, page 17, line 23, leave out ‘reduce’ secure— and insert ‘reducing’. (a) that inequalities between the people of England with Amendment 1186, page 17, line 25, leave out ‘reduce’ respect to the benefits that they can obtain from the and insert ‘reducing’. Health service are reduced, and Amendment 1187, page 17, line 36, leave out ‘act (b) a continuous reduction of inequalities between the with a view to enabling’ and insert ‘have regard to the people of England with respect to the outcomes need to enable’. achieved for them. Amendment 1188, page 18, line 4, after ‘functions’, ‘(2) The Secretary of State must publish and lay before insert ‘have regard to the need to’. Parliament an annual report detailing the progress which has Amendment 1195, page 18, line 17, leave out ‘have been achieved in discharging this duty, and the means by which regard to the need to’. the Secretary of State intends to fulfil this function in the following year.’. Government amendment 60. Amendment 1183, page 2, line 38, leave out ‘have Amendment 1203, page 19, line 28, at end insert— regard to the need to reduce’ and insert ‘act with a view 13OA Duty as regards stability of existing NHS services to reducing’. The Board must not exercise its functions, in particular in Amendment 1197, page 3, line 1, leave out Clause 4. respect of section 13I (Duty as to patient choice) or 13K (Duty to promote innovation) in a way which could lead to existing Amendment 1194, in clause 5, page 3, line 16, leave NHS services, including but not restricted to, emergency care, out ‘have regard to the need to’. intensive care, chronic and complex care, teaching, training and Amendment 1242, in clause 9, page 5, line 32, at end research, becoming unviable or unstable due to an unplanned insert— reduction in income or case-load.’. Amendment 46, page 22, line 12, at end insert— ‘(h) promoting co-operation between each of the authority’s relevant partners.’. ‘(1A) The Secretary of State must publish guidance to the Board, to which the Board must have regard, about the exercise Amendment 1243, page 5, line 35, at end insert— of its powers under subsection (1).’. ‘(4A) For the purposes of this section each of the following is Amendment 1167, page 24, line 16, at end insert— a relevant partner of a local authority— ‘Duty to reduce bureaucracy (a) where the authority is a county council for an area for 132ZA Duty to reduce bureaucracy which there is also a district council, the district ‘(1) The Board must exercise its powers so as to reduce council; administrative costs in the NHS. (b) the police authority and the chief officer of police for a (2) For that purpose the Board must exercise its duties under police area any part of which falls within the area of 14A and 14C to ensure that at no time there exist more clinical the local authority; commissioning groups than there were primary care trusts on (c) a local probation board for an area any part of which 1 April 2011.’. falls within the area of the local authority; Government amendments 67 and 68. (d) a youth offending team for an area any part of which Amendment 1206, page 26, line 41, at end insert— falls within the area of the local authority; 223E1 Financial duties of the Board: needs-based allotments (e) a clinical commissioning group for an area any part of which falls within the area of the local authority. (1) The Board must make allotments to clinical commissioning groups based solely on the need of the population served by each (4B) The relevant partners of a local authority must co-operate commissioning group. with the local authority in the making of arrangements under this section.’. (2) The Secretary of State may give directions as to how the needs set within subsection (1) are determined.’. Amendment 5, page 5, line 43, leave out Clause 10. Amendment 1218, in clause 22, page 27, line 17, at Amendment 1178, in clause 11, page 7, line 15, leave end insert ‘provided that the members of a clinical out from ‘Subsections’ to ‘apply’ and insert ‘(1), (3) and commissioning group cannot consist entirely or mainly (4) of section 3C’. of persons who are providers of primary medical services Government amendment 49. under section 83(2).’. Amendment 1172, in clause 14, page 9, line 35, after Amendment 1211, page 27, line 22, at end insert— ‘blood’, insert ‘, haematopoietic stem cells’. ‘(c) shall be co-terminus with the social services local authority, unless it is notified by the relevant health Amendment 1173, page 9, line 37, after ‘tissue’, insert and wellbeing board, and the local authority, that ‘, haematopoietic stem cell’. they approve an area which is not co-terminus.’. Government amendments 50, 51 and 54. Government amendments 70 and 71. 397 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 398 (Re-committed) Bill (Re-committed) Bill Amendment 43, in clause 23, page 34, line 20, at end (4) A clinical commissioning group shall exercise the powers insert— specified in section 7(2)(f) only after consulting (to the extent that it appears to it to be practical) any person who appears to it 14PA Duty of clinical commissioning groups as to to have an interest through its own previous research in the ideas commissioning of services or intellectual property in question as to whether it should In carrying out its duties in respect of the commissioning of exercise them and, if so, as to any financial arrangements. services each clinical commissioning group must in the exercise of its functions have regard to the interdependency of services (5) A clinical commissioning group shall demonstrate in its and the impact that the arrangements for the provision for one annual report under section 14Z3 how the exercise of its power service may have on the financial and clinical sustainability of conferred by subsection (1) has not interfered to a significant other services.’. extent with the performance by the group of its functions. Amendment 1189, page 35, line 2, leave out ‘have regard (6) Income raised by a clinical commissioning group as a result to the need to reduce’ and insert ‘act with a view to’. of the exercise of powers under this section shall be specified in Amendment 1190, page 35, line 3, leave out ‘reduce’ its annual accounts, referred to in its annual report under and insert ‘reducing’. section 14Z13, and paid annually to the Secretary of State.’. Amendment 1191, page 35, line 5, leave out ‘reduce’ Amendment 1250, page 41, line 38, at end insert— and insert ‘reducing’. ‘(6A) If the opinion of a Health and Wellbeing Board given to Amendment 1192, page 35, line 22, leave out ‘act the clinical commissioning group under subsection (5) is that the with a view to enabling’ and insert ‘have regard to the Health and Wellbeing Board does not consider that the draft need to enable’. takes proper account of each joint health and wellbeing strategy Amendment 1193, page 35, line 36, after ‘functions’, referred to in that subsection, and if the clinical commissioning group does not so consider it, the group shall inform the Health insert ‘have regard to the need to’. and Wellbeing Board, whereupon it may report to the Secretary Amendment 1196, in clause 20, page 36, line 3, leave of State that it does not consider that such a plan takes proper out ‘have regard to the need to’. account of any such strategy and the Secretary of State may Amendment 1230, in clause 23, page 36, line 7, leave require the clinical commissioning group to carry out such further out from ‘consortium’ to ‘that’ in line 8 and insert ‘has a consultation with the Health and Wellbeing Board as he considers appropriate, or may make a final decision on the plan and require duty to secure’. the Commissioning Board or the clinical commissioning group to Amendment 1231, page 36, line 16, leave out from take such action, or desist from taking such action, as he may ‘consortium’ to ‘that’ in line 17 and insert ‘has a duty to direct.’. secure’. Amendment 1171, page 42, line 23, at end insert— Amendment 37, page 36, line 36, at end insert— ‘(3) If in the Board’s opinion, having considered any opinion 14YA Duty as to conflicts of interest submitted to it by a Health and Wellbeing Board under 14Z12(1)(a), (1) Each clinical commissioning group must exercise its the plan published by the clinical commissioning group does not functions so as to ensure that any conflicts of interest, and take proper account of each joint health and wellbeing strategy personal and prejudicial interests are dealt with. published by the Health and Wellbeing Board which relates to the (2) The Secretary of State must issue guidance on how period (or any part of the period) to which the plan relates, the conflicts of interest and personal and prejudicial interests should Board must instruct the clinical commissioning group to revise its be dealt with by clinical commissioning groups as part of their plans under 14Z10(1).’. decision making.’. Amendment 1202, page 42, line 23, at end insert— Amendment 1204, page 36, line 36, at end insert— 14Z12A Power of Referral of Commissioning plans to the 14YA Duty as regards stability of existing NHS services Secretary of State Each clinical commissioning group must not exercise its functions, in respect of section 14U (Duty as to patient choice) or 14W (1) If the Health and Well-being Board is of the opinion under (Duty to promote innovation) in a way which could lead to section 14Z12(1) that a plan published by the CCG under existing NHS services, including but not restricted to, emergency section 14Z9(6) or 14Z10(2) and which is submitted to it in care, intensive care, chronic and complex care, teaching, training accordance with section 14Z9(6) and 14Z10(3) or 14Z11(4) or (8), and research, becoming unviable or unstable due to an unplanned does not take proper account of any relevant joint health and reduction in income or case-load.’. wellbeing strategy it may refer the matter to the Secretary of State for a decision. Amendment 41, page 36, line 43, leave out from second ‘are’ to end of line 44 and insert ‘fully consulted—’. (2) Regulations under this section may provide for the Amendment 45, page 38, line 22, at end insert— mechanism by which such referrals are made.’. ‘(1A) The Secretary of State must publish guidance to Amendment 38, page 43, line 9, at end insert— commissioning consortia about its exercise of powers under ‘(ab) section 14YA’. subsection (1), to which each commissioning consortia must have regard.’. Amendment 1199, in clause 24, page 49, line 35, leave Amendment 1181, page 38, line 26, at end insert— out from beginning to end of line 37 on page 50. ‘(3) For the avoidance of doubt it is hereby declared that Amendment 1213, page 50, line 27, at end insert ‘and nothing in this section authorises a clinical commissioning must consult with local Health and Wellbeing Boards group— prior to any decision on this matter with a view to (a) to disregard any enactment or rule of law, including securing their agreement.’. but not limited to section 1(3), or to override any Amendment 1255, in clause 27, page 53, line 5, leave person’s contractual or proprietary rights; or out ‘the Secretary of State’ and insert ‘Public Health (b) to charge for anything the group does in the exercise of England’. its powers under this section which relates to any accommodation, service or facility of a type to which Amendment 1256, page 53, line 6, leave out ‘an’ and section 3(1) applies; or insert ‘a suitably qualified’. (c) to charge for anything in relation to the exercise of its Amendment 1257, page 53, line 20, after ‘authority’, functions under section 3 or 3A. insert ‘, reporting to the Chief Executive of that authority,’. 399 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 400 (Re-committed) Bill (Re-committed) Bill Amendment 1253, page 53, line 21, at end insert ‘, Amendment 1248, page 281, line 23, at end insert— and will be accountable to— 11A In section 12C (Direct payments pilot schemes) omit (a) the local authority, and subsection (8).’. (b) the Secretary of State for Health.’. Amendment 31, in schedule 23, page 417, leave out Amendment 1258, page 53, line 21, at end insert— lines 18 to 21. ‘(2A) The individual so appointed is to be employed by Public Amendment 32, page 418, line 34, leave out lines 5 Health England, which shall have responsibility for their to 8. professional qualification and development.’. Amendment 1259, page 53, line 30, after ‘authority’, 2.30 pm insert ‘or Public Health England’. Paul Burstow: I rise to support the Government’s Amendment 1254, page 53, line 42, leave out ‘consult’ amendments and to explain the Government’s thinking and insert ‘obtain the agreement of’. on the amendments tabled by Opposition Members and Amendment 1260, page 53, line 42, leave out ‘the other Members in the House. This large group of Secretary of State’ and insert ‘Public Health England’. amendments covers a range of key clauses that enable us to deliver on a number of key tenets of the Bill. First, Amendment 7, in clause 29, page 54, line 30, at end an NHS led by clinicians; secondly, an NHS with quality insert— at its heart; thirdly, an NHS that is open and collaborative; ‘(3) This section comes into force on a date to be specified by and, fourthly, an NHS with clear, stronger political order by the Secretary of State. accountability. It is on the last point that I would like to (4) The time specified in subsection (3) must be after such time start my remarks today. as the Secretary of State is satisfied that the workforce education and training functions of strategic health authorities are being The role of the Secretary of State has been the fulfilled by another body.’. subject of great debate, especially in recent weeks. It is Amendment 1237, page 256, line 31, leave out Clause 299. right that we should have this debate and it is a very important issue, especially given its particular complexity, Amendment 1238, page 257, line 29, leave out Clause 300. but let us ensure that the debate is based on the facts. Amendment 47, in clause 304, page 261, line 19, at Too often, opinions have been offered and accusations end insert— made without full knowledge of what the Bill does and ‘(1A) Section 29 comes into force in accordance with does not do. sections 29(3) and (4).’. Let me start by clearly setting out what the Bill does Amendment 1245, in schedule 2, page 269, line 21, not do. First, it is absolutely not the Government’s leave out from ‘consortium’ to end of line 24. intention in this Bill to allow the Secretary of State to Amendment 1244, page 269, leave out lines 25 to wash his hands of the NHS. The Government believe in 29 and insert— a comprehensive, tax-funded NHS that is free at the point of use, based on need and not ability to pay. ‘(3) The arrangement must include provision for the functions of the clinical commissioning group to be exercised by, and only Nothing in this Bill will change that. Secondly, I want to by, its employees on its behalf.’. reassure hon. Members that there is no question but that the vast bulk of NHS-funded health care will Amendment 1249, page 269, leave out line 29. continue to be delivered by NHS bodies that are bound Amendment 1234, page 269, line 29, at end insert— by law and their constitutions to remain as public sector ‘(4) Nothing in paragraph (3) shall authorise the inclusion of bodies and to fulfil a primary duty of providing services any provision for any of such functions to be exercised by— to the NHS. Indeed, the Bill contains a new provision—for (a) any of the clinical commissioning group’s members the first time—specifically to prevent any future Secretary who hold or benefit from contracts to provide primary of State or NHS bodies from acting to promote the medical services under section 83(2); or private sector over the public sector. (b) individuals who have been employees of such members; Let me turn to what the Bill does. It ensures not only or that the Secretary of State will remain politically and (c) by a governing body, committee or sub-committee legally accountable for a comprehensive health service which consists entirely or mainly of such members.’. but that he will retain the capacity to intervene where Government amendments 292 to 299. necessary to ensure that a service is provided. Amendment 1170, in schedule 4, page 278, leave out Let me start with the accountability of the Secretary lines 35 and 36 and insert— of State. Not only does the Secretary of State retain a ‘(a) omit “Strategic Health Authorities” and insert after raft of specific duties that mean he cannot wash his “(a)”— “the National Health Service Commissioning hands of the NHS but the Bill retains the legal requirements Board”, and that services should be free of charge except where (b) omit “Primary Care Trusts” and insert after “(b)” — already specified. It now includes requirements, too, on “Clinical Commissioning Groups”.’. securing continuous improvement in the quality of services, Amendment 1247, page 281, line 10, at end insert— on promoting research and the use of evidence learned ‘(2A) Regulations made under this section must specify that— from research and, for the first time ever, on the need to (a) direct payments can not be made in respect of the have regard to the need to reduce health inequalities. whole or part of a course of private health care or in respect of insurance premiums which have the purpose Helen Jones (Warrington North) (Lab): Will the Minister of providing healthcare, and explain to the House why, rather than providing a duty (b) direct payments can only be made in respect of services to act to reduce health inequalities, the Bill only requires which NICE has specified are services that can be bodies to have regard to health inequalities? It is quite provided by the health service, having particular regard possible to have regard to them and to do nothing to to safety, efficacy and cost-effectiveness.’. reduce them. 401 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 402 (Re-committed) Bill (Re-committed) Bill Paul Burstow: There is a clear duty on the boards to free from interference by Ministers in operational act, too, and I ask the hon. Lady why the Labour decisions—something that all parties in this House have Government, in 13 years, chose not to do anything said that they want to see. about that matter. There was never a legal duty of any We understand that all Government legislation has a sort in the past and we now have clear duties on all the responsibility to foresee the unforeseeable, to ask questions bodies and on the Secretary of State. Of course, I shall about the worst-case scenario and to ensure that the come on to talk about the mandate, which has a role to answers stand up to scrutiny. That is why this Bill play, too. contains a number of back-stop provisions to make it absolutely certain that any future Secretary of State will Andrew George (St Ives) (LD): I merely wish to seek not be able to turn a blind eye to failings of service clarity from my hon. Friend on some of the briefings provision, so we have ensured that the Secretary of that his Department has been putting out about the State has the power to step in if the board, or Monitor, duty to provide, to which he has referred already. Those are failing to deliver on their duties, including any briefings indicate that there was somehow no provision duties imposed on the board through the mandate. in the National Health Service Act 1946 for a duty on Finally, in the event of a significant emergency such the Secretary of State to provide. I wanted my hon. as a pandemic, the Secretary of State will have powers Friend to acknowledge that section 1(1) states to direct any commissioner or provider of NHS services. “and for that purpose to provide or secure the effective provision of services in accordance with the following provisions of this Act.” Owen Smith (Pontypridd) (Lab): In the event where there is not an emergency, will the Minister confirm that Equally, the National Health Service Act 1977 contains under the new provisions the Secretary of State will not the same reference to the have the power, as he has, to direct a commissioning “purpose to provide or secure”. group to do what he thinks is appropriate for the people The requirement to provide or secure is repeated throughout in that area? all the Health Acts. Paul Burstow: No, he will not have powers of direction. Of course, powers of direction are not subject to any Paul Burstow: I am grateful to my hon. Friend for form of parliamentary scrutiny and can be issued by a that intervention. If he listens carefully to what I am Secretary of State on their fiat. In future, this House, saying, he will hear that I am developing an argument through regulations, will be able to look at and agree that will go towards answering that question. Rather to—or not—standing rules that in most effects will have than trying to answer it in a very small way now, I the ability to direct clinical commissioning groups and would rather answer it in a comprehensive way through the NHS commissioning board on a wide range of reference to what I had planned to say to the House. matters. I direct the hon. Gentleman to clause 17, which As I was saying, hon. Members should ask themselves sets those out at great length. how the Secretary of State would be able to wash their hands of the NHS while simultaneously being legally Simon Hughes: I am listening very carefully and, as required to deliver on all the duties I have just outlined. my hon. Friend knows, we have had conversations and Crucially, the Secretary of State also retains the duty to a wider debate about this issue. I understand what he is promote a comprehensive health service, which dates saying about the specific power of the Secretary of from the Act that founded the NHS in 1946 and has State both to act and to direct if things are failing, but been unchanged by this Bill. The Secretary of State will does he accept that some of us would still like to be also have the duty to secure that services are provided persuaded that the best way of enunciating the fundamental for that comprehensive health service and he will have duty at the beginning of the legislation is not to say that failed in that duty if they are not. the principal job is to secure the provision of the services of the NHS but to write in that it is to provide The Secretary of State also has the ability—the them? The back-stop encompassing statement, as it obligation, in fact—to set goals and priorities for the were, would mean that we could be sure that the duty NHS through the mandate. That will set out what the rested with the office holder of the role of Secretary of Secretary of State wants the NHS to deliver, which will State in England at any one time. be updated every year. It will be widely consulted on and Parliament will scrutinise it, giving Parliament a Paul Burstow: I am grateful to my right hon. Friend detailed say in what the NHS is tasked to deliver for the for having given me the opportunity to talk about this first time ever. at some length, and I want to give him some reassurance. The Secretary of State has further powers in addition However, it is hardly a back-stop to have in clause 1 to the mandate to impose standing rules by which the something that is not what the Secretary of State on a NHS commissioning board and the clinical commissioning day-to-day basis actually does. It is a back-stop to say groups must operate, which will be subject to scrutiny that when things fail, the Secretary of State should be and control by Parliament—a power Parliament does able to exercise those functions to make sure that things not currently have. What is changing, however, is the are put right. I would like to say a bit more about that Secretary of State’s relationship with the NHS in terms now. of the role of Ministers in the commissioning and I want it to be clear that we do not envisage the provision of services to the NHS. The Government Secretary of State having to intervene other than in believe that it should not be the job of Ministers to exceptional circumstances. Nevertheless, the measures provide directly or commission NHS services, either. It are the legislative back-stops in the Bill and it is right should be the role of front-line professionals, who should that they are there to protect the comprehensive nature have the freedom to focus on driving up quality of care, of our NHS and to provide reassurance. To answer my 403 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 404 (Re-committed) Bill (Re-committed) Bill right hon. Friend the Member for Bermondsey and Old It is our view that the legal opinion published by Southwark (Simon Hughes) directly, there are a number 38 Degrees overstates the effect of clause 4. The opinion of ways in which the Secretary of State could secure the suggests that the court will expect the Secretary of State provision of services. In particular, he could impose to demonstrate that any steps he took that interfered requirements on the NHS commissioning board and with the autonomy were “really needed”, or “essential”, clinical commissioning groups using both the mandate and that no other course of action could be followed. and the standing rules. He could establish, and has the This is not the Government’s intention and we do not powers to do so, a special health authority, and could believe that that is the effect of the clause. It would be direct it to carry out any NHS function. That power has sufficient for the Secretary of State to demonstrate that been used in the past to establish NHS Direct—a service- he had reasonable grounds for concluding that a course providing organisation. Also, he could intervene, including of action was the most effective way to act in the by replacing the management and directing them in the interests of the health service and fulfil a duty imposed event of a significant failure. Those measures are the on him by, for example, clause 1 or a new section 1A in belt and braces in the Bill to make it absolutely sure that the Bill. the NHS and the public are protected from all eventualities. We have ensured that the Secretary of State’s powers are 2.45 pm sufficient to ensure that a comprehensive NHS is provided, I understand, however, and I am aware that despite including through the public sector, rather than simply the provisions in the Bill there are still concerns about relying on existing providers and the market. the role of the Secretary of State. It is understandable, The position is clear: we are giving the NHS more when we are talking about the future of our most freedoms and autonomy—something that many of us treasured national institution, that people should express in the House have for many years argued should take their concerns and not be willing to tolerate even a place—and we are increasing its accountability. We are sliver of doubt about the safety of the NHS in the making watertight the obligations to provide a future. We are determined to eliminate the doubt that comprehensive health service that is free to all, based on has grown in people’s minds and we are certain that need and not ability to pay. clause 1 is watertight in framing the legal responsibilities of the Secretary of State. John Pugh (Southport) (LD): Will the Minister confirm There seems to be some doubt in hon. Members’ that the Secretary of State will retain his powers to minds about whether other parts of the Bill could in create new hospital trusts and that the Bill does not some way prejudice those responsibilities, in particular change that power ? because of the establishment of autonomous bodies that act under their own legal powers and mandate Paul Burstow: The power to establish NHS trusts is rather than under the direction of the Secretary of contained in previous legislation. The Bill provides for, State. For example, some have claimed that the Secretary in due course, the repeal of the provision to establish of State might be able to hide behind clause 4 and take a NHS trusts. As we indicated in our response to the hands-off approach even if services were in crisis, but NHS future forum, that will not take place for several that certainly is not our intention. We are therefore years to come. Regardless of that, however, the Secretary willing to listen to the concerns that have been raised of State will retain the power to establish special health and, if necessary, to offer clarification or make amendments authorities that can exercise a provider function. to put beyond legal doubt the fact that the Secretary of State remains responsible and accountable for the Rosie Cooper (West Lancashire) (Lab): The Minister comprehensive health service that we all want to see. just said that the Secretary of State will have the power directly to remove the management of hospitals or Andrew George rose— provider organisations. Will that apply both to NHS Simon Hughes rose— and private providers? Will the Secretary of State’s reach go that far? Paul Burstow: I will give way to my right hon. Friend the Member for Bermondsey and Old Southwark and Paul Burstow: We discussed yesterday at some length then I shall make some progress because this is a very the role of Monitor and its powers through the licensing big group of amendments. regime, which will apply not just to NHS public sector providers but to private and voluntary sector providers. Andrew George: It is my amendment. The powers there are extensive and I recommend that the hon. Lady should look at the debate we had yesterday. Simon Hughes: I am very grateful and I will not keep the Minister long. I have listened very carefully, as Another issue that comes up is the duty of autonomy. colleagues will have done, to my hon. Friend’s extremely Amendment 1197, which was tabled by my hon. Friend reassuring comments. If he and the Secretary of State the Member for St Ives—not all of Cornwall—(Andrew are committed to working on some wording that will George), seeks to remove clause 4, entitled, “The Secretary alleviate concerns at the beginning of the Bill, I know of State’s duty as to promoting autonomy”. This clause that my colleagues and I will be very happy to work was highlighted by the legal team advising 38 Degrees with him. about the changes to the role and functions of the Secretary of State. The specific purpose of the autonomy Paul Burstow: I am grateful to my right hon. Friend. I duty is to free front-line professionals to focus on can say no more than I have said and I think I have said improving outcomes for patients rather than looking up what is necessary to make the Government’s intentions to Whitehall. It does not undermine the overarching clear. Of course, I will now give way to my hon. Friend duty to promote a comprehensive health service, nor the Member for St Ives (Andrew George), who has been enable Ministers to abdicate responsibility for the NHS. so diligent in tabling so many amendments. 405 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 406 (Re-committed) Bill (Re-committed) Bill Andrew George: I am grateful to my hon. Friend for and it does make an important contribution to the giving way and for his appreciation of the efforts I am overall affordability of the NHS. Therefore, I cannot making. I, too, appreciate his comments on the accept the amendment. Government’s intentions. It has not been my argument On direct payments, the hon. Member for Brighton, at any stage to suggest that the Government’s intentions Pavilion also tabled several amendments on direct payments. are dishonourable. He has mentioned the possibility of The amendments are unnecessary and too restrictive. tabling amendments, but may I have some reassurance Amendment 1247 would restrict direct payments to that this is a genuine and serious issue—that we need to being spent on services approved by the National Institute have policy, but also, clearly, the restraint of the Secretary for Health and Clinical Excellence. The great opportunity of State at the same time? of personal budgets is that they allow people in areas where less medicalised services are provided to have Mr Deputy Speaker (Mr Lindsay Hoyle): Order. We much greater control over aspects of their care—those must have shorter interventions, as we have a lot to get community-based services that are so important in through. Hon. Members should not take advantage of maintaining the quality of life for many people with the Minister’s generosity in giving way. long-term conditions. Finally, amendment 1248 would remove the power to Paul Burstow: I am grateful for your protection, extend direct payments nationally following the pilots, Mr Deputy Speaker. I will take that as advice in relation which are continuing. The Health Act 2009 provided to further interventions. that direct payments could be extended with the active I have heard my hon. Friend’s comments and I think agreement of Parliament using the affirmative procedure, he needs to look again at what I have said. I have been and that seems a perfectly reasonable way of having a very clear that we are listening and that, if necessary, we parliamentary check over the outcomes of the pilots will offer clarifications or further amendments, and I that will be reported to the House next year. am very happy, as is the Secretary of State, to carry on Amendment 1247 would prevent direct payments from those discussions. being used for private health care or health insurance. There are a number of amendments regarding other The amendment is unnecessary. NHS funds could never duties on the Secretary of State that I believe would not be used to pay people’s private health insurance premiums. improve the drafting of the Bill. Amendments 1240, I shall now turn to education and training. We have 1241, 1169 and 1183 seek to revise the duties of quality already committed to introduce at a later stage in the and inequality. I know that the amendments are well Bill’s proceedings an explicit duty for the Secretary of meant, but they would make the duties undeliverable. State to maintain a system for professional education The Secretary of State cannot improve quality and and training. Work is ongoing and an amendment will reduce inequalities in isolation, and the duties have to be tabled in the House of Lords. That will be more reflect that. Amendment 1194 is unnecessary as the Bill effective and more precise than the long-term measure already recognises the need to promote research and the of simply blocking the abolition of strategic health use of research evidence, and creates, for the first time, authorities, so amendments 7 and 47 will not do. responsibilities for taking a whole-system approach to Our vision of a modern NHS has clinical commissioning achieving this. Amendments 1184 to 1193, 1195, 1196 and at its very heart. We want clinicians, GPs, nurses and 1198 seek to change the extent of similar duties on the other health care professionals to have the autonomy to board and the clinical commissioning groups. Each of commission innovative new services, and to have the the board’s and clinical groups’ duties has been drafted true responsibility that the previous Government denied to ensure that the duty is suitably strong, realistic and them. That involves striking the right balance between appropriate. freedoms for clinical commissioning groups and their Let me address the role of the Secretary of State in essential responsibilities to other parts of the health relation to another issue that has been misunderstood— care service. charging. I want to be very clear that nothing in the Bill enables the board or clinical commissioning groups to We made many changes in response to the charge for services provided as part of the comprehensive recommendations of the NHS Future Forum report. health service. Services will remain free at the point of We always wanted clinical commissioning groups to need, except where legislation specifically allows for have a robust set of governance arrangements, to involve charges to be made—for example, prescription charges a wide range of other professionals and to be transparent and charges for dentistry. The Government have also in how they conducted their business, and we have now committed not to introduce any new charges. further strengthened those parts of the Bill so that they are very much improved. Amendment 48, tabled by the hon. Member for Brighton, Pavilion (Caroline Lucas), who is not in her place at the As I said at the start of my remarks, I should like to moment, would prevent charges from being imposed speak briefly to a number of amendments, as I am for any service provided by the NHS. It has always conscious that many other hon. Members wish to speak. been possible for Ministers to provide for charges for First, I will address some amendments that are very certain health services. There are limited provisions similar, if not identical, to those that we had the opportunity for charging even in the original NHS legislation to debate at least once, and possibly twice, during the introduced by Nye Bevan and the Labour Government first stage of the Committee and in the re-committed of 1946. Under the current system, there are extensive Committee. exemptions: about 60% of the English population do Amendment 1181, which is like amendments 45 and not pay prescription charges, but—it is an important 46, seeks to restrict clinical commissioning groups’ powers but—NHS charging raises over £1 billion a year of to raise additional income. As was explained in Committee, revenue that is ploughed back into services for patients, those amendments are unnecessary. The Secretary of 407 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 408 (Re-committed) Bill (Re-committed) Bill State has already published guidance, which can be Where commissioning plans vary significantly from easily updated, specifically on the powers to generate the joint strategy, the group will need to justify or income, which applies to current NHS bodies, including consider amending its plans. Health and well-being primary care trusts. boards also have the power to refer their views and Amendments 37 and 38 are on conflicts of interest. concerns to the NHS commissioning board when they We have listened to the concerns that were expressed in feel that the plans have not had proper regard to the the listening exercise and made changes, so the Bill joint health and well-being strategy. That indicates to already requires clinical commissioning groups to make the NHS commissioning board that the health and provision for dealing with conflicts of interest. well-being board believes the CCG is actively failing to Amendments 31 and 32 would prevent any property fulfil its duties. Anything further would undermine the currently held by PCTs or strategic health authorities important balance that needs to be struck in what is from being transferred to any provider that is not a fundamentally a partnership relationship between two public authority. As we said in Committee, we have no organisations that have separate sets of sovereignties intention of giving away NHS property to private and responsibilities. companies. That will not be the case and, given the The importance of that partnership approach highlights safeguards that are in place, it cannot happen. why it would be impossible to create an obligation on Several amendments have sought to probe accountability clinical commissioning groups to act alone to secure within clinical commissioning groups. I repeat what we integration of services. How can one body decide to said in Committee. A clinical commissioning group is integrate with another against the wishes of the other? not able to delegate its statutory responsibilities for So a duty cannot be imposed on one side unless the carrying out its functions. It cannot palm them off or relationships exist that will allow that to take place. pass them on to others. Amendment 1245 would limit That can be achieved only by both parties working representation on CCG committees and sub-committees, together, and for that reason amendments 1230 and preventing those clinical commissioning groups from 1231 do not contribute to that relationship’s working inviting other professionals and experts to participate— well. something that we were told during the listening exercise Amendment 1211 seeks to make the clinical was widely welcomed and wanted. commissioning groups coterminous with local Amendment 1249 restricts the use of sub- authorities. We have accepted the NHS Future Forum’s committees—an essential part of any organisation with recommendation that the boundaries of local clinical a wide range of functions. Similarly, amendment 1234 commissioning groups should not normally cross those would prevent GPs or their employees from working on of local authorities, with any departure needing to be behalf of a clinical commissioning group, which would clearly justified as part of the establishment process set be a severe constraint on those groups’ ability to function. out in the Bill. Amendment 1244 would prevent a clinical commissioning Amendment 1213 would prevent a clinical commissioning group from delegating its functions to anyone other group that had received a reward under the quality than its employees. That would make it very difficult for premium from using that money without first securing those groups to carry out their statutory functions the agreement of the local health and well-being boards. effectively. That would severely limit the CCG’s freedom to spend New clause 20, tabled by my hon. Friend the Member its quality payment as it saw fit. Health and well-being for St Ives, similarly would restrict the support that boards will shape commissioning priorities through the clinical commissioning groups can draw on. We want to joint health and well-being strategy, by being consulted allow those groups to access the best support and advice by the CCG on their commissioning plans. Under the available—to be able to work with local authorities, duties set out in proposed new section 14Z14 of the third sector organisations and charities, research organisations National Health Service Act 2006, the NHS commissioning and the independent sector. I mentioned in Committee board must also consult each relevant health and well-being several times, and it is worth repeating, that the support board in making its annual performance assessment of organisation established by the Neurological Alliance is those CCGs. proving of invaluable assistance to commissioners, and amendments such as new clause 20 would prevent it 3pm from doing the work it does for the clinical commissioning Rosie Cooper: Great play keeps being made about groups. I can follow the intention behind the amendments, consultation. I do not hear any play being made about but I hope my reassurances about the final responsibility—the the right to be heard or a right of veto, or whatever. statutory responsibility—for decision making in clinical CCGs can ask the health and well-being boards what commissioning groups resting with their members and they think; health and well-being boards might make a the governing body are clear. recommendation, but there is no obligation for anyone There is a raft of amendments dealing with the to listen. relationship between local authorities and commissioning groups. We want that to be a dynamic relationship, with Paul Burstow: The hon. Lady is completely wrong constant dialogue and collaboration, which is precisely when she says that there is no obligation. There are why the Bill proposes the establishment of health and clear duties in the Bill for health and well-being boards’ well-being boards. Amendments 1202, 1171 and 1250 views, and their preparation of joint strategies on health would introduce a new, centrally imposed procedural and well-being and joint strategic needs assessments, to requirement on health and well-being boards and clinical be legally binding documents, in the sense that CCGs commissioning groups. Clinical commissioning groups must have regard to them. They are not pieces of paper will have a duty to have regard to the relevant joint that can be just tossed aside and dismissed. They are health and well-being strategy. very important documents in the emerging system. 409 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 410 (Re-committed) Bill (Re-committed) Bill Steve McCabe (Birmingham, Selly Oak) (Lab): A Steve McCabe: Will the Minister give way? number of us are trying to understand what will trigger some kind of higher-level arbitration if it becomes Paul Burstow: I am conscious of the time, and the abundantly clear to a significant group of people in a fact that other hon. Members want to move and speak local community that the health and well-being board’s to other amendments. If the hon. Gentleman will forgive view is not being properly considered by the CCG. At me, I will make a bit more progress. that point, when there is a clear conflict, how will that Andrew George: Will the Minister give way? conflict be exposed so that the Secretary of State or someone else clearly arbitrates so that there is fairness, Paul Burstow: I am talking about my hon. Friend’s not lip service? A lot of people are anxious about that. amendment, so I will, of course, give way. Paul Burstow: That anxiety was expressed in Committee Andrew George: I am grateful to the Minister for by some Opposition Members. As a result of the NHS giving way to me, as he is referring to my amendment. I Future Forum’s recommendations, we have put in place think that I understand what the Government are trying further checks to ensure that those concerns are allayed. to achieve here, but in order to assess properly what Not least of those—as well as our view that the health quality and outcomes are, that assessment must not be and well-being boards should have on them a majority pre-empted. The purpose of my amendment is to ensure of elected councillors—is that they will have clear rights that good quality and outcomes are not rewarded too of membership from the local healthwatch, which will early after treatment, before people can make a proper be listening to the wider community and will represent assessment and know the long-term impact of a new those wider concerns. They will have the views and procedure. expertise of director of public health, the director of adult social services and the director of children’s services. Paul Burstow: My hon. Friend makes a fair point—one If they feel that the strategy that they have all agreed is that, I think, we would agree with entirely. That is why not being honoured in the commissioning strategy, they the Government published, for the first time ever, an can ultimately refer that matter to the NHS commissioning outcomes framework for the NHS that is all about board, and that can lead to changes being made. considering how clinical care leads to the sort of longer-term outcomes that he seeks, so I hope that that addresses his Helen Jones: Many of us are concerned that we will comments. That will be built into the way in which we not know properly what is going on in CCGs, because go forward with drafting the regulations to reinforce there is no requirement for them to be subject to the that approach. Public Bodies (Admission to Meetings) Act 1960 and to meet in public. They can decide whether to meet in On the stability of services, my hon. Friend has public. How on earth is accountability to be maintained tabled amendments 1203 and 1204 and new clause 18, if those bodies can decide in private—[HON.MEMBERS: which link very closely to Opposition amendments 42 “No, they can’t.] Yes, they can. They can decide in and 43 on the interdependency of services. My right private how they will consider input from the health hon. Friend the Secretary of State spoke to two similar and well-being boards, and what they will do about it. amendments that my hon. Friend moved yesterday. We Where is the line of public accountability? agree with hon. Members about the need to secure continued access to services for patients. We have introduced Paul Burstow: I fear that, unfortunately, the hon. substantial new proposals to improve on our previous Lady might well have dusted down an old copy of the plans. However, I repeat what my right hon. Friend said Bill, before the Future Forum made its recommendations yesterday: this is not about securing access to the same and we made amendments to make it absolutely clear services in perpetuity. That has never been the case, and that a CCG’s governing board must meet in public. it should not be the case. Services evolve, and we must That is the decision-making body. Moreover, we also allow new providers—whether NHS, social enterprise require those boards to set out in detail and publish all or private sector—to come in where they can deliver their decision-making arrangements—unlike PCTs, whose high-quality care for patients. decisions could be made in private and no one would I shall turn now to excessive prescription and a know. number of issues that arise from several amendments, Let me move on to health and well-being boards which would tilt the balance in a way that would turn influencing commissioning decisions. Other people have the system much more into a command-and-control questioned why we should have a quality premium at one than many hon. Members have argued that we all. Indeed, amendment 1199 would remove the NHS should have for many a year. Amendment 1218 would commissioning board’s ability to reward CCGs financially break a fundamental principle at the heart of our for the quality of services—I emphasise that—and the proposals: that the membership of CCGs should consist outcomes that they secure, or reductions in health solely of GPs, and that we should encourage, rather inequalities, which is something that all hon. Members than prescribe, how they involve other professionals. across the House want to be promoted. That is the basis Amendments 1237 and 1238 would remove the Secretary on which we want things to move forward, and high-quality of State’s power to make transfer schemes for property, services should be recognised and rewarded. staff, rights and liabilities, thus making it less flexible to With amendments made in the second Bill Committee, make transfers from, for example, a PCT to a CCG. I we made it absolutely clear that such payments will am well aware that many people feel that the ability to provide an incentive to CCGs to focus on improving transfer staff in that way is an essential part of managing quality and outcomes. We will work with patients and a smooth transition. Therefore, to deny the Secretary of professional groups to draft the regulations to reinforce State the ability to do that seems very odd. that clear undertaking, which was made as a result of Amendment 1167 is unnecessary for the same reason. listening. CCGs are different entities to PCTs, with different 411 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 412 (Re-committed) Bill (Re-committed) Bill structures, duties and functions. It does not make sense Fiona O’Donnell (East Lothian) (Lab): The Minister to set a limit on the number of CCGs by comparison and the Government are fond of pausing with this Bill. with PCTs. I want to offer him the opportunity to pause as he Opposition amendment 5 would delete clause 10, but comes near to the end of this long list of amendments Opposition new clause 14 would reinstate it. So it is a and apologise to the many health organisations and sort of hokey-cokey set of proposals, whereby a provision patients organisations across the country for the anxiety would be taken out and then put back in again. As the and concern that he and his Ministers have caused. Bill includes a power to make regulations to take account Paul Burstow: I am sure that as people read the of people in specific circumstances, new clause 14 and transcript of the debate they will wonder why that amendment 1178, which is consequential on it, are intervention came at this point, other than to make a unnecessary. cheap party point. It is one that many Members of the New clause 11 would require the NHS commissioning House will know has set the tone for much of the board to limit the administration spend of CCGs Labour party’s contribution to debate on the Bill. individually and collectively by comparison to 2009-10. I was about to discuss an important issue, which is In other words, it would set an arbitrary starting line how we improve the health of our nation through our and effectively lock the budgets that way. An absurd public health services. Returning to amendments 1253 shackling of the NHS commissioning board or CCGs to 1260 and the role of director of public health, we are in that way belies common sense and sound financial having discussions about how best to ensure that the governance. director of public health has an appropriate status Amendment 1206 runs the inherent risks, as discussed within the local authority. There is concern about who in Committee, of trying to prescribe the setting allocations directors report to and are accountable to. We intend to in legislation. I understand the concern expressed by my return to that matter once the consultations are concluded hon. Friend the Member for St Ives (Andrew George), to make that absolutely clear, and to address those and the White Paper made it clear that we want to concerns. ensure that access in every part of the country is fair Mr Stephen Dorrell (Charnwood) (Con): Will my and equitable. We will want to ensure that that is hon. Friend repeat the statements that were made in a achieved, and I am happy to continue to discuss those Select Committee hearing about the status of directors issues with my hon. Friends. of public health? Is it the Government’s view that, at the Amendment 1167 is unnecessary for the same reason. very least, they should encourage—and preferably make CCGs are different entities from PCTs, with different mandatory—the status of a director of public health as structures, duties and functions, and it would not make a senior officer of the local authority, not reporting sense to set limits in such a way. The additional statutory through any other senior officer of the authority? provisions set out in new clause 10 are also unnecessary. Imposition of a minimum waiting time would not take Paul Burstow: My right hon. Friend is right to remind account of the clinical needs of individual patients, and the House of the clarifying statement that was made it is for clinicians to plan care on the basis of the clinical before his Select Committee. That is what we want to needs of patients and their right to access the best encourage. We are listening to the results of the consultation service. exercise at the moment. Such people should be officers We are considering how best to prevent PCTs from who report to the council and to the chief executive. imposing clinically inappropriate blanket minimum waiting Those are the issues that we are considering, and we will times, but there are already sufficient powers in the Bill return to the matter. to address the issue when it comes to CCGs. Amendment 1254 would require the local authority to obtain the agreement of the Secretary of State before Amendment 41 is also about consultation and dismissing its director of public health. Our view is that transparency. We have already changed the Bill to enhance as the local authority is the employer, it is not appropriate the duty on CCGs to involve and consult the public, but for the Secretary of State to intervene directly. The Bill the commissioners must have sufficient flexibility to be already requires local authorities to consult the Secretary proportionate in how they involve patients and service of State before dismissing a director of public health, so users. CCGs will not be able to use that flexibility to there is a safeguard already built into the legislation. underplay their duty to involve the public. Amendment 1256 would require the director of public I want to discuss a section of the Bill that I know health to be suitably qualified. It is important to be concerns some of my hon. Friends and which perhaps clear that, as the Bill sets out, the director of public was not much discussed in Committee—public health. health must be jointly appointed by the Secretary of A number of amendments are relevant here. New clause State, who can ensure that only appropriately qualified 23 would create the role of a chief environmental health individuals are appointed. The amendment is therefore officer. The chief medical officer, however, is already unnecessary. able to provide the very advice that the new clause would establish a new role to provide. The chief medical 3.15 pm officer can provide independent advice on environmental Amendments 1255, 1258, 1259 and 1260 would either health issues. At a time of financial stringency, the new replace references to the Secretary of State with references clause would create a layer of wasteful bureaucracy. to Public Health England or confer new duties on Amendments 1253 to 1260 relate to the role of directors Public Health England. In legal terms, Public Health of public health. Our position is that they should be England and the Secretary of State are the same thing, employed by the local authority to support local government and Public Health England will not be provided for in in the new role that the Bill confers on local authorities primary legislation. It will be an executive agency, which in respect of public health. makes amendments 1255 and 1260 superfluous. 413 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 414 (Re-committed) Bill (Re-committed) Bill Amendments 1258 and 1259 would effectively require “The provision made under sub-paragraph (3) must include the director of public health to be employed by the provisions for meetings of governing bodies to be open to the Secretary of State. There is, I believe, widespread support public, except where the consortium considers that it would not for conferring new public health functions on local be in the public interest to permit members of the public to attend a meeting or part of a meeting.” government in this area. As there is widespread support for that, it follows that local government should have Meetings will therefore be held in public unless the the appropriate expertise and resources, rather than consortium decides on a whim that it is not in the public what my right hon. Friend the Member for Charnwood interest for the public to come to the meeting—that is, (Mr Dorrell) described, and rather than having to rely for the meeting to be held in public. That is the tone that on central Government or agency support. Ministers have set throughout the Bill. It is misrepresentation. It relies on the fact that there are Amendments 1242 and 1243 would extend co-operation thousands of words, acres of clauses and endless duties for local authorities when exercising public health amendments. Ministers are trying to bore people into functions. Local authorities already have a number of failing to look at the details, but I am far too much of co-operation duties relating to health and well-being, an anorak; I will keep reading the Bill, keep looking at and new health and well-being boards will encourage the amendments and keep drawing them to the public’s integration of health and social care. The amendments attention. would simply complicate matters unnecessarily. Amendments 1172 and 1173 would give the Secretary Helen Jones: Does my hon. Friend agree that experience of State a duty to make arrangements for facilitating shows that when bodies are left to determine when it is haematopoietic stem cell transplantation. That is in the public interest not to know what is going on, they unnecessary, because of the continuing functions of the usually do so on the basis of what would be embarrassing Secretary of State, which we consider very important to them? Does he not fear that when difficult decisions indeed. Those are provided for under proposed new are to be taken, commissioning groups will shut down paragraph 7C of schedule 1 to the National Health public debate by making their meetings not open to the Service Act 2006. The amendments are therefore public? unnecessary. I hope that that reassures my hon. Friend the Member for Enfield North (Nick de Bois), who Owen Smith: One needs to look at the top of institutions tabled them. in this country—at the Government, and the extent to We are also making a range of technical amendments which Governments of all stripes choose what they are to these clauses, with which I will not detain the House. going to reveal to the public and what they deem not to If Members wish to have further information about be in the public interest. That standard is set and those matters, I should point out that they were the applied throughout public and private bodies in this subject of detailed briefings published last week to country and elsewhere. accompany the amendments. I have no doubt that there will be many instances when CCGs will determine that it is not in the public Owen Smith: I am grateful to the Minister for his interest that the public be admitted to their meetings—in contribution. Questions about the Bill just keep particular, for example, when they are discussing hospital coming. That is how I feel on rising to speak. We have reconfigurations or closures, and changes to public had eight months of debate on it. So far, more than services that people consider to be vital in those areas. 1,500 amendments have been tabled and we have learned CCGs must consider all those crucial issues, but they today that more are coming, which was news to us at must do so in a transparent manner, which is what we least. We have two—soon to be three—versions of the said in Committee last time round, on the previous Bill, as well as a very real issue between Ministers and iteration of the Bill. We have said it again and the the Opposition over how it ought to be interpreted and Government still have not answered the point to our what tone we ought to take when debating it. I would satisfaction. I call upon the Minister to amend schedule 2 like to address some of those questions and talk about once more. There is time to do so in the other place and the tone. I also want to outline how we are interpreting he may well want to give that consideration. the Bill and state that we feel very sincerely that the Government are misrepresenting what is in it. Mr David Ward (Bradford East) (LD): As a shadow By way of illustration, I shall pick up on a few things Minister, is the hon. Gentleman aware that there is a that the Minister said, which I feel either raise further standard clause in the standing orders or constitution questions or misrepresent what is in the Bill. I want to of every public body and every local authority throughout discuss in particular the issue that was debated by him the country? It is for those bodies to justify what is in and my hon. Friend the Member for Warrington North the public interest. That is standard in public sector (Helen Jones)—whether, under the aegis of the Bill, the organisations across the country. He is trying to make meetings of CCGs are to be held in public. He was very something out of nothing. clear about that. In fact, he was so clear that he had his Liberal Democrat friends bouncing up and down, shouting, Owen Smith: No, I am trying to make a point about “Must, must! They must meet in public. Haven’t you what the Minister said at the Dispatch Box not five read the Bill?” He went on to suggest that my hon. minutes ago, which was that CCGs must meet in public. Friend had perhaps read an earlier iteration of the Bill. I am pointing out that that is not accurate. They do not I know her well enough to know that she does her always have to meet in public; they may choose not to. homework and she will indeed have read the second Whereas that may apply across the board in other version of the Bill. There have been so many that it is public institutions, these are crucial new bodies about quite easy to lose track. She will also have read schedule 2 which there are grave concerns. We on the Opposition of that Bill, which states—I will quote directly; I will Benches are concerned to ensure that they should be not just make it up, like the Minister— obliged to meet in public on all occasions. 415 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 416 (Re-committed) Bill (Re-committed) Bill Paul Burstow: My hon. Friend the Member for Bradford Owen Smith: I shall not give way any more on that East (Mr Ward) is right. That is why the outrage was issue. [Interruption.] I was enjoying it too, although I expressed as it was. This part of the Bill and the would be surprised if the Minister was. I shall move on, schedule have the same effect as the Public Bodies if I may, to questions. As I said, there are many questions. (Admissions to Meetings) Act 1960. That Act does not The Minister said today with his usual candour and say in a blanket way that every meeting must be held in clarity that the vast bulk of health care will in future be public. It allows local authorities to exercise judgment delivered by NHS services. That is a new one on me—“the about confidentiality. We are applying the same principles vast bulk of health care”. That raises two questions. in that regard in exactly the same way as to PCTs, with Will he characterise what he means by “the vast bulk”, the additional provision that for the first time all these and what he means by “NHS services”? In a world in arrangements must be published. which we will have a much more mixed economy, with a much greater mix of public and private providers working Owen Smith: I am grateful to the Minister for that under the banner of the NHS, it is far from clear further intervention, just as I assume that he is grateful whether those things will be provided through what we for the intervention of the civil servants in the Box, who have understood traditionally to be a public NHS or must have passed him a note. Clearly, he was not aware through some new hybrid NHS that the Minister is of that earlier. When he said that CCGs must meet in cooking up in the laboratory at the Department of public, he was under the impression that that was the Health. case. The Minister said a moment ago that there were Nicky Morgan (Loughborough) (Con): Will the hon. many amendments. He is a master of understatement, Gentleman give way? as ever. There are about 100 amendments in the first group, and a further 100 or so to be debated later Owen Smith: No. I shall move on now. We have today—part of the 1,000 amendments that have, debated the topic long enough. extraordinarily, been tabled at this stage of the Bill, eight months after it first appeared. Andrew Gwynne (Denton and Reddish) (Lab): My hon. Friend is right to be concerned about the way this 3.30 pm part of the Bill is drafted. It is incredibly open-ended I will consider the amendments in three broad groups. for the consortium to decide what is exempt from public The first group relates to the duties of the Secretary of knowledge. That is quite different from the situation in State. The second group relates to the creation of the local government in England, where Local Government national commissioning board and the clinical Act 1972 prescribes what is exempt from the press and commissioning groups, and the consequent disaggregation, the public. or break-up, of the hitherto integrated and collaborative national health service, which is what we believe will Owen Smith: Indeed. The key difference is that it is happen. The third group encompasses the important for the clinical commissioning groups, in establishing issues relating to the cost of the envisaged Government their constitution, to determine what the rationale will actions for NHS staff, for their education and training be for allowing the public in or not. That is not set down and for their terms and conditions. in statute or in direction from the Minister or the Secretary of State. It is for individual CCGs to determine In addressing all those things, as the Minister keeps when they should let the public in. I give way to my telling us and as I have repeated, tone is very important. colleague on the Bill Committee. The Opposition have repeatedly been accused of scaremongering and misrepresenting the Bill in a cynical Nicky Morgan: I am grateful to the hon. Gentleman. fashion. Is the Minister seriously saying that all the I remember discussing with him whether he was a people who have criticised the Government and levelled lawyer, and he was proud to say that by background he accusations that this is a damaging Bill are scaremongering, was not a lawyer. As he knows, there will be occasions because it is not just the Labour party? [Interruption.] when a clinical commissioning group is considering a The Minister says from a sedentary position that he did matter which is sub judice. It could be an employment not use the word “scaremongering”. His colleague, the law matter; it could be a confidential matter relating to Minister of State, Department of Health, the right hon. a patient—for example, a mental health patient for Member for Chelmsford (Mr Burns), used that word on whom there has been very sensitive care. There will be three separate occasions yesterday, and I have noted the times when it is appropriate and in the public interest Secretary of State use it on several occasions. I have no and that of relatives—[Interruption.] I am making the doubt that, were I to read the Hansard reports of the point to the hon. Gentleman, not to those on the Bill Committee’s sittings, I would find that the Minister Opposition Back Benches. There will be occasions when had used the word, because it has been very popular on it is appropriate for the CCG not to meet in public, as I the Government side of the House. am sure he will concede as a matter of common sense. The word “scaremongering” is popular, because it is what the Government think we are doing. [Interruption.] Owen Smith: I will not dispute that there may be The Secretary of State says that we are, so perhaps he occasions when it will be appropriate for the CCG to will get up and tell us whether the British Medical meet in private, but that is not what the Minister said. Association, the Royal College of General Practitioners, My point was to do with the tone and the misrepresentation the Royal College of Nursing, the Royal College of that has been systematically applied by those on the Midwives, the Royal College of Psychiatrists, the Chartered Government Benches. That is the difference. Society of Physiotherapy, the Royal Pharmaceutical Society, the British Association of Occupational Therapists Dr Wollaston rose— and the Association of Medical Research Charities—the 417 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 418 (Re-committed) Bill (Re-committed) Bill alphabet soup of medical organisations that have criticised provision of health services in England, removing the the Bill—are all scaremongering? Do they all misunderstand duty that was placed on the Secretary of State by the the Bill? [Interruption.] He is not just talking about us, National Health Service Act 2006, the National Health because in many instances we are raising the same Service Act 1977 and all NHS Acts since 1946. concerns that those groups have raised both in detail Initially, the Government were not at all coy about and in broad terms. that; they were absolutely up-front about wanting to I want to start—I have not even got rolling yet—by remove political micro-management, as they kept putting stating in the strongest possible terms that it is the it, from the NHS. In the White Paper, they said: Government who are being cynical in systematically “The Government will liberate the NHS from excessive…political obscuring the true intentions of the Bill and misrepresenting control”. our profound concerns, because there is nothing hyperbolic or synthetic about them. They are very real concerns. Paul Burstow: Is it still the Opposition’s policy to seek We feel that the NHS, as a national, universal, publicly a division between the role of commissioning or purchasing controlled and publicly financed institution is jeopardised health services and the provision of those services? by the Government’s proposed reforms. Not tomorrow Does the hon. Gentleman believe in that split? maybe, or next year, but eventually and gradually it will be jeopardised by the new laissez-faire, localised, Owen Smith: Yes. The current situation is clear: the commercially driven and legally contestable version of Secretary of State has a legal duty placed upon him in the NHS. [Interruption.] The Minister sighs, but all the legislation to secure and provide—not just to those things are precisely what the new system is about. promote—a comprehensive health service in this country, The matter will be tested in the courts, and the first and to issue direction to PCTs and SHAs, such that they things that we will test are the duties of the Secretary of so do. Those two crucial aspects of the current legislation State. are being changed in the Bill, and I intend to discuss We feel that progressively the national, strategic and them in a moment. equity-driven system that we have had in the past 60 years In version 1 of the Bill, the Government were less in this country will be undermined. Worst of all, we feel coy, because it actually excised section 1 of the original that wider society, because of the obfuscation carried 1977 Act. After the deluge of criticism, however, they out by the Minister, will only really spot it when it is too decided that they needed to put it back in, making it late. We will only really miss the NHS, as we have explicit, as they put it, that the Secretary of State will be known it, when it is gone. It is particularly ironic that, at responsible, as now, for promoting a “comprehensive a point when many people in the House and elsewhere health service”. are thinking about what binds our society together and what are the things we want to nurture, how we bring Section 1 of the Act was duly reinstated, as was the about a sense of community, collectivism and mutual duty to promote, but there was a critical change, in support, as well as self-reliance, one of the institutions clause 1(2) of the new Bill, which diluted the traditional that is the shining example in our society of all those duty to provide and secure. Ultimately, it placed a duty values is being so profoundly undermined by the on the Secretary of State only to Government. Is that scaremongering? I do not think “exercise the functions conferred by the Act so as to secure that that it is. I do not think that we need to rely on our services are provided”. words or those in the medical profession who have I shall come on to the reason why that is significant, criticised it. We can rely on the words of the Government, but equally significant and allied to it was the retention— because they have been very clear about their intentions. against the advice of Opposition Members and many They stated in the White Paper: others—of clause 10, which amends section 3 of the “Our aim is to free up provision of healthcare, so that in most 2006 Act, thus keeping commissioning bodies, not the sectors of care… effective competition stimulates innovation and… Secretary of State, as the parties with a legal duty to increases productivity within a… market.” provide health care in England. As the Minister of State put it on TV, “We want a The net effect of those changes—despite what the genuine market.” As the Secretary of State put it, “I Minister said earlier, and despite what the Secretary of believe it would be right for us to have price competition.” State has said on several occasions, including notably He has changed his mind about that, just as the Government on Second Reading—is no change. The Secretary of have been forced to change their mind about a lot of State is still, as the Minister put it, washing his hands by things, but nevertheless I think that it is legitimate for us divesting himself not of the NHS but of a direct duty to to point to those as reasons for being deeply concerned provide a comprehensive health service. That is the about the trajectory of the Bill. distinction which the Minister failed to make today. The Minister opened his remarks by talking about The Secretary of State is palming off that precious duty, the duties of the Secretary of State, which I will move which has been placed upon successive Secretaries of on to now because they are absolutely critical to the State, and handing it on, via the mandate, to a quango debate. We believe that the changes to the Bill, even in and to unelected commissioning bodies. its third iteration, will fundamentally diminish the political accountability of the Secretary of State. As with the The Secretary of State for Health (Mr Andrew Lansley): competition issue, the critical change is one that has If the shadow Minister is so concerned about the Secretary been profoundly contested by the Government, but we of State’s legal ability directly to provide services, will think it is very clear. With respect to the changes he answer me a question? Does he know the last time introduced after the pause, we think the Bill still places the Secretary of State for Health actually directly provided at one very large step removed from the Secretary of any services? In the Department of Health, we cannot State the fundamental duty to provide or secure the find out when it was. 419 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 420 (Re-committed) Bill (Re-committed) Bill Owen Smith: With the greatest respect to the Secretary Minister can shake his head, but that is an accurate of State, who I have to confess knows a lot about the interpretation of what has happened. NHS and about the health service in this country, I think that that question is completely erroneous—a Rosie Cooper: My hon. Friend has been talking about total red herring. As I said earlier, the practical reality is mandates. Will he explain under what mandate and that the Secretary of State delegates—[Interruption.] how the Secretary of State is implementing all these No, no, no. The Secretary of State delegates to PCTs structural changes? The House has not voted on them and SHAs his powers to provide, but, as I am going to and the process started before the Bill came to the tell the Secretary of State, he will know that under the House. You are making structural changes, damaging aegis of this new Bill he will not have the power to direct the health service and making it impossible— clinical commissioning groups to do what he says, so he will not have a direct personal duty to provide. On the Mr Deputy Speaker (Mr Lindsay Hoyle): Order. I am courts, we heard another interesting thing earlier from sure that the hon. Lady will not be using “you”. the Minister of State. He said that it was okay, because the Secretary of State will be able to justify in court Rosie Cooper: Forgive me. I am for ever doing that, when he directs a CCG to act. That is very important, and I must stop. In essence, I am saying that the and I am keen to hear the Secretary of State’s response Secretary of State and Ministers keep talking about to it, but I do not think that he has one that will mandates and what they will and will not do, yet they convince us. are disregarding everything because they are implementing the Bill before it has been sanctioned by the House or Mr Lansley: The hon. Gentleman has admitted that the other place. for decades the Secretary of State has not directly provided services, and I know that that is true. The issue Owen Smith: I am grateful to my hon. Friend for that is about having a legal duty not to provide services, but intervention. As she will know, the Government have to secure the provision of services. He admits that that no mandate for any of these things—they were not in is done through delegation, which is in the structure of the manifesto, the election or the coalition agreement. the Bill through the delegation of that responsibility to There is a mandate, but not one to effect these sorts of the national health service commissioning board and the changes. That is another disgrace given how large the CCGs. The mandate, which my hon. Friend the Minister changes are. has clearly explained, is much more transparent and I am going to move off this issue, but I will conclude accountable to Parliament for the manner in which the by reading back to the Government their own words, Secretary of State secures the discharge of those duties. which make it absolutely clear what they are doing in Owen Smith: With respect, there is not a legal duty on getting rid of direction. Paragraph 66 of the explanatory the Secretary of State to provide, as there has been in notes states: successive health Bills. When Bevan talked about hearing “Currently, the Secretary of State is directly responsible for the bedpan dropped on the ward in Tredegar, he did not providing or securing the provision of all health services as set out mean that he wanted to pick it up. [Interruption.] Ido in the NHS Act, a function which is largely delegated to Strategic Health Authorities and Primary Care Trusts…However, the new not know whether the Secretary of State wants to listen. commissioning structure proposed by the Bill means that this Bevan did not mean that it needed to be picked up by would no longer be the case.” the Secretary of State, but he certainly meant that he The explanatory notes also state that would like to be able to direct those responsible operationally for picking it up so to do. “functions in relation to the health service are conferred directly on the organisations responsible for exercising them”. The critical difference in this Bill is that the Secretary of State will divest himself of not only the duty to Effectively, the Secretary of State will move on and his provide that service, but the power to direct the operational focus will shift to public health. parts of the NHS, save for—[Interruption.] The Minister is waving his head, nodding or something; I know what Paul Burstow: I want to be absolutely clear about this. he is going to say. Under the Bill, save for in cases of The hon. Gentleman is happy with an arrangement that crisis or emergency, the Secretary of State will not have allows the Secretary of State to make directions to the responsibility for running the day-to-day operations of NHS that do not require him to come to this House to the NHS. account for his actions—is that correct?

Paul Burstow: The hon. Gentleman is wrong again. 3.45 pm Unlike the previous Government, who were happy to have directions that did not have any parliamentary Owen Smith: I am happy—we are happy—with accountability, this Government are putting in place the the Secretary of State being properly, publicly accountable ability, through regulations, to set the standing rules for through this House and having a legal duty placed on the NHS, which, as set out clearly in clause 17, include him to secure and provide politically accountable all the issues that the hon. Gentleman is concerned health services in this country. We are deeply about and show that the Government are committed to concerned that the changes envisaged in the Bill, ensuring that there is a comprehensive health service. which radically alter the nature of the NHS, will not be able to be held to account through the Secretary Owen Smith: As the Minister has just confirmed by of State in future Parliaments. That is our profound omission, there will be no power to direct and therefore concern about the line of direct political accountability no power to deliver absolutely a comprehensive, universal that so many of the Minister’s hon. Friends share, health service as we have come to expect and understand which is why they have tabled amendments to that it. Those are the key differences. [Interruption.] The effect and why they have repeatedly raised these 421 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 422 (Re-committed) Bill (Re-committed) Bill [Owen Smith] Finally on the issue of the Secretary of State, and once again to hammer home the point that this is not concerns in the Bill Committee and elsewhere. The just Labour scaremongering and that lawyers will be Minister does not have those concerns, but many other involved at every step of the way, I draw Members’ Liberal Democrats do. attention to the independent legal opinion that was provided by Stephen Cragg QC. Paragraph 1 of the Andrew George: I have to say that I entirely respect executive summary states: my hon. Friend the Minister. The hon. Gentleman’s “It is clear that the drafters of the Health and Social Care Bill point echoes what I said earlier in contradicting the intend that the functions of the Secretary of State in relation to Department of Health’s claim that the original 1946 Act the NHS in England are to be greatly curtailed.” did not have a requirement to provide or secure services. It goes on: My quote provided evidence that that requirement has “Effectively, the duty to provide a national health service always been there. The Department also claims that would be lost if the Bill becomes law. It would be replaced by a because of the changes it is no longer legally acceptable duty on an unknown number of commissioning consortia with for the Secretary of State to have that responsibility, but only a duty to make or arrange provision for that section of the that issue has not been properly addressed. Would the population for which it is responsible.” hon. Gentleman care to deal with the point that it may It states that the Bill is no longer be legally acceptable for the Secretary of “fragmenting a service that currently has the advantage of national State to have that duty? oversight and control, and which is politically accountable via the ballot box to the electorate.” Owen Smith: As I said earlier, or rather as somebody That was the view of an independent QC on reading the said on my behalf, I am not a lawyer—I am a historian. Bill. It is a view that I and the Opposition share. I As a historian, I agree with the hon. Gentleman that the suggest that Ministers read it very carefully and do not 1946 Act does indeed say: dismiss it, as they have done today, as an inaccurate “provide or secure the effective provision of services”. reading of the Bill. He was entirely right in that, and I could not understand the response from the Minister. Nicky Morgan: Is that the independent legal advice The key thing is that eight months, two Bills and given to the campaign organisation, 38 Degrees? If it is 1,500 amendments later, we are still debating clause 1 and if the hon. Gentleman has any influence over that and its legal interpretation. That is testament to just group, can he persuade it to release and make public the how badly botched this Bill has been and just how instructions given to counsel, because any instructing alarming it is for many people—patients and NHS solicitor who instructs counsel to give advice usually staff—that we, the legislature, do not understand, or gives very clear guidelines on, or an indication of, what have divided views about, our understanding of the they want the advice to say? critical responsibility of the Secretary of State. Owen Smith: I am ever so grateful to the hon. Lady Steve McCabe (Birmingham, Selly Oak) (Lab): Before for that intervention, because it is profoundly rich for my hon. Friend moves on to the next section of his anybody on the Government Benches to suggest that we speech, perhaps I can return to the question of a should prevail upon an independent organisation to mandate. Given that this is such a botched Bill, given publish the instructions that it offered to an independent what he says about the tone of the proceedings, given QC, when the Government will not even publish the that at this stage nobody seems to understand exactly independent advice that they have commissioned. They what are the implications of some of the Government’s have refused to do so repeatedly. They will tell us that claims, given the fact that the Government are not they do not agree with this independent opinion, but willing to entertain people’s legitimate concerns, and they absolutely will not publish their own. I suggest that given that there is no mandate in either Government she makes representations to those on her Front Bench, party’s manifesto for this Bill, the other place is presumably and I will do the same to 38 Degrees if I have a chance. not bound by the Salisbury convention, and if the The independent legal advice goes on to say: Government will not entertain those concerns here, it “Encouraged by the structure and clear intention of the Bill to will be the duty of the other place to address them. give consortia autonomy from the Secretary of State,”— which is, of course, in clause 4 of the new Bill— Owen Smith: It will. I have no doubt that the very many lawyers in the other place will have a field day in “there is a real risk of an increase in the ‘postcode lottery’ nature of the delivery of some services, depending on the decisions made addressing these issues—just as, we fear, lawyers the by consortia.” length and breadth of this land will have a field day, not only during the passage of the Bill but for many years to That increase in the postcode lottery takes me on to the come. That is because so many things will be contested, second set of proposals that I wish to touch on, which not only relating to the issues we are debating but, far we believe would stop the Government effectively legislating more importantly, in relation to competition, which we to hardwire the postcode lottery into our NHS. We debated yesterday, where it is undoubtedly the case that accept that it is already too variable across the country decisions that have hitherto been made to provide services and that there needs to be greater equity and from within the family of the NHS will be challenged standardisation, with excellence provided to everybody by carpetbaggers—profit seekers—from outwith the NHS. across the country. That will become all the more difficult Under the future provisions, those issues will need to be with the new provisions. tested in the courts. The Government have conceded New clauses 10 and 11, which were tabled by the that on several occasions, and I am sure that they would Labour Opposition, are designed to combat some of do so today if they were asked. the possible malign consequences of the changes that 423 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 424 (Re-committed) Bill (Re-committed) Bill hand to clinical commissioning groups the ability to less experienced in commissioning, than PCTs or strategic determine the needs of the local health population and health authorities, and they are arguably too small to to set their priorities without interference or support compete equitably with very large and financially powerful from the Government, or indeed from regional strategic foundation trusts. That is a real risk. Crucially, they will health authorities. also increase transaction costs, bureaucracy and administration costs. Dr Poulter rose— That is why, in new clause 11, we have decided to ask the Government to put their money where their mouth Owen Smith: I am delighted to give way to the hon. is. The Minister asked earlier why we had chosen an Member for Central Suffolk and North Ipswich “arbitrary” figure of 45% for a cap on the volume of (Dr Poulter), who has such an acute interest in Wales. expenditure on administration by CCGs. The answer is simple: it was the number that the Secretary of State Dr Poulter: The hon. Gentleman is making some came up with. He said that that was how many percentage good points. Does he accept that within a national points he was going to trim off the administration and framework of gold standard and good treatment, there bureaucracy costs of the NHS. He boasted that he will be regional or local variations in the needs of could deliver 45% savings, so we are calling on him patient groups? For example, given health care inequalities, today to put his money where his mouth is and legislate mental health and the higher rates of cardiovascular for that. Let us measure him against that, because there problems in ethnic minority populations, patients in is not going to be much else that we can hold him Bradford may have very different health care needs and accountable for. priorities than patients in the area of rural Suffolk that I represent. Does he agree that the Bill goes some way We have tabled new clause 10, on waiting times, towards allowing local flexibility that will better address because targets and standards absolutely matter in the some of the different local health care needs? NHS. No matter what the Government keep telling the public, we still believe in clinical targets, including some Owen Smith: I accept that there are obviously different that the Government would denigrate as “bureaucratic” needs and that there is a good case for a needs-based or “administrative” targets. In new clause 10, we ask the assessment model being used by PCTs in the current Government to take the power to set transparent regulations situation or by CCGs. Indeed, one of the amendments relating to waiting times. Waiting times are going up tabled by Liberal Democrat Members on a needs-based under this Government. There have been 400,000 people assessment is excellent and I wish that we had tabled it. with long waits since the Tories came to power. The However, the crucial difference, which I alluded to trajectory and the sense of history repeating itself are earlier, is that previously the Secretary of State has had depressingly clear to me and my hon. Friends. a direct duty under section 3 of the National Health Service Act 2006 to provide and secure a whole range of David Tredinnick (Bosworth) (Con): I think the hon. relevant and necessary pieces of the health ecosystem, Gentleman might inadvertently have misled the House. such as hospitals, within a given area. Under the Bill, He said that waiting lists were going up in the NHS. My that duty will pass to clinical commissioning groups. recollection is that they are going up in Wales. He is That is a further crucial removal of responsibility and shadow Wales Minister, I think. accountability from the Secretary of State and transference of them to CCGs. Owen Smith: I was waiting for that intervention and Under the aegis of the Bill, many CCGs may well looking forward to it. I was slightly concerned, when plan well for their local population, and perhaps better the hon. Member for Central Suffolk and North Ipswich than primary care trusts, but what if they do not? What intervened and failed to mention the fair and beautiful if they get it wrong and determine for clinical reasons—or, country of Wales, that I was not going to get the dare I say it, because in this new world they are sitting opportunity to put the record straight. I hate to tell the cheek by jowl in the boardroom with commercial players hon. Member for Bosworth (David Tredinnick) this, but who have a stake and a skin in the game financially—that he is wrong. Waiting lists in Wales are coming down. We they no longer feel it is “reasonable”, as the Bill puts it, have been hitting 95% of our target week in, week out, to provide certain services? I think that is perfectly month in, month out since September 2009. foreseeable. We already know that because of the cost pressures 4pm that PCTs are under, they are having to make difficult I will concede that the Labour Government in Wales decisions about which services they will provide and had a problem with orthopaedic waiting lists because of which they will not. They have always had to do that. It a lack of capacity and too few orthopaedic surgeons, is just possible that CCGs will make duff decisions with but they invested an additional £65 million to deal with which local residents disagree. As we heard earlier from orthopaedic waiting times. I am confident that that will my hon. Friends on the Back Benches, they will not be have an effect, but the key is that we still have and able to be held to account in the way that the Secretary observe waiting targets in Wales, and we expect that of State, and eventually PCTs through the Secretary of people will holds us to account in hitting them, whereas State, can currently be. Those changes are critical, and I in England we are getting rid of waiting targets. What is suggest that the Minister reflects on them. happening as a result? Waiting times are going up, as Another crucial change to the Bill that we would happens every time the Tories come to power. like to be brought about is in respect of the costs of We have also seen from the Co-operation and bureaucracy. We are changing from 150 PCTs to more Competition Panel, which the Government are keen to than 250 clinical commissioning groups and counting. pray in aid on other matters, that minimum wait times The latter are smaller and less strategic, and certainly are now being set by PCTs in England in anticipation of 425 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 426 (Re-committed) Bill (Re-committed) Bill the increased autonomy that they will have. They are the Minister has had the temerity to come to the House already deciding they will carve out their budgets and today and inform us that a new amendment is to be curb costs by setting minimum waiting times, and by tabled in the House of Lords to deal with this crucial introducing independently determined—not NICE- part of the Bill. determined—clinical thresholds for treatment. Those things are entirely unacceptable, as the Secretary of Paul Burstow: I have said that before. State conceded in a letter to my right hon. Friend the shadow Health Secretary. However, they are symptomatic Owen Smith: The Minister has not said it before in a of what we will see in a busted-up, fragmented and public realm of which I am aware. He certainly did not disaggregated NHS. Without strategic regional oversight, say it in the Public Bill Committee, all 40-odd sessions local decision making will compound the postcode of which I feel I sat through. The Minister knows that lottery. the issue is crucial, because the Future Forum that he commissioned said so. Indeed, it said that New clause 14 is an important proposal. It is designed “one of the most widely voiced criticisms of the proposed changes to prevent those who shout the loudest under the new was a deeply felt concern at the risks to healthcare education and fragmented system from gaining the most, and from training in England posed by the fast pace of change.” gaining an inequitable share of health care resources. The Government responded by saying: That has been a traditional concern of health care “we will introduce an explicit duty for the Secretary of State to policy under different Governments, and it remains a maintain a system for professional education and training as part concern of the Opposition. of the comprehensive health service.” The Bill makes commissioning bodies—CCGs— We are still waiting. What will that duty look like? responsible for both the people on their practice lists [Interruption.] The Minister says “We have said that we and people living within their boundary area who are are going to do it”, but here we are, eight months and not on the practice list of another CCG. The Opposition 1,500 amendments later. How long must we wait? Are have argued against that for two key reasons. First, as we sure that we will see the duty introduced in the Liberal Democrat Members will recognise, the measure House of Lords? Are we positive about that? I must say makes population-based needs assessment impossible. that I am not certain about it. That kind of structure means that totting up potential customers and patients within an area cannot be done, Paul Burstow: The shadow Minister rarely criticises because they will not live in a single, defined area. Some the Government for telling the House again what they people who do not live in the area might need to be said in the response to the Future Forum, which is that covered because they are on the list, and others will not we would introduce that explicit duty. We will introduce need to be covered even though they live in the area. it in the House of Lords, as I have told the House today. Secondly, the Opposition are against the kind of system We are committed to doing so, having listened carefully in which the most vocal and well informed, and perhaps to the concerns of NHS professionals. the wealthiest, can shop around for the best GP practice, and therefore the best consortium, which could be Owen Smith: The very simple question to be asked is outside their immediate area. “Why the delay?” Why could the Minister not have New clause 14, alongside amendment 5, which would introduced it earlier? We have known about the problem delete clause 10, would make the people in the area of a for eight months and more. The Secretary of State, who CCG its primary responsibility. Regulations would allow has been keen on changes such as this for a long time, CCGs provision for other people, such as those on their must have given some thought to what he was going to practice lists, but they would always remain responsible do about staff training and work force planning in the for the people in their area. NHS. Education and training is another crucial measure in Mr Barron: It was clear from the day of its publication the Bill that we are shoehorning into this very short that the Bill, which abolishes the structure that had kept debate—it is perhaps one of the greatest concerns of education and training in place, would create chaos in the medical fraternity. We have tabled several proposals the national health service. Here we are, hundreds of on that: new clauses 12 and 13, amendments 7 and 47. amendments later, with a resubmitted Bill. Our debate On staff terms and conditions, we have tabled on the outcome has been crammed into two days, which amendment 1168. In addition to providing the strategic, is wholly unsatisfactory, and the Government still cannot regional tier of NHS government, SHAs have a key role tell us what will replace the structure that has been in in education and training, including, crucially, hosting place for so many years. That is a nonsense. deaneries and in work force planning. Those are obviously I listened to the Minister’s speech earlier. He was linked to questions of emergent innovation, changing telling people—people outside, including professionals need in a local area, and any potential consequent who want this kind of professional development on a reconfigurations of hospitals. They are absolutely central continuing basis—to have faith in what might happen at to how we run the NHS and plan for its future. some stage. I have to say that I have little faith in what It is therefore scandalous that we come to this juncture, the Government have done with the Bill from the very many months after we started our debates on the Bill, beginning. with SHAs—the repositories of the training and planning function in the NHS—on the verge of being abolished. Owen Smith: I entirely agree, and my faith is diminishing Their abolition has shifted from seven months to around by the minute. I do not understand why the Government 14 months, but in legislative terms SHAs are on the cannot simply concede that they have signally failed to verge of being done in by the Government. However, deal with this crucial aspect of the Bill. It took them the Government have absolutely no idea what they will months to produce the revised failure regime. They replace the education and training facilities with—and managed to drag that out in time for Report, but they 427 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 428 (Re-committed) Bill (Re-committed) Bill have not produced the impact assessment, they have not Owen Smith: My hon. Friend is close to health workers produced any figures showing how much this will cost and health professionals in her constituency, and she the public purse, although we know that the amount is knows that people are leaving the service in droves. It is rising—I should love the Minister to tell us by how not just managers who will be sacked from primary care much—and they have not produced a solution to the trusts or transferred across to they do not know what crucial problem of staff training and work force planning. kind of organisation elsewhere. Clinicians are also deciding That is a disgrace. They could have and should have that they no longer think the job is worth the candle, done it by now. because of the endless top-down reorganisation—something New clause 13 would place a further duty on providers, we were told we would not see from this Government, related to what is in the earlier new clause. It would although it just keeps on coming. I fear that the situation oblige them to make provision for training and work will get worse in coming months. We will have to wait force planning for their own staff, thus filling another and see what the capacity of these new CCGs—and, gaping hole in the Bill. As the Minister might say if he potentially, the national commissioning board—will be, intervened on me, Monitor may well have powers, under because we do not yet know who will be left standing at the pricing clauses, to pay less under the tariff to the end of this endless round of changes. providers who do not engage in training, but nothing in In summary—[Interruption.] It is a long summary, the Bill compels new entrants—especially private and if hon. Members keep talking it will get longer. In providers—to give their staff any training, or to deal summary, we have had eight months of debate in this with any costs that the NHS has traditionally had to place, two—and soon to be three—versions of the Bill, bear for the education of the work force. with 1,500 amendments, hundreds of protest meetings We all know that in the incredibly fast-moving and across the country, and 450,000 signatories to a petition innovative world of health care, keeping staff up to date trying to “kill the Bill”. Those extraordinarily high is absolutely crucial. That is why—I hate to say it—despite numbers are a reflection of the importance of the NHS the news that we are to have an amendment ín the to the British people, to the NHS workers and to us, the Lords, we will attempt to press amendment 7 to a vote. Labour party. It proposes the retention of SHAs until and unless we For many in our society the NHS remains the shining know precisely what the Government will put in their symbol of the civilised collectivist values that first informed place in respect of training and administration. its creation 60 years ago, and they rightly view its NHS staff is another group that is profoundly concerned continuation and their stake in it as part of their British by the shambles, chaos and confusion that Ministers birthright. We in the Labour party view it as a cherished have overseen. Under the Bill, they are described as part of our heritage. It also shines a light for us to the assets and will be transferred lock, stock and barrel future, and we will not stand by and let how we have between new providers. The new providers may be a known it to be for these past 60 years fall into the pages private company—such as Helios, Bupa, UnitedHealth, of history. In 1946 we legislated to realise the vision of a or whoever else decides it is interested in running the collaborative and comprehensive national and public NHS in future—and the staff may be transferred to the service, as part of the essential glue of that post-war new providers. The Minister shrugs, suggesting that society. This Bill promises instead to give birth to a that is a misrepresentation, so I challenge him to intervene denationalised NHS—a denatured NHS—divided by on me and state what he seemed to imply earlier: that competition law, and conquered by profit seekers and what I have just said is not the case. carpetbaggers from across the globe. Schedule 23 makes that explicit, however. It provides Ministers, especially the Secretary of State, should for the transfer of NHS staff and other assets. It allows remember that it is never too late to change one’s such so-called assets to be passed in future from NHS mind—it is never too late to save the NHS. We are entities to the new CCGs. That can happen to any appealing for them to do so and they would do well to do so. They should remember, too, the dire and, I trust, “person who provides services as part of the health service in England and consents to the transfer”. accurate prediction and warning given by the man who was proud to be the midwife to the NHS—the Welshman, Under schedule 23, any NHS member of staff—or a Nye Bevan—in 1946. He said that building or intellectual property—can, so long as they “no government that attempts to destroy the Health Service can agree, be transferred to anybody else who is licensed to hope to command the support of the British people.” provide services to the NHS. I find that extraordinary, but not quite as extraordinary as the next provision, That was true when he wrote it in 1951 and it will be which refers to NHS bodies being able to transfer all true in 2015 when the Prime Minister asks the people to such assets—what a delightful way to refer to people—to trust him on the NHS. I hate to tell the Secretary of a “qualifying company”, whatever that means. I will be State and, indeed, the Prime Minister this, but no delighted if the Minister tells us what the term “qualifying amount of Ashcroft-funded airbrushed billboards pleading company” in schedule 23 means. with people to trust the Tories on the NHS will count, because the evidence of their perfidy is written in black and white throughout this Bill, and it will be remembered Alison Seabeck (Plymouth, Moor View) (Lab): Does at the next election. my hon. Friend join me in sharing the concerns of many public health consultants in this regard? They sometimes cover three areas of work, so in one area 4.15 pm they could go to the commissioning board, in another Guy Opperman (Hexham) (Con): I wish to start by they could go to children’s health commissioning, and making it clear that I am a big supporter of the NHS. I in another area of their job they could go to the local probably should declare an interest, because I have authority. What are those people supposed to do? I spent too much of the past six months discovering it suspect some of them will leave the service. from the inside. As is commonly known, I had a brain 429 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 430 (Re-committed) Bill (Re-committed) Bill [Guy Opperman] not open to challenge. It is not myself or the Government who would decide that, but a High Court judge considering tumour in April, which was removed by the national a matter of judicial review. But if the public body—in hospital for neurology and neurosurgery in Queen square, the form of the NHS or the commissioning consortia—does where I received outstanding care and treatment from not act properly, behaves beyond its powers or breaches the doctors and nurses. natural justice in any way, it should and will be open to That was not the first time that I had had my life judicial review and other legal process. That is entirely saved by the NHS. Although my girth would deceive proper. hon. Members, I used to be a jockey, and when I was I therefore do not believe that this will be a process trying to win a race at Stratford, the second last fence through which huge numbers of judicial reviews will proved too much for the horse and me, we turned over arise, as new issues for the NHS. I do not think that that and on my left hand side I was entirely crushed by a will be the case at this stage. The hon. Member for steeplechaser. I broke about 11 bones and cut my left Pontypridd (Owen Smith) talked at great length about kidney in half. I had a splenectomy and a very good the commissioned barrister’s opinion and 38 Degrees, doctor at Warwick hospital saved my life. I also wish to but that barrister’s opinion makes the simple point: make the point that I have an NHS background: my “The Bill does nothing to make the system more amenable to grandmother was a matron in a district hospital, and we challenge in the courts”. have spent an awful lot of time in the Hexham constituency Let me finish my points about competition and the supporting the Hexham hospital and the Freeman hospital, duty to provide. I suggest that there is no fundamental in particular. change whatsoever. That is also the suggestion that the I support the Bill, and I wish to touch on a couple of individual counsel made clear. I make the point that he the points that have been raised. For a time I earned a is a junior counsel, not a Queen’s counsel, and there is living as a barrister, reviewing health care bodies and no disclosure of instructions, the conference notes or public bodies of a general nature. I hope that that any of the other things that would be vital to an qualifies me to discuss competition law briefly. If hon. understanding of the opinion. It has been wholly Members were to read, as I have had to over the past misrepresented by 38 Degrees, and there is no change— few months, some of the representations that have been made about competition, they would believe that it is a Owen Smith rose— new evil being introduced into the NHS. However, that is manifestly wrong, as the Enterprise Act 2002 and the Guy Opperman: I am sorry, but I am going to keep Competition Act 1998 were introduced under the previous going. The hon. Gentleman had about an hour to talk, Government and have been operating in the health and there are an awful lot of people who would like to service for a considerable time. I see some hon. Members talk about these matters. shaking their heads, but the argument supported by the I suggest that there is no fundamental change, and shadow Minister cites that exact point: in the form of a this is clearly a way forward that is being implemented variety of institutions and undertakings, the UK health for the benefit of patients. We are concerned with service is subject to competition law under the 2002 Act, patient care and the quality of outcomes. I as a patient, the 1998 Act and European community laws on and many other people in this House, are not concerned competition. This is therefore not a new thing, nor with the quality of outcomes other than to ask, “Is it a should it be, because it was introduced by the previous good outcome?” That is the important thing, and to Government and large parts of the Bill follow on from suggest that private provision of the outcome and of what was done previously. the service provided is fundamentally bad is simply I shall touch briefly on procurement, because the wrong. Such provision was introduced and brought in issue has been raised in this House. It is not a new thing by the previous Government, and it assisted the public for procurement matters to be challenged or to be provision. The two can work together, and that is a subject to judicial process. Judicial process itself is not a good thing. I shall support the Bill, and I make this bad thing. I have heard people say countless times in point to finish: the NHS is clearly a wonderful institution these past two days of debate, “This is going to be a den that all in the House cherish and support, and this is a of iniquity for lawyers. It will be so bad that there will Bill that supports it. be lawyers all over this case. It will be really difficult for people to proceed with the health system.” I brought a Valerie Vaz (Walsall South) (Lab): It is always a case against a primary care trust in 2005, 2006 and pleasure to follow the hon. Member for Hexham (Guy 2007, with a view to trying to change the law and the Opperman), and it is good to see him sitting in his place. way in which that PCT was operating. Before anyone I welcome him back to the House and commend him on jumps up to discuss that approach, I am pleased to say, his great recovery. He is actually looking better than first, that we changed the law to assist the patients, before, if I may say so. secondly, that the whole case was conducted entirely Let me take up one point that the hon. Gentleman pro bono—for free—and thirdly, that two separate Labour made. As a barrister, he will want people to go to Attorney-Generals gave me national awards to support litigation, but as a solicitor I mostly counsel people not my efforts. I do not expect that to happen again in a to. It is the most terrible, prolonged and costly event—but hurry. The point is that if we operate the process I appreciate that he wants litigation, because that is his correctly—I shall talk about the process briefly in a bread and butter. second—we, and the commissioning consortia, will not As for the legal advice, I asked on a number of be the subject of legal challenge. occasions for the legal advice that the Department had That will always be the case with any public body: if and it was refused on all those occasions. The hon. it operates in a statutory and well-authorised way and Gentleman can talk about 38 Degrees, but thankfully provides the degree of consultation that it should, it is that organisation is interested in the public and knows 431 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 432 (Re-committed) Bill (Re-committed) Bill that they need the legal advice that was not provided, We have, however, had a figure—£1.4 billion—from even though it was paid for with taxpayers’ money. I Professor Kieran Walshe of Manchester university. No challenge the Secretary of State to lay it in the House of wonder waiting times have gone up. Members of the Commons Library, if the other advice is so hurtful to public need to know that in an increasing number of him. What is the problem? His Bill is being discussed areas, consortia will be conducting competitive tenders and there is nothing to hide. I say that he should place in which, potentially, foundation trusts, the constituent his legal advice in the Library. members of consortia and commercial providers will be I am a Member of the Select Committee on Health bidding. Clearly, there will also be a conflict of interest. and Sir David Nicholson, the new chief executive of It has been estimated that a single procurement process the NHS commissioning board, appeared before us can cost from £5,000 to £30,000. That is a waste of when I was first elected. He was then on the verge of public money, and the whole regime of procurement is a retirement— waste of costs.

Mr Lansley: No, he wasn’t. Paul Burstow rose—

Valerie Vaz: He was: he had a very big smile on his Valerie Vaz: What is so extraordinary is that the face and he said, “I’m about to retire.” [Interruption.] Secretary of State does not want to be the Secretary of With the greatest respect, the Secretary of State was not State; he wants to let the Future Forum consult and there. Sir David was asked to stay on to preside over the listen to people, but that is not how decisions are made NHS commissioning board, which he has described as in government. In government people hear the evidence “the greatest quango in the sky.” from all sides—[Interruption.] I have made it pretty clear: the Minister has had his time, but I am a Back I think that the NHS commissioning board is going to Bencher and I do not get much time to speak. be the new Secretary of State for Health, with all the powers but none of the accountability. The NHS has People in government hear the evidence from all been quangoed—not coloured orange, as in the advert, sides and weigh things up. Then they make a decision although that might happen when the Bill goes to the reasonably and give their reasons. The Secretary of other place, but coloured the blue of betrayal. These are State is hiding not only behind the Future Forum but not reforms: they are a complete dismantling and looting behind the NHS commissioning board. He is like Macavity of our precious resource. This is not selling off the the mystery cat: family silver, but selling off the whole estate, the freehold “At whatever time the deed took place—MACAVITYWASN’T and the family crest. THERE!” It is not just Opposition Members who are concerned I would like to draw hon. Members’ attention to a about accountability. There are widespread concerns paper dated 29 August 2011 by Dr Lucy Reynolds, about the accountability of the NHS commissioning Dr John Lister, Dr Alex Scott-Samuel and Professor board and commissioning consortia regarding public Martin McKee, “Liberating the NHS: source and money. destination of the Lansley reform”, which I will place in the Library. It draws a link between a paper written in Andrew Percy: Will the hon. Lady give way? 1988 by the right hon. Member for Wokingham (Mr Redwood) and the Minister of State, Cabinet Office, the right hon. Member for West Dorset Valerie Vaz: No, I will not. (Mr Letwin). It is therefore no surprise that when the I again ask the Secretary of State for Health what Minister of State, Cabinet Office was called in to look discussions he has had with the Cabinet Secretary about at the proposals he endorsed them, because they were the change regarding accountability for the public money his. Paragraph 3 of the paper is entitled, “Implementation that will be transferred—£60 billion of it—to those of the Redwood/Letwin Plan in the Lansley reform”. quangos. If he is asked questions about this in the The paper was sent to me by a young academic who House he will say that it is an operational matter. said that his life had been saved twice by the NHS but I want to show hon. Members what the scenario will would not have been saved under an American-style be like, because this is already happening in my privatised health system. constituency and this is what it will be like throughout The most recent satisfaction survey by Ipsos MORI England. The out-of-hours GP and urgent care service last March showed 72% public satisfaction with the provider Waldoc has just lost the contract to provide NHS, but it was not published by the Department of out-of-hours services after 16 years, without a right of Health even though the Department had asked for it to appeal to the strategic health authority and despite a be done. Members will have seen a report from Colin patient satisfaction rate of 95%. When the contract was Pritchard and Mark Wallace which said: lost and staff turned up to find out whether they had “In cost-effective terms, i.e. economic input versus clinical jobs, they did not even know whether they would have a output”, job the next day. That is how they have been treated. This has been happening in most PCTs, as some Members the UK health service was “the most cost-effective” in will know from their constituencies. People have left, reducing mortality rates, compared with the US health vital expertise has gone and no one from the Government care system. side has been able to give us a figure for the redundancy Finally, I say to hon. Members—including the hon. costs. When I asked the Minister how much this whole Member for Hexham—as they think about what has reorganisation would cost, he said he did not know the been said, “Stand up for democracy, stand up for the figure and that there was no new money. That must trust between elected representatives and their constituents, mean that money has come out of services. and stand up for the NHS: vote against this Bill.” 433 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 434 (Re-committed) Bill (Re-committed) Bill 4.30 pm acupuncture have increased in popularity dramatically— Chinese practitioners may now be found in any town in David Tredinnick: I am most grateful for being called the country. to speak and for the opportunity to follow my colleague I suggest to my right hon. Friend the Secretary of on the Health Committee, the hon. Member for Walsall State that other therapies should be included in the list. South (Valerie Vaz), and my hon. Friend the Member He has produced a second list of services to be introduced for Hexham (Guy Opperman), and to say how pleased I in 2013-14, which includes community chemotherapy am to see my hon. Friend in his place. I know from and home chemotherapy. If we are to offer patients experience—not personal experience—just how tough choice on those chemotherapy services, we really ought that operation can be, so many congratulations to him to consider those who can support people who are on his recovery. exhausted after chemotherapy and radiotherapy. I am I want to make a short speech on just one issue—patient thinking of not only those who practise traditional choice, which is one of the most important, if not the Chinese herbal medicine and acupuncture, but the healing most important, aspects of the Bill—and to challenge fraternity and those who use therapeutic touch, many my right hon. Friend the Secretary of State on one or of whom now work in NHS hospitals to great effect. two points. Chapter A1 13H sets out the duty that the I should also like to refer to homeopathic medicine, board has, in the exercise of its functions, to which I have discussed when you have been in the Chair “promote the involvement of patients, and their carers and before, Madam Deputy Speaker. I think I am right in representatives…in decisions about the provision of health services saying that your constituency is not far from the Bristol to…patients.” homeopathic hospital, so perhaps you will not call me That patient choice depends on clinical commissioning, to order on this, especially as I am trying to stay in the subject of the amendments before us, and that in order. Many people use homeopathy every day to cure itself hangs on the “any qualified provider” policy, simple ailments, because it is cheap, easy to understand modified recently from “any willing provider”. There I and very effective. Even if there are not umpteen double- have some concerns. blind placebo-controlled trials, there is a wealth of evidence that it works. I would draw my right hon. The TUC brief summed up “any qualified provider” Friend’s attention to the fact that the Royal London very well: hospital for integrated medicine, which used to be called “Under AQP, patients will be able to choose which provider to the Royal London homeopathic hospital, has the highest use for their treatment, from a list of approved providers (private, patient satisfaction rating of all hospitals in the United public or voluntary sector) who perform the service in exchange Kingdom. for a locally or nationally set tariff.” There is a case for including in the Bill clearer direction Where I have a slight problem is that although the about the services that will become available. I ask my categories of treatment that can be employed, certainly right hon. Friend to smile on those other disciplines in the transitional year 2012-13, have been set out in the that do not have statutory regulation but perhaps have operational guidance, I think there is a strong case for robust non-statutory, voluntary regulation, such as the guidance to be in the Bill itself. acupuncture, and ensure that when patients go to their However, I am very pleased to see at the top of the list doctors and say, “Doctor, this is what we’ve used; this is musculoskeletal services for back and neck pain, and I what we really want,” they will not be turned away. presume, although it is not set out, that that means Joan Walley (Stoke-on-Trent North) (Lab): Following greater use of osteopathy and chiropractic, both regulated the hon. Member for Bosworth (David Tredinnick) by Acts of Parliament, in 1993 and 1994. I had the illustrates the problems that we have with the Bill: even honour to serve on the Committees considering those at this stage, specific details need to be discussed and Bills. As the public are to have greater choice, we must have a case made for them, so that the future of NHS look at providing that choice, and they will be asking provision can be fully taken on board. At the same time, for those services. They will also want acupuncture for because of how the Bill has been handled—we have had musculoskeletal problems. Acupuncture has been approved a re-committal—we have a political debate. by NICE and there are now NICE guidelines supporting The debate on this specific group of amendments is acupuncture for use in these services. I would like my taking place on two levels. I certainly want to ensure right hon. Friend the Secretary of State to consider at that the true principles of the NHS and its founding some point making a more positive, more specific fathers, such as Nye Bevan, are followed in future commitment to the use of those services in the provision provision. We need that political debate to ensure that for patient choice. the NHS is politically accountable. We have almost lost There is a strong case for the “any qualified provider” that opportunity, because we are in this mess, with all policy to be set out in the Bill too, although it is set out this uncertainty and not knowing how the Bill will in the operational guidance. The problem that may shape up and go forward. We risk losing the whole of occur is in the qualification process. I have no problem the NHS altogether. with its asking for safe, good-quality care or with the Many people who are part of the medical profession governing principle of qualification being that practitioners and others who are concerned about their own future be registered with the Care Quality Commission and health care have contacted me, because they want the Monitor, but what about those therapies that do not Government to be in control and the Secretary of State have those badges in their passport? What about traditional to have a duty to procure and provide services. This is a Chinese medicine, which is about to be regulated by the political debate, as much as anything else, but it is Health Professions Council? May we have a specific difficult to have that political debate within the assurance that its practitioners can be part of this confines of the amendments, although they are central patient system? Traditional Chinese medicine and to that debate. 435 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 436 (Re-committed) Bill (Re-committed) Bill Lyn Brown (West Ham) (Lab): One of my biggest of the Chartered Institute of Environmental Health. I worries about the Bill is that it will stop me intervening tabled the amendments to ensure that we do not just in the health service to encourage outcomes for my pay lip service to environmental and public health, and constituents who come to me for help and advice. Does that we truly get a Bill that is fit for purpose in respect of my hon. Friend agree that it will diminish my ability to the prevention agenda and the new arrangements under represent them, rather than enable me to do so? which we will be operating, which should give more status and priority to environmental health. Joan Walley: My hon. Friend is right. Constituents I want to speak in favour of the Government looking go to Members of Parliament as a last resort to try to either now or in the other place at the case for a chief ensure fairness in how the system deals with everything. environmental health officer for England. The reason I have just had a high-profile case in my constituency for that is the fact that, historically, there was a post of relating to the postcode lottery, which my hon. Friend chief environmental health officer, going back to the the Member for Pontypridd (Owen Smith) referred to. days before 1974 when local authorities last had lead responsibilities for public health services and when each Paul Burstow: The hon. Lady is making some important authority had a medical officer for health. points and is trying to respond to that raised by the hon. Member for West Ham (Lyn Brown). Interestingly, Today, England has a chief medical officer, but not a the hon. Member for Leicester West (Liz Kendall) chief environmental health officer. I heard what the earlier recounted all her concerns about the PCT and Minister said about that, but I urge him to have further how it has dealt with GP services in her area. The talks, if necessary, with the professionals to see how we anxiety seemed to be that the PCTs were not accountable, could ensure that a chief environmental health officer but the hon. Member for Stoke-on-Trent North (Joan for England was appointed. Earlier we talked about Walley) now seems to be saying that they are. Wales, where there is a chief environmental health officer post. In all the arrangements in Wales and in Joan Walley: We have just had an awfully long debate Northern Ireland, there is a recognition of the role about precisely that issue. Many of us would say that played by environmental health in promoting health the PCTs were not operating accountably, but Members and well-being, and of the importance, therefore, of of Parliament could have influence and bring pressure ensuring there is an environmental health input to to bear. The last resort is through the Secretary of State, policy making at the highest level and at the strategic and it is important that that should be retained in the level. I believe that is what England currently lacks. If Bill. the Bill is to give a higher profile to public health services, and the lead in public health is to be provided Owen Smith: Does my hon. Friend agree that the by local authorities, which is where the environmental critical points are that there is an unknown into which health work force is located, it is necessary to make we are stepping with the Bill and that the presumption corresponding arrangements such as my new clause is that the culture will be different? There will be a could facilitate, if the Government gave it serious presumption of autonomy, being hands off, less consideration. accountability and more localised decision making. It is 4.45 pm therefore perfectly reasonable to presume that we will have less input. It is envisaged that if we had a chief environmental health officer, he or she could focus on a preventive Joan Walley: That is right and it comes back to the approach to achieving good health outcomes, and in fact that, somehow or other, under the new regime, particular the wider determinants of good health and whatever it ends up being, there will not be the fairness well-being. I see that post holder reviewing relevant or the universal provision. In certain areas—perhaps data, advising the Department of Health, Public Health those such as mine, which have much greater deprivation England, NICE and the chief medical officer on preventive and much greater health inequalities than others—things strategies and the wider determinants of health, as well will be more difficult. as overseeing the development of good practice within local authorities and their partner organisations. In Andrew Percy: I do not recognise the picture that the response to points made earlier, let me add that an hon. Lady is painting. The real issue with the provision annual report to Parliament by the Secretary of State and availability of services is more to do with the on the work of the chief environmental health officer funding model that is in place. When my local PCT was could ensure the accountability of that official. unable to provide dental services and when the bed Amendments 1242 and 1243 would place a duty on numbers at Goole hospital were reduced a couple of public health authorities to work in co-operation with years ago, local people had no ability to influence those their public health partners. Without that duty, the decisions, no matter how much they appealed to the co-ordination that was mentioned earlier will not be Secretary of State, because it comes down to money. achieved. There will be no mechanism for all the different strands of policy and health care provision to come Joan Walley: Of course it comes down to money, but together. As all Members know, not all local authorities it also comes down to fairness in how the money is in England are to be public health authorities. For allocated. That must relate to an overall sense of direction example, in areas of England with two-tier local to deal with health inequalities. government, the powers and duties apply to county I want to discuss very specifically three amendments councils but not to district councils. For example, in my that I have tabled, but I did not want to go into the constituency Staffordshire county council, rather than detail without associating myself with some of the Newcastle borough council, will have the responsibility concerns that exist across the country which have not but not the environmental health officers to perform yet been resolved. I speak as an honorary vice-president the role. 437 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 438 (Re-committed) Bill (Re-committed) Bill A duty to co-operate could make a significant difference. never had a duty to provide in the 1946 Act. That is The public health work force directly controlled by fundamentally wrong. Perhaps I will discuss this with local authorities will be carrying out the work. I urge the Minister after the debate and show him the documents the Secretary of State to consider that. There is a that I have been given and some of the comments that precedent in respect of children’s safeguarding and in have been made. As some of my colleagues who were respect of the emergency services. Although I object to there at the time and heard the advice will know— many aspects of the Bill and will not support it, if it [Interruption.] I hasten to add that they were not goes through it should at least contain the safeguard for there in 1946—I know that I have aged in my time in public health that a duty to co-operate would provide. Parliament, but I cannot recollect that time. My colleagues know that we have been briefed that there was never any Andrew George: It is a great pleasure to follow the duty to provide in the 1946 Act, but there is evidence—I hon. Member for Stoke-on-Trent North (Joan Walley), do not need to give the quote a third time—that there who addressed the issue of political accountability in a was clearly a requirement in the 1946 Act to provide considered way. I shall return to that and relate it to a and secure effective provision. That requirement has number of amendments in my name and those of some always been there in successive health Acts in this of my hon. Friends. I shall refer to a number of amendments country. I want to relate that to a point the hon. that the Minister of State, my hon. Friend the Member Member for Pontypridd (Owen Smith) made in a more for Sutton and Cheam (Paul Burstow) covered in his tribal manner. opening remarks and dealt with in a fair and balanced manner, although not entirely to my satisfaction in Paul Burstow: May I just make it clear that I do not every case. I shall also raise further questions. think that I or any other Minister at any point, either at the Dispatch Box or in other discussions, ever suggested I have enormous respect for all that my hon. Friend that the 1946 Act or any subsequent Act did not have has done. His contribution to the debate on social care the duty to provide? What we have said is that the duty is second to none. That expertise is especially beneficial to provide has progressively, particularly over the past to the Government at present and some important 20 to 30 years, become a duty that is not exercised. It advances have been made, for which we are all grateful. has been delegated and is increasingly exercised instead I acknowledge that he approaches all aspects of his by separate bodies, such as NHS trusts and foundation work with the best of intentions, and I do not question trusts, using their own independent power to provide those. The amendments that I have tabled indicate that I services. believe we may need to reconsider some of these issues. I should also mention at this stage that I may seek to Andrew George: Yes, and my new clause 16 proposes push one or two of them to a vote. to address that issue through an opportunity for the On Second Reading, I made a speech that was critical Secretary of State to intervene as necessary. of the Bill and refused to support the Government by The Secretary of State in his intervention on the hon. abstaining at that stage, and of course the Bill has gone Member for Pontypridd made it clear that in any case through a number of significant changes since then and Secretaries of State tend not to micro-manage by intervening concessions have been made. I have been criticised by or by providing on every whip and flip, and there is no some for making that speech and refusing to support suggestion of that, but as a backstop we require the the Government, but I feel vindicated as a result of the guarantee that, if all else fails and the whole system pause and the listening exercise. I might be criticised does not provide what we believe needs to be put in and accused of disloyalty, but that is how Back Benchers place to provide for a comprehensive health service, the exercise our role of holding the Government to account. Secretary of State will be there. There would be no It is reasonable for us to use our powers to bring harm in putting that word back in the Bill in one form forward amendments and, in so doing, probe the or another. I do not understand the obstinacy, and in Government and ask them to be accountable for the my view there is no legal impediment to the Government policies that they are bringing forward. I hope that in doing so. the weeks and months ahead, I will be vindicated for having done so, but I do not necessarily expect that Stephen Lloyd (Eastbourne) (LD): Does my hon. acknowledgment to be provided now. Friend agree that, because this is such a totemic issue, I was relatively content with the original coalition the key reason behind the proposed change in the agreement. I am no great defender of primary care wording is totally to reassure the public that, come what trusts, but I think that using the existing institutional may, and even if delegated powers mean that the Secretary infrastructure, grafting in accountability to the patients of State has not been involved for a number of years, and communities that the commissioning bodies will the buck will stop with the Secretary of State? serve and ensuring clinician involvement in those commissioning decisions, would strike entirely the right Andrew George: I am grateful to my hon. Friend. He balance. That would provide a way of going forward has referred to the issue as being totemic, and although without scuppering, dismantling or exploding the whole I do not want to detain the House for too long because system in the way the Bill is doing. many others have referred to it, he is absolutely right. There was no mention in the coalition agreement of Now that it has been raised in such a manner, unless changing the duties of the Secretary of State, and I have there are good legal reasons not to insert it in the Bill, it read a number of legal opinions on that issue. I also should be. believe, as I have indicated in several interventions so On the comments of the hon. Member for Pontypridd, far, that some of us have been misled on that point. I make a further point. We are talking about major Some of the legal advice that I have been given by changes, and the issue is not only totemic but contextual, colleagues suggests that the Secretary of State in fact because, in the context of a major—in fact, the most 439 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 440 (Re-committed) Bill (Re-committed) Bill major—reorganisation of the health service, the reassurance goes through that route. We cannot provide a duty of that backstop being in place would be all the more without providing the power, so the two things are important. clearly linked. I do not questions the intentions of the Secretary of Amendment 1197 would delete clause 4; it involves State, for whom I have tremendous respect, but, having the “hands off” issue that has been raised before. Clause 4 opposed the creation of the health service in the first would otherwise prevent the Secretary of State from place, the Conservatives have a problem, because the directing clinical commissioning groups and the NHS context is one of a major change, and whether we like it commissioning board. Amendment 1198 would delete or not the assumption is that, if the Secretary of State is the same duty in respect of the NHS commissioning a Conservative, the hurdle will have to be set higher to board, but would not interfere with clinical commissioning reassure the nation that there is no untoward intention group autonomy. behind the legislation. Rather than just asserting the opposite, will the Minister publish the legal advice that appears to contradict the Simon Hughes: My hon. Friend knows that I share advice that has been obtained? That states that the his views, and the hon. Member for Stoke-on-Trent “hands off” clause is a real barrier to the Secretary of North (Joan Walley) made the point that this is both a State’s intervention—as, after all, it is designed to be. political and a legal debate. First, there is certainly a Members could read the two bits of advice and see political argument for keeping the definition the same which was more convincing. Better still, will the Minister as it has been throughout the history of the NHS, which amend the Bill to put the matter beyond doubt? was created in concert by a Liberal and implemented by Labour. Secondly, there is a legal justification for doing Paul Burstow: I draw my hon. Friend’s attention to so, because there are specific powers to provide, and the Department of Health’s website. Yesterday we published therefore there is a generic logic in stating that, as part a detailed response to both 38 Degrees opinions. It of the initial definition, there is provision for and security obviously draws on the legal advice given to Ministers of health services. I am therefore sure that my hon. and provides a full exposition of why we believe the Friend will be on a winning wicket in the end. points that I set out in my opening remarks.

Andrew George: I hope so, but sporting my cricketing Andrew George: I am grateful to my hon. Friend for injury I hope that that analogy does not apply. that. During his remarks, he said that he believed that there was a risk that the Secretary of State might be Nick Smith (Blaenau Gwent) (Lab): I congratulate drawn into micro-managing; that was one of his primary the hon. Gentleman on this point and think that he arguments. All I can say is that if there were a risk of should absolutely stick to his guns. In my constituency, the Secretary of State micro-managing, the Secretary of the birthplace of the national health service, 40 people State could decide to do or not to do it. Simply removing have written to me about the issue in just the past few the power comes back to my point about at least days, so it is important that he sticks to his guns and we making sure that the Secretary of State has the ability get the message over to the Secretary of State this to direct where appropriate. If the Secretary of State evening. had that duty to provide, it would follow that he must have the powers to intervene as I have described. Andrew George: I am grateful to the hon. Gentleman, Paul Burstow: My hon. Friend is making some important but I should also say that the Minister acknowledged in points, which give me the chance to underscore the his opening remarks that there was an issue that needed important points that I have made. The Bill retains for further work and clarification. I entirely welcomed that the Secretary of State the capacity to intervene and statement and will be happy to be involved in any exercise the functions of all the bodies established by it, discussions that might advance the point. However, in and—in extremis, as a last resort—to make sure that spite of the discussions and debates so far, the issue services are provided. It is clear that that capacity has remains unresolved. It might be resolved in another remained, not least in regard to the Secretary of State’s place, but until then it is important to make the totemic ability to establish special health authorities. point that the matter is of such significant concern that it is worth our while pressing the matter further. My hon. Friend is asking for back-stops, and back-stops have to be real and have effect. That is why we put them into the Bill as we have, so that the Secretary of State 5pm does have, in extremis—in the circumstances that concern I shall canter through my many amendments as briefly my hon. Friend and others—the ability to take the steps as possible. We are under a time constraint, and I will necessary to secure and ensure that services are provided try to move through them as quickly as I can. I hope to ensure a comprehensive health service. that hon. Members will bear with me if I do not take further interventions. Madam Deputy Speaker (Dawn Primarolo): Order. May I gently remind the Minister of two things? First, New clauses 16 and 17 would remove the independence he has to address whole House. Secondly, it is not a of the commissioning groups from the NHS board by private conversation between him and his hon. Friend, restoring the Secretary of State’s power to delegate and his interventions are supposed to be brief. A lot of functions to NHS commissioners and direct them where people are waiting to speak. appropriate. That allows the restoration of the Secretary of State’s duty to provide or secure provision of the Andrew George: On that basis, Madam Deputy Speaker, health service as per the 1946 Act, which used those I will end that part of the conversation and move on, very words. That would restore fully accountable spending acknowledging that my hon. Friend has made a point in respect of the £80 billion of taxpayers’ money that that is worth considering. 441 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 442 (Re-committed) Bill (Re-committed) Bill [Andrew George] private entities will be able to sit on clinical commissioning committees and sub-committees and make commissioning Amendment 1224 would restore the duty to provide decisions. or secure provision of health services. Although that is Amendments 1184 to 1188 and 1195 would demote seen as the headline proposal, it is consequential on new choice to being a subsidiary duty of commissioners to clauses 16 and 17, hence my intention to draw attention tackling fair access and tackling inequality of outcomes. to the likelihood of my seeking to divide the House on They relate to page 17 of the Bill. The priority of choice those issues. over inequity and inequality was introduced by the Amendments 1222 and 1223 seek to establish why the Government after the pause and the NHS Future Forum Bill has never provided for the Secretary of State to report as a way of promoting competition in ways other provide or secure a comprehensive health service than through the role of Monitor. The amendments rather than promote a comprehensive health service. would reverse that priority for the NHS commissioning This is an either/or situation, but I draw attention to the board. possibility that instead of pressing new clause 16, I may, Amendment 1211 provides that clinical commissioning in discussion with others, seek to divide the House on groups should be more coterminous with local authorities amendment 1222. than is the case under the Bill. The Minister said that Amendment 1183 would beef up a duty of the Secretary there is no intention that clinical commissioning group of State—a theme that runs through a number of boundaries will cross local authority boundaries. However, amendments. The purpose of amendments 1183 and we all know that district councils do not cross local 1194 is to address the conflict between having regard to authority boundaries. In Cornwall, for example, we are reducing inequalities and placing above that duty the likely to move from one PCT to three clinical commissioning other duties that apply—for example, on choice. groups, which will make the streamlining of the pathways Amendment 1183 seeks to ensure that it is the duty of between health and social care a lot more difficult. The the Secretary of State, in reducing inequalities, to purpose of amendment 1211 is to enforce that point. “act with a view to” I am aware of time and I hope that the House will rather than merely “have regard to”. Otherwise, the appreciate that I will not explain every aspect of the responsibility, and the duty, on the Secretary of State is many other amendments I have tabled. I am aware that rather weak. That applies to amendment 1194 in the there are significant issues that other people wish to same manner. raise. I simply emphasise that what the Minister said about health and wellbeing boards being able to refer New clause 18 would impose a new duty on the CQC, matters to the Secretary of State is once again something the NHS Commissioning Board and clinical commissioning that we have always argued for. Local authorities should groups not to undermine existing NHS services in an of course be given a far greater say in commissioning unplanned way through the operation of competition. decisions and in setting the strategy for health services Rather than extending my description of this issue, it in their area. As a back-stop, it is important that might be worth referring to the debate that we had matters can be referred to the Secretary of State. My yesterday about the regulations surrounding the functions hon. Friend the Member for Cheltenham (Martin and duties of Monitor, as the same question arises. We Horwood) has tabled some important amendments in have to look at the impact that competition is likely to respect of public health, some of which I have supported, have on the provision of essential services such as major and I hope that the Minister will consider them. I trauma and accident and emergency, where its existence apologise for the amount of time I have taken, but I may destabilise emergency services through the loss of, hope that the Minister will address the important issues for example, important underpinning elective services advanced by the amendments. provided by the hospital. New clause 20 would ban the wholesale outsourcing Caroline Lucas (Brighton, Pavilion) (Green): I apologise of commissioning work with regard to clinical for not being present for the first half hour of this commissioning groups. That was demanded in a Liberal debate. I was in the Environmental Audit Committee, Democrat conference motion but has still not been where I had specifically asked for certain witnesses to be delivered. The commissioning process is a public function, invited, and I have not yet worked out how to be in two not a private function. The amendment therefore seeks places at once, although it is on my list. to change schedule 2 in different ways to prevent private entities on clinical commissioning group committees I will make a few general points about this part of the and sub-committees from commissioning and making Bill before turning to a couple of the amendments that other decisions. This also applies to amendments 1224, are in my name. I echo the many concerns that have 1245, 1244 and 1249. been expressed around the Chamber this afternoon. Many of us argue that there is no legal duty on the The Minister said that the work of the Neurological Government to provide health services. The new hands-off Alliance is important to preserve. I hope he will recognise clause limits the Government’s ability to intervene should that new clause 20 talks only about commissioning health care provision be deemed inadequate, because it work being says that clinical commissioning groups, the new agents “predominantly retained as a function by staff directly employed of health provision that can include private companies, by the clinical commissioning group.” must be free to exercise powers and duties without There is nothing in the Bill that prevents the bulk of the “unnecessary burdens”. I am equally concerned that commissioning work—not the decision, but the work—of the powers and duties of a commissioning group, including a clinical commissioning group from being done by a its ability to award contracts and charge for commercial private company and thus, potentially, in secret. I hope activities, could be exercised by a private health care he will accept that under the current wording of schedule 2, company. The Bill opens the way for private companies 443 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 444 (Re-committed) Bill (Re-committed) Bill to determine much of English health care and takes tests and so forth or we do not. [Interruption.] Someone away the Government’s duties and powers, which is why is speaking from a sedentary position, no doubt I believe it should be opposed. asking how we will pay for it. I will be very clear that there is massive potential in cracking down on tax 5.15 pm evasion and avoidance, higher tax for the rich, higher I should like to say a few words about a couple of corporate tax and so forth. We are essentially talking amendments in my name, starting with amendment 48. about political priorities. The priority that I represent—a It offers Members the chance to return the NHS to its great many more people are coming to this view—is core ideals by making all health services in the UK, that we should be willing to pay for the public services including dental care, eye care and prescriptions, free at that we want. the point of delivery based on each individual’s needs Hon. Members may oppose amendment 48 on the and not their ability to pay. basis that charging for prescription or for dental and I am sure some Members will say that the argument eye care is an important way of raising revenue. In was lost some 60 years ago, but I argue that, unfortunately, England, eligible patients pay a prescription charge of the facts show that returning the NHS to being a fully £7.20 an item. In Scotland the charge is £3 and Wales free service is as important as ever. In 2008, an Ipsos and Northern Ireland have abolished prescription charging MORI poll for Citizens Advice revealed that about altogether. England raised just £470 million through the 800,000 people in England had failed to collect a charges in 2009-10, which was just 0.5% of the NHS prescription because of the cost involved. An Asthma resource budget. UK survey found that 34% of people who had to pay Crucially, we should remember that income from for their asthma medication sometimes chose not to charging in the NHS is not pure profit. There is a real take some of their treatment because of the expense. cost to administering the plethora of exemptions and Research published by Rethink in 2008 showed that reduced charging rates for which different groups are 38% of people with severe mental illnesses such as eligible. For example, there are 11 different groups that schizophrenia had to choose between paying household are eligible for free dental care, 15 that are eligible for bills and paying prescription charges. free sight tests and 12 that are eligible for free prescriptions. Despite 85% of us admitting that we have problems I hope that hon. Members will see the benefit of doing with our vision, 37% are put off having a sight test away with that convoluted and complex system, which because of worries about money. That shocking statistic provides little benefit in terms of income, and which shows the extent to which fear of cost is as much of a goes directly against the NHS principles by significantly barrier as actual cost, as more than 30 million people in reducing people’s access to all forms to health care the UK are entitled to free eye care paid for by the NHS simply because of their inability to pay. and many more are entitled to free eye care paid for by Much has been said by hon. Members on both sides their employer. The result of that confusion is that more of the House about the founding principles of the NHS, than 20 million people are putting their sight at risk by and it will continue to be said. However, I put it to hon. failing to have regular sight tests. Members that amendment 48, more than any other, Andrew Percy: The hon. Lady is making an interesting seeks to point out that much important NHS care and argument, and I would just ask her two things. First, treatment is charged for, and that we need to go back to how is she suggesting that we should pay for the idea? NHS services as they were envisaged by its architect, Secondly, is she seriously suggesting that we should who has been referred to many times this afternoon. return to millionaires being provided with dental treatment Hon. Members might recall that he resigned as Health and eye care free of charge? Secretary as early as 1951, in protest at his Chancellor’s efforts to impose charges for prescriptions, dental treatment Caroline Lucas: It seems to me that if Wales and and eye care. Northern Ireland have been able to abolish prescription Amendment 1181 raises serious concerns about the charging altogether, it is certainly possible to do it. I way in which CCGs will be able to charge for services. would also argue that although everyone collectively Although the power to charge, under proposed new having a stake in our public services may well mean that section 14Z3 to the National Health Service Act 2006, millionaires get a free eye test, under the type of regime is intended to be of benefit to the health service, it is that I would like to see they would be paying an awful very disturbing. Its scope is unclear—I wrote to the lot more tax than they are under the Conservative Minister last week to ask for clarification—but the fact party’s regime. is that important limitations on how the Secretary of State can exercise that power would apparently not Fiona O’Donnell: I am aware that the hon. Lady sits apply to CCGs. The measure could run a coach and close to Scottish National party Members, who may not horses through the principle of a free health service, have given an accurate picture of what has happened in and Parliament needs to be clear on its impact in Scotland. We have free prescriptions, but we also have practice. 1,200 fewer nurses. People such as me are getting our prescriptions free, but that puts strain on other parts of It is extremely worrying that CCGs will be able to the service. decide that certain specialist services—for example, for pregnant women or women who are breast feeding Caroline Lucas: I thank the hon. Lady, but I do not young children, or aftercare—are not appropriate as agree that the two points that she makes are causally part of the health service. That would mean that the linked. Of course I do not want to see the abolition of statutory guarantee that the NHS will be free will not nurses, but that does not mean that we should have to apply, because CCGs can decide that certain services pay for our prescription charges. Either we want an and facilities should not be provided as part of the NHS free at the point of delivery and with free eye NHS. If that happened, CCGs could use the charging 445 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 446 (Re-committed) Bill (Re-committed) Bill [Caroline Lucas] funds for the NHS, and then not to require them to account for it in any way, and not to ensure that the power to decide to charge for supplying, for example, funds find their way back to the public rather than the goods to pregnant women, or for instructing people private purse. This part of my amendment seeks to how to use their rehabilitation equipment. ensure that that is done. Amendment 1181 would ensure that that could not Amendment 1234 refers to the fact that once they happen. Ministers might say, “CCGs are commissioners managed to get into the CCGs, multinational health and not providers”. If so, why is a measure that allows companies such as UnitedHealth would be allowed to CCGs to charge necessary in the first place? The amendment do the actual commissioning, thus creating a very unhealthy would make it absolutely clear that there is no way in form of what is effectively in-house outsourcing. I which a CCG could charge for anything that is related understand that they will be able to charge for the to the basic core health service, such as hospitals, doctors, supply of goods if the Government do not accept the nurses or ambulances, whether they are acting under amendment. Parliament cannot trust companies whose section 3 or proposed new section 3A of the 2006 Act. primary duty is to their shareholders to be in charge of The amendment would also impose on CCGs the same so much taxpayers’ money, nor should such companies limitation that is already imposed on the Secretary of be given the right that the Secretary of State currently State. Why was that omitted from the Bill? holds to charge for the supply of goods or for land It is right that raising funds under that power should deals. We should make clear that CCGs cannot agree not interfere with a CCG’s functions. However, the Bill among themselves that their functions will be carried says that raising funds should not interfere significantly, out by one of their private company members. but what on earth does “significantly” mean in that Commissioning is a public function that should be context? How is it to be determined or measured? If exercised in the public interest, and private companies companies such as UnitedHealth got hold of that power such as UnitedHealth should not be entitled to charge and reckoned they could make money out of it, they for any it. will be on to it in a flash. The very least that they should be required to do is demonstrate that dealing in land Nick de Bois (Enfield North) (Con): I refer Members and supplying goods and the like will not take them to my entry in the Register of Members’ Financial away from fulfilling their commissioning role. I would Interests. I wish to speak to amendments 1172 and prefer it if those giant profit-driven companies were 1173, in my name, which require the Secretary of State nowhere near the health service, but while they are, we to collect haematopoietic stem cells. The issue is, of need far greater safeguards than currently exist. course, that of the collection of umbilical cord blood Unfortunately, the previous Government gave overseas and cord bank policy, which was first raised in the last companies the legal route into the NHS, and this Parliament. Government are seeking to smooth that route yet further. I pay particular tribute to the work of the all-party Hon. Members may recall that at Prime Minister’s parliamentary group on stem cell transplantation for its questions on 18 May, the Prime Minister claimed that work under the leadership of the hon. Member for Alyn he had not heard of Mark Britnell, one of his health and Deeside (Mark Tami), and to the enormous advisers, who was also a key adviser under Tony Blair, contribution and determination of my hon. Friend the until he googled him the previous Sunday. The Prime Member for Enfield, Southgate (Mr Burrowes). My Minister’s interest was stoked by a report of a speech previous lack of knowledge of the subject was probably that Britnell, global head of health care at KPMG, gave no different from that of many other people, but after to a group of private health companies in New York giving my hon. Friend and neighbour a lift home on last October. Dr Philip Hammond pointed out in Private several occasions I became a speedy convert. Quite Eye that according to a brochure summarising the simply, the collection of cord blood can be life-saving. I conference, Britnell said: pay tribute to the work of the Anthony Nolan trust in “GPs will have to aggregate purchasing power and there will be that regard. a big opportunity for those companies that can facilitate this In 1974 the Secretary of State was not obliged to process…In future, the NHS will be a state insurance provider, facilitate stem cell transplantation from unrelated donors. not a state deliverer…The NHS will be shown no mercy and the Because the Governments of the day took that position, best time to take advantage of this will be in the next couple of advances made took longer to achieve, which undoubtedly years.” cost lives. The situation is different now: both the That is a shocking thing to say, and no wonder the Government and the Opposition support expansion of Prime Minister was keen to distance himself from it, at the practice, and in particular of the more modern use least in public. of umbilical cord blood for such purposes. However, it My last point is about the final proposal in would be fitting for the Minister now to make it clear in amendment 1181, which would mean that: the Bill that this issue is important, to lock in the “Income raised by a clinical commissioning group as a result bipartisan support while it is strong, and to send a of the exercise of powers under this section shall be specified in its message to future Governments and civil servants that annual accounts, referred to in its annual report under section 14Z13, for as long as the Bill remains on the statute book, the and paid annually to the Secretary of State.” issue is not to be lightly disregarded or de-prioritised at Without the amendment, it is completely unclear what a future date. CCGs will do with the money that they raise and how, if The amendments involve no financial or political at all, it will affect their budget allocations. I think it cost, but they are not merely symbolic. They could be would be madness for Parliament to give CCGs the described as an insurance policy against the risk of right to charge for supplying goods, dealing in land and thoughtlessness or distraction on the part of future providing instruction for the purposes of raising more Governments—a risk that would ultimately cost lives. 447 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 448 (Re-committed) Bill (Re-committed) Bill Mr Burrowes: It will not surprise the House to learn proceeding with stem cell transplants was brought before that I strongly support what my hon. Friend has said the all-party group on stem cell transplantation. It is about the importance that should be attached to the important that we pursue commissioning excellence. life-saving cause of collecting cord blood and transplantation. As he has said, the Government are Nick de Bois: I understand that the UK Stem Cell wholly committed to investing in and improving collections Strategic Forum recommended to the Government that and to transplantation, but is it not important for us to there should be a regional centre of excellence, and I consider whether that should form part of the duty of hope Ministers will let us know by letter if that policy is the Secretary of State? Is it not a priority, given that one indeed being pursued, as I think it might deal with the in five members of black and ethnic minorities cannot issue that my hon. Friend raises. obtain a match for the purposes of the transplantations Cord blood is a natural, safe, ethical and sustainable that are sorely needed for life-saving operations? resource, and it offers many advantages over using traditional bone marrow transplants. We in this country Nick de Bois: My hon. Friend raises a key point. If should be proud that the NHS was one of the first we were to make prospective parents aware of the bodies to recognise the potential importance of cord possibility of donation, we could address the major blood and significant breakthroughs were made in Britain. deficit in the BME community. In 1996 an NHS cord bank was established, which is now working alongside the Anthony Nolan trust. At a 5.30 pm time when the health service is mindful of the need to I will not take up too much of the House’s time, but I inform patients fully about their health care, the issue of hope Members will bear with me as I reiterate some of the collection of a mother-baby’s cord blood does not the important points that drove me to table these amendments. seem to get the same degree of attention. The principles Patients in the UK requiring a bone marrow donor have of full information and consent do not seem to apply to a one in four chance of survival. Only 50% of those cord blood, which is, in general, treated as a waste looking for a donor will find one, and of those who do product, unbeknown to parents, apart from in exceptional so only 50% will survive. Many of those who find a bone circumstances. By agreeing to my amendments, we can marrow donor do so too late for the treatment to be change that situation and the Government can demonstrate successful, which contributes to the failure rate. Greater that they are giving a lead in the dissemination of provision of cord blood could help patients get treatment information to expectant parents. faster and improve the chances of survival. Last year academic research said that in order to have Greater provision of cord blood would give many a truly effective operation we should strive to obtain who currently have no bone marrow donor a potentially 50,000 units of cord blood. I congratulate the Government, life-saving option. The baby’s blood that is left behind who have already committed £4 million to reach the in the umbilical cord contains many different types of first benchmark of 20,000 cord blood units. I commend cells, and some of them are stem cells, which have been the work of the Anthony Nolan trust and the NHS, shown to have a number of medical applications. Over which have also been sharing in building up to this the past 20 years, collected cord blood has been used for target. Of course this is only the start, and I know that transplantation in the same way as bone marrow, so we the Government have already expressed their commitment can square the circle and see the advantages of drawing to helping to develop this very important work. attention to the benefits of collecting cord blood and We have an opportunity for more lives to be saved, requiring the Secretary of State to ensure that this is for valuable scientific research to be undertaken and for done consistently and banked accordingly. the UK to become a centre of excellence in cord blood. Researchers believe that cord blood has the potential We can avoid the current situation whereby every day to treat many more diseases once adult stem cells are two people die waiting for a stem cell transplant, and properly understood. Trials have shown that cord blood 65,000 litres of cord blood are discarded every year. I may be helpful in treating brain injuries in children. It welcome the Minister’s words of support and I appreciate has also been developed for other possible treatments, the sentiments behind the Government’s thinking. I including for testicular cancer, multiple sclerosis and urge them to continue to get behind this valuable cause. diabetes, and for regenerating damaged heart cells. The potential is exciting, therefore. It is particularly valuable Rushanara Ali (Bethnal Green and Bow) (Lab): I in the treatment of leukaemia. It can be used as an speak in support of amendment 1169, which seeks to alternative to bone marrow transplantations. strengthen the Secretary of State’s duty to reduce health Collection of umbilical cord blood is a far less invasive inequalities. As presented in clause 3, the Secretary of procedure than extracting bone marrow, and the units State’s duty is insufficient to tackle the health inequalities can be collected, frozen and stored for years, which in our society. The clause lacks strength, invites the leads to fewer complications and makes transplants Secretary of State to disregard its meaning and changes more readily available than for bone marrow. More little in the way in which health inequalities will be importantly, it is easier to find matching stem cells from tackled in the future. By supporting amendment 1169 cord blood than from bone marrow. If we can develop a we can ensure that the Secretary of State can be regularly proper infrastructure for the collection and storage of and properly held to account for his duty to tackle cord blood, that will do much to alleviate the severe health inequalities across England. shortage of life-saving stem cells. Tackling health inequalities is vital because this is, in many cases, a matter of life and death. The World Mr Burrowes: Is it not also important to ensure, Health Organisation’s Commission on Social Determinants through the Bill or other means, that commissioners are of Health has said: able to make the right decisions? Evidence of some “Social justice…affects the way people live, their consequent commissioners questioning the economic value of chance of illness, and their risk of premature death. We watch in 449 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 450 (Re-committed) Bill (Re-committed) Bill [Rushanara Ali] The change will have a very damaging effect on my constituents, and if the formula is applied across the wonder as life expectancy and good health continue to increase in country it will increase inequality. I ask the Secretary of parts of the world and in alarm as they fail to improve in others.” State again to show leadership and take responsibility— In our own country, Bevan’s dream for the NHS was for a service in which: Mr Lansley rose— “No longer will wealth be an advantage nor poverty a disadvantage.” Rushanara Ali: The Secretary of State has spoken for Yet, despite the great strides that have been made there long enough—[Interruption.] He has spoken, but there is much more to do, and the link between poverty and has not been much content—[Interruption.] poor health remains. Madam Deputy Speaker (Dawn Primarolo): Order. Dr Wollaston: Will the hon. Lady give way? The hon. Lady is entitled to make her speech and to be heard in this Chamber. As all Members know, this Rushanara Ali: As there is not much time left, I would debate ends at 6 o’clock and there are still quite a few like to proceed in order to allow other colleagues to Members who have been present all the time who wish speak. to speak. That link can be seen as clearly in London as anywhere Rushanara Ali: Thank you, Madam Deputy Speaker. else. According to the London health inequalities strategy, “for men, life expectancy at ward level ranges from 71 years in Amendment 1169 would be of great benefit in tackling Tottenham Green ward in Haringey to 88 years in Queen’s Gate health inequalities. It would make a real difference to ward in Kensington and Chelsea—a span of seventeen years”. people’s lives. Requiring the Secretary of State to lay an Despite the progress made nationally, in the borough of annual report before Parliament on progress towards Tower Hamlets, in which my constituency sits, the rate ending health inequalities is therefore key in ensuring of heart disease or stroke before the age of 75 is more that proper accountability continues to exist. What is he than twice that of a more affluent area such as Surrey, afraid of? He could see the impact and put in place and early cancer rates are nearly 50% higher. mechanisms to continue to improve, learning from the evidence and making progress. Considering how we can We know that with the right resources and leadership reduce inequalities in constituencies such as mine is a it is possible to reduce health inequalities. In the past constructive way forward. I call on the Secretary of 10 years, the rates of early death from cancer and from State to think again and accept this sensible amendment. heart disease and stroke have fallen in my constituency, but they remain worse than those in other parts of the In conclusion, as the Marmot review stated, the country. That is why it is vital that for the Secretary of “link between social conditions and health is not a footnote to the State to continue the focus on tackling health inequalities, ‘real’ concerns with health…it should become the main focus.” for us to look at the cross-cutting issues affecting health Tackling health inequalities should be a central aim of and for there to be co-ordination across government, health care policy for any Government, and the amendment led by the Health Secretary. would be crucial for achieving that. I hope that Members Tackling health inequalities was central and integral on both sides will back it and that the Secretary of State to Labour’s policy making in government. I urge this will take note. Government to think again, to recognise the vital importance of continuing that commitment and to Margot James (Stourbridge) (Con): I want to support make sure that there is genuine accountability for reducing the leadership that the Bill ascribes to public health and health inequalities. the role of the patient and empowered individual in taking responsibility for their health care as far as is I was saddened to see last month that the Government possible. I congratulate the Government on setting public plan to reduce the funding allocated to tackling health health free, as I see it, and taking it out of its ivory inequalities by altering the weighting given to inequalities tower. It has been in the preserve of the primary care in the weighted capitation formula from 15% to 10%. trusts and although in some PCTs it is given life, in That will lead to a reduction in funding of £20 million others it gathers dust and is vulnerable to financial raids over the next three years in Tower Hamlets— from time to time as budget pressures build and people seek to take money from an area where the public do Ben Gummer (Ipswich) (Con): Will the hon. Lady not necessarily see the results for a fairly long time and give way? to give it in preference to things that cause short-term pain. Regardless of which party has been in government, Rushanara Ali: I will not give way, because there is that has always been the case with public health. not much time left. If we consider where public health can make a difference The borough is one of the poorest in the country, in preventing ill health, we can see that the future of the with high levels of health inequalities, and the change NHS depends on a much better preventive strategy. will have a direct and damaging effect on the health of Perhaps the best thing that the previous Government my constituents and many others around the country. did in health care policy was the smoking ban, which will probably save more lives in the long run than Mr Lansley rose— anything else. We could consider some of the other areas that are ripe for similar treatment. I do not mean Rushanara Ali: I will not give way, because the Secretary that we should ban alcohol, but we could consider of State has had long enough to speak. He has had far public health policy and what it could do to reduce too long to speak, and I have two minutes left. the incidence of sexually transmitted diseases, HIV, 451 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 452 (Re-committed) Bill (Re-committed) Bill alcohol abuse and mental health problems. Many of Secondly, the Minister will know that we carry out the issues to do with drugs are about education and nuclear decommissioning in Plymouth. Is he confident prevention, too. that public health can be fully protected in the way that I am pleased to see links being built into other aspects it has been in the past? I note clause 54 on radiation, but of the Bill. Our proposals for public health in relation will the Minister look at how H1N1 was dealt with? The to mental health have been strongly welcomed by the first confirmed case of swine flu was in Paignton and Samaritans, because there is so much to do with mental the response was carried out by PCT public health staff health that takes place in the community. The involvement in Plymouth and Torbay. They worked together rapidly of local authorities and the leadership role given to to administer antiviral drugs to nearly 500 pupils and them in the Bill should enable aspects of local government they provided reassurance and support to extremely policy such as housing, children’s social services and anxious children and parents. That response was set up adult and social care to be brought to bear in dealing within 45 minutes of the initial phone call, despite the with these problems. fact that it had not been done before, and it was done without any practical help from the Health Protection 5.45 pm Agency, which was swamped with other work. The PCT public health staff just got on with it and they did a Sarah Newton (Truro and Falmouth) (Con): Will my fantastic job—no other child was infected. Indeed, they hon. Friend give way? compiled a guide on how to do it all, which was passed on and was commended by the Prime Minister. There is Margot James: I would love to but I am aware that a view that such a response will not be possible in a few others are waiting and I am trying to curtail my comments. years’ time, so complaints from the public—this takes [HON.MEMBERS: “Hear, hear!] I will take that as a us back to new clause 1—will inevitably follow. Clearly, prompt to get a move on. if we get health protection wrong, we can kill people. I want to address a point that was made earlier about In order to avoid complaints on new clause 1, will the where the director of public health should sit in a local Minister say what power the director of public health, authority. I think it is important that the public health sitting within the local authority, will have to galvanise director should report to the chief executive because the staff across organisations? Will they be the appropriate public health function will cover so much that is part of authority, or will responsibility sit elsewhere? Will they children’s services, adult and social care and housing have to go through another senior officer? Who is that it is hard to see how they will fit in unless they ultimately responsible if they get it badly wrong—the report at the top level. local authority, the director of public health or the Secretary In conclusion, I believe that the elevation of public of State? Or is it another instance when the Government health will enable public health to be placed at the are saying, “Not me, guv” and passing the buck to the centre of commissioning and that the link between the local council and the political leadership of that council? wellbeing boards and the primary care commissioning If there was a viral outbreak in various parts of the groups will enable public health to be instrumental country, widely spread, would the individual local within commissioning. That is where we will see the authorities be held responsible for dealing with it, coming long-term benefits outrunning the short-term imperatives. up with solutions and coping with the outcomes, or is this a case in which the Secretary of State actually has a Alison Seabeck: I shall cut to the chase because other clear duty to take the lead? Members want to speak and many colleagues have spoken powerfully about the benefits of the NHS. I Martin Horwood: I am extremely grateful to you for have two very specific questions regarding concerns calling me, Madam Deputy Speaker, as you have a that people in the south-west have raised with me. These tough job this afternoon. I have to declare an interest. I issues relate to part 1 of the Bill, the role of the director rarely speak in the House on NHS organisation, particularly of public health, and the making of complaints, as public health, because my wife is employed as a director covered by new clause 1. I want to link these issues to of public health. Obviously, the Bill and the public the duty of the Secretary of State to ensure that the health section of clause 27 will affect her significantly, basis on which actions are taken—indeed, the information and by extension those of us in her family, but I make it that is used—is in the hands of and is accessible to clear to the House that although my knowledge of her people in the new set-ups who need that information role and profession has informed amendments 1255 to and can use it. 1260, which stand in my name, she had no knowledge of The concerns that have been raised with me relate to them or their contents before I tabled them. However, I the movement of national health service public health am grateful to the Faculty of Public Health and others staff into local authority control and the fact that the who have given me advice. Office for National Statistics currently has a duty to Public health is pretty poorly understood, not least in release certain data only to directors of public health, this Chamber at times. There is a constant tendency to who are part of the NHS. I gather that the ONS has had confuse it with the traditional, established local authority concerns about this and I am interested to know whether function of environmental health, and although I have it has waived the requirement for directors of public great respect for the hon. Member for Stoke-on-Trent health to sign a confidentiality and proper use statement North (Joan Walley) in many respects, I think the risk every year, or whether it has agreed to the passing of of her new clause 23 is that it extends that confusion this role into local authorities. I cannot find that in the between environmental health and public health. There Bill, although I must admit that I am coming to this a are many key functions to public health, not just the little late—my apologies to colleagues about that—and vital five-a-day style health promotion and health I would be very grateful if the Minister could tell me improvement work, but a critical role in health protection, whether that issue has been resolved. including the management of outbreaks of communicable 453 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 454 (Re-committed) Bill (Re-committed) Bill [Martin Horwood] health could be combined with or report to other directorates in the principal local authority—for instance, diseases—serious diseases such as meningitis and the director of housing. influenza—and a key role in influencing, at the moment, I wrote to the Deputy Prime Minister on the issues, NHS commissioning at local level, using population-wide and he replied: data and medical analysis. That, at the moment, happens “given the importance of these new local authority public health very simply and straightforwardly within the primary functions, the leadership position of the DPH in the local community care trust. Under the Bill at the moment, there is no role and the critical health protection functions to be carried out by for the director of public health within the new clinical the DPH on behalf of the local authority, we would expect the commissioning groups, and they have to exercise that DPH to be of chief officer status”. kind of influence at several removes. That point was I do not think that an expectation is strong enough. I well made by the hon. Member for Plymouth, Moor have great regard for many directors of housing, but if View (Alison Seabeck). my child had meningitis, I would not want the director It was suggested to me at one stage by some civil of housing to be on the other end of the phone line at a servants working on the Bill that in order to make up critical moment. for the gap left by the director of public health in the As it is still possible for the Government to address new clinical commissioning groups—then called these issues through the consultation exercise on public consortia—they might actually want to employ someone health that is being planned, I will not press my amendments with public health expertise to make up for the to a vote today, but I was rather disappointed with the reorganisation. That does not seem to me a very good Minister’s response to them. Should any noble Friends use of public money. be listening from the Gallery, I hope they might take up Some of the things that Ministers have announced the theme of public health in another place. Public are to be welcomed. I will have to skip over them briefly, health is poorly understood and has not grabbed the but principal among them is the very good decision to headlines in the way that the 38 Degrees campaign has, make Public Health England a separate Executive agency but over recent years it has been quietly becoming a and not part of the Department of Health. That was a more and more successful, professional and increasingly key request of the faculty, and I think it is very important medically qualified discipline in the NHS. It saves lives, that it retain that status and objectivity. and we should protect it.

I pay tribute to the Minister of State, my hon. Friend Paul Burstow: We have had a full and wide-ranging the Member for Sutton and Cheam (Paul Burstow), for debate on the many issues covered by this group of taking a great deal of time and care over the concerns amendments. I want to try to pick up a few of the key that I had in this whole area, but questions remain to be questions that have been asked. The Bill will increase addressed and my six amendments are an attempt to the Secretary of State’s accountability for a comprehensive address three main areas. health service. The first area is, as the hon. Member for Plymouth, Moor View pointed out, that under this scheme directors Mr William Cash (Stone) (Con): Will the Minister of public health will be removed from the NHS, as will give way? their staff. One of my amendments suggests, therefore, that they should continue to be employed by Public Paul Burstow: No, not at all. Health England and retain that integration within a wider public health profession. At the moment directors The Bill will provide all the powers and duties necessary: of public health sit within primary care trusts and it is the duty to keep the health service’s functions under reasonably straightforward, but within the spaghetti-like review, a duty to report annually on the health service’s structures created by the Bill, public health responsibilities performance and a duty to consult on the board’s and leadership are now to be split among Public Health mandate and to lay it before Parliament and to lay England, the Secretary of State, the local authorities, regulations about how commissioners carry out their the national commissioning board, the health and wellbeing functions. All those things are new. They are more than boards and clinical commissioning groups. The threat is backstops; they are guarantees of a comprehensive not just confusion and the unclear fragmentation of health service being secured and the Secretary of State public health functions, but the fragmentation of the maintaining his accountability to the House and Members profession itself and of the career paths, whereby people of Parliament for that purpose. might move from one bit to another and have to leave I have already made it clear to those who are concerned and rejoin the NHS, and so on. That is one of the issues about clause 4 and the possibility, which we do not addressed. accept, that it will lead to a hands-off approach that we The second issue is that people should be suitably are willing to listen to and consider the concerns that qualified. The responsibility for their professional have been raised and make any necessary amendment qualification and professional development should lie to put it beyond doubt that the Secretary of State in the hands of Public Health England, not local remains responsible and accountable for a comprehensive authority managers, who might have no medical or health service, which we all want to see. professional public health training. It is an important There has been talk about a postcode lottery. Indeed, function, so they should be senior officers. Several the Bill sets out, through the work of the NHS members of the Health Committee, including its Chair, commissioning board, to ensure that the postcode lottery made the important point that they should report directly that we inherited from the last Government is something to the chief executive. It has been suggested in some that we can make a thing of the past, as a consequence parts of the country that the post of director of public of the changes that the Bill will introduce. 455 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 456 (Re-committed) Bill (Re-committed) Bill The hon. Member for Stoke-on-Trent North (Joan (3) A direction under section 262(2)(d) may require the Information Walley) made some important points about environmental Centre to disseminate information which the Centre is prohibited health officers and the contribution they make locally from publishing only by virtue of the direction. and nationally. Although we see the chief medical officer (4) A direction under section 257 may require, and a request having a key role in providing such advice, I would be under section 258 may request, the Information Centre to exercise— happy for us to carry on discussions about how we can (a) the power conferred by subsection (1) in relation to further strengthen that role nationally. information which it collects pursuant to the direction or request, or As the consultations on the issues raised today by my (b) any other power it has to disseminate such information hon. Friend the Member for Cheltenham (Martin under or by virtue of any other provision of this or Horwood) carry on, I am certainly happy to discuss any other Act. with him how we can address those concerns. I can (5) A direction under section 257 may require, and a request assure him that, because the Secretary of State will be under section 258 may request, the Information Centre not to directly involved in the appointment process for directors exercise the power conferred by subsection (1) in relation to of public health through Public Health England’s role, information which it collects pursuant to the direction or request. they will be able to assure themselves that they are (6) Nothing in this section prevents the Information Centre adequately qualified. from disseminating information (otherwise than by publishing it) pursuant to the exercise of any function conferred by or under Mr Cash: Will the Minister give way? any other provision of this or any other Act. (7) A requirement imposed on, or a request made to, the Paul Burstow: No. Information Centre in accordance with this section to disseminate The Bill has been changed because the Government information may include a requirement or request about the persons to whom the information is to be disseminated and the have been listening carefully. We have acted on the NHS form, manner and timing of dissemination.’.—(Paul Burstow.) Future Forum’s recommendations. Brought up, and added to the Bill. Our goals are clear in this Bill: they are to place patients at its heart, ensure that the service is clinically New Clause 8 led and ensure that it is focused on driving up quality and outcomes. SUBSEQUENT PROPERTY TRANSFER SCHEMES Question put and agreed to. ‘(1) This section applies in relation to any property, rights or liabilities which are transferred under a property transfer scheme New clause 1 accordingly read a Second time, and under section 299(2) from a Primary Care Trust, a Strategic added to the Bill. Health Authority or the Secretary of State to a Special Health Authority or a qualifying company. 6pm (2) The Secretary of State may make a scheme for the transfer Proceedings interrupted (Programme Order,6 September). of any such property, rights or liabilities from the Special Health Authority or the qualifying company to any body or other Madam Deputy Speaker put forthwith the Questions person mentioned in the second column of Schedule 23. necessary for the disposal of the business to be concluded (3) Subsections (1) to (4) and (6) of section 300 apply in at that time (Standing Order No. 83E). relation to a scheme under subsection (2) as they apply in relation to a property transfer scheme under section 299(2).’.—(Paul Burstow.) New Clause 7 Brought up, and added to the Bill.

OTHER DISSEMINATION OF INFORMATION New Clause 9

‘(1) The Information Centre may disseminate (other than by COMMENCEMENT: CONSULTATION WITH SCOTTISH way of publication), to any such persons and in such form and MINISTERS manner and at such times, as it considers appropriate any information— ‘(1) The Secretary of State must consult the Scottish Ministers before making an order under section 304(4) relating to— (a) which it collects pursuant to a direction under section257 or a request under section258, and (a) section 54 (radiation protection functions), so far as relating to the Scottish Ministers, (b) which falls within subsection (2). (b) section 56 (co-operation in relation to public health (2) Information falls within this subsection if— functions), so far as relating to the exercise of (a) the information is required to be published under functions in relation to Scotland by a person to section 262; which the provision inserted by subsection (1) of that (b) the information is in a form which identifies any section applies, relevant person to whom the information relates or (c) section 226(4) (requirement for persons advised etc. by enables the identity of such a relevant person to be the Professional Standards Authority for Health and ascertained and the Centre, after taking into account Social Care to pay fee), so far as relating to the the public interest as well as the interests of the Scottish Ministers, relevant person, considers that it is appropriate for (d) section 227(1) (funding of the Professional Standards the information to be disseminated; Authority for Health and Social Care), so far as (c) the Centre is prohibited from publishing the information relating to a body that regulates a profession in Scotland only by virtue of it falling within section 262(2)(c) which does not fall within Section G2 of Part 2 of and the Centre considers it would be in the public Schedule 5 to the Scotland Act 1998 (health professions), interest for the information to be disseminated; (e) section 227(4) and (5) (power of the Professional Standards (d) the Centre is prohibited from publishing the information Authority for Health and Social Care to borrow), so only by virtue of a direction given under section far as relating to functions of the Professional Standards 262(2)(d) and that direction provides that the power Authority for Health and Social Care which are in subsection (1) applies to the information. exercisable in relation to— 457 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 458 (Re-committed) Bill (Re-committed) Bill (i) unregulated health professionals in Scotland, unregulated Clause 1 health care workers in Scotland or relevant students in Scotland, SECRETARY OF STATE’S DUTY TO PROMOTE (ii) a body that maintains a register of persons within COMPREHENSIVE HEALTH SERVICE sub-paragraph (i), Amendment proposed: 1176, page 2, line 7, leave out (iii) a profession in Scotland which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland subsection (2) and insert— Act 1998, or ‘(2) The Secretary of State must for that purpose provide or (iv) a body that regulates a profession within sub-paragraph secure the provision of services in accordance with this Act.’.—(Owen (iii), Smith.) (f) section 228(1) (power of the Professional Standards Question put, That the amendment be made. Authority for Health and Social Care to advise regulatory The House divided: Ayes 255, Noes 304. bodies etc.), so far as relating to a body that regulates a profession in Scotland which does not fall within Division No. 340] [6.1 pm Section G of Part 2 of Schedule 5 to the Scotland Act 1998 (architects, health professions and auditors), AYES (g) section 229(8) (requirement for the Professional Standards Abbott, Ms Diane Cunningham, Mr Jim Authority for Health and Social Care to lay copy Abrahams, Debbie Cunningham, Tony strategic reports before Parliament etc.), so far as Ainsworth, rh Mr Bob Curran, Margaret relating to the Scottish Parliament, Alexander, rh Mr Douglas Dakin, Nic (h) section 230 (appointments to regulatory bodies), so far Alexander, Heidi Danczuk, Simon as relating to— Ali, Rushanara Darling, rh Mr Alistair (i) the exercise of the appointment functions under Allen, Mr Graham De Piero, Gloria subsection (8)(f) of the provision inserted by that Ashworth, Jonathan Denham, rh Mr John section, or Austin, Ian Dobbin, Jim (ii) subsection (4) of that provision, Bailey, Mr Adrian Dobson, rh Frank Bain, Mr William Docherty, Thomas (i) section 231 (establishment of voluntary registers), so far as relating to the establishment and maintenance Balls, rh Ed Dodds, rh Mr Nigel of relevant registers, Banks, Gordon Donaldson, rh Mr Jeffrey M. Barron, rh Mr Kevin Donohoe, Mr Brian H. (j) section 232 (accreditation of voluntary registers), so far Bayley, Hugh Doran, Mr Frank as relating to the functions of the Professional Standards Beckett, rh Margaret Dowd, Jim Authority for Health and Social Care in relation to Begg, Dame Anne Doyle, Gemma relevant registers, Bell, Sir Stuart Dromey, Jack (k) Part 2 or 3 of Schedule16 (amendments relating to the Benn, rh Hilary Dugher, Michael Health and Care Professions Council or the Professional Benton, Mr Joe Durkan, Mark Standards Authority for Health and Social Care) and Berger, Luciana Eagle, Ms Angela section 233(1) so far as relating to the Part in question, Betts, Mr Clive Eagle, Maria and Blackman-Woods, Roberta Edwards, Jonathan (l) paragraphs 1 to 4 of Schedule22 (amendments of the Blears, rh Hazel Efford, Clive National Health Service (Scotland) Act 1978 relating Blenkinsop, Tom Elliott, Julie to the relationships between the health services) and Blunkett, rh Mr David Ellman, Mrs Louise section296 so far as relating to those paragraphs. Brennan, Kevin Engel, Natascha (2) In this section— Brooke, Annette Esterson, Bill “relevant registers” means— Brown, rh Mr Gordon Evans, Chris (a) registers of unregulated health professionals in Brown, Lyn Farron, Tim Scotland, Brown, rh Mr Nicholas Field, rh Mr Frank Brown, Mr Russell Flello, Robert (b) registers of unregulated health care workers in Bryant, Chris Flint, rh Caroline Scotland, or Buck, Ms Karen Flynn, Paul (c) registers of relevant students in Scotland, Burden, Richard Fovargue, Yvonne “relevant students in Scotland”means persons participating Burnham, rh Andy Francis, Dr Hywel in studies in Scotland for the purpose of becoming— Byrne, rh Mr Liam Gapes, Mike (d) an unregulated health professional, Campbell, Mr Alan Gardiner, Barry (e) an unregulated health care worker, or Campbell, Mr Ronnie George, Andrew Caton, Martin Gilmore, Sheila (f) a member of a profession which does not fall within Section G2 of Part 2 of Schedule 5 to Chapman, Mrs Jenny Glass, Pat the Scotland Act 1998, Clark, Katy Glindon, Mrs Mary Clwyd, rh Ann Goggins, rh Paul “unregulated health professional” means a person who is or has been practising as an unregulated health Coaker, Vernon Goodman, Helen professional (within the meaning of the provisions Coffey, Ann Greatrex, Tom inserted by section 231) and “unregulated health Connarty, Michael Green, Kate professional in Scotland” means a person who is Cooper, Rosie Greenwood, Lilian or has been practising as such in Scotland, and Cooper, rh Yvette Griffith, Nia “unregulated health care worker” means a person who Corbyn, Jeremy Gwynne, Andrew is or has been engaged in work as an unregulated Crausby, Mr David Hain, rh Mr Peter health care worker (within the meaning of those Creagh, Mary Hamilton, Mr David provisions) and “unregulated health care worker Creasy, Stella Hamilton, Fabian in Scotland” means a person who is or has been Cruddas, Jon Hanson, rh Mr David engaged in such work in Scotland.’.—(Paul Burstow.) Cryer, John Harman, rh Ms Harriet Brought up, and added to the Bill. Cunningham, Alex Harris, Mr Tom 459 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 460 (Re-committed) Bill (Re-committed) Bill Havard, Mr Dai Mudie, Mr George Wright, David Angela Smith and Healey, rh John Munn, Meg Wright, Mr Iain Mr David Anderson Hendrick, Mark Murphy, rh Mr Jim Tellers for the Ayes: Hepburn, Mr Stephen Murphy, rh Paul Hermon, Lady Murray, Ian Heyes, David Nandy, Lisa NOES Hillier, Meg Nash, Pamela Adams, Nigel Dorrell, rh Mr Stephen Hilling, Julie O’Donnell, Fiona Afriyie, Adam Doyle-Price, Jackie Hodge, rh Margaret Onwurah, Chi Alexander, rh Danny Drax, Richard Hodgson, Mrs Sharon Osborne, Sandra Amess, Mr David Duddridge, James Hopkins, Kelvin Owen, Albert Arbuthnot, rh Mr James Duncan, rh Mr Alan Horwood, Martin Pearce, Teresa Bacon, Mr Richard Duncan Smith, rh Mr Iain Hunt, Tristram Perkins, Toby Baker, Norman Dunne, Mr Philip Huppert, Dr Julian Phillipson, Bridget Baker, Steve Ellis, Michael Irranca-Davies, Huw Pound, Stephen Baldry, Tony Ellison, Jane Jackson, Glenda Pugh, John Baldwin, Harriett Ellwood, Mr Tobias James, Mrs Siân C. Qureshi, Yasmin Barclay, Stephen Eustice, George Jamieson, Cathy Raynsford, rh Mr Nick Barwell, Gavin Evans, Graham Johnson, rh Alan Reed, Mr Jamie Beith, rh Sir Alan Evans, Jonathan Johnson, Diana Reeves, Rachel Bellingham, Mr Henry Evennett, Mr David Jones, Graham Reynolds, Emma Beresford, Sir Paul Fabricant, Michael Jones, Helen Reynolds, Jonathan Berry, Jake Fallon, Michael Jones, Mr Kevan Riordan, Mrs Linda Binley, Mr Brian Field, Mr Mark Jones, Susan Elan Robertson, John Birtwistle, Gordon Foster, rh Mr Don Joyce, Eric Robinson, Mr Geoffrey Blackman, Bob Fox,rhDrLiam Kaufman, rh Sir Gerald Rogerson, Dan Blackwood, Nicola Francois, rh Mr Mark Keeley, Barbara Rotheram, Steve Blunt, Mr Crispin Freeman, George Kendall, Liz Roy, Mr Frank Boles, Nick Freer, Mike Khan, rh Sadiq Roy, Lindsay Bone, Mr Peter Fullbrook, Lorraine Lammy, rh Mr David Ruane, Chris Bottomley, Sir Peter Fuller, Richard Lavery, Ian Ruddock, rh Joan Bradley, Karen Garnier, Mr Edward Lazarowicz, Mark Sanders, Mr Adrian Brady, Mr Graham Garnier, Mark Leslie, Chris Sarwar, Anas Brake, rh Tom Gauke, Mr David Lewis, Mr Ivan Seabeck, Alison Bray, Angie Gibb, Mr Nick Lloyd, Stephen Shannon, Jim Brazier, Mr Julian Gillan, rh Mrs Cheryl Lloyd, Tony Sharma, Mr Virendra Bridgen, Andrew Glen, John Llwyd, rh Mr Elfyn Sheerman, Mr Barry Brine, Mr Steve Goldsmith, Zac Long, Naomi Sheridan, Jim Brokenshire, James Goodwill, Mr Robert Love, Mr Andrew Shuker, Gavin Bruce, Fiona Gove, rh Michael Lucas, Caroline Simpson, David Bruce, rh Malcolm Graham, Richard Lucas, Ian Slaughter, Mr Andy Buckland, Mr Robert Grant, Mrs Helen Mactaggart, Fiona Smith, rh Mr Andrew Burley, Mr Aidan Gray, Mr James Mahmood, Shabana Smith, Nick Burns, Conor Grayling, rh Chris Mann, John Smith, Owen Burns, rh Mr Simon Green, Damian Marsden, Mr Gordon Spellar, rh Mr John Burrowes, Mr David Greening, Justine McCabe, Steve Straw, rh Mr Jack Burstow, Paul Grieve, rh Mr Dominic McCann, Mr Michael Stringer, Graham Burt, Lorely Griffiths, Andrew McCarthy, Kerry Stuart, Ms Gisela Byles, Dan Gummer, Ben McClymont, Gregg Sutcliffe, Mr Gerry Cable, rh Vince Gyimah, Mr Sam McCrea, Dr William Tami, Mark Cairns, Alun Hague, rh Mr William McDonagh, Siobhain Thomas, Mr Gareth Campbell, rh Sir Menzies Halfon, Robert McDonnell, Dr Alasdair Thornberry, Emily Carmichael, rh Mr Alistair Hames, Duncan McDonnell, John Timms, rh Stephen Carmichael, Neil Hammond, Stephen McFadden, rh Mr Pat Trickett, Jon Carswell, Mr Douglas Hancock, Matthew McGovern, Alison Turner, Karl Cash, Mr William Hands, Greg McGovern, Jim Twigg, Derek Chishti, Rehman Harper, Mr Mark McGuire, rh Mrs Anne Twigg, Stephen Chope, Mr Christopher Harrington, Richard McKechin, Ann Umunna, Mr Chuka Clappison, Mr James Harris, Rebecca McKenzie, Mr Iain Vaz, Valerie Clark, rh Greg Hart, Simon McKinnell, Catherine Walley, Joan Clarke, rh Mr Kenneth Harvey, Nick Meacher, rh Mr Michael Ward, Mr David Clifton-Brown, Geoffrey Haselhurst, rh Sir Alan Meale, Sir Alan Watts, Mr Dave Coffey, Dr Thérèse Hayes, Mr John Mearns, Ian Whitehead, Dr Alan Collins, Damian Heald, Oliver Michael, rh Alun Wicks, rh Malcolm Colvile, Oliver Heath, Mr David Miliband, rh David Williams, Hywel Cox, Mr Geoffrey Heaton-Harris, Chris Miliband, rh Edward Williamson, Chris Crabb, Stephen Hemming, John Miller, Andrew Wilson, Phil Crouch, Tracey Henderson, Gordon Mitchell, Austin Wilson, Sammy Davey, Mr Edward Herbert, rh Nick Moon, Mrs Madeleine Winnick, Mr David Davies, Glyn Hinds, Damian Morrice, Graeme (Livingston) Winterton, rh Ms Rosie Davies, Philip Hoban, Mr Mark Morris, Grahame M. Wood, Mike de Bois, Nick Hollingbery, George (Easington) Woodcock, John Djanogly, Mr Jonathan Hollobone, Mr Philip 461 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 462 (Re-committed) Bill (Re-committed) Bill Hopkins, Kris Nokes, Caroline Turner, Mr Andrew Wiggin, Bill Howarth, Mr Gerald Norman, Jesse Tyrie, Mr Andrew Williams, Roger Howell, John Nuttall, Mr David Uppal, Paul Williams, Stephen Huhne, rh Chris O’Brien, Mr Stephen Vaizey, Mr Edward Williamson, Gavin Hunt, rh Mr Jeremy Offord, Mr Matthew Vickers, Martin Willott, Jenny Hurd, Mr Nick Ollerenshaw, Eric Villiers, rh Mrs Theresa Wilson, Mr Rob Jackson, Mr Stewart Opperman, Guy Walker, Mr Charles Wollaston, Dr Sarah James, Margot Osborne, rh Mr George Wallace, Mr Ben Wright, Jeremy Javid, Sajid Ottaway, Richard Walter, Mr Robert Wright, Simon Jenkin, Mr Bernard Paice, rh Mr James Watkinson, Angela Yeo, Mr Tim Johnson, Gareth Parish, Neil Webb, Steve Young, rh Sir George Johnson, Joseph Patel, Priti Wharton, James Zahawi, Nadhim Jones, Andrew Paterson, rh Mr Owen Wheeler, Heather Jones, Mr David Penning, Mike White, Chris Tellers for the Noes: Kawczynski, Daniel Penrose, John Whittaker, Craig Mr Shailesh Vara and Kelly, Chris Percy, Andrew Whittingdale, Mr John Mark Hunter Kirby, Simon Perry, Claire Knight, rh Mr Greg Pickles, rh Mr Eric Question accordingly negatived. Kwarteng, Kwasi Pincher, Christopher Laing, Mrs Eleanor Poulter, Dr Daniel Lamb, Norman Pritchard, Mark Clause 14 Lancaster, Mark Raab, Mr Dominic Lansley, rh Mr Andrew Randall, rh Mr John OTHER SERVICES ETC. PROVIDED AS PART OF THE HEALTH Latham, Pauline Reckless, Mark SERVICE Laws, rh Mr David Redwood, rh Mr John Amendment made: 49, page 9, line 12, leave out Leadsom, Andrea Rees-Mogg, Jacob subsection (7).—(Mr Lansley.) Lee, Jessica Rifkind, rh Sir Malcolm Lee, Dr Phillip Robathan, rh Mr Andrew Lefroy, Jeremy Robertson, Hugh Clause 15 Leigh, Mr Edward Robertson, Mr Laurence REGULATIONS AS TO THE EXERCISE BY LOCAL AUTHORITIES OF Leslie, Charlotte Rosindell, Andrew Letwin, rh Mr Oliver Rudd, Amber CERTAIN PUBLIC HEALTHFUNCTIONS Lewis, Brandon Ruffley, Mr David Amendments made: 50, page 11, line 24, at end insert— Lewis, Dr Julian Russell, Bob ‘( ) Where regulations under subsection (1) require a local Liddell-Grainger, Mr Ian Rutley, David authority to exercise any of the public health functions of the Lidington, rh Mr David Sandys, Laura Secretary of State, the regulations may also authorise or require Lilley, rh Mr Peter Scott, Mr Lee the local authority to exercise any prescribed functions of the Lopresti, Jack Selous, Andrew Secretary of State that are exercisable in connection with those Lord, Jonathan Shapps, rh Grant functions (including the powers conferred by section 12).’. Loughton, Tim Sharma, Alok Amendment 51, page 11, line 27, at end insert— Luff, Peter Shelbrooke, Alec Macleod, Mary Shepherd, Mr Richard ‘( ) Any rights acquired, or liabilities (including liabilities in Main, Mrs Anne Simmonds, Mark tort) incurred, in respect of the exercise by a local authority of Maude, rh Mr Francis Simpson, Mr Keith any of its functions under regulations under subsection (1) are enforceable by or against the local authority (and no other May, rh Mrs Theresa Skidmore, Chris person).’.—(Mr Lansley.) Maynard, Paul Smith, Miss Chloe McCartney, Jason Smith, Henry McCartney, Karl Smith, Julian Clause 16 McIntosh, Miss Anne Soames, rh Nicholas McLoughlin, rh Mr Patrick Soubry, Anna REGULATIONS RELATING TO EU OBLIGATIONS McPartland, Stephen Spelman, rh Mrs Caroline Amendments made: 52, page 12, line 6, at end insert— McVey, Esther Spencer, Mr Mark ‘( ) The making of regulations under subsection (1) does not Mensch, Louise Stanley, rh Sir John prevent the Secretary of State from exercising the specified EU Menzies, Mark Stephenson, Andrew health function.’. Mercer, Patrick Stevenson, John Metcalfe, Stephen Stewart, Bob Amendment 53, page 12, line 6, at end insert— Mills, Nigel Stewart, Iain ‘( ) Any rights acquired, or liabilities (including liabilities in Milton, Anne Stewart, Rory tort) incurred, in respect of the exercise by the Board or a clinical Moore, rh Michael Streeter, Mr Gary commissioning group of any of its functions under regulations Mordaunt, Penny Stride, Mel under subsection (1) are enforceable by or against the Board or Morgan, Nicky Stuart, Mr Graham (as the case may be) the group (and no other person).’.—(Mr Lansley.) Morris, Anne Marie Sturdy, Julian Morris, David Swales, Ian Clause 19 Morris, James Swayne, rh Mr Desmond Mosley, Stephen Swinson, Jo EXERCISE OF PUBLIC HEALTH FUNCTIONS OF THE SECRETARY Mowat, David Swire, rh Mr Hugo OF STATE Munt, Tessa Syms, Mr Robert Amendment made: 54, page 14, line 37, at end insert— Murray, Sheryll Tapsell, rh Sir Peter ‘( ) Any rights acquired, or liabilities (including liabilities in Murrison, Dr Andrew Teather, Sarah tort) incurred, in respect of the exercise by a body mentioned in Neill, Robert Timpson, Mr Edward subsection (2) of any function exercisable by it by virtue of this Newmark, Mr Brooks Tomlinson, Justin section are enforceable by or against that body (and no other Newton, Sarah Tredinnick, David person).’.—(Mr Lansley.) 463 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 464 (Re-committed) Bill (Re-committed) Bill Clause 20 (3) Any reference (however expressed) in the following provisions of other Acts to the functions of the Board includes a THE NHS COMMISSIONING BOARD: FURTHER PROVISION reference to the functions of the Secretary of State that are Amendments made: 55, page 16, leave out lines 28 exercisable by the Board by virtue of arrangements under and 29. section 7A— Amendment 56, page 17, leave out lines 27 and 28. (a) sections 116 to 116B of the Local Government and Public Involvement in Health Act 2007 (joint strategic Amendment 57, page 17, leave out lines 33 and 34. needs assessments etc.), Amendment 58, page 17, leave out lines 39 and 40. (b) section 200(6) of the Health and Social Care Act 2011 Amendment 59, page 18, leave out lines 14 and 15. (participation of the Board in work of Health and Wellbeing Boards), Amendment 60, page 18, leave out lines 42 to 44 and (c) section 202(4) of that Act (supply of information to insert— Health and Wellbeing Boards), “(3) The Board must encourage clinical commissioning groups (d) section 289(1) and (2) of that Act (duties to co-operate), to enter into arrangements with local authorities in pursuance of (e) section 290(2)(d) of that Act (breaches of duties to regulations under section 75 where it considers that this would co-operate). secure— (4) The Secretary of State may by order amend the list of (a) that health services are provided in an integrated way provisions specified in subsection (2) or (3).”’.—(Mr Lansley.) and that this would have any of the effects mentioned in subsection (1)(a) to (c), or Clause 21 (b) that the provision of health services is integrated with the provision of health-related services or social care FINANCIAL ARRANGEMENTS FOR THE BOARD services and that this would have any of the effects Amendments made: 67, page 24, line 38, after ‘change,’, mentioned in subsection (2)(a) to (c).’. insert— Amendment 61, page 19, leave out lines 1 and 2. ‘() a parliamentary general election takes place,’. Amendment 62, page 19, leave out lines 19 and 20. Amendment 68, page 26, line 13, after ‘change,’, Amendment 63, page 19, line 32, at end insert ‘in the insert— exercise of its functions’. ‘() a parliamentary general election takes place,’.— Amendment 64, page 20, leave out lines 3 and 4. (Mr Lansley.) Amendment 65, page 24, line 20, at end insert— Clause 22 ‘“health services” means services provided as part of COMMISSIONING CONSORTIA: ESTABLISHMENT ETC. the health service and, in sections 13N and 13P, Amendments made: 69, page 27, line 31, leave out ‘of also includes services that are to be provided as part of the health service’. services’. Amendment 70, page 32, line 3, leave out ‘and’ and Amendment 66, page 24, line 20, at end insert— insert— ‘(2) Any reference (however expressed) in the following ‘() the function of determining the allowances payable provisions of this Act to the functions of the Board includes a under a pension scheme established under paragraph reference to the functions of the Secretary of State that are 10(4) of Schedule 1A, and’. exercisable by the Board by virtue of arrangements under section 7A— Amendment 71, page 32, leave out lines 13 and 14.— (a) section 6E(7) and (10)(b), (Mr Lansley.) (b) section 13A(2), Clause 23 (c) section 13C(1), COMMISSIONING CONSORTIA: GENERAL DUTIES ETC. (d) section 13D, Amendments made: 72, page 34, leave out lines 14 (e) section 13E(1), and 15. (f) section 13F, Amendment 73, page 35, leave out lines 8 and 9. (g) section 13G(1), Amendment 74, page 35, leave out line 19. (h) section 13H(1), Amendment 75, page 35, leave out line 24. (i) section 13I(1), (j) section 13J, Amendment 76, page 35, leave out lines 39 and 40. (k) section 13K(1), Amendment 77, page 36, leave out lines 28 and 29. (l) section 13L, Amendment 78, page 36, line 41, after ‘consortium’, (m) section 13M(1) and (2), insert ‘in the exercise of its functions’. (n) section 13N(2), Amendment 79, page 37, leave out lines 21 and 22. (o) section 13P(1), Amendment 80, page 47, line 14, at end insert— (p) section 13S(1), ‘“health services” means services provided as part of (q) section 13T(1) and (4), the health service and, in section 14Z, also (r) section 13V(2), includes services that are to be provided as part of (s) section 13W(1), the health service.’. (t) section 13Z1(1), Amendment 81, page 47, line 14, at end insert— (u) section 13Z2(1), ‘(2) Any reference (however expressed) in the following (v) section 72(1), provisions of this Act to the functions of a clinical commissioning group includes a reference to the functions of the (w) section 75(1)(a) and (2), Secretary of State that are exercisable by the group by virtue of (x) section 82, arrangements under section 7A— (y) section 223C(2)(a), (a) section 6E(7) and (10)(b), (z) in Schedule A1, paragraph 13. (b) section 14C(2)(e), 465 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 466 (Re-committed) Bill (Re-committed) Bill (c) section 14O, The House divided: Ayes 240, Noes 318. (d) section 14P, Division No. 341] [6.17 pm (e) section 14S(1), (f) section 14T(1), AYES (g) section 14U(1), Abbott, Ms Diane Donohoe, Mr Brian H. (h) section 14V(1), Abrahams, Debbie Doran, Mr Frank (i) section 14W(1), Ainsworth, rh Mr Bob Dowd, Jim (j) section 14X, Alexander, rh Mr Douglas Doyle, Gemma (k) section 14Y(1) and (2), Alexander, Heidi Dromey, Jack Ali, Rushanara Dugher, Michael (l) section 14Z(1), Allen, Mr Graham Durkan, Mark (m) section 14Z2(1), Ashworth, Jonathan Eagle, Ms Angela (n) section 14Z3(2), Austin, Ian Eagle, Maria (o) section 14Z4(1), Bailey, Mr Adrian Edwards, Jonathan (p) section 14Z5(7), Bain, Mr William Efford, Clive (q) section 14Z9(1), Balls, rh Ed Elliott, Julie Banks, Gordon Ellman, Mrs Louise (r) section 14Z13(1), Barron, rh Mr Kevin Engel, Natascha (s) section 14Z14(2), Bayley, Hugh Esterson, Bill (t) sections 14Z15(1), 14Z17(1) and 14Z19(1) and (3), Beckett, rh Margaret Evans, Chris (u) section 14Z21(1), Begg, Dame Anne Field, rh Mr Frank (v) section 72(1), Bell, Sir Stuart Flello, Robert Benn, rh Hilary Flint, rh Caroline (w) section 75(1)(a) and (2), Benton, Mr Joe Fovargue, Yvonne (x) section 77(1)(b), Berger, Luciana Francis, Dr Hywel (y) section 82, Betts, Mr Clive Gapes, Mike (z) section 89(1A)(d), Blackman-Woods, Roberta Gardiner, Barry () section 94(3A)(d), Blears, rh Hazel Gilmore, Sheila Blenkinsop, Tom Glass, Pat () section 223C(2)(b), Blunkett, rh Mr David Glindon, Mrs Mary () section 223H(1), Brennan, Kevin Goggins, rh Paul () in Schedule 1A, paragraphs 3(1) and (3), 5, 11(6)(b) Brown, rh Mr Gordon Goodman, Helen and 13(3). Brown, Lyn Greatrex, Tom (3) Any reference (however expressed) in the following provisions Brown, rh Mr Nicholas Green, Kate of other Acts to the functions of a clinical commissioning group Brown, Mr Russell Greenwood, Lilian includes a reference to the functions of the Secretary of State that Bryant, Chris Griffith, Nia are exercisable by the group by virtue of arrangements under Buck, Ms Karen Gwynne, Andrew section 7A— Burden, Richard Hamilton, Mr David (a) sections 116 to 116B of the Local Government and Burnham, rh Andy Hamilton, Fabian Public Involvement in Health Act 2007 (joint strategic Byrne, rh Mr Liam Hanson, rh Mr David needs assessments etc.), Campbell, Mr Alan Harman, rh Ms Harriet (b) section 202(4) of the Health and Social Care Act 2011 Campbell, Mr Ronnie Harris, Mr Tom (supply of information to Health and Wellbeing Caton, Martin Havard, Mr Dai Boards), Chapman, Mrs Jenny Healey, rh John (c) section 290(2)(d) of that Act (breaches of duties to Clark, Katy Hendrick, Mark co-operate). Clwyd, rh Ann Hepburn, Mr Stephen Coaker, Vernon Hermon, Lady (d) in Schedule 6 to that Act, paragraph 5(4). Coffey, Ann Heyes, David (4) The Secretary of State may by order amend the list of Connarty, Michael Hillier, Meg provisions specified in subsection (2) or (3).”’.—(Mr Lansley.) Cooper, Rosie Hilling, Julie Cooper, rh Yvette Hodge, rh Margaret Corbyn, Jeremy Hodgson, Mrs Sharon Clause 24 Crausby, Mr David Hopkins, Kelvin FINANCIAL ARRANGEMENTS FOR CONSORTIA Creagh, Mary Hunt, Tristram Amendment made: 82, page 50, line 32, leave out Creasy, Stella Irranca-Davies, Huw ‘or 12’.—(Mr Lansley.) Cruddas, Jon Jackson, Glenda Cryer, John James, Mrs Siân C. Cunningham, Alex Jamieson, Cathy Clause 29 Cunningham, Mr Jim Johnson, Diana Cunningham, Tony Jones, Graham ABOLITION OF STRATEGIC HEALTH AUTHORITIES Curran, Margaret Jones, Helen Dakin, Nic Jones, Mr Kevan Amendment proposed: 7, page 54, line 30, at end Danczuk, Simon Jones, Susan Elan insert— Darling, rh Mr Alistair Joyce, Eric ‘(3) This section comes into force on a date to be specified by De Piero, Gloria Kaufman, rh Sir Gerald order by the Secretary of State. Denham, rh Mr John Keeley, Barbara (4) The time specified in subsection (3) must be after such time Dobbin, Jim Kendall, Liz as the Secretary of State is satisfied that the workforce education Dobson, rh Frank Khan, rh Sadiq and training functions of strategic health authorities are being Docherty, Thomas Lammy, rh Mr David fulfilled by another body.’.—(Owen Smith.) Dodds, rh Mr Nigel Lavery, Ian Question put, That the amendment be made. Donaldson, rh Mr Jeffrey M. Lazarowicz, Mark 467 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 468 (Re-committed) Bill (Re-committed) Bill Leslie, Chris Reynolds, Emma Brake, rh Tom Glen, John Lewis, Mr Ivan Reynolds, Jonathan Bray, Angie Goldsmith, Zac Lloyd, Tony Riordan, Mrs Linda Brazier, Mr Julian Goodwill, Mr Robert Llwyd, rh Mr Elfyn Robertson, John Bridgen, Andrew Gove, rh Michael Long, Naomi Robinson, Mr Geoffrey Brine, Mr Steve Graham, Richard Love, Mr Andrew Rotheram, Steve Brokenshire, James Grant, Mrs Helen Lucas, Caroline Roy, Mr Frank Brooke, Annette Gray, Mr James Lucas, Ian Roy, Lindsay Bruce, Fiona Grayling, rh Chris Mactaggart, Fiona Ruane, Chris Buckland, Mr Robert Green, Damian Mahmood, Shabana Ruddock, rh Joan Burley, Mr Aidan Greening, Justine Mann, John Sarwar, Anas Burns, Conor Grieve, rh Mr Dominic Marsden, Mr Gordon Seabeck, Alison Burns, rh Mr Simon Griffiths, Andrew McCabe, Steve Shannon, Jim Burrowes, Mr David Gummer, Ben McCann, Mr Michael Sharma, Mr Virendra Burstow, Paul Gyimah, Mr Sam McCarthy, Kerry Sheerman, Mr Barry Burt, Lorely Hague, rh Mr William McClymont, Gregg Sheridan, Jim Byles, Dan Halfon, Robert McDonagh, Siobhain Shuker, Gavin Cable, rh Vince Hames, Duncan McDonnell, Dr Alasdair Slaughter, Mr Andy Cairns, Alun Hammond, Stephen McDonnell, John Smith, rh Mr Andrew Campbell, rh Sir Menzies Hancock, Matthew McFadden, rh Mr Pat Smith, Nick Carmichael, rh Mr Alistair Hands, Greg McGovern, Alison Smith, Owen Carmichael, Neil Harper, Mr Mark McGovern, Jim Spellar, rh Mr John Carswell, Mr Douglas Harrington, Richard McGuire, rh Mrs Anne Straw, rh Mr Jack Cash, Mr William Harris, Rebecca McKechin, Ann Stringer, Graham Chishti, Rehman Hart, Simon McKenzie, Mr Iain Stuart, Ms Gisela Chope, Mr Christopher Harvey, Nick McKinnell, Catherine Sutcliffe, Mr Gerry Clappison, Mr James Haselhurst, rh Sir Alan Meacher, rh Mr Michael Tami, Mark Clark, rh Greg Hayes, Mr John Meale, Sir Alan Thomas, Mr Gareth Clarke, rh Mr Kenneth Heald, Oliver Clifton-Brown, Geoffrey Heath, Mr David Mearns, Ian Thornberry, Emily Michael, rh Alun Coffey, Dr Thérèse Heaton-Harris, Chris Timms, rh Stephen Miliband, rh David Collins, Damian Hemming, John Trickett, Jon Miller, Andrew Colvile, Oliver Henderson, Gordon Turner, Karl Mitchell, Austin Cox, Mr Geoffrey Herbert, rh Nick Twigg, Derek Moon, Mrs Madeleine Crabb, Stephen Hinds, Damian Morrice, Graeme (Livingston) Twigg, Stephen Crockart, Mike Hoban, Mr Mark Morris, Grahame M. Umunna, Mr Chuka Crouch, Tracey Hollingbery, George (Easington) Vaz, Valerie Davey, Mr Edward Hollobone, Mr Philip Mudie, Mr George Walley, Joan Davies, Glyn Hopkins, Kris Munn, Meg Watson, Mr Tom Davies, Philip Horwood, Martin Murphy, rh Mr Jim Watts, Mr Dave de Bois, Nick Howarth, Mr Gerald Murphy, rh Paul Whitehead, Dr Alan Djanogly, Mr Jonathan Howell, John Murray, Ian Wicks, rh Malcolm Dorrell, rh Mr Stephen Hughes, rh Simon Nandy, Lisa Williams, Hywel Doyle-Price, Jackie Huhne, rh Chris Nash, Pamela Williamson, Chris Drax, Richard Hunt, rh Mr Jeremy O’Donnell, Fiona Wilson, Phil Duddridge, James Huppert, Dr Julian Onwurah, Chi Wilson, Sammy Duncan, rh Mr Alan Hurd, Mr Nick Osborne, Sandra Winnick, Mr David Duncan Smith, rh Mr Iain Jackson, Mr Stewart Owen, Albert Winterton, rh Ms Rosie Dunne, Mr Philip James, Margot Pearce, Teresa Wood, Mike Ellis, Michael Javid, Sajid Ellison, Jane Jenkin, Mr Bernard Perkins, Toby Woodcock, John Phillipson, Bridget Ellwood, Mr Tobias Johnson, Gareth Wright, David Pound, Stephen Eustice, George Johnson, Joseph Wright, Mr Iain Qureshi, Yasmin Evans, Graham Jones, Andrew Raynsford, rh Mr Nick Tellers for the Ayes: Evans, Jonathan Jones, Mr David Reed, Mr Jamie Mr David Anderson and Evennett, Mr David Kawczynski, Daniel Reeves, Rachel Angela Smith Fabricant, Michael Kelly, Chris Fallon, Michael Kirby, Simon NOES Farron, Tim Knight, rh Mr Greg Field, Mr Mark Kwarteng, Kwasi Adams, Nigel Bellingham, Mr Henry Foster, rh Mr Don Laing, Mrs Eleanor Afriyie, Adam Beresford, Sir Paul Fox,rhDrLiam Lamb, Norman Alexander, rh Danny Berry, Jake Francois, rh Mr Mark Lancaster, Mark Amess, Mr David Binley, Mr Brian Freeman, George Lansley, rh Mr Andrew Arbuthnot, rh Mr James Birtwistle, Gordon Freer, Mike Latham, Pauline Bacon, Mr Richard Blackman, Bob Fullbrook, Lorraine Laws, rh Mr David Baker, Norman Blackwood, Nicola Fuller, Richard Leadsom, Andrea Baker, Steve Blunt, Mr Crispin Garnier, Mr Edward Lee, Jessica Baldry, Tony Boles, Nick Garnier, Mark Lee, Dr Phillip Baldwin, Harriett Bone, Mr Peter Gauke, Mr David Leech, Mr John Barclay, Stephen Bottomley, Sir Peter George, Andrew Lefroy, Jeremy Barwell, Gavin Bradley, Karen Gibb, Mr Nick Leigh, Mr Edward Beith, rh Sir Alan Brady, Mr Graham Gillan, rh Mrs Cheryl Leslie, Charlotte 469 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 470 (Re-committed) Bill (Re-committed) Bill Letwin, rh Mr Oliver Robertson, Mr Laurence Wright, Simon Tellers for the Noes: Lewis, Brandon Rogerson, Dan Yeo, Mr Tim Mark Hunter and Lewis, Dr Julian Rosindell, Andrew Young, rh Sir George Jeremy Wright Liddell-Grainger, Mr Ian Rudd, Amber Zahawi, Nadhim Lidington, rh Mr David Ruffley, Mr David Lilley, rh Mr Peter Russell, Bob Question accordingly negatived. Lloyd, Stephen Rutley, David Lopresti, Jack Sanders, Mr Adrian Lord, Jonathan Sandys, Laura Loughton, Tim Scott, Mr Lee Clause 42 Luff, Peter Selous, Andrew Macleod, Mary Shapps, rh Grant ROLE OF THE BOARD AND CONSORTIA IN RESPECT OF Main, Mrs Anne Sharma, Alok EMERGENCIES Maude, rh Mr Francis Shelbrooke, Alec Amendments made: 83, page 73, line 31, at end insert— May, rh Mrs Theresa Shepherd, Mr Richard Maynard, Paul Simmonds, Mark ‘(7A) Where the Board makes arrangements with another body or person under subsection (7) it may also arrange for that McCartney, Jason Simpson, Mr Keith other body or person to exercise any functions that the Board McCartney, Karl Skidmore, Chris has, by virtue of being a Category 1 responder, under Part 1 of McIntosh, Miss Anne Smith, Miss Chloe the Civil Contingencies Act 2004.’. McLoughlin, rh Mr Patrick Smith, Henry McPartland, Stephen Smith, Julian Amendment 84, page 74, line 8, leave out from ‘made’ McVey, Esther Soames, rh Nicholas to end of line 9 and insert Mensch, Louise Soubry, Anna ‘by the Board or a clinical commissioning group under or by Menzies, Mark Spelman, rh Mrs Caroline virtue of section 3, 3A, 3B, 4 or 7A or Schedule 1.’—(Mr Lansley.) Mercer, Patrick Spencer, Mr Mark Metcalfe, Stephen Stanley, rh Sir John Mills, Nigel Stephenson, Andrew Clause 43 Milton, Anne Stevenson, John Moore, rh Michael Stewart, Bob SECRETARY OF STATE’S EMERGENCY POWERS Mordaunt, Penny Stewart, Iain Amendments made: 85, page 74, line 20, after ‘person’, Morgan, Nicky Stewart, Rory insert ‘, other than an NHS body,’. Morris, Anne Marie Streeter, Mr Gary Morris, David Stride, Mel Amendment 86, page 74, line 21, leave out from Morris, James Stuart, Mr Graham ‘made’ to end of line 23 and insert ‘— Mosley, Stephen Stunell, Andrew (i) by the Secretary of State under section 12, Mowat, David Sturdy, Julian (ii) by the Board or a clinical commissioning group Munt, Tessa Swales, Ian under section 3, 3A, 3B or 4 or Schedule 1, Murray, Sheryll Swayne, rh Mr Desmond (iii) by a local authority for the purpose of the exercise Murrison, Dr Andrew Swinson, Jo of its functions under or by virtue of section 2B Neill, Robert Swire, rh Mr Hugo or 6C(1) or Schedule 1, or Newmark, Mr Brooks Syms, Mr Robert (iv) by the Board, a clinical commissioning group or a Newton, Sarah Tapsell, rh Sir Peter local authority by virtue of section 7A.’.— Nokes, Caroline Teather, Sarah (Mr Lansley.) Norman, Jesse Timpson, Mr Edward Nuttall, Mr David Tomlinson, Justin O’Brien, Mr Stephen Tredinnick, David Clause 184 Offord, Mr Matthew Turner, Mr Andrew Ollerenshaw, Eric Tyrie, Mr Andrew HEALTHWATCH ENGLAND Opperman, Guy Uppal, Paul Ottaway, Richard Vaizey, Mr Edward Amendments made: 221, page 169, line 28, leave out Paice, rh Mr James Vara, Mr Shailesh ‘or assistance’ and insert ‘, information or other assistance’. Parish, Neil Vickers, Martin Amendment 222, page 171, line 12, after ‘(1)(b)’ Patel, Priti Villiers, rh Mrs Theresa insert ‘or (3)’.—(Mr Lansley.) Paterson, rh Mr Owen Walker, Mr Charles Penning, Mike Wallace, Mr Ben Penrose, John Walter, Mr Robert Clause 185 Percy, Andrew Ward, Mr David Perry, Claire Watkinson, Angela Pickles, rh Mr Eric Weatherley, Mike ESTABLISHMENT AND CONSTITUTION Pincher, Christopher Webb, Steve Amendments made: 223, page 172, line 30, at end Poulter, Dr Daniel Wharton, James insert— Pritchard, Mark Wheeler, Heather ‘( ) In section 229 (sections 221 to 228: interpretation and Pugh, John White, Chris supplementary)— Raab, Mr Dominic Whittaker, Craig (a) in the title and in subsection (1), for “221” substitute Randall, rh Mr John Whittingdale, Mr John “220A”, and Reckless, Mark Wiggin, Bill (b) in subsection (2), after “228” insert “or Redwood, rh Mr John Williams, Roger Schedule 16A”.’. Rees-Mogg, Jacob Williams, Stephen Amendment 224, page 172, line 40, at end insert— Reid, Mr Alan Williamson, Gavin Rifkind, rh Sir Malcolm Willott, Jenny ‘( ) In Part 2 of Schedule 1 to the Freedom of Information Robathan, rh Mr Andrew Wilson, Mr Rob Act 2000 (local government), after paragraph 35C insert— Robertson, Hugh Wollaston, Dr Sarah “35D A Local Healthwatch organisation.”’.—(Mr Lansley.) 471 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 472 (Re-committed) Bill (Re-committed) Bill Clause 188 Amendment 240, page 181, leave out lines 27 to 31 and insert— INDEPENDENT ADVOCACY SERVICE ‘(3A) In subsection (2)(f) “member”— Amendments made: 225, page 175, line 4, at end insert (a) in relation to a clinical commissioning group, includes ‘in relation to its area’. a person who is not a member of the group but is a Amendment 226, page 175, line 22, after ‘services’ member of a committee or sub-committee of it; insert ‘in relation to its area’. (b) in relation to a relevant health service provider which is Amendment 227, page 176, line 4, at end insert— a body corporate, includes a person who is not a member of the body but is a director of it; ‘(9A) The Secretary of State may give directions to a local authority about the exercise of its functions under this section. (c) in relation to an NHS trust, means a director of the trust; (9B) A direction under subsection (9A) may be varied or revoked.’.—(Mr Lansley.) (d) in relation to an NHS foundation trust, means a director or governor of the trust. Clause 189 (3B) For the purposes of subsection (2)(f)— (a) a member of a body which is a member of a clinical REQUESTS, RIGHTS OF ENTRY AND REFERRALS commissioning group or relevant health service provider Amendments made: 228, page 176, line 42, after second is to be treated as a member of the group or (as the case may be) relevant health service provider, and ‘organisation’ insert ‘— (b) an employee of a body which is a member of a clinical (a) ’. commissioning group or relevant health service provider Amendment 229, page 176, line 44, after ‘221(2)’ is to be treated as an employee of the group or (as the insert ‘, or case may be) relevant health service provider.”’.— (Mr Lansley.) (b) for the purposes of subsection (1)(a) only, in the discharge of its duty under paragraph 6(5) of Schedule 16A.’. Clause 226 Amendment 230, page 176, line 45, leave out subsection (4) and insert— FUNCTIONS OF THE AUTHORITY ‘(4) In the title to that section, for “local involvement networks” Amendments made: 241, page 212, line 21, at end substitute “Local Healthwatch organisations”.’.—(Mr Lansley.) insert— ‘( ) In subsection (3) of that section, after “this section” insert Clause 193 “— “health care profession” means a profession (whether SCRUTINY FUNCTIONS OF LOCAL AUTHORITIES or not regulated by or by virtue of any enactment) Amendments made: 231, page 180, line 16, leave out which is concerned (wholly or partly) with the ‘NHS providers’ and insert ‘health service providers’. physical or mental health of individuals; and”.’. Amendment 232, page 180, line 18, leave out ‘NHS Amendment 242, page 212, line 24, at end insert— provider’ and insert ‘health service provider’. ‘( ) In section 27 of that Act (the Authority and regulatory Amendment 233, page 180, line 21, leave out ‘NHS bodies), in subsections (5) and (13), for “Secretary of State” provider’ and insert ‘health service provider’. substitute “Privy Council”. Amendment 234, page 180, line 22, leave out ‘NHS ( ) In subsection (7) of that section— provider’ and insert ‘health service provider’. (a) for “Secretary of State” substitute “Privy Council”, and Amendment 235, page 180, line 25, leave out ‘NHS providers’ and insert ‘health service providers’. (b) in paragraph (a), omit “he or”.’. Amendment 243, page 212, line 30, at end insert— Amendment 236, page 181, line 12, at end insert— ‘(7A) In section 38 of that Act (regulations and orders), in ‘( ) Any functions conferred on a local authority by regulations subsection (2), omit “27”. under this section are not to be the responsibility of an executive of the authority under executive arrangements (within the (7B) In subsection (3) of that section, for “the Secretary of meaning of Part 1A of the Local Government Act 2000).’. State” substitute “the Privy Council”. Amendment 237, page 181, line 18, after ‘body”’, (7C) After subsection (3D) of that section (inserted by insert ‘, in relation to an authority to which this section section 227(3)) insert— applies,’. “(3E) A statutory instrument containing regulations made by Amendment 238, page 181, line 21, leave out ‘NHS the Privy Council under section 27 is subject to annulment in provider”’ and insert ‘health service provider”, in relation pursuance of a resolution of either House of Parliament.”.’.— to an authority to which this section applies,’. (Mr Lansley.) Amendment 239, page 181, line 21, leave out from ‘which’ to ‘is’ in line 23 and insert ‘— Clause 227 (a) provides services in pursuance of arrangements FUNDING OF THE AUTHORITY made— Amendment made: 244, page 214, line 12, leave out (i) by the Board or a clinical commissioning group under section 3, 3A, 3B or 4 or Schedule 1, from ‘Parliament’ to end of line 17 and insert— (ii) by a local authority for the purpose of the exercise “(3B) Regulations made by the Privy Council under of its functions under or by virtue of section 2B section 25A that include provision which would, if included in an or 6C(1) or Schedule 1, or Act of the Scottish Parliament, fall within the legislative competence of that Parliament shall be subject to the negative (iii) by the Board, a clinical commissioning group or a procedure in that Parliament (in addition to the statutory local authority by virtue of section 7A, and instrument containing the regulations being subject to (b) ’. annulment under subsection (3A)). 473 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 474 (Re-committed) Bill (Re-committed) Bill (3C) Sections 28 and 31 of the Interpretation and Legislative Privy Council from time to time has by virtue of Reform (Scotland) Act 2010 (negative procedure etc.) shall apply paragraph 1B(1)(b) or (d) of that Schedule (corresponding in relation to regulations of the description given in subsection (3B) functions in relation to that Council), as they apply in relation to devolved subordinate legislation (e) in relation to the General Chiropractic Council, the (within the meaning of Part 2 of that Act) that is subject to the function under paragraph 1A(2) of Schedule 1 to negative procedure, but as if references to a Scottish statutory the Chiropractors Act 1994 and such functions as the instrument were references to a statutory instrument. Privy Council has by virtue of paragraph 1B(1)(b) or (3D) Section 32 of that Act (laying) shall apply in relation to (d) of that Schedule (corresponding functions in relation the laying of a statutory instrument containing regulations of the to that Council), description given in subsection (3B) before the Scottish Parliament (f) in relation to the General Pharmaceutical Council, the as it applies in relation to the laying of a Scottish statutory function under paragraph 1(2) of Schedule 1 to the instrument (within the meaning of Part 2 of that Act) before that Pharmacy Order 2010 (S.I. 2010/231) and such functions Parliament.”’.—(Mr Lansley.) as the Privy Council from time to time has by virtue of paragraph 2(1)(b) or (d) of that Schedule Clause 229 (corresponding functions in relation to that Council), (g) in relation to the Nursing and Midwifery Council, the ACCOUNTABILITY AND GOVERNANCE function under paragraph 1A(2) of Schedule 1 to the Amendment made: 245, page 215, line 43, leave out Nursing and Midwifery Order 2001 (S.I. 2002/253) ‘(3A) (inserted by section227(3))’ and insert ‘(3E) (inserted and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of by section226(7C))’.—(Mr Lansley.) that Schedule (corresponding functions in relation to that Council), and Clause 230 (h) in relation to the Health and Care Professions Council, the function under paragraph 1(2) of Schedule 1 to APPOINTMENTS TO REGULATORY BODIES the Health and Social Work Professions Order 2001 Amendments made: 246, page 216, line 11, leave out (S.I. 2002/254) and such functions as the Privy Council ‘its appointment power’ and insert ‘any of its appointment from time to time has by virtue of paragraph 1B(1)(b) functions’. or (d) of that Schedule (corresponding functions in relation to that Council).’. Amendment 247, page 216, line 15, leave out ‘its appointment power’ and insert ‘any of its appointment Amendment 255, page 217, line 13, leave out ‘power’ functions’. and insert ‘function’. Amendment 248, page 216, line 17, leave out ‘power’ Amendment 256, page 217, line 14, leave out ‘power’ and insert ‘function’. and insert ‘function’.—(Mr Lansley.) Amendment 249, page 216, line 20, leave out ‘its appointment power’ and insert ‘any of its appointment Clause 233 functions’. Amendment 250, page 216, line 22, leave out ‘power’ CONSEQUENTIAL PROVISIONS AND SAVINGS, ETC. and insert ‘function’. Amendment made: 257, page 223, line 25, after ‘25A’ Amendment 251, page 216, line 25, leave out ‘power’ insert ‘, 27’.—(Mr Lansley.) and insert ‘function’. Amendment 252, page 216, line 27, leave out ‘power’ Clause 237 and insert ‘function’. Amendment 253, page 216, line 31, leave out ‘power’ QUALITY STANDARDS and insert ‘function’. Amendments made: 258, page 225, line 2, leave out Amendment 254, page 216, line 35, leave out ‘must be’ and insert subsection (8) and insert— ‘has no effect unless it is’. ‘(8) In this section, “appointment functions” means— Amendment 259, page 225, line 6, leave out ‘generally or’ and insert ‘or to disseminate it’. (a) in relation to the General Medical Council, the function under paragraph 1A(2) of Schedule 1 to the Medical Amendment 260, page 225, line 33, leave out ‘or 12’.— Act 1983 and such functions as the Privy Council (Mr Lansley.) from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (appointment of members and chair and determination of terms of office), Clause 244

(b) in relation to the General Dental Council, the function COMMISSIONING GUIDANCE under paragraph 1A(2) of Schedule 1 to the Dentists Act 1984 and such functions as the Privy Council Amendment made: 261, page 229, line 18, after ‘guidance’, from time to time has by virtue of paragraph 1B(1)(b) insert ‘to such persons and’.—(Mr Lansley.) or (d) of that Schedule (corresponding functions in relation to that Council), Clause 253 (c) in relation to the General Optical Council, the function under paragraph 1A(2) of Schedule 1 to the Opticians POWERS TO PUBLISH INFORMATION STANDARDS Act 1989 and such functions as the Privy Council Amendments made: 262, page 232, line 38, leave out from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in ‘to which the information standard relates’. relation to that Council), Amendment 263, page 232, line 42, leave out ‘, to which the information standard relates’. (d) in relation to the General Osteopathic Council, the function under paragraph 1A(2) of the Schedule to Amendment 264, page 233, line 21, leave out ‘or the Osteopaths Act 1993 and such functions as the 12’.—(Mr Lansley.) 475 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 476 (Re-committed) Bill (Re-committed) Bill Clause 257 Clause 299

POWERS TO DIRECT INFORMATION CENTRE TO TRANSFER SCHEMES ESTABLISH INFORMATION SYSTEMS Amendments made: 280, page 257, line 14, leave out Amendments made: 265, page 234, line 30, leave out ‘section 300’ and insert ‘sections300 and [Subsequent ‘, analysis and publication or other dissemination’ property transfer schemes]’. and insert ‘and analysis’. Amendment 281, page 257, line 18, at end insert ‘or Amendment 266, page 235, line 4, leave out ‘or 12’. the Board’.—(Mr Lansley.) Amendment 267, page 235, line 11, leave out subsection (7).—(Mr Lansley.) Clause 302

Clause 258 REGULATIONS, ORDERS AND DIRECTIONS

POWERS TO REQUEST INFORMATION CENTRE TO Amendments made: 282, page 259, line 39, leave out ESTABLISH INFORMATION SYSTEMS from ‘section’ to end of line 40 and insert Amendments made: 268, page 235, line 17, leave out ‘[Duration of transitional period] (extension of transitional period during which licence conditions may be imposed on NHS foundation ‘, analysis and publication or other dissemination’ trusts)’. and insert ‘and analysis’. Amendment 283, page 260, line 11, leave out Amendment 269, page 235, line 24, leave out subsection (6) and insert— subsection (3). ‘(6) An order by the Privy Council under this Act that includes Amendment 270, page 235, line 43, leave out ‘the provision which would, if included in an Act of the Scottish United Kingdom’ and insert ‘England’.—(Mr Lansley.) Parliament, fall within the legislative competence of that Parliament is subject to the negative procedure in that Parliament Clause 262 (in addition to the statutory instrument containing the order being subject to annulment under subsection (3)). PUBLICATION OF INFORMATION (6A) Sections 28 and 31 of the Interpretation and Legislative Amendments made: 271, page 238, line 19, at end Reform (Scotland) Act 2010 (negative procedure etc.) apply in insert relation to an order of the description given in subsection (6) as ‘which is collected pursuant to the direction’. they apply in relation to devolved subordinate legislation (within Amendment 272, page 238, line 20, leave out the meaning of Part 2 of that Act) that is subject to the negative subsections (4) to (7). procedure, but as if references to a Scottish statutory instrument were references to a statutory instrument. Amendment 273, page 238, line 42, leave out from ‘258’ to end of line 44 and insert (6B) Section 32 of that Act (laying) shall apply in relation to the laying of a statutory instrument containing an order of the ‘, the Centre— description given in subsection (6) before the Scottish Parliament (a) must comply with the requirements (if any) specified in as it applies in relation to the laying of a Scottish statutory the direction or mandatory request as to the form, instrument (within the meaning of Part 2 of that Act) before that manner and timing of publication of the information, Parliament.’. and Amendment 284, page 260, line 37, leave out ‘or (b) may publish the information in such other form and transitional’ and insert ‘, transitional or transitory’. such other manner, and at such other times, as it Amendment 285, page 260, line 42, at end insert— considers appropriate.’. Amendment 274, page 238, line 47, leave out from ‘(8A) If a draft of a statutory instrument containing an order under section [Duration of transitional period] would, but for ‘Centre’ to end of line 48 and insert ‘— this subsection, be treated for the purposes of the Standing (a) may act in accordance with such provision (if any) as Orders of either House of Parliament as a hybrid instrument, it may be included in the request as to the form, manner is to proceed in that House as if it were not a hybrid instrument.’. and timing of publication of the information, and Amendment 286, page 260, line 45, leave out ‘must be (b) may publish the information in such other form and given by regulations or’ and insert such other manner, and at such other times, as it ‘— considers appropriate.’. (a) must, in the case of a direction under any of the Amendment 275, page 239, line 1, leave out ‘intervals following provisions, be given by regulations or an for’ and insert ‘timings of’. instrument in writing— Amendment 276, page 239, line 7, leave out ‘section’ (i) section 66(2) (direction to Monitor to perform and insert ‘Chapter’.—(Mr Lansley.) functions); (ii) section 237(1) (direction to NICE to prepare Clause 274 quality standards); (iii) section 248(1) (direction to NICE to perform INTERPRETATION OF THIS CHAPTER functions); Amendments made: 277, page 243, line 28, leave out (iv) section 252(8) (direction to Board to be paragraph (c) and insert— transitional commissioner in relation to pre- ‘(c) a Northern Ireland Minister;’. commencement statements of quality standards); Amendment 278, page 243, line 35, at end insert— (v) section 257(1) (direction to Information Centre to establish information systems); ‘“Northern Ireland Minister” includes the First Minister, (vi) section 258(6) or (7) (direction to Information the deputy First Minister and a Northern Ireland Centre to comply, or not to comply, with request Department;’. to establish information systems); Amendment 279, page 243, line 40, at end insert— (vii) section 262(2)(d) (direction to Information Centre ‘“relevant person” has the meaning given by that information of specified description is not section 262.’.—(Mr Lansley.) subject to duty to publish); 477 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 478 (Re-committed) Bill (Re-committed) Bill (viii) section 271(1) (direction to Information Centre to (2) A clinical commissioning group may, for or in respect of perform functions); such members of its governing body as it may determine, make (ix) paragraph 4 of Schedule6 (direction to Board to arrangements for providing pensions, allowances or gratuities. exercise functions of Secretary of State relating to (3) Such arrangements may include the establishment and Primary Care Trusts), and administration, by the clinical commissioning group or otherwise, (b) must, in the case of any other direction, be given of one or more pension schemes. by’.—(Mr Lansley.) (4) The arrangements that may be made under sub-paragraph (2) include arrangements for the provision of pensions, allowances or Clause 304 gratuities by way of compensation to or in respect of any members of the governing body who suffer loss or diminution of emoluments. COMMENCEMENT (5) Where a clinical commissioning group has, by virtue of Amendment made: 287, page 261, line 29, leave out paragraph 10(4), established a pension scheme, the arrangements from beginning to ‘may’ in line 30 and insert that may be made under sub-paragraph (2) include arrangements ‘Transitory provision in an order under subsection (2) or (4)’.— for members of the governing body to be members of the (Mr Lansley.) scheme. (6) Sub-paragraph (2) does not apply to members of the Clause 305 governing body who are— EXTENT (a) members or employees of the clinical commissioning Amendments made: 288, page 261, line 43, at end group, or insert— (b) members or employees of a body that is a member of the clinical commissioning group.’. ‘() section42 insofar as it inserts section 252A(7A) of the National Health Service Act 2006;’. Amendment 298, page 272, line 26, at end insert— Amendment 289, page 262, line 16, leave out ‘Additional powers in respect of payment of allowances subsection (4). A clinical commissioning group may pay such travel or other Amendment 290, page 262, line 18, leave out ‘The allowances as it considers appropriate to any of the following— following provisions’ and insert (a) members of the clinical commissioning group who are ‘Sections 131 to 136 (health special administration)’. individuals; Amendment 291, page 262, line 19, leave out (b) individuals authorised to act on behalf of a member of the clinical commissioning group in dealings between paragraphs (a) and (b).—(Mr Lansley.) the member and the group; Schedule 2 (c) members of any committee or sub-committee of the clinical commissioning group or its governing body.’. COMMISSIONING CONSORTIA Amendment 299, page 274, leave out lines 14 to 16.— Amendments made: 292, page 270, leave out lines 21 (Mr Lansley.) to 23. Amendment 293, page 270, line 30, at end insert— Schedule 4 ‘( ) In this paragraph, references to the functions of the governing body of a clinical commissioning group include references to the functions of the clinical commissioning group AMENDMENTS OF THE NATIONAL HEALTH SERVICE which are exercisable by the governing body under arrangements ACT 2006 specified in the constitution by virtue of paragraph 3(3).’. Amendments made: 300, page 279, line 33, after ‘(4)’ Amendment 294, page 271, line 18, leave out from insert ‘— ‘employees’ to ‘under’ in line 19 and insert ( ) after paragraph (a) insert— ‘remuneration and travelling or other allowances in accordance “(aa) the Board, with determinations made by its governing body’. (ab) a clinical commissioning group, Amendment 295, page 272, line 13, leave out from ‘pay’ to end of line 14 and insert (ac) a local authority,”,’. ‘remuneration and travelling or other allowances to the accountable Amendment 301, page 279, line 35, at end insert— officer in accordance with determinations made by its governing ‘( ) After subsection (4) insert— body under section 14L(3)(a)’. (4A) In subsection (4), “local authority” has the same meaning Amendment 296, page 272, line 14, at end insert— as in section 2B.”’. ‘(5A) A clinical commissioning group may, for or in respect of Amendment 302, page 280, line 37, leave out ‘or a its accountable officer, make arrangements for providing commissioning consortium’ and insert ‘, a clinical pensions, allowances or gratuities. commissioning group or a local authority’. (5B) The arrangements that may be made under sub-paragraph (5A) include arrangements for the provision of pensions, allowances or Amendment 303, page 280, line 41, after ‘State’, gratuities by way of compensation to or in respect of the accountable insert ‘or a local authority’. officer where the officer suffers loss of office or loss or diminution Amendment 304, page 281, line 7, at end insert— of emoluments. ‘( ) After subsection (6) insert— (5C) Where a clinical commissioning group has, by virtue of (7) In this section and sections 12B to 12D, “local authority” paragraph 10(4), established a pension scheme, the arrangements has the same meaning as in section 2B.”’. that may be made under sub-paragraph (5A) include arrangements for the accountable officer to be a member of the scheme.’. Amendment 305, page 281, line 10, leave out ‘or a Amendment 297, page 272, line 26, at end insert— commissioning consortium’ and insert ‘Remuneration etc for members of governing bodies ‘, a clinical commissioning group or a local authority’. (1) A clinical commissioning group may pay members of its Amendment 306, page 281, line 13, leave out ‘or a governing body such remuneration and travelling or other commissioning consortium’ and insert allowances as it considers appropriate. ‘, a clinical commissioning group or a local authority’. 479 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 480 (Re-committed) Bill (Re-committed) Bill Amendment 307, page 281, line 15, leave out ‘or the (b) in sub-paragraph (3)— commissioning consortium’ and insert (i) omit “Strategic Health Authority,”, and ‘, clinical commissioning group or local authority’. (ii) omit “Primary Care Trust,”, Amendment 308, page 281, line 18, leave out ‘or’ and (c) in sub-paragraph (6)— insert (i) omit “a Strategic Health Authority,”, and ‘or a local authority or as’. (ii) omit “, a Primary Care Trust,”, Amendment 309, page 281, line 22, leave out ‘or a (d) in sub-paragraph (7)— commissioning consortium’ and insert (i) in paragraph (a), omit “Strategic Health Authority,”, (ii) in that paragraph omit “or belong to a Primary ‘, a clinical commissioning group or a local authority’. Care Trust”, and Amendment 310, page 281, line 29, leave out ‘or a (iii) in the words following paragraph (b)—omit “Strategic commissioning consortium’ and insert Health Authority,”, and omit “Primary Care Trust,”.’. ‘, a clinical commissioning group or a local authority’. Amendment 317, page 282, line 32, at end insert— Amendment 311, page 281, line 31, leave out ‘or a ‘( ) In paragraph 18— commissioning consortium’ and insert (a) omit “Strategic Health Authority,” and ‘, a clinical commissioning group or a local authority’. (b) omit “Primary Care Trust,”. Amendment 312, page 281, line 35, at end insert— ( ) In paragraph 29, in sub-paragraph (3) omit “Strategic In section 29 (exercise of Special Health Authority functions), in Health Authority,”. subsection (2)(a)— ( ) In paragraph 30, in sub-paragraph (1)— (a) omit “, section 14”, and (a) omit “Strategic Health Authority,” and (b) omit “, section 19”.’. (b) omit “Primary Care Trust,”.’. Amendment 313, page 282, line 14, at end insert — Amendment 318, page 283, line 34, at end insert ( ) after paragraph (h) (and before the “and” immediately ‘(including by virtue of section 7A)’. following it) insert— Amendment 319, page 284, line 37, at end insert— “(ha) a company formed under section 223 and wholly or partly owned by the Secretary of State or the Board,”, ‘( ) The reference in subsection (9) to arrangements made by and’. the Board or (as the case may be) a clinical commissioning group Amendment 314, page 282, line 15, leave out from include references to arrangements so made by virtue of section 7A.”’. ‘(i)’ to end of line 16 and insert ‘— (i) for “paragraphs (a) to (h)”, in the first place where Amendment 320, page 296, line 16, after ‘(4A)(a)’ it occurs, substitute “paragraphs (za) to (ha)”, insert ‘— and (a) ’. (ii) for “paragraphs (a) to (h)”, in the second place Amendment 321, page 296, line 16, after ‘Board”’ where it occurs, substitute “paragraphs (za) insert ‘, and to (h)”.’. (b) for “to persons who provide” substitute “for Amendment 315, page 282, line 17, after ‘(2A)’, insert providing”.’. ‘— Amendment 322, page 302, line 21, leave out paragraph ( ) after paragraph (a) insert— (c) and insert— “(ab) in relation to a company within paragraph (ha) of ‘(c) for paragraph (d) substitute — subsection (2), means the company’s activities in providing facilities or services to any person or body;”, and’. “(d) in any other case— Amendment 316, page 282, line 32, leave out ‘In (i) where the hospital is vested in the Secretary of State, the Special Health Authority exercising functions Schedule 4,’ and insert— of the Secretary of State in respect of it or, where ‘(1) Schedule 4 (NHS trusts) is amended as follows. there is no such Special Health Authority, the (2) In paragraph (5)(1)(f), omit “Primary Care Trusts,”. Secretary of State, (3) In paragraph 6— (ii) where the Welsh Ministers have functions in respect of the hospital, the Special Health Authority or (a) in sub-paragraph (1) — Local Health Board exercising those functions.”’. (i) omit “Strategic Health Authority,” and Amendment 323, page 303, line 42, at end insert (ii) omit “, Primary Care Trust”, and ‘or pursuant to arrangements made in the exercise (by any person) (b) in sub-paragraph (2) — of the public health functions of the Secretary of State or a local (i) omit “Strategic Health Authority,” and authority.”’. (ii) omit “, Primary Care Trust”. Amendment 324, page 305, line 32, at end insert— (4) In paragraph 7(3), omit “Strategic Health Authority,”. In section 271 (territorial limit of exercise of functions), in the (5) In paragraph 8— words in brackets in subsection (3)(a), after “directions to” insert (a) in sub-paragraph (1), omit “, Primary Care Trust” (in “certain”.’. each place where it occurs), and Amendment 325, page 305, line 32, at end insert— (b) in sub-paragraph (4), omit “, Primary Care Trust”, After section 271 insert— (c) in sub-paragraph (5), omit “, Primary Care Trust” (in “271A Services to be treated as services of the Crown for each place where it occurs), certain purposes (d) in sub-paragraph (6)(b), omit “, Primary Care Trust”, and (1) Services to which this section applies are to be treated as services of the Crown for the purposes of— (e) in sub-paragraph (9)(b), omit “, Primary Care Trust”. (a) Schedule 1 to the Registered Designs Act 1949 (provisions (6) In paragraph 9— as to the use of registered designs for the services of (a) in sub-paragraph (1)— the Crown etc.), and (i) omit “a Strategic Health Authority,”, and (b) sections 55 to 59 of the Patents Act 1977 (use of (ii) omit “a Primary Care Trust,”, patented inventions for the services of the Crown). 481 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 482 (Re-committed) Bill (Re-committed) Bill (2) This section applies to services provided in pursuance of— Amendment 342, page 316, line 29, at end insert— (a) the functions of the Board or a clinical commissioning ‘( ) After subsection (7) insert— group under section 3, 3A, 3B or 4 or Schedule 1, or (7A) References in this Act to a hospital or accommodation (b) the public health functions of a local authority.”’. made available or provided pursuant to arrangements made by Amendment 326, page 305, line 34, after ‘(3)’, insert the Secretary of State under the National Health Service ‘— Act 2006 are references to a hospital or accommodation made (a) omit paragraph (b), and’. available or provided pursuant to arrangements so made in the Amendment 327, page 305, line 40, after ‘(4)(c)(ii)’, exercise of the public health functions of the Secretary of State (within the meaning of that Act). insert ‘— (7B) References in this Act to arrangements made by the (a) after “8,” insert “13Z1,”, and’. National Health Service Commissioning Board or a clinical Amendment 328, page 306, line 21, at end insert— commissioning group under the National Health Service ‘( ) Until the commencement of section 29, the definition of Act 2006 include references to arrangements so made by virtue of “NHS body” in section 275 of the National Health Service section 7A of that Act.”’. Act 2006 has effect as if it included a reference to a Strategic Amendment 343, page 316, line 40, after ‘services’, Health Authority.’.—(Mr Lansley.) insert Schedule 5 ‘(including services that may be provided pursuant to such arrangements by virtue of section 7A of that Act)’. PART 1: AMENDMENTS AND OTHER ENACTMENTS Amendment 344, page 317, line 31, leave out from Amendments made: 329, page 310, line 5, at end insert ‘substitute’ to end of line 33 and insert ‘the Secretary of State,’. ‘“by any person in pursuance of arrangements made by the Amendment 330, page 310, line 15, after ‘(2)’, insert National Health Service Commissioning Board or by a clinical commissioning group under the National Health Service Act 2006 ‘(as substituted by the National Health Service Reorganisation (including by virtue of section 7A of that Act)”.’. Act 1973)’. Amendment 331, page 310, line 45, at end insert— Amendment 345, page 318, line 22, at end insert— ‘Local Government Act 1974 (c. 7) The Health Service Commissioners Act 1993 is amended as follows. In section 26 of the Local Government Act 1974 (matters subject to investigation by Local Commissioner), in subsection (1), after In section 2 (health service bodies subject to investigation), in paragraph (c) insert— subsection (1)— “(d) an alleged or apparent failure in a service provided by (a) omit paragraph (a), the authority in pursuance of arrangements under (b) omit paragraph (da), and section 7A of the National Health Service Act 2006; (c) after paragraph (db) insert— (e) an alleged or apparent failure to provide a service in “(dc) the National Health Service Commissioning Board, pursuance of such arrangements.”’. (dd) clinical commissioning groups.”’. Amendment 332, page 312, line 37, at end insert—after “the National Health Service (Wales) Act 2006,” (in the In section 2A (health service providers subject to investigation), in subsection (1)(a) for “a Primary Care Trust” substitute “the second place where it occurs) insert National Health Service Commissioning Board”. “the Secretary of State where the Secretary is responsible for the administration of the hospital or”,’. (1) Section 14 (reports etc. by the Commissioner) is amended as follows. Amendment 333, page 313, line 11, leave out from ‘(2)(aa)’ to end of line 13 and insert ‘— (2) In subsection (1)— (a) omit “under section 92 of the National Health Service (a) at the end of paragraph (c) insert “and”, and Act 2006 or”, (b) omit paragraph (e) and the preceding “and”. (b) after “section 100” insert “of the National Health (3) In subsection (2A)— Service Act 2006 or an agreement under section 107”, (a) at the end of paragraph (d) insert “and”, and (c) omit “under section 50 of the National Health Service (Wales) Act 2006 or”, and (b) omit paragraph (f) and the preceding “and”. (d) after “section 57” insert “of the National Health (4) In subsection (2C)— Service (Wales) Act 2006 or an agreement under (a) at the end of paragraph (d) insert “and”, and section 64”.’. (b) omit paragraph (f) and the preceding “and”. Amendment 334, page 315, line 3, after ‘insert “’, (5) Omit subsection (2E)(e). insert ‘the Secretary of State,’. (6) In subsection (2G)— Amendment 335, page 315, line 11, after ‘by’, insert ‘the Secretary of State,’. (a) at the end of paragraph (c) insert “and”, and Amendment 336, page 315, line 18, after ‘by’, insert (b) omit paragraph (e) and the preceding “and”.’. ‘the Secretary of State,’. Amendment 346, page 318, line 23, leave out Amendment 337, page 315, line 32, after ‘insert “’, ‘of the Health Service Commissioners Act 1993’. insert ‘the Secretary of State,’. Amendment 347, page 322, line 36, at end insert— Amendment 338, page 315, line 47, after ‘by’, insert ‘Regulation of Investigatory Powers Act 2000 (c. 23) ‘the Secretary of State,’. In section 4 of the Regulation of Investigatory Powers Act 2000 Amendment 339, page 316, line 6, after ‘by’, insert (power to provide for lawful interception) in subsection (5) for ‘the Secretary of State,’. “section 8 of the National Health Service Act 2006” substitute Amendment 340, page 316, line 16, after ‘by’, insert “section 4(3A)(a) of the National Health Service Act 2006”.’. ‘the Secretary of State,’. Amendment 348, page 323, line 29, after ‘2006’, Amendment 341, page 316, line 20, after ‘to’, insert insert ‘the Secretary of State,’. ‘(including by virtue of section 7A of that Act)’. 483 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 484 (Re-committed) Bill (Re-committed) Bill Amendment 349, page 325, line 16, at end insert— (2) If, at any time before the commencement of section 6, the Secretary of State consults a Special Health Authority about the In section 113 (complaints about health care), in subsection (1), objectives or requirements to be included in the first mandate after paragraph (c) insert— published under section 13A of the 2006 Act (as inserted by “(d) anything done by the National Health Service section 20), the consultation is to be treated for the purposes of Commissioning Board or a clinical commissioning subsection (8)(a) of section 13A as consultation with the Board.’. group in pursuance of arrangements made under section 7A of the National Health Service Act 2006.”’. Amendment 358, page 336, line 37, at end insert— Amendment 350, page 326, line 17, at end insert— 1A (1) This paragraph applies if section 18 is commenced before section 29(1). ‘“() the Secretary of State, in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, (2) Until section 29(1) is commenced, section 7(1) of the 8 or 12 of Schedule 1 to, the National Health Service 2006 Act has effect as if after “Special Health Authority” there Act 2006,’. were inserted “or Strategic Health Authority”. Amendment 351, page 327, line 18, at end insert— (3) Sub-paragraph (4) applies in relation to any direction given under section 7(1) of the 2006 Act to a Strategic Health ‘Civil Contingencies Act 2004 (c. 36) Authority which has effect immediately before section 18 is (1) Schedule 1 to the Civil Contingencies Act 2004 (lists of commenced. Category 1 and 2 responders) is amended as follows. (4) Until section 29(1) is commenced, the direction continues (2) In Part 1 (which contains the general list of Category 1 to have effect as if given to the Strategic Health Authority under responders)— section 7(1) of the 2006 Act (as it has effect by virtue of (a) after the cross-heading “Health” insert— sub-paragraph (2)). 4A The National Health Service Commissioning Board.”, and (5) Sub-paragraph (6) applies in relation to any direction given (b) omit paragraph 7. under section 7(2) of the 2006 Act to a Special Health Authority in respect of the functions of a Strategic Health Authority which (3) In Part 3 (which contains the general list of Category 2 has effect immediately before section 18 is commenced. responders)— (6) Until section 29(1) is commenced, the direction continues (a) after the cross-heading “Health” insert— to have effect as if given to the Special Health Authority in 29ZA A clinical commissioning group established under respect of the functions of the Strategic Health Authority under section 14D of the National Health Service Act 2006.”, and section 7(1) of the 2006 Act. (b) omit paragraph 29A.’. (7) Any reference in this paragraph to section 7(1) of the Amendment 352, page 327, line 45, leave out ‘and’ 2006 Act is a reference to that provision as amended by and insert— section 18.’. ( ) after that paragraph insert— Amendment 359, page 337, line 24, at end insert— (aa) in relation to England, if the hospital falls within Any reference in paragraphs 1A to 3 to the commencement of paragraph (a)(i) or (ii) and no Special Health Authority section 18 is to its commencement by virtue of an order under has responsibility for its administration, the Secretary section304(4) (and not to its commencement for limited purposes of State;”,’. by virtue of section 304(1)(d)).’. Amendment 353, page 331, line 9, after ‘networks)’ Amendment 360, page 337, line 28, after “Trusts”, insert ‘— insert “or Strategic Health Authorities’. (a) for “services-provider”, in each place it appears, substitute Amendment 361, page 339, line 14, at end insert— “responsible person”, ‘( ) Any reference (however expressed) in the following (b) in subsection (2), before paragraph (a) insert— provisions of Chapter A2 of Part 2 of the National Health “(za) the National Health Service Commissioning Board; Service Act 2006 to the functions of a clinical commissioning group includes a reference to the functions of a Primary Care (zb) a clinical commissioning group;”, Trust that are exercisable by the group by virtue of sub- (c) ’. paragraph (1)— Amendment 354, page 331, line 9, at end insert ‘, and (a) section 14O(1), () in the title, for “services-providers” substitute “responsible (b) section 14P, persons”. (c) section 14Q(1), Amendment 355, page 333, line 24, leave out ‘or 12’. (d) section 14S(1), Amendment 356, page 335, line 45, at end insert— (e) section 14T(1), In section 36 (disclosure of information by Her Majesty’s (f) section 14U(1), Revenue and Customs), in subsection (3) after paragraph (a) (g) section 14V(1), insert— (h) section 14W(1), “(aa) the National Health Service Commissioning (i) section 14X, Board;”.’.—(Mr Lansley.) (j) section 14Y(1) and (2), (k) section 14Z1(7). Schedule 6 (l) section 14Z2(1),

PART 1: TRANSITIONAL PROVISION (m) section 14Z3(2), Amendments made: 357, page 336, line 36, at end (n) section 14Z5(7) insofar as it defines “commissioning insert— functions” in section 14Z6, (o) sections 14Z15(1), 14Z17(1) and 14Z19(1) and (3), ‘Modification of requirements as to consultation (p) in Schedule 1A, paragraphs 3(1) and (3), 5 and (1) If, at any time before the commencement of section 6, the 11(6)(b).’. Secretary of State consults a Special Health Authority as to the making of regulations under section 3B of the 2006 Act (as Amendment 362, page 339, line 14, at end insert— inserted by section 12), the consultation is to be treated for the ‘( ) Arrangements made under sub-paragraph (1) do not affect purposes of subsection (4)(b) of section 3B as consultation with the liability of the Primary Care Trust for the exercise of any of the Board. its functions.’. 485 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 486 (Re-committed) Bill (Re-committed) Bill Amendment 363, page 339, line 14, at end insert— Schedule 16 ‘Power to make payments to the Board during initial period PART 7: CONSQUENTIAL AMENDMENTS AND SAVINGS (1) The Secretary of State may make payments to the Board of such amounts as the Secretary of State considers appropriate Amendments made: 374, page 381, line 25, at end towards meeting the expenditure of the Board which is insert— attributable to the performance by it of its functions during the Omit section 70 (abolition of the Central Council for Education initial period. and Training in Social Work).’. (2) Payments under sub-paragraph (1) may be made at such Amendment 375, page 381, line 28, at end insert— times and on such terms and conditions as the Secretary of State In section 114 (schemes for the transfer of staff), in considers appropriate.’. subsection (1), omit “, 70”. Amendment 364, page 339, line 14, at end insert— In section 118 (orders and regulations), in subsection (4), omit ‘Support for clinical commissioning groups during initial period the words from “; and” to the end. (1) A Primary Care Trust may provide assistance or support to In section 121 (interpretation), in the table in subsection (13), a clinical commissioning group during the initial period. omit the entry for “CCETSW”. (2) The assistance that may be provided includes— In section 122 (commencement), omit “section 70(2) to (5) and”. In section 123 (extent), omit subsection (3).’. (a) financial assistance, and Amendment 376, page 384, line 41, at end insert— (b) making the services of the Trust’s employees or any other resources of the Trust available to the group. In section 171(4) (provisions which Welsh Ministers have power to commence), before paragraph (a) insert— (3) Assistance or support provided under this paragraph may “(za) sections 124 and 125 and Schedule 9 (regulation of be provided on such terms and conditions, including terms as to social care workers: Wales) and section 126 (education payment, as the Trust considers appropriate. and training of approved mental health professionals: (4) The Primary Care Trust may, in particular, impose Wales),’. restrictions on the use of any financial or other assistance or Amendment 377, page 386, line 39, leave out support provided under this paragraph. paragraph 53. (5) A clinical commissioning group must comply with any Amendment 378, page 388, line 7, at end insert— restrictions imposed under sub-paragraph (4).’.—(Mr Lansley.) Omit section 26(12) of that Act.’. Amendment 379, page 388, line 33, leave out Schedule 7 paragraph (e).—(Mr Lansley.)

ABOLITION OF THE HEALTH PROTECTION AGENCY: Schedule 18 CONSEQUENTIAL AMENDMENTS Amendment made: 365, page 341, line 8, at end insert— PART 8: CONSEQUENTIAL AMENDMENTS ‘Civil Contingencies Act 2004 (c. 36) Amendments made: 380, page 397, line 5, at beginning insert— In Schedule 1 to the Civil Contingencies Act 2004, in Part 1 (list of Category 1 responders) for paragraph 9 substitute— ‘(1) The Employment Rights Act 1996 is amended as follows. (2) In section 50 (right to time off for public duties) in subsection (8), 9 The Secretary of State, in so far as the functions of the after paragraph (ab) insert— Secretary of State include responding to emergencies by virtue of — “(ac) the National Institute for Health and Care Excellence,”.’. (a) the Secretary of State’s functions under section 2A of the National Health Service Act 2006, Amendment 381, page 397, line 5, leave out ‘of the Employment Rights Act 1996’. (b) the Secretary of State’s functions under section 54 of the Health and Social Care Act 2011 in so far as it Amendment 382, page 397, line 7, at end insert— applies in relation to Wales or Scotland, or ‘Data Protection Act 1998 (c. 29) (c) arrangements made by the Welsh Ministers or Scottish In section 69 of the Data Protection Act 1998 (meaning of Ministers under which the Secretary of State exercises “health professional”) in subsection (3), after paragraph (fa) on their behalf functions in relation to protecting the insert— public in Wales or Scotland from disease or other “(fb) the National Institute for Health and Care dangers to health.”’.—(Mr Lansley.) Excellence,”.’.—(Mr Lansley.)

Schedule 15 Schedule 20

PART 9: CONSEQUENTIAL AMENDMENTS LOCAL HEALTHWATCH ORGANISATIONS Amendments made: 383, page 404, line 5, at end Amendment made: 373, page 378, line 21, at end insert— insert— ‘Access to Health Records Act 1990 (c. 23) ‘(5) The regulations may impose duties on a responsible person In section 11 of the Access to Health Records Act 1990 (interpretation) as respects responding to requests for information made by a in the definition of “health service body”, at the end insert— person who has power to appoint a member of an LHW when discharging the duty imposed by virtue of sub-paragraph (3). “(f) the Health and Social Care Information Centre;”.’. (6) In sub-paragraph (5), “responsible person”means a responsible Amendment 384, page 404, line 7, at beginning insert— person for the purposes of section 224(1).’.—(Mr Lansley.) ‘(1) The Employment Rights Act 1996 is amended as follows. 487 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 488 (Re-committed) Bill (Re-committed) Bill (2) In section 50 (right to time off for public duties) in Amendment 392, page 410, line 26, after second subsection (8), after paragraph (ac) (inserted by Schedule 18) ‘arrangement’, insert insert— ‘(except in so far as it relates to reserved matters within the “(ad) the Health and Social Care Information Centre,”.’. meaning of the Scotland Act 1998)’. Amendment 385, page 404, line 7, leave out Amendment 393, page 410, line 28, after ‘jointly.’, ‘of the Employment Rights Act 1996’. insert— Amendment 386, page 404, line 9, at end insert— “(3) Subsection (4) applies (and subsection (2) does not apply) ‘Data Protection Act 1998 (c. 29) where a cross-border Special Health authority is a party or prospective party to an arrangement or proposed arrangement In section 69 of the Data Protection Act 1998 (meaning of which— “health professional”) in subsection (3), after paragraph (fb) (a) falls within the definition of NHS contract in (inserted by Schedule 18) insert— section 9(1), and “(fc) the Health and Social Care Information Centre,”.’.— (b) also falls within the definition of NHS contract in (Mr Lansley.) section 17A of the National Health Service (Scotland) Act 1978 and the definition of NHS contract in section 7(1) of the National Health Service (Wales) Schedule 22 Act 2006. (4) Subsections (5) to (13) of section 9 apply in relation to that AMENDMENTS RELATING TO RELATIONSHIPS BETWEEN arrangement or proposed arrangement (except in so far as it THE HEALTH SERVICES relates to reserved matters within the meaning of the Scotland Amendments made: 387, page 409, line 2, leave out Act 1998) with the substitution for references to the Secretary of State— ‘the Secretary of State or a body’ (a) where the cross-border Special Health Authority is and insert ‘a person’. exercising functions in relation to England only, of Amendment 388, page 409, line 3, after ‘(jb),’, insert references to the Secretary of State and the Scottish ‘(m),’. Ministers acting jointly; and (b) where the Authority is exercising functions in relation Amendment 389, page 409, line 14, leave out to England and Wales, of references to the Secretary ‘the Welsh Ministers are, or a body’ of State and the Welsh Ministers acting concurrently and insert ‘a person’. with each other and jointly with the Scottish Ministers. Amendment 390, page 409, line 15, leave out ‘or (k) (5) In subsections (3) and (4), “cross-border Special Health Authority” means a Special Health Authority which is is,’ and insert ‘(k) or (ma) is’. established under the National Health Service Act 2006 and the Amendment 391, page 409, line 28, after ‘jointly.’, National Health Service (Wales) Act 2006 by virtue of— insert— (a) paragraph 1(2) of Schedule 2 to the National Health “(15) Subsection (16) applies (and subsections (12) and (14) do Service (Consequential Provisions) Act 2006, or not apply) where a cross-border Special Health Authority is a (b) the power under section 28 of the National Health party or prospective party to an arrangement or proposed arrangement Service Act 2006 and the power under section 22 of which— the National Health Service (Wales) Act 2006 being (a) falls within subsection (1); and exercised together.’. (b) also falls within the definition of NHS contract in Amendment 394, page 410, line 32, at end insert— section 9 of the National Health Service Act 2006 and ‘( ) Until the commencement of section 29 of this Act, the definition of NHS contract in section 7 of the subsection (1) of section 66 of the National Health Service National Health Service (Wales) Act 2006. Act 2006 has effect as if it included a reference to Strategic (16) Subsections (4) to (9) shall apply in relation to that Health Authorities.’. arrangement or proposed arrangement (except in so far as it Amendment 395, page 411, line 6, at end insert— relates to reserved matters within the meaning of the Scotland ‘( ) Until the commencement of section 29 of this Act, Act 1998) with the substitution for references to the Secretary of subsection (1) of section 68 of the National Health Service State— Act 2006 has effect as if it included a reference to Strategic (a) where the cross-border Special Health Authority is Health Authorities.’. exercising functions in relation to England only, of references to the Secretary of State and the Scottish Amendment 396, page 411, line 40, after ‘Ministers’, Ministers acting jointly; insert ‘— (b) where the Authority is exercising functions in relation (a) in so far as the arrangement or proposed arrangement to Wales only, of references to the Welsh Ministers relates to reserved matters within the meaning of the and the Scottish Ministers acting jointly; and Scotland Act 1998, of references to the Welsh Ministers and the Secretary of State acting jointly, and (c) where the Authority is exercising functions in relation to England and Wales, of references to the Secretary (b) for all other purposes,’. of State and the Welsh Ministers acting concurrently Amendment 397, page 411, line 41, after ‘jointly.’, with each other and jointly with the Scottish Ministers. insert— (17) In subsections (15) and (16), “cross-border Special Health “(3) Subsection (4) applies (and subsection (2) does not apply) Authority” means a Special Health Authority which is established where a cross-border Special Health Authority is a party or under the National Health Service Act 2006 and the National prospective party to an arrangement or proposed arrangement Health Service (Wales) Act 2006 by virtue of— which— (a) paragraph 1(2) of Schedule 2 to the National Health (a) falls within the definition of NHS contract in Service (Consequential Provisions) Act 2006, or section 7(1), and (b) the power under section 28 of the National Health (b) also falls within the definition of NHS contract in Service Act 2006 and the power under section 22 of section 17A of the National Health Service (Scotland) the National Health Service (Wales) Act 2006 being Act 1978 and the definition of NHS contract in exercised together.’. section 9(1) of the National Health Service Act 2006. 489 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 490 (Re-committed) Bill (Re-committed) Bill (4) Subsections (5) to (13) of section 7 apply in relation to the Mr Lansley: If my hon. Friend will forgive me, I will arrangement or proposed arrangement (except in so far as it not give way because other Members wish to speak on relates to reserved matters within the meaning of the Scotland Third Reading. Act 1998) with the substitution for references to the Welsh Ministers— In Wales, a Labour Government are cutting the budget (a) where the cross-border Special Health Authority is for the NHS. The coalition Government’s commitment exercising functions in relation to Wales only, of to the NHS will not waver. The Government and I, as references to the Welsh Ministers and the Scottish Health Secretary, will always be accountable for promoting Ministers acting jointly, and and securing the provision of a comprehensive health (b) where the Authority is exercising functions in relation service that is free and based on need, not ability to pay. to England and Wales, of references to the Welsh Ministers and the Secretary of State acting concurrently What matters to patients is not only how the NHS with each other and jointly with the Scottish Ministers. works, but, more importantly, the improvements that (5) In subsections (3) and (4), “cross-border Special Health the modernisations will energise—a stronger patient Authority” means a Special Health Authority which is established voice, clinical leadership, shared NHS and local government under the National Health Service Act 2006 and the National leadership in improving public health, and innovation Health Service (Wales) Act 2006 by virtue of— and enterprise in clinical services. Everyone will benefit (a) paragraph 1(2) of Schedule 2 to the National Health from the fruit that the Bill and the reforms bring. There Service (Consequential Provisions) Act 2006, or will be improved survival rates, a personalised service (b) the power under section 28 of the National Health tailored to the choices and needs of patients, better Service Act 2006 and the power under section 22 of access to the right care at the right time, and meaningful the National Health Service (Wales) Act 2006 being information to support decisions. The Bill provides the exercised together.’. constitution and structure that the NHS needs to work Amendment 398, page 413, line 7, leave out from for the long term. ‘services),’ to end of line 10 and insert ‘omit subsection (4)’. Patients know that it is their doctors and nurses—the Amendment 399, page 413, line 16, leave out from people in whom they place their trust—who make the ‘services),’ to end of line 19 and insert ‘omit subsection (4)’. best decisions about their individual care. The Bill is Amendment 400, page 416, line 42, at end insert— about helping those people to become leaders. It is not ( ) omit sub-paragraph (i),’. about turning medical professionals into managers or administrators, but about turning the NHS from a Amendment 401, page 416, line 44 [Schedule 22], top-down administrative pyramid with managers and leave out ‘after sub-paragraph (i)’ and insert ‘before administrators at its zenith into a clinically led service sub-paragraph (j)’.—(Mr Lansley.) that is responsive to patients, with management support on tap, not on top. It is about putting real power into Schedule 23 the hands of patients, ensuring that there truly is “no decision about me without me”. My only motivation is PROPERTY TRANSFER SCHEMES to safeguard and strengthen the NHS, and that is why I am convinced that the principles of this modernisation Amendment made: 402, page 418, line 41, column 2, are necessary. at end insert— ‘A Special Health Authority Of course, the Bill has been through a long passage. There have been questions and new ideas, and many A qualifying company’.—(Mr Lansley.) concerns and issues have been raised. We have done Third Reading throughout, and will continue to do, what all Governments should do—listen, reflect, then respond and improve. 6.31 pm The scrutiny process to this point has been detailed and Mr Lansley: I beg to move, That the Bill be now read forensic. There were the original 6,000 responses to the the Third time. White Paper consultation, many public and stakeholder meetings and 28 sittings in Committee, after which the The national health service is among our most valued hon. Member for Halton (Derek Twigg) acknowledged and loved institutions. Indeed, it is often described as that “every inch” of the Bill had been scrutinised, but the closest thing we have to a national religion. I am not we were still none the less determined to listen, reflect sure that that was always intended to be complimentary, and improve. but I think it should be. People in this country believe in the NHS wholeheartedly, share in its values and the I wish to thank the NHS Future Forum, under Steve social solidarity it brings, and admire the doctors, nurses Field’s leadership, for its excellent and continuing work. and staff who work in it. I also thank more than 8,000 members of the public, It is because I share that belief that I am here. Over health professionals and representatives of more than eight years, I have supported, challenged and defended 250 stakeholder organisations who supported the Future the NHS. As a party, and now as a Government, we Forum and the listening exercise and attended some have pledged unwavering support for the NHS, both in 250 events across the country. That forum and those principle, because we believe in the values of the NHS, people represented the views of the professionals who and in a practical way because we are reforming the will implement and deliver the changes, and we accepted NHS to secure its future alongside the additional all their core recommendations. We brought the Bill £12.5 billion of taxpayer funding over the next four back to Committee—the first such Bill since 2003—and years that we have pledged for the NHS in England. we have continued to listen and respond positively. The Bill is better and stronger as a result. Nicola Blackwood (Oxford West and Abingdon) (Con): Will my right hon. Friend give way? Mr Cash: Will my right hon. Friend give way? 491 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 492 (Re-committed) Bill (Re-committed) Bill Mr Lansley: No. 6.39 pm At the heart of the changes is support for clinical John Healey (Wentworth and Dearne) (Lab): This leadership, which has always been key in putting health Government and this Bill are giving health reform a bad professionals, and not only managers, at the heart of name. The Bill is unwanted and unnecessary. It is reckless decision making in the NHS. That was why we strengthened to force through the biggest reorganisation in NHS the Bill to ensure that all relevant health professionals history at the same time as finances are tight and would be involved in the design and commissioning of pressures on the health service are growing. The big services at every level and in the leadership of clinical quality and efficiency challenges that the NHS must commissioning groups. They will also be brought together meet, and the changes that the NHS must make for the through clinical networks on specific conditions and future, will be made harder and not easier because of services, as they often are now, such as in the case of the Bill. cancer networks. They will be brought together in broad geographic areas, through new clinical senates, to look I thank my shadow ministerial team, who have done across services and advise. such a sterling job. I also thank my Back-Bench colleagues The Bill was strong in transparency and openness who served on not just one, but two Public Bill Committees, from the outset, and that now flows through every and all my Back-Bench colleagues, who have given such aspect of modernisation. Indeed, the Future Forum is strong support to the Opposition in the House. taking forward another of our central principles of I should also pay tribute, if I may, to the stamina of reform, which is to develop high-quality and integrated the ministerial team, but I say this to them: we will not services. Properly integrated services are essential for let up now, because in 13 years of Labour reform and the quality of individual care and for the most efficient investment, people saw huge improvements in the NHS, operation of the NHS. That was why we proposed the lowest ever waiting times, and the highest ever health and well-being boards, to bring together all the patient satisfaction; but in this the first year of this people who are crucial to improving health across an Tory-Lib Dem Government, people have instead seen area and having a real impact on the causes of ill health. the NHS starting to go backwards. They have seen the We can bear down on the inequalities in health that Prime Minister breaking the very personal promise that widened under the previous Government. he gave at the election to protect the NHS. As we heard The Bill now makes our commitment to integration at Prime Minister’s questions today, he and his team are explicit. Clinical commissioning groups will have a duty in denial about the damage that his Government are to promote integrated health and social care based doing to the NHS and the scale of criticism and opposition around the needs of their users, and we will encourage to it. greater integration with social care by ensuring that The Prime Minister’s pause to listen was supposed to CCG boundaries do not cross those of local authorities have won back public support and confidence among without a clear rationale. NHS staff. He failed. It is true that changes have been The Bill has deserved the attention and passion that made to the Bill, but they make the NHS plans more it has attracted, and which I am sure it will continue to complex, more costly and more confused. Millions of attract. I thank all Members who have taken part in the pounds will be wasted on new bureaucracy when it scrutiny of it on Second Reading, in Committee, on could and should be spent on patient care. recommittal and during the past two days. I especially thank my ministerial colleagues, who have steered the As the House is asked to approve the Bill on Third debates and led the preparation of and speaking on the Reading tonight, the essential elements of the Tory Bill. I thank all colleagues throughout the House who long-term plans to see the NHS broken up as a national have contributed, especially many of my colleagues who public service, and set up as a full-scale market, are still I know have given an enormous amount of time, energy in place. First, on the market, a new regulator will and hard work to supporting the Bill. I also thank the enforce competition law on the NHS for the first time, Whips. and it will have the power to fine hospitals 10% of their I thank the Officers of the House and, especially on turnover for working together. The Office of Fair Trading this occasion, my departmental officials who have responded will oversee mergers if a hospital’s turnover tops £70 million. tirelessly not only to our requests for information and There will be no cap on the number of private patients advice but to those of many hon. Members and thousands that are treated in our NHS hospitals as NHS patients of people across the country and in stakeholder wait longer. That means more legal challenges from organisations. competition lawyers, more privatisation and the closure The intensity of debate and the brightness of the of NHS services and hospitals. It means that much of spotlight shone upon the Bill have made it a better Bill the planning, collaboration and integration that is at than when it was first laid before the House. I believe the heart of the best of our NHS today will be very that it will set the NHS in England on a path of much harder, and perhaps illegal, in future. excellence, with empowered patients, clinical leadership Secondly, the Bill betrays a founding principle of the and a relentless focus on quality. Let us look at what we NHS. For 65 years, people have known that the Secretary have already achieved as a Government: more investment of State and the Government whom they elect are in the NHS, higher quality despite increased demand, responsible for the definition and provision of a waiting times remaining low, MRSA at the lowest level comprehensive health service. The Bill passes that power ever, mixed-sex accommodation breaches plummeting, to at least 250 local commissioning groups and stops and thousands more people getting access to cancer the Secretary of State directing them as to the services drugs. The Bill will pave the way for even more progress that they must provide for patients. It makes the towards the world-class NHS that patients want, which Government unaccountable for what health services are will be able to deliver results that are truly among the provided and unable to guarantee patients a universal best in the world. I commend it to the House. service. It is a fundamental and founding principle that 493 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 494 (Re-committed) Bill (Re-committed) Bill [John Healey] neither clinicians nor the public will allow privatisation to happen. They do not want it to happen, and neither our NHS is a national service, equally there for all, do Members of this House. whoever we are, wherever we live. This Bill takes the PCTs and foundation trusts did not meet in public, “national” out of the national health service. but they will do so in future, and it is the public and In January on Second Reading, I said of the patients who will ensure that the NHS is safe in the Government’s NHS plans that the more people learn hands of the Conservatives and the Liberal Democrats. about them, the less they like them. That was true then and it is true now, despite the many changes to the Mr Deputy Speaker (Mr Nigel Evans): That is the legislation. These are the wrong reforms at the wrong length of speech that we like. time, driven by the wrong ideology. Labour will continue 6.47 pm to lead the challenge against these plans in the other place, and we will oppose this Bill tonight on Third Rosie Cooper: I fear that for all the listening, the work Reading. of the Future Forum, the concerns voiced by health professionals and our constituents who rely on the Several hon. Members rose— health service, and the two days of debate in this place, we have ended up on Third Reading with something Mr Deputy Speaker (Mr Nigel Evans): Order. As that is not substantively different from the original idea. Members will see, we have only a very short time before Although it is three times longer than the National I put the Question, so could they please be very pithy Health Service 1946 Act, which created the NHS, the and short in their contributions in order to get as many Bill before us leaves us with more questions than answers. Members in as possible? I suspect that that will remain the case for some time, as the Government have indicated that more amendments 6.45 pm will be tabled. Dr Sarah Wollaston (Totnes) (Con): The hon. Member It is astonishing that we have progressed from a Bill for Bethnal Green and Bow (Rushanara Ali) spoke of that was never meant to be, because the Conservative health inequalities in her constituency. Perhaps she party had promised no top-down changes to the NHS, should look at the King’s Fund’s annual review of NHS to the Conservatives’ having a supposedly well-thought-out performance between 1997 and 2010, which plan—which required a pause because of the sheer scale of the public’s and medical professions’ opposition—and “identified the lack of progress in reducing health inequalities as the most significant health policy failure of the last decade.” then to the Bill that we have today, which needs more amendments. Sadly, the changes are not substantive Opposition Members should bear that in mind when enough. The Minister told us yesterday that 715 of the they talk of a two-tier health service, because they fail 1,000 amendments were intended merely to change to focus on outcomes and they fail to focus on inequalities. the words “commissioning consortia” to “clinical I welcome the duty of the Secretary of State, the commissioning groups”. I believe that the public, clinicians NHS commissioning board and clinical commissioning and those of us who could see right through the Bill groups to have regard to reducing health inequalities. were looking for something more substantive when the Let us see something done about that scandal. I also Government stopped to pause and promised to listen to welcome the work of the NHS Future Forum in setting people’s concerns. out the central dilemma surrounding the role of the The Health and Social Care Bill that we now have is Secretary of State. The NHS should be freed from still as confused and muddled as on the day it was first day-to-day political interference, but it must also be brought before the House. I expect that Ministers hoped clear that the Secretary of State retains ultimate to confuse and bore people into submission. Disgracefully, responsibility. the Government began to change the NHS structures without the consent of the people even before they Debbie Abrahams (Oldham East and Saddleworth) produced the Bill, and they continue to do so even (Lab): Will the hon. Lady give way? though it has not passed through this House or proceeded to the other place—where it is to be hoped that it will Dr Wollaston: I will not, because so many Members receive the thorough and tough consideration that we are waiting to speak. should have had the time to give it here. There has been real scaremongering about, in particular, What we have is a Bill that is high on autonomy and the difference between the duty to provide and the duty low on accountability. It is supposed to be built on the to secure provision, but I believe that the wording principles of efficiency, reducing bureaucracy and cutting simply reflects the reality. The key issue is the line out waste, yet I do not believe it achieves any of them. between the ability to step in if things go wrong, and the In fact, in practice it does the opposite. The Bill will very real need for politicians to step back and let leave us with an organisational malaise, as the number clinicians and patients take control. of bodies and organisations significantly increases, with I shall cut my speech short because I have been asked the relationship between them all being complex and to be brief, but let me end by saying that, for three clear incoherent and severely lacking in detail and accountability. reasons, I would not be supporting the Bill if I thought The Bill leaves us with a financial challenge that has that it would lead to the privatisation of the NHS. never been achieved in any health economy anywhere in [HON.MEMBERS: “Have you read it?”] I assure Members the world at the same time as removing great swathes of that I have read it in great detail. the people with the experience and skills to deliver this Let me give those three clear reasons. First, clinicians outcome. The Secretary of State said that he admired will be in charge of commissioning. Secondly, the public NHS employees. If that is so, why have his policies led will be able to see what clinicians are doing. Thirdly, to so many of them losing their jobs? 495 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 496 (Re-committed) Bill (Re-committed) Bill The Bill will leave the NHS open to European Secondly, as my hon. Friend the Member for Totnes competition regulation, all of which will be overseen by (Dr Wollaston) said, the Bill puts clinicians at the heart an economic regulator enforcing competition who appears of commissioning. When the Bill was recommitted, my to think the system can be based on an outdated and researcher said to me, “This Bill is a gift that keeps on failing regulatory model like that of the utilities sector, giving.” Now it is time for this present to be handed and whose accountability to Parliament and the Secretary over to the other place, but it needs to reach the statute of State is unclear. Ultimately, I believe the Bill has been book and we need to implement it on the ground. I have driven forward as an ideological exercise, rather than heard nothing from the Opposition in the past eight through a desire to improve the quality of health care months to convince me that this Bill should not receive available to the people of this country. The Government its Third Reading and get on to the statute book, and I could have achieved the changes they said they wanted urge all hon. Members to support it. without all this structural mayhem, such as by reducing the number of primary care trusts, changing the make-up Mr Deputy Speaker (Mr Nigel Evans): I am grateful of the boards and putting clinicians firmly in the driving for that short speech. I ask for another short speech seat, but perhaps that was not macho enough. from Kevin Barron. This evening, the Government are in serious danger of consigning to the bin 13 years of progress, in which 6.55 pm patients were being treated within four hours in accident Mr Barron: I have been a Member of this House for and emergency and were guaranteed an operation with 28 years and I have been active in different parts of 18 weeks. Tonight, I genuinely fear that the Bill before health policy for many years, and I have never seen any us will be the equivalent not of throwing a grenade into Bill—not just any health Bill—come to this House so the NHS, but of pushing the button on the nuclear ill-prepared to be put on to the statute book. I served option: a completely disproportionate response to the during the two stages of the Public Bill Committee. challenges facing the NHS. Largely, I asked questions where I wanted explanations, In my speech on Report, I referred to the former but I got very few answers. As was said earlier today, NHS employee Roy Lilley and his blog. Today, he takes part 3 remains in this Bill and its 97 clauses bring in a quote from Mary Anne Evans, otherwise known as economic regulation. Only nine of those clauses have the novelist George Eliot: been amended since the Future Forum met and said “It is never too late to be who you might have been.” that we were in deep trouble with this. I therefore urge the Liberal Democrat Members of this What did the Future Forum ask for? It recommended House to consider whether they genuinely believe this that Monitor’s powers should Bill will deliver a better, more caring and more patient-led “promote choice, collaboration and integration.” NHS. Monitor’s powers have changed somewhat, but the major Earlier in the debate there were suggestions of change that occurred during the second part of the scaremongering, so let me be clear: I am not scared; I Committee stage was that the Government took away am terrified—terrified that this Conservative Government Monitor’s power to promote competition and gave it a will kill off the NHS, a system of health care that is new power to prevent anti-competitive behaviour. Perhaps, envied throughout the world and that is being threatened at some stage, somebody will be able to tell me what that for the sake of ideology. I am not scaremongering when means. Perhaps somebody will also be able to tell me I say that if this Government destroy the NHS, they will the answer to something I asked in the first sitting of never be forgiven. the Public Bill Committee: what do the Competition Commission and the Office of Fair Trading have to do 6.53 pm with the mergers of two NHS trusts? The relevant Minister said at the time that that was a good question, Nicky Morgan (Loughborough) (Con): In yesterday’s but I have not heard it answered since. debate the right hon. Member for Holborn and St Pancras I must say, with all due respect, that no Labour (Frank Dobson) said of the NHS that he believed that Member argued that the NHS is perfect, nor would I do in most parts of the country and most of the time it so. But this Bill is a dog’s dinner. The national health does a good job for people, but I want to see it doing an service and the nation do not deserve it, and I will vote excellent job for people in all parts of the country all the against it tonight. time, and that is what this Bill will achieve. Having served on the Bill Committee, it is a great sadness to me 6.57 pm that that message, and the fact that patients will be at the heart of the NHS, has been lost in the months of Mr Stephen Dorrell (Charnwood) (Con): Like my scaremongering—a word used by the last speaker—and hon. Friend the Member for Totnes (Dr Wollaston), I wrangling by those who have campaigned against it and would vote against the Bill if I thought that it was going have obscured all such messages. That has been totally to promote the privatisation of the NHS. One thing unfair to the patients who rely on the NHS. that this Bill has in common with every health Bill I I briefly want to make two points. First, Members have attended in 21 years is that its opponents claim who served on the Committee will know of my passion that it is about privatisation, but it is about nothing of for getting the right treatment for mental health patients, the kind. and at a meeting of the all-party group on mental As the Secretary of State made clear, this is a different health yesterday the Bill was described by GPs as a Bill, in some important respects, from the Bill that was great opportunity: an opportunity for the integration of first presented. First, the Bill introduces a statutory primary and secondary care—something they have not duty to promote the integration of health and social had before, and that will now be achieved. care—Labour Ministers talked about that but never 497 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 498 (Re-committed) Bill (Re-committed) Bill [Mr Stephen Dorrell] Burns, rh Mr Simon Griffiths, Andrew Burrowes, Mr David Gummer, Ben delivered it. Secondly, the Bill introduces new safeguards Burstow, Paul Gyimah, Mr Sam against cherry-picking by private sector providers—Labour Burt, Lorely Hague, rh Mr William Members say they were against cherry-picking but they Byles, Dan Halfon, Robert never introduced such safeguards. Thirdly, the Bill Cable, rh Vince Hames, Duncan Cairns, Alun Hammond, rh Mr Philip introduces new safeguards in respect of the continuity Cameron, rh Mr David Hammond, Stephen of essential services provided by private providers, who Campbell, rh Sir Menzies Hancock, Matthew were introduced by Labour into the delivery of health Carmichael, rh Mr Alistair Hands, Greg and social care—such safeguards were never provided Carmichael, Neil Harper, Mr Mark by Labour. Fourthly, the Bill makes real a commitment Carswell, Mr Douglas Harrington, Richard to the introduction of the clinical leadership of Chishti, Rehman Harris, Rebecca commissioning—Labour talked about that in office but Chope, Mr Christopher Hart, Simon never in reality delivered it. So this is a Bill that has been Clappison, Mr James Harvey, Nick changed and improved as it has gone through the Clark, rh Greg Haselhurst, rh Sir parliamentary process. Clarke, rh Mr Kenneth Alan Clegg, rh Mr Nick Hayes, Mr John Let us not belittle the extent to which the Bill actually Clifton-Brown, Geoffrey Heald, Oliver builds upon the same policies that were pursued by Coffey, Dr Thérèse Heath, Mr David Labour in government: a policy of the extension of Collins, Damian Heaton-Harris, Chris commissioning to act on behalf of the patient and the Colvile, Oliver Hemming, John taxpayer; a policy to promote the development of Cox, Mr Geoffrey Henderson, Gordon foundation trusts as the best way of delivering care. Crabb, Stephen Herbert, rh Nick This Bill takes 20 years of consistent development of Crockart, Mike Hinds, Damian policy and converts the words of Labour Ministers into Crouch, Tracey Hoban, Mr Mark reality. That is why I support its Third Reading tonight. Davey, Mr Edward Hollingbery, George Davies, Glyn Hollobone, Mr Philip 6.59 pm Davies, Philip Hopkins, Kris de Bois, Nick Howarth, Mr Gerald Mr Michael Meacher (Oldham West and Royton) Djanogly, Mr Jonathan Howell, John (Lab): Extremely briefly, I want to put on record my Dorrell, rh Mr Stephen Hughes, rh Simon view that the Government’s handling of this Bill has Doyle-Price, Jackie Huhne, rh Chris been a monumental abuse of the principles of accountability Drax, Richard Hunt, rh Mr Jeremy in this House. It was sprung on an unsuspecting nation Duddridge, James Hurd, Mr Nick after an election in which there was no mention whatsoever Duncan, rh Mr Alan Jackson, Mr Stewart of these proposals, after an air-brushed Cameron advert Duncan Smith, rh Mr James, Margot said, “I will cut the deficit, not the NHS.” Despite those Iain Javid, Sajid Dunne, Mr Philip Jenkin, Mr Bernard misleading signals, there has been no commission of Ellis, Michael Johnson, Gareth inquiry to examine its philosophy or ideology, no proposal Ellison, Jane Johnson, Joseph to pilot it— Ellwood, Mr Tobias Jones, Andrew Eustice, George Jones, Mr David 7pm Evans, Graham Kawczynski, Daniel Debate interrupted (Programme Order, 6 September). Evans, Jonathan Kelly, Chris Evennett, Mr David Kirby, Simon The Deputy Speaker put forthwith the Question already Fabricant, Michael Knight, rh Mr Greg proposed from the Chair (Standing Order No. 83E), Fallon, Michael Kwarteng, Kwasi That the Bill be now read the Third time. Field, Mr Mark Laing, Mrs Eleanor The House divided: Ayes 316, Noes 251. Foster, rh Mr Don Lamb, Norman Fox,rhDrLiam Lancaster, Mark Division No. 342] [7 pm Francois, rh Mr Mark Lansley, rh Mr Andrew Freeman, George Latham, Pauline AYES Freer, Mike Laws, rh Mr David Adams, Nigel Birtwistle, Gordon Fullbrook, Lorraine Leadsom, Andrea Afriyie, Adam Blackman, Bob Fuller, Richard Lee, Jessica Alexander, rh Danny Blackwood, Nicola Garnier, Mr Edward Lee, Dr Phillip Amess, Mr David Blunt, Mr Crispin Garnier, Mark Leech, Mr John Arbuthnot, rh Mr James Boles, Nick Gauke, Mr David Lefroy, Jeremy Bacon, Mr Richard Bone, Mr Peter Gibb, Mr Nick Leigh, Mr Edward Baker, Norman Bradley, Karen Gilbert, Stephen Leslie, Charlotte Baker, Steve Brady, Mr Graham Gillan, rh Mrs Cheryl Letwin, rh Mr Oliver Baldry, Tony Brake, rh Tom Glen, John Lewis, Brandon Baldwin, Harriett Bray, Angie Goldsmith, Zac Lewis, Dr Julian Barclay, Stephen Brazier, Mr Julian Goodwill, Mr Robert Liddell-Grainger, Mr Barwell, Gavin Bridgen, Andrew Gove, rh Michael Ian Beith, rh Sir Alan Brine, Mr Steve Graham, Richard Lidington, rh Mr David Bellingham, Mr Henry Brokenshire, James Grant, Mrs Helen Lilley, rh Mr Peter Benyon, Richard Bruce, Fiona Grayling, rh Chris Lloyd, Stephen Beresford, Sir Paul Buckland, Mr Robert Green, Damian Lopresti, Jack Berry, Jake Burley, Mr Aidan Greening, Justine Lord, Jonathan Binley, Mr Brian Burns, Conor Grieve, rh Mr Dominic Loughton, Tim 499 Health and Social Care 7 SEPTEMBER 2011 Health and Social Care 500 (Re-committed) Bill (Re-committed) Bill Luff, Peter Shapps, rh Grant NOES Macleod, Mary Sharma, Alok Abbott, Ms Diane Doyle, Gemma Main, Mrs Anne Shelbrooke, Alec Abrahams, Debbie Dromey, Jack Maude, rh Mr Francis Shepherd, Mr Richard Ainsworth, rh Mr Bob Dugher, Michael May, rh Mrs Theresa Simmonds, Mark Alexander, rh Mr Douglas Durkan, Mark Maynard, Paul Simpson, Mr Keith Alexander, Heidi Eagle, Ms Angela McCartney, Jason Skidmore, Chris Ali, Rushanara Eagle, Maria McCartney, Karl Smith, Miss Chloe Allen, Mr Graham Edwards, Jonathan McIntosh, Miss Anne Smith, Henry Anderson, Mr David Efford, Clive McLoughlin, rh Mr Patrick Smith, Julian Ashworth, Jonathan Elliott, Julie McPartland, Stephen Soames, rh Nicholas Austin, Ian Ellman, Mrs Louise McVey, Esther Soubry, Anna Bailey, Mr Adrian Engel, Natascha Mensch, Louise Spelman, rh Mrs Caroline Bain, Mr William Esterson, Bill Menzies, Mark Spencer, Mr Mark Balls, rh Ed Evans, Chris Mercer, Patrick Stanley, rh Sir John Banks, Gordon Field, rh Mr Frank Metcalfe, Stephen Stephenson, Andrew Barron, rh Mr Kevin Flello, Robert Mills, Nigel Stevenson, John Bayley, Hugh Flint, rh Caroline Milton, Anne Stewart, Bob Beckett, rh Margaret Flynn, Paul Mitchell, rh Mr Andrew Stewart, Iain Begg, Dame Anne Fovargue, Yvonne Moore, rh Michael Stewart, Rory Bell, Sir Stuart Francis, Dr Hywel Mordaunt, Penny Streeter, Mr Gary Benn, rh Hilary Gapes, Mike Morgan, Nicky Stride, Mel Benton, Mr Joe Gardiner, Barry Morris, Anne Marie Stuart, Mr Graham Berger, Luciana George, Andrew Morris, David Stunell, Andrew Betts, Mr Clive Gilbert, Stephen Morris, James Sturdy, Julian Blackman-Woods, Roberta Gilmore, Sheila Mosley, Stephen Swales, Ian Blears, rh Hazel Glass, Pat Mowat, David Swayne, rh Mr Desmond Blenkinsop, Tom Glindon, Mrs Mary Munt, Tessa Swinson, Jo Blunkett, rh Mr David Goggins, rh Paul Murray, Sheryll Swire, rh Mr Hugo Brennan, Kevin Goodman, Helen Murrison, Dr Andrew Syms, Mr Robert Brown, rh Mr Gordon Greatrex, Tom Neill, Robert Tapsell, rh Sir Peter Brown, Lyn Green, Kate Newmark, Mr Brooks Teather, Sarah Brown, rh Mr Nicholas Greenwood, Lilian Newton, Sarah Thurso, John Brown, Mr Russell Griffith, Nia Nokes, Caroline Timpson, Mr Edward Bryant, Chris Gwynne, Andrew Norman, Jesse Tomlinson, Justin Buck, Ms Karen Hain, rh Mr Peter Nuttall, Mr David Tredinnick, David Burden, Richard Hamilton, Mr David O’Brien, Mr Stephen Turner, Mr Andrew Burnham, rh Andy Hamilton, Fabian Offord, Mr Matthew Tyrie, Mr Andrew Byrne, rh Mr Liam Hanson, rh Mr David Ollerenshaw, Eric Uppal, Paul Campbell, Mr Alan Harman, rh Ms Harriet Opperman, Guy Vaizey, Mr Edward Campbell, Mr Ronnie Harris, Mr Tom Osborne, rh Mr George Vickers, Martin Caton, Martin Havard, Mr Dai Ottaway, Richard Villiers, rh Mrs Theresa Chapman, Mrs Jenny Healey, rh John Paice, rh Mr James Wallace, Mr Ben Clark, Katy Hendrick, Mark Parish, Neil Walter, Mr Robert Clwyd, rh Ann Hepburn, Mr Stephen Patel, Priti Ward, Mr David Coaker, Vernon Hermon, Lady Paterson, rh Mr Owen Watkinson, Angela Coffey, Ann Heyes, David Penning, Mike Weatherley, Mike Connarty, Michael Hillier, Meg Penrose, John Webb, Steve Cooper, Rosie Hilling, Julie Percy, Andrew Wharton, James Cooper, rh Yvette Hodge, rh Margaret Perry, Claire Wheeler, Heather Corbyn, Jeremy Hodgson, Mrs Sharon Pickles, rh Mr Eric Crausby, Mr David Hoey, Kate Pincher, Christopher White, Chris Whittaker, Craig Creagh, Mary Hopkins, Kelvin Poulter, Dr Daniel Creasy, Stella Hunt, Tristram Whittingdale, Mr John Pritchard, Mark Cruddas, Jon Huppert, Dr Julian Wiggin, Bill Raab, Mr Dominic Cryer, John Irranca-Davies, Huw Willetts, rh Mr David Randall, rh Mr John Cunningham, Alex Jackson, Glenda Williams, Mr Mark Reckless, Mark Cunningham, Mr Jim James, Mrs Siân C. Redwood, rh Mr John Williams, Roger Cunningham, Tony Jamieson, Cathy Rees-Mogg, Jacob Williams, Stephen Curran, Margaret Johnson, rh Alan Reid, Mr Alan Williamson, Gavin Dakin, Nic Johnson, Diana Rifkind, rh Sir Malcolm Willott, Jenny Danczuk, Simon Jones, Graham Robathan, rh Mr Andrew Wilson, Mr Rob Darling, rh Mr Alistair Jones, Helen Robertson, Hugh Wollaston, Dr Sarah De Piero, Gloria Jones, Mr Kevan Robertson, Mr Laurence Wright, Jeremy Denham, rh Mr John Jones, Susan Elan Rosindell, Andrew Wright, Simon Dobbin, Jim Jowell, rh Tessa Rudd, Amber Yeo, Mr Tim Dobson, rh Frank Joyce, Eric Ruffley, Mr David Young, rh Sir George Docherty, Thomas Kaufman, rh Sir Gerald Russell, Bob Zahawi, Nadhim Dodds, rh Mr Nigel Keeley, Barbara Rutley, David Donaldson, rh Mr Jeffrey M. Kendall, Liz Sandys, Laura Tellers for the Ayes: Donohoe, Mr Brian H. Khan, rh Sadiq Scott, Mr Lee Mr Shailesh Vara and Doran, Mr Frank Lammy, rh Mr David Selous, Andrew Mark Hunter Dowd, Jim Lavery, Ian 501 Health and Social Care 7 SEPTEMBER 2011 502 (Re-committed) Bill Lazarowicz, Mark Reed, Mr Jamie Access to a Lawyer Leslie, Chris Reeves, Rachel Lewis, Mr Ivan Reynolds, Emma Lloyd, Tony Reynolds, Jonathan 7.14 pm Llwyd, rh Mr Elfyn Riordan, Mrs Linda The Parliamentary Under-Secretary of State for Justice Long, Naomi Robertson, John (Mr Jonathan Djanogly): I beg to move, Love, Mr Andrew Robinson, Mr Geoffrey That this House takes note of European Union Document Lucas, Caroline Rotheram, Steve No. 11497/11 and Addenda 1 and 2 relating to the Draft Directive Lucas, Ian Roy, Mr Frank of the European Parliament and of the Council on the right of Mactaggart, Fiona Roy, Lindsay access to a lawyer in criminal proceedings and on the right to Mahmood, Shabana Ruane, Chris communicate upon arrest; and supports the Government’s Mann, John Ruddock, rh Joan recommendation not to opt into the Directive in accordance with Marsden, Mr Gordon Sanders, Mr Adrian Protocol (No. 21) on the position of the United Kingdom and McCabe, Steve Sarwar, Anas Ireland in respect of the Area of Freedom, Security and Justice to McCann, Mr Michael Seabeck, Alison the Treaty on European Union and the Treaty on the Functioning McCarthy, Kerry Shannon, Jim of the European Union. McClymont, Gregg Sharma, Mr Virendra I commend the European Scrutiny Committee for McDonagh, Siobhain Sheerman, Mr Barry calling this debate. As set out in the coalition agreement, McDonnell, Dr Alasdair Sheridan, Jim McDonnell, John Shuker, Gavin the Government approach criminal justice legislation McFadden, rh Mr Pat Slaughter, Mr Andy case by case, with a view to maximising our country’s McGovern, Alison Smith, rh Mr Andrew security, protecting Britain’s civil liberties and preserving McGovern, Jim Smith, Nick the integrity of our criminal justice system. The Government McGuire, rh Mrs Anne Smith, Owen recommend that the UK should not opt into this proposed McKechin, Ann Spellar, rh Mr John measure at the start of negotiations, not because we do McKenzie, Mr Iain Straw, rh Mr Jack not think that minimum standards of defence rights, McKinnell, Catherine Stringer, Graham including access to a lawyer, and the right to communicate Meacher, rh Mr Michael Stuart, Ms Gisela on arrest, including with consular authorities, are Meale, Sir Alan Sutcliffe, Mr Gerry important—of course, we do—and not because we Mearns, Ian Tami, Mark disagree in principle with the setting of common, minimum Michael, rh Alun Thomas, Mr Gareth standards across the EU in respect of certain aspects of Miliband, rh David Thornberry, Emily criminal proceedings. On the contrary, we see the benefit Miliband, rh Edward Timms, rh Stephen Miller, Andrew Trickett, Jon of appropriate minimum standards. For that reason, Mitchell, Austin Turner, Karl the UK opted into the first two measures on the procedural Moon, Mrs Madeleine Twigg, Derek rights road map on interpretation and translation and Morrice, Graeme (Livingston) Twigg, Stephen the right to information in criminal proceedings. We are Morris, Grahame M. Umunna, Mr Chuka not making this recommendation because we fear that (Easington) Vaz, Valerie our law does not meet the minimum standards required Mudie, Mr George Walley, Joan by the European convention on human rights—it does. Mulholland, Greg Watson, Mr Tom The reason we do not propose to opt into this measure Munn, Meg Watts, Mr Dave at the outset of negotiations is that we think that the Murphy, rh Mr Jim Whitehead, Dr Alan directive as published by the Commission would have Murphy, rh Paul Wicks, rh Malcolm an adverse effect on our ability to investigate and prosecute Murray, Ian Williams, Hywel offences effectively. It is important that action is taken Nandy, Lisa Williamson, Chris to ensure that the standards of procedural rights across Nash, Pamela Wilson, Sammy O’Donnell, Fiona Winnick, Mr David the EU are adequate. That is necessary for two reasons: Onwurah, Chi Winterton, rh Ms Rosie first, to ensure that, as people travel through the EU, Osborne, Sandra Wood, Mike they can be confident that in the event that they are Owen, Albert Woodcock, John unfortunate enough to become subject to the criminal Pearce, Teresa Wright, David justice system of another member state, they will be Perkins, Toby Wright, Mr Iain dealt with fairly and in accordance with robust minimum Phillipson, Bridget standards; and, secondly, the EU has chosen to develop Pound, Stephen Tellers for the Noes: a series of mutual recognition measures designed to Qureshi, Yasmin Phil Wilson and promote security by helping to combat crime and ensuring Raynsford, rh Mr Nick Angela Smith that suspected offenders cannot use European borders as a way to escape justice. Question accordingly agreed to. Bill read the Third time and passed. Mr William Cash (Stone) (Con): The Minister has twice used the words, “at the outset of proceedings”. Being something of an old hand at this sort of thing, I wonder whether that means that he proposes to opt in later. Perhaps he will bear in mind the problem that some other member states have judicial systems that are, quite frankly, below par.

Mr Djanogly: Indeed they do have systems that are below par, which is why we are keen for the measure to proceed across the EU. We will decide at a later date whether Britain opts in, subject to the negotiations that 503 Access to a Lawyer7 SEPTEMBER 2011 Access to a Lawyer 504 will take place. If my hon. Friend listens to what I have The directive also requires absolute confidentiality of to say a bit further, he will hear how we propose to look meetings and communications between a lawyer and a at that process. suspected or accused person. While confidentiality of This is a good, practical idea that has delivered some such discussions is of course a fundamental principle, notable results, provided that it does not put suspects at there are some limited circumstances in which confidentiality risk of less-than-adequate criminal proceedings. Such should not be guaranteed. The most obvious example is instruments of mutual recognition were never intended where the authorities have reason to believe that the to operate on their own. It was intended that they meeting or correspondence is being abused to further should be supported by a series of criminal procedural criminal activity. In such circumstances, which are rights, enforceable at EU level, that would build on the exceptional but none the less extremely serious, the rights already guaranteed by the ECHR and provide communications ought not to be privileged and the additional reassurance that the rights were being given authorities might need to monitor them. practical effect in all member states. These standards We also believe that member states should be allowed will not only protect British nationals when they are to derogate from other rights set out in the directive, in arrested elsewhere in the EU but will provide greater certain exceptional circumstances. For example, it might trust and confidence among the courts of all EU states not be appropriate to allow a person in custody to that judgments handed down, which they may be expected contact a particular individual if the police might have to recognise, have been made on the basis of sound reason to believe that he will ask that person to conceal procedural standards. or destroy evidence. The ECHR case law has been clear that restrictions can be imposed on access to a lawyer Standards of procedural rights are high in the UK. for an accused person if there are compelling reasons to The right of access to a lawyer, both before and during do so. police interview, has been provided in England and Wales and Northern Ireland since the mid 1980s. A We do not think that the drafting allows enough similar right was provided for in Scotland last year. discretion for judges to decide case by case whether However, despite the fact that we see value in the evidence should be admissible if it has been obtained in Commission tabling such a measure, we have considerable breach of any of the rights set out in the directive. concerns about the detail of the directive and the impact Jim Shannon (Strangford) (DUP): In some of the its drafting would have on the UK’s criminal justice documentation and information that Members received systems. before the debate, there seemed to be a question about The procedural rights directives are intended to draw whether citizens of the United Kingdom would be on the jurisprudence of the ECHR and to flesh out disadvantaged with regard to the high level of legal what those rights mean in practice. Certain provisions representation that they have compared with that in the of the Commission’s proposal, however, go far beyond other 26 EU countries, which seem to have agreed on a the minimum standards that stem from the convention. method and the way forward. As a Member of the While there is no problem in principle with going beyond House, I would have to ensure that my constituents had the standards of the convention if there are good practical that high level of legal representation, such that it was and policy reasons to do so, we do not see such reasons equal to that in the rest of the EU and that we were in in this case. On the contrary, we think that there would no way disadvantaged. be some quite adverse and costly impacts on the ability effectively to investigate and prosecute offenders were Mr Djanogly: The straightforward answer is that if the Commission proposal to be adopted. the other states were to go ahead with the directive and Examples of that include the fact that the directive as we did not opt in, British subjects travelling abroad drafted by the Commission may require access to a would, I suppose, have the advantage of the minimum lawyer to be provided in some stages in the investigatory standards whereas other EU citizens would not have the process where currently a lawyer is not provided, such benefits in this country. However, that is not the basis as at a police search of a property or where a person’s on which we are negotiating, because it would not be a fingerprints are taken when they are booked into a good position from which to negotiate. That is the custody suite. We do not consider it necessary or technical position. proportionate to provide a lawyer in those situations. The changes that the directive in its current drafting would require us to make to our domestic law would In addition, the directive requires that a person should not only be unnecessary, but would be highly resource- always be able to meet his lawyer face to face, whereas intensive. Our initial analysis suggests that the directive we provide, in some minor cases, for telephone access, as drafted by the Commission could cost upwards of which detained persons often prefer as it can mean that approximately £32 million to £34 million per year. I they are held for a shorter period as it is not necessary stress that the UK is not alone in having these concerns to wait for a lawyer. about the directive. The early negotiations made it clear that our concerns are shared by a good many other Kelvin Hopkins (Luton North) (Lab): The Minister member states. The incumbent Polish presidency is has covered the point that I want to make. We permit taking a sensible and pragmatic approach to negotiations, defendants to telephone for immediate advice from a and we can expect that the final product may be very lawyer. It is quick, cheap, easy and very accessible for different from the text we are looking at now and that defendants. many of the concerns that we have highlighted will be dealt with. Mr Djanogly: The hon. Gentleman makes a good Because of that, and because of the value we attach point. That is exactly the case, and if it is to be under to ensuring fair trial rights across the EU, we intend to threat we should be concerned. work very closely with other EU partners to develop a 505 Access to a Lawyer7 SEPTEMBER 2011 Access to a Lawyer 506

[Mr Djanogly] trial for anyone facing charges in a country not their own. In its research it highlights some notable examples. text that takes greater account of the practical realities I shall not spend a great deal of time on that, as it would of investigation and prosecution and allows for greater take up the time of other Members who wish to speak. flexibility in meeting the requirements of ECHR Some of the cases are familiar, such as that of Garry jurisprudence. Given the extent of our concerns with Mann, a 51-year-old fireman and football fan who was the current text, we cannot at this stage be entirely arrested in Portugal, allowed to leave the country, confident that all of them will be taken into account, subsequently arrested on an arrest warrant and imprisoned and it is for that reason that we are seeking not to opt in for two years. It was a case of mistaken identity and on at the outset. However—I say this to my hon. Friend arrest he did not have the benefit of a knowledge of the Member for Stone (Mr Cash) in direct reply to his Portuguese law, which would have allowed him a stay. question—if our concerns are taken into account in the Another case is that of Edmond Arapi, who was process of negotiation, we will be able to consider convicted in absentia of committing a murder in Italy at opting in at a later stage, as our protocol allows. Given a time when he was working in the UK. It got to the the importance that we attach to this dossier, that is point where he was about to be extradited and imprisoned something to which we will give serious thought. for a term of 16 years. Had legal advice been available Mr James Clappison (Hertsmere) (Con): My hon. to him at the time of his arrest, it would have become Friend is setting out the situation with great care and apparent much earlier that this was a clear case of extremely competently. If we were to take the decision mistaken identity. to opt into the directive, would we then be subject to the Mr Cash: I am reasonably familiar with the Arapi European Court of Justice’s jurisdiction in respect of case because it took place in Staffordshire, not far from what he described as very wide ranging matters to my constituency. Of course, the real mischief was the which we had opted in? arrest warrant itself. There was no reason whatsoever Mr Djanogly: The European Court of Justice has why that man was dealt with in that way. I think that it jurisdiction in determining how European law is to be is absolutely futile to attempt to argue the case on applied, but it is not an appeal court so it would not access to lawyers on the basis of the complete failure of constitute any type of court of appeal. the arrest warrant system. I look forward to hearing the views of hon. Members Mr Slaughter: The hon. Gentleman makes part of my on this recommendation and I commend the motion to point for me. There are concerns about the operation of the House. the European arrest warrant, but that is one of the reasons we wish to see the provision of good-quality 7.27 pm legal advice and access to lawyers throughout the European Mr Andy Slaughter (Hammersmith) (Lab): As the Union. He might have his own solution on our relations Minister says, the directive forms part of a defence with Europe, probably a rather more fundamental one rights road map agreed by the European Council in than mine or the Minister’s, but we are where we are 2009 that aims for greater harmonisation of fundamental and it is therefore important that these safeguards exist. tenets of the criminal law. We have opted in and supported I was going to mention a third case, that of John the previous two limbs of that. The current proposals Packwood. There are unfortunately a large number of concern principally the right to access to a lawyer on such cases, but those are the three famous ones that arrest, the right to have someone notified on arrest, and have featured heavily in the UK press, particularly the the right to communicate with a third party on arrest. Daily Mail, which has championed many of the cases in As such—I do not think the Minister resiled from which the most perverse decisions have been made in this—it articulates what most British people would foreign jurisdictions. For the people involved and their consider not only uncontroversial but essential civil families, the experience was a nightmare. They were in a liberties. Since 2009 the EC has sought to harmonise foreign country trying to communicate with officials these rights across Europe. I think the Government who spoke an unfamiliar language and subject to procedures welcome that. that were often summary and perverse, and yet they had Notwithstanding the points the Minister made, which no knowledge or advice with which to challenge them. I shall come to in a moment, it is difficult to see why the It should be a matter of concern to the Government to Government oppose the proposal as far as this country protect our citizens overseas and ensure that they are alone is concerned, at least for the present. If introduced, given the same consideration as we would grant citizens it would give us confidence that members of the British of other countries visiting Britain, and that they are public would be subject to due process when overseas. given the opportunity to do so and, at least for the According to the Foreign and Commonwealth Office present, decline. website, more than 19 million British nationals travel to We should not be slow to see the high standards of France every year, 13 million to Spain, 4 million to Italy justice that British people expect of our criminal justice and 2 million to Greece. Hundreds of them will, sadly, system applied to other countries. The directive would end up being arrested for a criminal offence. In Spain assist that process. After all, it was the previous Conservative more than 2,000 Britons a year are arrested for criminal Government who enacted the Police and Criminal Evidence offences. Act 1984, which provided a suspect in police custody As the Minister said, Europe is not a homogenous with a statutory right to legal advice. Section 58 of the legal environment and not all justice systems operate in Act states that a person arrested and held in police the same way or to the same standards. I am grateful custody is entitled to consult a solicitor privately at any for the briefing that Fair Trials International provided time. The detention code provides that the consultation for the debate. The organisation helps to ensure a fair may be in person, in writing or by telephone and that 507 Access to a Lawyer7 SEPTEMBER 2011 Access to a Lawyer 508 free and independent legal advice is available. Therefore, The objections that the Government have raised are the decision not to opt in to a directive that has the nugatory and susceptible to change, if there is any merit same intention as those provisions seems strange, and I in them, whereas the advantages to British citizens will move on to what the Minister says are the differences. abroad are clear and substantial. It is not good enough First, the directive’s requirements are broadly in line for the Minister to say that we can get all the benefits of with current UK legislation. Where there are divergences— the directive if it is enacted in 26 other countries, but the Minister mentioned one or two—they are negotiable. that we do not need to bother with it ourselves. That This is a process of ongoing negotiation, and in some sounds like a clear Eurosceptic “have your cake and eat cases they are subject to the requirements of national it” voice from the Minister, and I am not sure that that law. The example of searches, which the Minister gave, is what he is saying, but it is a—[Interruption.] I am not is one of those. sure that Government Members think that that is what he is saying, either, but it is a knee-jerk reaction to opt Secondly, the negotiations are continuing. As the out at this stage. Minister said, many other countries are concerned that there is inadequate room for derogation and are questioning Mr David Nuttall (Bury North) (Con): The hon. aspects of the directive. It is therefore unlikely that it Gentleman has on a couple of occasions in the past will remain in its current form. It seems pointless to couple of minutes referred to opting out of the directive, send negotiating teams, as the Minister proposes, when but we are not opting out, we are simply not opting in, we are the only country that intends to opt out at this and in fact there is a big difference, because if we opt in stage, which fatally undermines the authority and leverage we will never be able to opt out. that this country will have. We appear to be throwing away an advantage to British citizens for reasons that Mr Slaughter: The hon. Gentleman makes my point are at best unconvincing and at worst spurious. Why for me. The Minister is at least open and clear about have the Government taken this position? The Minister attempting to take the benefits. He wishes to do so, and might have seen the briefing from JUSTICE, which in that I agree with him. Appalling miscarriages of takes the Government’s points of objection and states justice occur regularly, and we want British citizens to that they are either points that can be negotiated, or be protected from that, but we cannot do so without points that the Government have got wrong. It looks as engaging. We can negotiate what are for us as a country though the Government are looking for reasons to opt relatively minor changes, if changes at all are needed, out at this stage. but if we accept the experts who briefed Justice we find that the Government have misinterpreted those minor Tomorrow, the Minister and I will meet again for the changes, to which the Minister alluded, in any event. next Committee sitting of the Legal Aid, Sentencing In the end, it comes down to this: do we wish seriously and Punishment of Offenders Bill, and I look forward to see the proposals implemented, in which case we to that in Committee Room 12 at 9 o’clock. One of the should be in the game and negotiating clearly, or do we first clauses that we will consider is clause 12, which wish to take the Government’s somewhat disingenuous gives the new director of legal aid casework and, by position tonight? For that reason, and notwithstanding extension, the Lord Chancellor the power to decide the Minister saying that he may change his mind in due who does and who does not get access to a lawyer in a course, we will oppose the Government this evening. police station—and to do so on the basis of an interests of justice test. 7.38 pm There has already been an outcry throughout the Tom Brake (Carshalton and Wallington) (LD): It is a criminal justice system at that attack on a basic right, pleasure and a relief to be called in the debate, partly which was introduced to avoid the risk of a miscarriage because I gave relatively little notice of my intention to of justice. PACE itself was in part a response to the speak, and partly because I knew I would be coming appalling miscarriages of justice of the 1970s, but, in immediately after the hon. Member for Hammersmith answer to the criticism that the Minister is taking on a (Mr Slaughter). As other Members who serve on the power that will allow the state to regulate who does and Legal Aid, Sentencing and Punishment of Offenders who does not get advice in a police station, he says that Public Bill Committee know, sometimes he gets carried he has absolutely no intention of taking away legal help away with his eloquence and might well have risked from police stations, so why is he then arrogating to eating into the entire time allocated for this debate. himself the power to do so? Obviously, I welcome the debate. As the Minister Taken together with the premature decision tonight said, the new Commission proposal seeks to guarantee to opt out of the directive while negotiations continue fair trial rights, providing access to a lawyer from the and before any decision needs to be taken, clause 12 of first stage of police questioning and throughout criminal that Bill suggests that the lessons that led to PACE are proceedings by allowing adequate confidential meetings being forgotten by this Government. between the lawyer and the suspect; by allowing the May I ask the Minister three questions, which, if he lawyer to play an active role during interrogations and replies at the end of the debate, he may wish to answer? to check detention conditions by making sure that the First, why are the Government not going to do what suspect is able to communicate with at least one family they did with the earlier stages of the road map and member or employer; by allowing suspects abroad to continue negotiations before making a decision on opting contact their country’s embassy or consulate and receive out? Secondly, why are they opting out now when there visits; and by offering people subject to a European is further time to negotiate? And, thirdly, can the Minister arrest warrant the possibility of legal advice in both the confirm that the Government are committed to the country where the arrest is carried out and the one current system of access to counsel in a police station where it is issued. The draft directive acknowledges that and do not intend to erode that right, and if so explain the right to a lawyer is not absolute and allows some why they are pursuing clause 12? derogation. 509 Access to a Lawyer7 SEPTEMBER 2011 Access to a Lawyer 510

[Tom Brake] 7.44 pm Mr William Cash (Stone) (Con): The European Scrutiny As the Minister said, the UK affords most of the Committee recommended this subject for a debate on protections offered in the new proposal in existing the Floor of the House, in line with the written ministerial domestic law. However, as the hon. Member for statement that all matters of this kind would be so Hammersmith pointed out, in many other EU countries debated when they there is clearly not such provision; he quoted from Fair Trials International, which listed the countries in which, “have a substantial impact on the United Kingdom’s criminal or unfortunately, many of the rights that we have here do civil law”.—[Official Report, 20 January 2011; Vol. 521, c. 52WS.] not apply. That is clearly why it is arguing for the UK to This is a very good starting point. However, I am opt in to the directive. somewhat disquieted by the extent to which the Minister has indicated—I hope that I am wrong, and that he will The Minister rightly set out the Government’s concerns correct me if I am—that it is only a matter of time about the provisions, some of which are not consistent before, irrespective of the matters of principle that with our national law or practice. Some of the proposals arise, we might end up opting in. I remind him that the have financial implications for the UK, when, as we whole process of the opting-in arrangements is based know from our debates on legal aid, there are real on a presumption against our opting in unless there are pressures on budgets. However, it is important to point profoundly good reasons for doing so. out that other member states share many of our concerns about the practical implications of the proposal and the For the reasons that have already been touched on by ability of their criminal justice authorities to investigate the Minister and by the hon. Member for Hammersmith and prosecute crimes. (Mr Slaughter), I believe that neither the difficulties that arise in relation to the application of arrest warrants In his letter, the Minister for Policing and Criminal nor the question of failures of justice in certain countries Justice briefly set out the other issues about which the in the European Union may ever be sorted out. One UK Government have concerns in respect of the impact need only look at a number of countries that came in by on our legal system. I hope that the Government will way of accession over the past few years. That went pursue those matters because there can be no doubt somewhat against the advice of the European Scrutiny that, as the Minister who is here today has acknowledged, Committee, and we had indicated beforehand that they the directive would benefit UK citizens abroad, many of had judicial systems that were so substantially below whom have to put up with legal systems that are not standard and riddled with corruption, with political comparable with ours. Equally, if the UK opted in, judges and perverse procedures, that it was completely some aspects of the changes required might well be unacceptable that they should be allowed in. Access to a beneficial to other EU citizens who had to go through lawyer is obviously an important necessity, but whether our own court system. I hope that there is an active one gets justice as a result of having such access when engagement on these issues. the courts themselves are corrupt is quite another story. My final point is about whether the UK Government’s That needs to be borne very much in mind. approach is one of going in to win the battles around We all believe that when citizens of the United Kingdom the differences and perhaps secure the possibility of go abroad they should have access to a proper judicial opting in later, or whether we are going in to battle for a system when they get there. Sometimes they are arrested, draw—to try to make some changes, but without the as in the case of some of the arrest warrants. We have expectation that they would be sufficient to allow the heard reference to the Arapi case and one or two others. UK to opt in. I hope that the Minister will be able to I have the greatest respect for Fair Trials International; answer that point. its representatives have given evidence to the European Scrutiny Committee, and they have been very impressive. 7.43 pm They have grave reservations about the arrest warrant and have said so. Where there is a serious problem in Debbie Abrahams (Oldham East and Saddleworth) respect of the judicial system of a given member state, (Lab): I will not be long, Mr Deputy Speaker; I just the fact that one has access to a lawyer may be only a want to put on the record my opposition to the motion. The minor mitigating factor. Minister made great play of the fact that it does not contravene the European convention on human rights, Some time ago, before a lot of these laws were being and suggested that cost was a key consideration in not put through, there was the case of the Greek plane opting into the directive. spotters. Mr Arapi came from Staffordshire, and I noted what went on. My hon. Friend the Member for Staffordshire As I understand it from the legal opinion that I have Moorlands (Karen Bradley) was instrumental in what heard, it is clear that the motion does conflict with happened. It was the subject of her first intervention in article 6 of the convention and areas of PACE, as my Prime Minister’s questions, and the Prime Minister hon. Friend the Member for Hammersmith (Mr Slaughter) immediately seized on it. I had a little word with her has said. There have been a number of miscarriages of beforehand and suggested that it might be a good idea if justice, such as the Garry Mann case; I understand that, she raised it with him, because I was convinced that he because the directive was not in place, Mr Mann had would immediately take the appropriate action, and he only five minutes with his solicitor before he was convicted. did. However, it took the intervention of the Prime I turn briefly to the impact of cost. If cost came Minister to sort this out, not access to a lawyer or to the before the consideration of human rights we would be judicial system where this poor man was convicted and on a very slippery slope; that would not be a sign of a sentenced to 16 years for an offence that he could not civilised society—the one that I recognise that we belong possibly have committed. The entire procedure that led to. I have spoken tonight because I wanted to register to his conviction was utterly, completely and incontestably my objection to the motion. absurd, futile and dangerous. 511 Access to a Lawyer7 SEPTEMBER 2011 Access to a Lawyer 512

My concern is less about access to a lawyer and more with the charter of fundamental rights under the Lisbon about whether people get justice even when they have a treaty, which of course we voted against but which the lawyer. That might seem rather strange, but it is exactly Government are now implementing, produces the curious the problem. I do think that being able to contact result of a multiplicity of complex procedures all consular authorities is incredibly important. I would overlapping with one another. It is important that we certainly go along with that. bear that in mind, because it would have a bearing on We have heard a number of points from the Minister, cases such as those that we are discussing. and I will briefly mention them, so as to put this on the As I have said, given that we have tried and tested record as Chairman of the European Scrutiny Committee. procedures, my preferred option would be not to opt in. The potential consequence of article 10.2 and 13.2—of I have grave reservations about the tsunami of opt-ins fettering the ability of a trial judge to decide on a that we have been seeing. case-by-case basis whether evidence should be admissible if it is obtained in breach of the directive’s provisions—is Henry Smith (Crawley) (Con): Is not the fundamental one problem. The other, as the Minister has indicated, problem with EU opt-ins that if we opt in there is no is the financial implications of article 4, about providing way back, so if our negotiation is not successful we are a face-to-face meeting with one’s lawyer. As the Minister stuck with whatever is decided, but if we choose to opt said, it is suggested that the cost of providing that could out we are not part of the negotiations? That means be as much as £32 million to £34 million a year. Another that if we opt in at a later stage we get the worst of both problem is the precluding of the use of accredited worlds. That is a fundamental flaw of the European representatives. Those are people who are trained to Union and the opt-in system. advise a suspect at a police station. Even though they Mr Cash: I very much agree with my hon. Friend, are not qualified lawyers, they at least provide a degree who is also on the Committee and witnesses these of assistance. things at first hand. The Committee recommended this There is also the issue of the European convention on debate, and I am glad that it is taking place. It is not a human rights, about which it is well known that I am token exercise, and I trust that the Minister understands not wholly enthusiastic, to say the least. It would be far that there are serious reservations about how the judicial better if, having drafted the European convention on system operates in other countries. Although we certainly human rights, we had been aware that we are quite believe that access to a lawyer and to consular authorities capable of passing legislation in our own country to is a good idea, we do not have to have the Lisbon treaty, protect people’s human rights. The idea that I am not in the European Union or an opt-in procedure under favour of human rights, which the Home Secretary put those arrangements to provide for access to the courts to me the other day, is positively absurd. Of course I am or to secure protection for those who need it. in favour of human rights; I just want them to be real ones. 7.57 pm I am afraid that quite often artificial constructions Mr David Nuttall (Bury North) (Con): I add my are placed on the European convention on human thanks to the European Scrutiny Committee and my rights, which have been criticised by some distinguished hon. Friend the Member for Stone (Mr Cash) for judges. The Lord Chief Justice himself said that the ensuring that we are having another of our regular first duty of judges is not to apply Strasbourg decisions Wednesday evening debates on European matters. I am in the UK courts, but to protect the common law. A also pleased to say that for once I can support the tremendous industry has been created since the 1990s, Government’s present position on this issue, although I and the extent of human rights law has now reached have to say that I am a little concerned that I might not astronomical proportions. It provides lawyers with a be so readily able to support what might come in future. useful source of income without giving a proportionate degree of protection to those who seek human rights. When any of our constituents travel abroad, they do Human rights could be provided for in Westminster if so in the full knowledge that they are entering a foreign we passed our own legislation. country with foreign systems. It seems to me that the fact that there are inadequacies in some of the legal Another question is what effect an EU proposal systems of other European Union member states is not would have if it failed to improve fair trial standards in a good reason to accept another dollop of European our own criminal law. Even if it attempted to improve legislation. trial standards in other countries, what effect would it have on our criminal law? If the EU proposal had no I have heard no one suggest that our own procedures effect it would become a lot easier to support it, with all and legal systems in this country are not up to scratch. the reservations that I have already expressed. In fact, as far as I can see, it is a case of the rest of the Europe catching up with the systems and procedures This afternoon, the Lord Chancellor gave evidence to that we already have in place. Of course, if we were ever the European Scrutiny Committee on the accession of to opt into the directive, we would have to change some the EU to the European convention. I assure hon. of our existing procedures that have served us well. In Members that he made it clear that that is a very, very my short time in the House, I have never had anybody long-term proposal, with huge degrees of negotiation complain to me about the procedures that we have in yet to happen. Apart from that, there must be unanimity place in respect of access to a lawyer, the right to all the way down the line. He even ventured to suggest consult a lawyer when detained or any of our pre-charge that it might not happen in his lifetime, or at any rate in procedures. his political lifetime. We have to bear in mind the complexities that are Mr Nigel Dodds (Belfast North) (DUP): Whatever being developed. The European convention, as it relates one’s view of the current procedures within the UK, to the citizens of this country and others abroad, interwoven surely it is for the House and the UK to decide whether 513 Access to a Lawyer7 SEPTEMBER 2011 Access to a Lawyer 514

[Mr Nigel Dodds] fed up with the ever-growing competences of the EU. It is all very well to argue that the European Union there are to be changes, on the basis of the arguments, Act 2011 will put an end to all these things, but we can which should be fully explored and discussed beforehand, see—day by day, week by week, month by month—that rather than changes coming about as the by-product of slivers of competence are going to Europe, and this a European directive. That is the problem if there are to would be another of those slivers. If the directive were be changes in the UK system. adopted, it would be a classic example of this country’s handing over a further tiny piece of its competence. It Mr Nuttall: The right hon. Gentleman makes an might be only a sliver, but this is still a matter of extremely valid point. I would have made the same sovereignty. At present, we can decide what our rules are. point later, but I shall make it now. I have heard no complaints about our current procedures, but if there Jacob Rees-Mogg (North East Somerset) (Con): Is were a general acceptance that an aspect of them could this not also a classic example of the European ratchet? be improved, it would be for the House to pass legislation First the European arrest warrant allows British subjects to do so. We would then have the right to tinker with going about their lawful business in their own country and change them as we wished. Indeed, we have done to be arrested by foreign Governments; then it is decided so. Only very recently, a Delegated Legislation Committee that there must be basic standards to protect them from on which I sat altered the rules under the Police and such action, because that is only fair and proper; and Criminal Evidence Act 1984, because this House thought that then leads to the conclusion that there must be it appropriate to do so. more harmonisation of the criminal law across Europe. Mr James Clappison (Hertsmere) (Con): My hon. In fact, what Her Majesty’s Government should be Friend is making an important point in response to the doing is not just not opting into this, but getting out of one made by the right hon. Member for Belfast North all the other measures to which they have agreed. (Mr Dodds). Has my hon. Friend turned his mind to the bigger picture? These opt-ins do not come before Mr Nuttall: My hon. Friend has made an excellent the House by accident or by way of judicious fine-tuning point, which I am sure would find widespread support of our system. This measure is part of a political project outside the House. Far too much legislation from Europe that was put in place by the EU to create a European is already foisted on our constituents, and we certainly area of freedom, security and justice, whereby rules and do not need this as well. It is, in my view, an example of laws on criminal procedures and other criminal matters a solution looking for a problem. There is certainly no will be made at the EU level rather than in this House, great clamour for it. When our constituents go abroad, and whereby our law will be subject to that law. they may well choose to go to Europe—there are, after all, another 26 countries in the European Union—but Mr Nuttall: My hon. Friend makes another extremely they may equally choose to visit any of the other valid point. Whenever I have discussions on European 170-odd countries in the world, where none of this matters with constituents and other members of the would apply. What do they do then? public—not surprisingly, I have such discussions fairly We ought to consider speaking—quietly and frequently—time and again they refer to the fact that diplomatically, of course—to plenty of other countries they are dissatisfied with our membership of the EU which have judicial systems that are far less helpful to because they believed that the EU was to do with the accused than any that might be found in the European business and trade. They believe that the EU should Union. This is, I submit, a criminals’ charter. If it were have no part in justice or home affairs. When we entered to become law, the criminals and their lawyers would the EU all those decades ago, it was never envisaged not only have to comply with the Police and Criminal that the EU would play a part in justice and home Evidence Act 1984, but would have recourse to this affairs. That is one reason why I will continue to push directive as well as the European Rights Act 1998 and for a referendum. Such things may have been in the the European convention on human rights. It would be minds of those who were pushing for the European yet another hurdle for our police to surmount in dealing project, but they were never in the minds of our electorate. with crime and disorder on our streets, and, in my They were never told about that and it was not part of opinion, a problem that we could well do without. their consideration when they went to vote back in the 1970s. The other group of people who would profit from the directive are the lawyers, particularly legal aid lawyers. Mr Cash: May I remind my hon. Friend that the As has already been mentioned this evening, it has been Conservative party, for the first time since 1972, was suggested that advice be given face to face. I know from completely united in opposing the implementation of my own experience many years ago that when a suspect the Lisbon treaty? Only as a result of entering into the is arrested, advice is given quite adequately on the coalition agreement did we end up having to accede to telephone, and I see no reason to change that arrangement. many of the provisions that result from the introduction Again, there has been no clamour for it to be changed. I of a treaty that we were previously united in opposing. see no reason why this country should have to change its practices and procedures purely on the basis of this Mr Nuttall: My hon. Friend makes an excellent point. directive. It may well benefit other countries—indeed, it That is one reason why opposition to our membership may well benefit some of our constituents when they of the EU is growing in this country. As I often say to travel abroad—but I feel strongly that there is no need people, in many ways every directive that passes is for it to be adopted now or at any time in the future. I another nail in the argument of those who will one day hope that even when the negotiations have been completed, argue in a referendum—I believe we will eventually have this will be the last that we hear of it, and that we shall one—that we should stay in the EU. People are increasingly never see it back on the Floor of the House again. 515 Access to a Lawyer 7 SEPTEMBER 2011 516

8.9 pm very closely with our European partners—that work is already under way—to develop a text that takes greater Mr Djanogly: This has been a constructive debate, account of the practical realities of criminal investigations and it has provided a timely opportunity to place the and prosecutions. We are not alone in our concerns, and Government’s position on the record. Let me reconfirm, we are optimistic that the directive that is finally adopted not least for my hon. Friends the Member for Stone might look rather different from that published by the (Mr Cash) and for Bury North (Mr Nuttall), that we Commission. believe it is important that action is taken to ensure that the standards of criminal procedural rights across the Our aim during negotiations will be to amend the EU are adequate—I stress the word “adequate”. That text constructively, so that the UK might be in a position will help to ensure that British nationals in other member to contemplate participating in the final directive, and states receive the rights that underpin a fair trial. It will we have three months from the proposal in which to opt also help to provide the level of mutual trust necessary in. We can be part of the negotiations if we do not opt to support European legal instruments that require in, but we would not have a vote, so we intend to competent authorities to accept and act upon decisions participate in, and influence, negotiations to make the or judgments given in other member states. directive better. We would opt in post-adoption only if our criteria were met, and following appropriate The Government see clear benefit in setting minimum consultation in Parliament. I can confirm to my hon. standards across the EU in respect of certain aspects of Friend the Member for Stone that there is no inevitability criminal procedure. As many Members have noted, standards to opting in, and I understand many of the concerns he of criminal procedure in relation to access to a lawyer raised. At the same time, I have to tell him that there is and the right to communicate upon arrest are high in the no presumption against opting in unless there are profound UK. We see benefit in an effective and workable directive reasons for doing so, such as he suggested. which would raise standards in this area. The Opposition spokesman, the hon. Member for Mr Clappison: If the decision is taken to opt in—which Hammersmith (Mr Slaughter), asked a number of I would regret, for reasons I have explained—I hope it questions. He asked why the UK had opted in to the will be made clear that our Government are opting in to previous two directives on the procedural rights road a major piece of criminal justice legislation and choosing map, but not this one. The Government believe it is to hand over to the EU and the European Court of important that action is taken to ensure that the standards Justice jurisdiction over a wide swathe of our criminal of criminal procedural rights across the EU are adequate. procedure. The previous Government opted in to the directive on Mr Djanogly: We will still have jurisdiction over interpretation and translation in criminal proceedings, criminal procedure, and subsidiarity would apply as and this Government opted in to the victims directive. well, but my hon. Friend makes his point. The hon. Gentleman asked why we opted in to that directive, but not this one as well. The Government have Any decision to opt in at a future date will be taken decided to opt in to the victims directive establishing on the basis that the Government approach legislation minimum standards for the rights, support and protections in the area of criminal justice on a case-by-case basis, of victims of crime because it meets the criteria set out with a view to maximising our country’s security, protecting in the coalition agreement with regard to EU justice Britain’s civil liberties and preserving the integrity of and home affairs measures and is more in line with our criminal justice system. Any decision to opt in at a existing UK practice. I can confirm to the hon. Gentleman future date would also be subject to scrutiny in Parliament. that we currently intend to retain free legal advice in Question put. police stations, as I have said publicly in the past, and he The Deputy Speaker’s opinion as to the decision of the will hear more on that in Committee tomorrow. Question being challenged, the Division was deferred until The hon. Gentleman and my hon. Friend the Member Wednesday 14 September (Standing Order No. 41A). for Stone mentioned individual examples of process, on which the Government cannot comment. However, I Business without Debate noted the disappointment of the hon. Gentleman and the hon. Member for Oldham East and Saddleworth DELEGATED LEGISLATION (Debbie Abrahams) about the fact that we do not Motion made, and Question put forthwith (Standing intend to opt in at the outset. Order No. 118(6)), I also understand the disappointment of Members who have set out the difficulties faced by constituents TERMS AND CONDITIONS OF EMPLOYMENT who have faced trial in certain other EU member states. That the draft National Minimum Wage (Amendment) (No. 2) However, the directive as published by the Commission Regulations 2011, which were laid before this House on 20 June, goes very much beyond what we see as the minimum be approved.—(Norman Lamb.) standards of the European convention on human rights Question agreed to. and would have an adverse and exceptionally costly impact on our ability to investigate and prosecute offences EUROPEAN UNION DOCUMENTS effectively. We do not think it would be sensible to opt in to the directive at this stage because it is not possible Motion made, and Question put forthwith (Standing to be completely confident that all these difficulties Order No. 119(11)), could be mitigated through negotiation. ANEW RESPONSE TO ACHANGING NEIGHBOURHOOD I thank my right hon. Friend the Member for Carshalton That this House takes note of European Union Document and Wallington (Tom Brake) for his supportive remarks, No. 10794/11, relating to a new response to a changing neighbourhood, and I can confirm that we intend to negotiate and win and Addenda 1-16, detailing the results and recommendations of on our positions. In order to do so, we intend to work the Commission’s review of the European Neighbourhood Policy 517 Business without Debate 7 SEPTEMBER 2011 518 and a report on implementation of the European Neighbourhood Future of the BBC Policy during 2010; and supports the Government’s approach as set out in the Explanatory Memorandum submitted by the FCO Motion made, and Question proposed, That this House dated 3 June 2011.—(Norman Lamb.) do now adjourn.—(Norman Lamb.) Question agreed to. 8.17 pm DELEGATED LEGISLATION (COMMITTEES) Mr David Amess (Southend West) (Con): It was a Motion made, childhood ambition of mine, at the age of 11, to become That the Motions in the name of Sir George Young relating to a Member of Parliament, and I was fortunate enough the Electoral Commission and the Local Government Boundary to be elected in 1983. I remember, as if it were yesterday, Commission for England shall be treated as if they related to first arriving here and being told that this is the mother instruments subject to the provisions of Standing Order No. 118 of Parliaments, that we are sovereign, that this is where (Delegated Legislation Committees) in respect of which notice laws are made and that Parliament existed to support has been given that the instruments be approved.—(Norman Lamb.) parliamentarians with their duties. An enormous number of changes have taken place since I was first elected, Hon. Members: Object. and I have various question marks over the way in which this place is run these days. However, I am delighted to have the opportunity to raise an important PETITION issue that we take for granted—the British Broadcasting Corporation. Leacroft Surgery (Crawley) I am not using this Adjournment debate to attack the BBC—indeed, I have many friends and some relatives 8.16 pm who work for it. However, as this place has been greatly Henry Smith (Crawley) (Con): I am very grateful to diminished and we were under siege before the previous have the opportunity to present a petition on behalf of general election, I made a beeline for the BBC’s chairman many of my constituents. and chief executive when we were invited to attend a reception held by the BBC after the election. I told them The petition states: that I was very concerned about the way the BBC is run The Petition of residents of Crawley, and about the salaries that both of those gentleman are Declares that the Petitioners are concerned by the current paid, and I will discuss that in due course. proposals to close a general practitioner’s surgery in the Crawley The BBC is a blue-chip company of which we can be Borough Ward of West Green. very proud. Its first transmission was from the roof of The Petitioners therefore request that the House of Commons Selfridges in 1922. The first royal address was broadcast urges the Government to take all possible action to ensure that Leacroft surgery is able to maintain health service provision in the in 1924, and in 1932 we had the first Christmas address area. from His Majesty, the then King. I do not think that And the Petitioners remain, etc. anyone in the Chamber remembers 1940, when Churchill made his rousing speeches, but the BBC also deserves [P000953] credit for those. In 1945, there were the wonderful Dimbleby’s revelatory reports about the terrible happenings in Belsen concentration camp. We have the Olympics next year and in 1948, the BBC broadcast the Olympic games. Then, 1960 saw the construction of Television Centre, the first purpose-built TV centre in the world. We then go on to 1982 and Brian Hanrahan’s unforgettable news reporting of the Falklands war. In 1990—it is ironic that the hon. Member for Great Grimsby (Austin Mitchell) is in the Chamber, because he and I held different views—we saw our proceedings televised. I was dead against that and I voted against it, but, anyway, our proceedings are now televised. The BBC had an exceptional global reputation for being an excellent source of unbiased and impartial news. Indeed, it was groundbreaking and it was known for having remarkably high journalistic integrity in its reports. The BBC is: “Institutionally biased to the Left” and that is a “mindset”. Those are not my words, but those of Peter Sissons in an article in one of our newspapers this year. He said that there were “basic journalistic mistakes—wrong dates, times and numbers…and basic political or geographical facts” were wrong. The BBC tends to run positive stories in favour of the UN and the European Union. When it comes to reports relating to Israel, it only ever half tells the story, favouring stories that show Israel in a poor 519 Future of the BBC7 SEPTEMBER 2011 Future of the BBC 520 light and failing to report the rest of the facts—I think “Young, Dumb and Living Off Mum”, “Don’t Tell the in a highly disproportionate manner. For instance, there Bride”, “Underage and Pregnant” and “Jamelia: Shame is an humanitarian disaster waiting to happen in Camp About Single Mums”. However, I am delighted that Ashraf, so why do we hear nothing about it? There is a Mr Gareth Gates, whom we were honoured to have in terrible situation in Syria, but we do not hear from the Palace of Westminster today to address the all-party relatives of President Assad who do not think he is a group on speech and language difficulties—he had a terribly good leader. speech problem himself—will be appearing on BBC 3 in More poignantly, the BBC is fervently anti-cuts and November on a programme about people with speech ensures that that message pervades every aspect of BBC difficulties. BBC 4, the more high-brow channel costs programming. Since the general election, the BBC has £74 million. embarked on a consistent policy of criticising Government I want to focus on the salaries of executives, because I actions, which is rather amusing given that the director- now realise, as a Member of Parliament, that it is not general declared that bias at the BBC—he said it, so he the workers who are at fault in so many sectors of life must recognise that there was bias—was a thing of the but the management. The salaries that the management past. of the BBC are paid are absolutely ludicrous. The Over the past few days, we have seen that the former director-general is paid £838,000—this is madness! Other Labour Prime Minister was very friendly with Mr Gaddafi directors’ pay, as of March 2011, are: £488,000; £517,000; in 2004. A book has now been published that shows £467,000; and £452,000—not to mention what the financial that there were tensions at the highest echelons of the controller gets. At 31 March 2011, 13 executive directors previous Labour Government. Given the BBC’s high had cost us, the British people, £4,792,000, but we expertise in investigative journalism, it is puzzling that Members of Parliament are castigated for what we none of those things was brought to the fore at the time. earn, and the electorate can get rid of us through the We need only to think of “The One Show”, which ballot box. recently ran a segment in which a presenter asked the Prime Minister, “Are you too much of a toff?” Another Jason McCartney (Colne Valley) (Con): Let me give asked him, “How do you sleep at night?” my hon. Friend an opportunity to take a breath of air The BBC uses the term “independence”—I am still after pouring out all those huge figures. Does he agree citing Peter Sissons—to mask the fact that it positions that it would be totally grotesque if BBC local radio, itself to serve its own best interests. For example, preference which is in touch with local communities, had to suffer was given to Tony Blair’s party conference speech in cuts while those huge salaries were being paid out? In 1995. Alastair Campbell berated the BBC editor to give my part of Yorkshire, BBC local radio not only reports the story precedence above all others based on the local sport such as Huddersfield Giants rugby league speech’s proximity to the next general election. That and Huddersfield Town football club, but is a valuable was what happened. service when there is heavy snow, because it lets people know whether the schools are open, which shops are The BBC consistently gives left-wing politicians and open and which roads are open or closed. People who figures a platform to spout policy and denounce the cannot get out and about love their BBC local radio, Government. Examples include the differing treatment and it would be totally grotesque if those salaries were of guests from different ends of the political spectrum still being paid while BBC local radio was being cut. on shows such as the “Today”programme. How politicians allow themselves to be treated so badly on the “Newsnight” Mr Amess: I absolutely agree with my hon. Friend. programme, and on “Question Time” and so on, I do One cannot watch TV while driving a car, but one can not know. listen to the radio. I love radio—Essex Radio is fantastic. One thing that is particularly unforgivable is the I absolutely agree. Frankly, these BBC radio stations constant practice of presenting the opinion of BBC have been starved of cash, if you look at some of their correspondents as fact, as summed up by Peter Sissons, software. the former long-time BBC news presenter, in an article The director-general proposed that the executives earlier this year. He said that “the increasing tendency” could increase their annual pay by tens of thousands of at the BBC is pounds through a policy known as “earn back”. I must “to interview its own reporters on air…Instead of concentrating say that I have the highest regard for Lord Patten, the on interviewing the leading players in a story or spreading the net current chairman of the BBC. I once had the honour of wide for a range of views…It is a format intended to help clarify being his private parliamentary secretary for a week, the facts, but which often invites the expression of opinion. When that happens, instead of hearing both sides of a story, the not because I was useless but because my former colleague, audience at home gets what is, in effect, the BBC’s view presented Robert Key, had been appointed as a Minister and I as fact.” stood in for a week. Lord Patten is going to be a I know that I am biased, but we are blessed with an wonderful chairman of the BBC. Under the director- absolutely splendid Home Secretary and a first-class general’s proposals, however, the seven members of the Secretary of State for Culture, Olympics, Media and BBC’s executive board, as well as the corporation’s Sport. I do not criticise them regarding the challenge 540 senior managers, would have been able to earn an that lies ahead. In the past, after each election, the new extra 10% on top of their salaries by beating performance Home Secretary has invited colleagues to come and talk targets. The proposal was accepted by the BBC’s executive about licensing and whether we should do away with it, remuneration committee, but I am delighted to say that but that has not happened this time. One of the main the new chairman stepped in and dealt with the issue. It reasons why the BBC is so financially stretched is the just shows how out of touch they are. cost of digital-only stations such as BBC 3. This youth- I now move on to the presenters. I do not know orientated channel costs £119 million a year. Shows on whether we have brilliant presenters. I would just say it include, “Snog, Marry, Avoid?”, “Total Wipeout”, that I find it slightly annoying that when one or two 521 Future of the BBC7 SEPTEMBER 2011 Future of the BBC 522

[Mr Amess] 8.34 pm Austin Mitchell (Great Grimsby) (Lab): I am grateful female presenters—I do not know whether they have for a little space from the Minister’s table to comment, had too much Botox or something—are presenting the because I will not follow the hon. Member for Southend news on a very serious subject, they smile. But their West (Mr Amess) in his ludicrous accusations of bias in salaries, which we are paying for, are worth looking at. the BBC, about which he is as wrong as he was all those The highest paid stars’ earnings from the BBC cost years ago about televising Parliament. However, he 1.55% of the £3.49 billion that the licence fee brings in. mentioned, in his back-handed way, quality in the BBC. That is huge. We are about the get the document, “Delivering Quality The seven high-profile presenters involved in this First” from the BBC, in which it will tell us how it will year’s coverage of the Glastonbury music festival for deliver a 20% reduction in spending and a 25% reduction the BBC were not only paid lots of money for going, in overheads. That is far more than can be gained by but given complimentary tickets. Why did the BBC send any reduction in fees paid to Jonathan Ross or “Paxperson”, 400 journalists to the Glastonbury festival? All this goes or even in the director-general’s ludicrous salary. unquestioned. We are concentrating now on phone This is a serious issue, because cuts cannot be made hacking and so on. If Parliament was as it used to be, on that scale without damaging the BBC’s quality of we could properly scrutinise these things. production. This is a national jewel—a national asset—and we propose to inflict devastating cuts in production and Jim Shannon (Strangford) (DUP): The hon. Gentleman staff, in the BBC’s scope and artistic integrity and, has mentioned performance targets. Does he agree that above all, in quality. Quality costs in television, and it if there have to be performance targets, they should be must be financed. based on the satisfaction of the TV licence holders, and Here we are damaging this precious asset as a result, that plenty of them are dissatisfied? it seems to me, of a dirty deal that was arrived at between the Conservative party and the Murdoch interests. In return for the Murdoch newspapers’ support, the Mr Amess: I am going to call the hon. Gentleman my Conservatives agreed in opposition to prune the BBC, hon. Friend. I absolutely agree with his point, and I as James Murdoch had asked for in his MacTaggart hope that will be a subject for another debate. lecture, and to give them the ability to take over Sky. To save money, headquarters are moving to Salford. Part of that deal has now fallen through, but it is Well, I am sorry: London is the capital city. Other TV important—I wish the hon. Gentleman had mentioned channels have found that London is the best place for this—to stop the decimation of services in the BBC. It programmes to be based. Indeed, ITV moved “This must be stopped. Morning” to London because it could not get guests to Far from using the licence fee as a stranglehold on the travel to the studio in Liverpool. There are fears that the BBC to enforce reductions, we should pass at some corporation’s move to the north could turn out to be an stage a supplementary licence fee increase to save it £877 million white elephant. It is understood that the from these cuts, which will be compounded by taking BBC has had to offer incentives for people to move to on the burden of the World Service. It is not now a Salford. matter of grumbling about bias at the BBC and making On sport, I am sure that many hon. Members used to snide remarks about the salaries paid at the BBC. It is love watching cricket on the BBC, and wall-to-wall not now a matter of handwringing; it is a matter of coverage of Wimbledon and so on. “Test Match Special” fighting to save the BBC. was so special. Well, all that has gone and now constituents are contacting me about Formula 1. We even had all the 8.36 pm anti stuff against Andy Murray. Okay, he is Scottish; Robert Halfon (Harlow) (Con): I congratulate my let’s get over it. He is a fantastic tennis player. hon. Friend and near neighbour the Member for Southend I end with a thought about the licence fee. I am West (Mr Amess) on securing this important debate. I delighted that the Government have frozen it at £145.50 believe that I can set out the answer to the problems that until April 2017. That amounts to 40p a day, which for he has talked about this evening. I have campaigned lots of people actually mounts up to quite a lot. The since becoming a parliamentarian for the democratisation completion of the digital switchover in 2012 would be a of the BBC licence fee. I have presented a ten-minute good time to think once again about how the BBC is rule Bill and tabled many motions and questions on the funded. The British Broadcasting Corporation is a jewel subject. I agree with him that the BBC is a jewel in the in our crown, if it is well run and managed. It is crown. I think of the quote from Shimon Peres, who pointless to have Adjournment debates unless hon. said that the BBC makes Members’ arguments are listened to. Mr Deputy Speaker, “dictatorship impossible, but democracy intolerable”. I hope that my words have been listened to and that I, like my hon. Friend, love Essex Radio and “Look there will be changes in the ridiculous high salaries that East”. We know that they provide essential services for are being paid. people in my community, but the problem is that we are compelled to pay for the BBC and have no say over its Several hon. Members rose— cost or programming. The BBC is monopolistic, with about a third of TV viewing and half of radio, but it does not need to make a commercial return, so other Mr Deputy Speaker (Mr Nigel Evans): Order. I remind providers are crowded out. We have no recourse and no Members that the debate finishes at 8.47, and I am sure means of redress. I do not object to the licence fee; I that we want to give the Minister time to respond. would be happy to pay double. 523 Future of the BBC7 SEPTEMBER 2011 Future of the BBC 524

Mr David Nuttall (Bury North) (Con): My hon. being thrown at the Government is the wrong one to Friend says that the BBC is a jewel in the crown, but make. The issue is quality within the BBC. That is the what percentage of the British public does he think point I wanted to put before the House. would purchase a licence if doing so were not compulsory? Robert Halfon: If my hon. Friend waits, I will answer 8.42 pm his question in a second. I would pay double for the The Parliamentary Under-Secretary of State for Culture, licence, but the problem is that we have taxation without Olympics, Media and Sport (Mr Edward Vaizey): We representation. We do not tolerate that in politics, and have had a good debate, long after the House concluded there is no reason why we should tolerate it in our the rest of its business, and the fact that so many hon. public media. Members wanted to participate shows that it could have Under my private Member’s Bill on 25 November, gone on for much longer. I hope that the hon. Member the BBC would have to set out an annual plan and for Great Grimsby (Austin Mitchell) will tell his Front licence fee payers would vote. It is quite astonishing that Benchers that they should initiate an Opposition day licence fee payers had no say over the appointment of debate on the future of the BBC, because there is Chris Patten, whatever his merits might be. To those nothing that hon. Members enjoy more than having a who say that voting would mean a decline in quality, I good old debate about the good old BBC. say that that attitude is mixture of ignorance and May I therefore congratulate my hon. Friend the snobbery—ignorance because there is a market for quality, Member for Southend West (Mr Amess) on introducing as Classic FM and other quality media show, and the debate and say how much I enjoyed his speech? I snobbery because that is like saying that the public hope that I am not breaking a confidence if I say that should not be free to choose for themselves. before the debate he told me that he had a lot to get off Mine is not a radical proposal. Company shareholders his chest, and he certainly did. He started with praise have the right to hire and fire their boards. Residents for the BBC, and it is right and proper that we acknowledge have the right to elect their MPs and councillors. Given that the BBC is one of the finest broadcasters not just in that we are supposed to be the BBC’s owners and are this country, but in the world. It sets a quality bar, compelled to pay for it, we should democratise the which is why we have such high-quality television and licence fee immediately and give licence fee payers the radio in this country. At this point, it is traditional for a vote. Member taking part in such a debate to praise his local radio station, so let me say that I think that BBC Radio 8.39 pm Oxford is the finest local radio station in the country. That will now appear as a jingle this week on BBC David Morris (Morecambe and Lunesdale) (Con): I Radio Oxford. have been listening to the views expressed by hon. Members and I agree with quite a lot of what has been More seriously, may I also praise BBC Worldwide for said, but the House should consider the fact that the its success, led by its extremely effective chief executive, fears and complaints expressed about monopolies in John Smith? It makes a significant income for the BBC. the media when News International attempted to take Many topics were covered in the debate, and I have over Sky were taken on board by the Government, yet four minutes in which to deal with them. First, I hear we hear no real complaint about the BBC’s monopoly, what my hon. Friend had to say about impartiality and which reaches far more widely. the BBC. We all have views and might occasionally There is a lot of talk of cuts, but look at the quality of throw something at the television when we see an item television programmes: as my hon. Friend the Member that we think is unfair. The BBC, in the consultation for Southend West (Mr Amess) said, we have all those document from the new chairman of the BBC Trust, reality programmes, such as “Snog, Marry, Avoid”, has said that it is aware of those concerns and will now which are ridiculed by the public and in the media. Is have annual impartiality reviews. It sounds rather Orwellian, that what we want to spend our money on? I do not but the BBC is going to have impartiality seminars for think it is. Look at the ratings, which are dropping off staff, where they will be re-educated away from their and have been doing so steadily since 2000, when the partial tendencies towards impartial tendencies. reality TV boom occurred. We are ploughing all that I heard my hon. Friend speak of his concerns about money into the BBC without getting back programmes BBC 3 and BBC 4. They are not watched by many, but of the right quality. Efficiency is what we are trying to they are loved by a few. Again, it is an indication of achieve, not stifling the BBC with cuts. We are trying to taste that in the litany of programmes of which he get the right deal for the public. disapproved, one shone out—“Total Wipeout”—of which It has to be borne in mind that the Government have I have become a great fan, because I can watch it with spent a lot of time and energy on ensuring that local my young children. communities have greater influence over their local I share my hon. Friend’s concerns about the level of services, yet that has not been applied to the BBC. Are salaries at the BBC. I am not sure I agree with the we aware that the BBC does not feel that it should be assertion that the people who earn these salaries could included in this and be subject to the public’s views? earn significantly more in the outside world. If such Listen to local radio: it is stifled in its approach to what people could triple their salaries there, one wonders why it broadcasts. they are not going into the outside world. We have As more of our local papers move to online versions, made progress in transparency, at least. I hear his does the House share my fear that non-commercial concern about what talent is paid, particularly the talent BBC websites might put them out of business, cutting who uses their platform on the BBC to make significant choice for local residents? The BBC is an institution outside earnings by speaking at corporate events, which that we should protect, but the charge of cuts that is are not declared by the BBC. 525 Future of the BBC7 SEPTEMBER 2011 Future of the BBC 526

[Mr Edward Vaizey] contribution—I am told that he used to be in a band, butitisnotinVacher’s, so I would like to know which The new chairman of the BBC Trust, Chris Patten, is band it was—and my hon. Friend the Member for a welcome appointment. I am pleased that we have a Colne Valley (Jason McCartney), who highlighted the licence fee freeze. That will be good for the licence fee importance of local radio? payer. Although the hon. Member for Great Grimsby, I conclude by saying that I thoroughly enjoyed the Cassandra-like, predicts doom for the BBC under the debate. If anyone wants to know about my own political licence fee freeze, my glass is half-full in that respect. obsessions, let me point out that my devotion to Parliament What the BBC has, which other media companies do and to the BBC mean that once I watched the Parliament not have, is certainty of income for the next six years. channel where, in archive footage, I saw the hon. Member There will be a charter review. The new charter must for Great Grimsby in his younger days debating the be concluded by the end of 2016. It may be that we take merits of televising Parliament. into account the views of my hon. Friend the Member for Harlow (Robert Halfon) who, since he entered the Question put and agreed to. House, has made a fantastic impact. I wonder, though, whether his proposals might be somewhat expensive. May I also praise my hon. Friend the Member for 8.46 pm Morecambe and Lunesdale (David Morris) for his House adjourned. 71WH 7 SEPTEMBER 2011 Disabled Young People (Support) 72WH

have not had contact with a social worker for six years Westminster Hall and have never had any contact with a key worker or benefited from any transition arrangements. Wednesday 7 September 2011 In 2006, the National Autistic Society surveyed its members on their experience of transition. It found that only 53% of young people with statements received [MR PHILIP HOLLOBONE in the Chair] transition plans during the course of their education, with the figure falling to 34% of students in mainstream Disabled Young People (Support) schools—and that is a legal obligation. Unsurprisingly, 45% of those who participated in transition planning Motion made, and Question proposed, That the sitting were dissatisfied with the whole process. One issue has be now adjourned.—[Mr Dunne.] crept up again and again as I have delved into the provision of support for young disabled people: the 9.30 am lack of—forgive the cliché—joined up, co-ordinated Stephen Lloyd (Eastbourne) (LD): It is a privilege to provision and a failure to share best practice between serve under your chairmanship, Mr Hollobone. I am different authorities, leaving many parents to feel that delighted to have secured this debate on support for the transition is something of a postcode lottery. disabled young people. I have called for this debate Emmy also had the misfortune of moving from one today because I have had serious concerns for some local authority to another, which her mother deemed to time about the inadequate transitional arrangements be a fiasco, to put it mildly. Emmy is now in her eighth for many disabled children, particularly those with learning year of legal wrangling with the local authority. She disabilities in the key period from childhood to adulthood. receives legal aid. I dread to think what the total cost of Having spoken to a number of disability charities such her legal fees might be, not to mention those of the local as Mencap and the National Autistic Society, as well as authority, but I am certain that without legal aid Emmy others, it is clear that problems with transition, as many and her parents would not have been able to fight her of us in the Chamber know, have been going on for case. many years. I wished to secure the debate so that the That is just one example. There are plenty more like Minister could reassure me that the coalition Government it. When we get it wrong, disabled people suffer, their understand that there is a problem with transition and families suffer and, sadly, it can and does often lead up can outline the way in which how they propose to tackle to the break-up of families. that problem. I should like to outline the common challenges that Mark Tami (Alyn and Deeside) (Lab): I, too, have many parents of disabled children, and the young men had parents of disabled children come to see me. It puts and women themselves, experience once they are over a terrible stress on them. Parents worry very much the age of 17 or, in some cases, 16. Preparation for about the future. They do not know what the future adulthood is a time of challenge and celebration for all holds for their child, particularly when they are no young people, but for disabled young people, more longer with us. often than not, it is a time of particular challenges. The Transition Support Programme and the wider Aiming Stephen Lloyd: I agree. Sometimes the parents split High for Disabled Children programme, 2008-2011, due to the sheer strain—and not just of looking after a resulted in improved consistency of support to young severely disabled child, which is a challenge, no matter people and families across the country, including greater how much the parents love them. The situation often expectations that disabled young people would achieve leads to irrevocable strain between parents, which is one their goals for adult life, so I am disappointed that those of the saddest things that I have seen. Like all hon. programmes are no longer running and would welcome Members, I have seen a lot of desperate cases. Often, the Minister’s comments on what will replace them. the reason why parents split up is because statutory As many hon. Members know from their postbags, authorities, though they often try to be helpful, are parents of disabled people have to deal with numerous clunky, and lack consideration and co-ordination. That, statutory services, from local councils in relation to as I will go on to explain, makes it much worse. It also disability access and provision in the home, to social costs a great deal of money for the family, local authorities services with regard to helping them to manage and and all the agencies. It is therefore imperative, particularly providing respite care. Parents often have a great deal of for disabled children going into transition, that we get it contact with the local hospital or NHS to help the right first time. I am sure that the Minister and hon. family with whatever the disability may be, particularly Members can appreciate how complex and challenging if it is a profound disability. For each disabled child, such a scenario must be for both the disabled young there is supposed to be a social worker who helps to adult and the parents. co-ordinate all the different services. However, that key I have been liaising for the debate with Mencap, worker service ceases once the child reaches adulthood—if which has been very helpful and supportive. It has put they were fortunate enough to have had a key worker. together a document that defines what a good transition Tussie Myerson, who contacted my office to share must look like. In its view, which I share, it is defined by her daughter’s story, told me about one such case. Her three stages: planning, process and destination. To be a daughter Emmy is 20 and profoundly disabled. Incidentally, successful transition, each stage must be followed effectively Emmy’s story was first told in Parliament eight years and, most importantly, tailored to the individual, but ago, when the right hon. Member for Witney (Mr Cameron) there are general principles that can be applied to each was her MP. Since then, regretfully, her story has not stage. It is recognised that all young people should be at much improved. Emmy, and her mother and father, the centre of their transition planning—that is incredibly 73WH Disabled Young People (Support)7 SEPTEMBER 2011 Disabled Young People (Support) 74WH

[Stephen Lloyd] Stephen Lloyd: I agree totally. The Prince’s Trust does outstanding work in this area throughout the United obvious. That is important for parents, uncles and Kingdom. I am delighted to add that compliment into aunts, and children without disability, but is doubly Hansard. The Prince’s Trust does a fantastic job. important when working with a disabled young adult. The final stage, which is the destination, is the most For young people with a learning disability, a plan will important. Youngpeople’s quality of life, as does everyone’s, be achieved only if it is timely, accessible and diverse. To depends on satisfaction with their destination and be ready for the start of their transition, young people opportunity to thrive in the future. The best outcome of should be encouraged to think about their options in a transition is for the young people to be living in a year 8, so that they are adequately prepared for their place that they have chosen and to be doing what they review in year 9. In the run-up to and following their want to do, with the support that is right for them. If review, young people should have access to appropriate the transition planning and process are followed in the information about their rights and their options regarding way that Mencap describes and that I have been delighted their future. Ideally, the options presented to young to outline, in our view the outcome can be expected to disabled adults should be limitless. For all of us and for be positive. all disabled children, transition should be an exciting time for exploration, not a restricted choice of a predefined On other challenges with older disabled children or future. young disabled adults, a report published by Ofsted last month has highlighted some significant failings in the No particular Governments or Government are at system. Too many children in further education with fault here; this has been a challenge for a long time. disabilities are failing to gain the qualifications needed Even well before I was elected, I had people in my to get a job or to continue with their education. The constituency come to see me who were absolutely petrified report also highlights the reduced support available because their child was getting to the end of teenagedom once such individuals reach 19, which means that they and going into young adulthood. They knew that the are often burdened with insufficient advice about personal key worker was going and that the services that supposedly, budgets, the requirement to pay fees and uncertainty and often do, come automatically with young disabled about benefits entitlement. In fact, a recent study reported children would disappear. It is no exaggeration to say that in 2009 an estimated 30% of young people who had that they were petrified. a statement of special educational needs when they If choice is to be at the heart of young people’s were in year 11 and 22% of young people with a transition, it is crucial that they be given the opportunity declared disability were not in any form of education, to explore their aspirations with the aim of reaching employment or training when they reached the age of their potential. For young disabled people to have such 18, compared with 13% of their peers. Current figures aspirations, those around them must be aiming to achieve from the labour force survey for the first quarter of the highest quality of life for them. None of that is 2011 show that 41% of men and 43% of women designated complicated or different—it is exactly the same for longer-term disabled were economically inactive. Surely non-disabled young adults as for those who are disabled. such a high figure historically shows that little progress Throughout a young person’s transition, the process has been made in recent years. It is time that we all do should be co-ordinated and resourced. Although young more to do better by our young disabled fellow citizens. disabled adults must be the director of their transition Although since 2008 local authorities have been required journey, it is crucial that the services supporting them to carry out multi-agency assessments for pupils with be aware of each other’s role in the process. The position statements of need or in receipt of support before their of key worker for a young disabled adult is therefore transition to a post-16 provider, inspectors found that vital, to keep all the professionals in the loop. Obviously, those arrangements were not working effectively.Providers within that, it is about working very closely with the had received a completed learning difficulty assessment parents of someone who has a profound learning disability, in only a third of the case studies in which one should because as well as the work done with the young disabled have been made available. adult, the parents are best suited to help and guide the child to decide what is best. Often, profound learning Kate Green (Stretford and Urmston) (Lab): I am disability is accompanied by communication challenges. delighted that the hon. Gentleman secured this important For each service to play its part, adequate resources debate. Does he agree that there also is a problem earlier must be provided, mainly that of time. Each professional in the process, in the through-planning as children move involved must be prepared to work alongside the young from primary to secondary school? The assessments person regularly, to offer support and advice. The transition often take place after the child has arrived in secondary process should, however, be as unobtrusive as possible, school, rather than in advance to enable preparation to to allow the young disabled person to enjoy as best as be made for it. possible an ordinary teenhood. Stephen Lloyd: Yes, I agree. I will touch on what the Jim Shannon (Strangford) (DUP): I am sure that the Green Paper says about SEN, but the problem that the hon. Gentleman and many others in the House are hon. Lady raises is clearly of long standing. aware of the good work of some voluntary organisations, The learning difficulty assessments were found to be such as the Prince’s Trust, which I have visited and not always timely or adequately completed, and did not where I have spoken to some of the young people. form a reliable basis on which to plan support or an Clearly, organisations out there are giving of their effort, appropriate programme of learning. The transition at time and commitment to help young people. Does he age 19 from children’s to adult services, and from the feel that the work of the Prince’s Trust ought to be Young People’s Learning Agency to the Skills Funding recognised and complimented in this Chamber today? Agency, created barriers for learners when they encountered 75WH Disabled Young People (Support)7 SEPTEMBER 2011 Disabled Young People (Support) 76WH different criteria for funding. Learners and their parents That is wrong, and is a particular problem when dealing or carers identified that they would have welcomed with mental health issues. Many employers make more advice and careers guidance when they received a assumptions and do not want to employ such people. personal budget for purchasing a learning programme, care and support. Stephen Lloyd: I thank the hon. Gentleman for his I am conscious, as I am sure the Minister is, that I am intervention. Again, he makes a good point about mental covering a range of responsibilities which is perhaps health, which still causes fear in people. As vice-chair of broader than her remit, but that is the reality of disability, the all-party parliamentary group on mental health and in particular in the transition for disabled children or having grown up with a mother who had bipolar disorder, young adults, because so many different areas of I have experience of and am familiar with mental health Government and statutory services are touched. As I issues. I know that they may be a real challenge, but I was drafting my speech, I half envisaged five different also know that anxiety, fear and lack of understanding Ministers from the different Departments attending on the part of many people stop many of their fellow today because the subject covers such a wide area, but citizens contributing very effectively in jobs. Most people somehow I knew, even with my delusions of grandeur, with mental health incapacity manage their incapacity. that that would be unlikely. The challenge of persuading the Federation of Small Too little is known about the destinations of learners Businesses, the CBI and so on to take on more disabled once they leave post-16 provision. A more systematic people needs a push, and it will be underpinned by the national approach to the collection and analysis of data Work programme. Some specialist small charities and about learners’ destinations would help to ensure that training companies understand mental health and learning limited public resources were deployed effectively to disability, and part of the opportunity of the black box support learners in making a successful transition to principle and the Work programme is that there should adult life. be enough money for those smaller organisations to Finally, I come to the Government’s proposed welfare engage with local employers to help to break down that changes, such as the transfer from the disability living barrier. I would like the major trade associations to take allowance to the personal independence payment and more responsibility and to step up to the plate. I would the reforms to housing benefit. I am a member of the like them to make a commitment. I am a parliamentary Select Committee on Work and Pensions—I am delighted champion of the FSB, and I have a meeting with it to see some colleagues are present—and I support the tomorrow when I shall remind it of that. I appreciate direction of travel of many of the changes being proposed the hon. Gentleman’s intervention. by the Department for Work and Pensions, in particular I have specific concerns about the welfare changes the Work programme. We are discussing young adults involving young adults and children, and the change and children, but about 2 million children today are from disability living allowance to personal independence growing up in households in which no one works. That payment. I shall be grateful if the Minister puts them to is a national scandal which I hope that the Work programme rest. The Government have stated clearly that they will address rationally and productively—I think that it intend initially to migrate working-age people to the is doing so. new PIP, which means that until all age groups are migrated on to PIP, there will be two very different David Simpson (Upper Bann) (DUP): I congratulate benefit systems for disabled people. The Every Disabled the hon. Gentleman on obtaining the debate. Many of Child Matters campaign group, with which I have worked us in the Chamber have in our constituencies special closely, is calling for under-16s not to be brought on to needs schools and schools dealing with children who the PIP system before full public consultation and analysis have disabilities and learning difficulties, and I agree of how the new system works for over-16s has taken entirely with what he said about the dearth of activity place. for young people with special needs post-16 and post-19. Although I welcome the Government’s decision to He mentioned multi-agency work to help those young have a different commencement date for children and people, but does he agree that the CBI, the Federation working-age adults on PIP, I share with the Every of Small Businesses and their like should be encouraging Disabled Child Matters campaign group its concern their members to employ young people who might have about the impact that the two systems may have on learning difficulties or some form of disability? disabled young people who turn 16 in 2013. We are both concerned that the migration to PIP may result in those Stephen Lloyd: I thank the hon. Gentleman for making disabled young people testing out the new system. The that important point, which I will discuss when I talk Minister has responded to such inquiries in the House, about the Work programme and the black box principle, but to my knowledge she has yet to give a firm which I am excited about. Having been in business for acknowledgement that young people turning 16 in 2013 many years before coming into politics, I passionately will not be the first to go through the new assessment. I support more businesses employing and recruiting disabled shall be grateful if she provides an update. people, because more often than not they are very good That brings me to the proposed benefit cap and employees, but I am conscious that because many small changes to housing benefit. We all want an end to businesses lack understanding of disability, they often taxpayers having to foot the bill for some of the absurd will not let disabled people through the door, irrespective and astronomical rents for some families living on of the Disability Discrimination Act 1995. housing benefit. I do not have a problem with the broad thrust of that narrative, but we must be careful about Mark Tami: The hon. Gentleman makes a crucial unintended, disproportionate and unfair changes to the point. Many employees make assumptions that disabled circumstances of disabled people and their families. young people are capable of doing only certain jobs. The changes to the shared-room rate and the 77WH Disabled Young People (Support)7 SEPTEMBER 2011 Disabled Young People (Support) 78WH

[Stephen Lloyd] some good and progressive potential protocols. I urge the Minister to continue to work closely with my hon. implementation of an overall cap on housing benefit Friend the Minister of State, Department for Education cause me concern in relation to young disabled adults. (Sarah Teather), who is leading on that Green Paper. Let me explain why. Disability never affects one Department, but involves a The Government propose to increase the age limit for range of statutory bodies. the shared-room rate from 25 to 35, so single people The Government have taken some positive steps, without children aged up to 35 and claiming housing which I applaud. I have already mentioned the Work benefit will be restricted to the rate for a single room in programme and emphasise that I am keen on the funding a shared house, instead of the rate for a self-contained, model, with its inherent black box principle. Over the one-bedroom property. I shall give an example of why years, I have worked with many disabled people. I know that causes me concern from the disability perspective. that too many large companies do not really understand The disability of someone with high-functioning Asperger’s disability and that the best people to work with young syndrome—autism—more often than not makes it very disabled people and help them to get into jobs are often difficult for them to share with strangers. A constituent specific groups and organisations, such as the Prince’s who is a tremendous volunteer, and who helped me Trust, that not only understand disability but have a during the election by delivering Lord knows how many passion to make things better. The principle behind the leaflets, has high-functioning Asperger’s syndrome and Work programme and its funding is that much of the finds it difficult to go into a room where there are money and many of the resources should be downstreamed people he does not know—let alone to share a house from prime providers to subcontractors which have a with people he does not know, which the benefit changes greater understanding of disability. I am hopeful that may lead to. He struggles to go into a room where there that approach will work. are people he does not know, and frankly he will not I remind the Minister of what I said at the start of my unless I am right next to him. The Government’s proposal speech about the main thrust of my anxieties. The is a real problem for those with some disabilities, and I system for the transition from childhood to the cusp of ask the Minister to take that on board. young adulthood is inadequate and has been for many years; support for young people on that cusp is poor, David Simpson: The hon. Gentleman said that there lacks joined-up thinking and provision for teenagers. I will be two systems for disabled young people or people am also concerned about possible unintended consequence with disabilities, but my understanding is that by 2013 of changes to the welfare programme disproportionately there will be one universal benefit. Will he please clarify affecting young disabled people. I am grateful to the that? Minister for listening to my remarks. I am aware that her Department has to cover a wide range of issues, and Stephen Lloyd: I am seeking clarification from the I look forward to her response. Minister on that point, which I thank the hon. Gentleman for raising. On the one hand, we have been told that Mr Philip Hollobone (in the Chair): Three hon. Members there will be one universal system from 2013, but on the are standing up—a wealth of talent before me. I want to other, the Minister has said in the House that she begin the winding-up speeches no later than 10.40 am. understands that there may be a problem, and my Three people wish to speak, so you can work that out understanding is that she will return with clarification. I and will all get a reasonable amount of time if you are too am a little confused, but I am cunningly fleshing it fair to one another. out—at least, that is the plan. I emphasise that the equality impact assessment of a 10.2 am benefit cap shows that approximately 50,000 households, Sheila Gilmore (Edinburgh East) (Lab): I thank the approximately half of which have a disabled member, hon. Member for Eastbourne (Stephen Lloyd) for securing stand to receive lower benefit payments. The Minister this debate because the issue is important. I do not knows that I have general concerns about some of the intend to speak at length, but I want to touch on some housing benefit changes, but today I am focusing on the issues that have come to me as constituency problems. disability perspective, because I believe that if the changes They concern individuals but show some areas of policy are handled incorrectly, they could be catastrophic for where the situation could be improved. One issue concerned some young disabled adults and their families. Some a young disabled lad who had just left his special 52% of families with a disabled child are at risk of school. He had stayed in that school until he was nearly experiencing poverty. With more than 40% of disabled 20, but to be honest he would probably be described as people aged 16 to 24 already living in accommodation a three-year-old in a 20-year-old’s body. In many ways that does not meet their needs—there is a long history he is very happy and friendly, but he has no language. to the problem—we must be careful of any resettlement He suffers from Down’s syndrome and is severely autistic as a result of a cap on housing benefit and an overall so his capacity is obviously limited. I am not an expert, cap on benefits that disproportionately affect young but on meeting him and his mother I could quickly tell disabled adults. that the likelihood of someone like him being able to The SEN and disability Green Paper has been heralded consider any form of employment was no more probable by many who are hopeful of developing a more transparent, than my three-year-old grandchild entering employment. less conflict-ridden and more family-friendly system of The specific issue raised was his mother’s great concern support that gives parents a greater say in decision-making about what had happened as soon as her son left his processes. I am hopeful that the White Paper will set out special school. When I first saw her, she was in the midst detailed proposals for radical legislative and policy changes. of filling in a form for employment and support I mention the Green Paper because I think it contains allowance—she had to fill that in because he clearly 79WH Disabled Young People (Support)7 SEPTEMBER 2011 Disabled Young People (Support) 80WH could not, and she found it quite difficult. She also family’s additional needs, it seems somewhat perverse to made inquiries to the Department about the possibility take that support away because the mother is over of a face-to-face assessment she had been told about. retirement age, even if she is not working. I accept that When she made contact, she was told that there were no that situation is not new, but it is perhaps something we exceptions, that there would have to be a face-to-face should look at if we seek to improve the situation for assessment, and that she would have to bring in her son. families. She explained that one aspect of his condition means The mother said something else that I felt was worth that he finds it difficult to go into strange places, to the pursuing. She has done a little research on this issue and extent that even with all her powers and being used to talked to other people. She felt that, when her son the situation, she sometimes cannot make him do it. suddenly became an adult for the system, the attitudes As it turned out, I am glad to say that, on the basis of towards him and her suddenly became more difficult. the forms and medical report it received, the DWP That was not just about the benefits issues. She gave me decided to award employment and support allowance in another example. He has been given a care package and the support group without a face-to-face assessment. a place at a day centre and she was trying to get him However, the family—the mother in particular—suffered used to the idea of that. He had been at a very good unnecessary stress because of information she had received special school in Edinburgh, but the day centre is obviously previously when her son’s circumstances were not fully a completely different environment. He was to have taken into account. It occurred to me that such cases transport to go there but, given his particular difficulties could be dealt with more quickly and effectively, and with strangers, she asked whether he would have an with less stress, if the DWP undertook outreach work in opportunity to meet beforehand the person who would schools where young people are about to leave that be doing the transportation. She was told, “No, because form of education. The Department could have carried he is now an adult.” When he was a child and his out its assessment quickly and easily within the school arrangements changed, that opportunity was always setting because nobody, other than his mother, knew given, but now she was just told, “No. Under the adult better of what that young man was capable than the system, we don’t do that sort of thing.” school. A great deal of stress and time would have been saved, especially had other forms of appeal become Stephen Lloyd: I thank the hon. Lady for making an necessary. That is a matter of process where, with a little incredibly powerful point about disability. The system thought, a more humane system could be adopted. does not appreciate that, for many disabled people, the nature of their disability means that in terms of age That young man currently receives DLA, but when they may be an adult, but in terms of intellectual we look at the transition that will be made from DLA to capacity and their ability to manage things, they are the personal independence payment, we must think not. The system cannot cope with that. It is a very about the processes involved and the fact that we do not strong point. Does she agree that more needs to be done necessarily need to put everybody through a complex and understood in that area? process if it is manifestly unnecessary. However much the Minister may feel that it would be useful for many Sheila Gilmore: I certainly do agree, which is why I people to go through such a system, there will be some was trying to bring out that point. Sometimes there are cases in which, on anybody’s analysis, that should not unintended consequences from the important breakthrough be required. I urge her to give that issue some special whereby a lot of people with disabilities started to be thought before we get embroiled in the system and treated as people with the right to make their own people are given conflicting messages about what is decisions and as an adult, like any other adult. Many likely to happen. Even at the point of applying for ESA, people had been campaigning for that for a long time, my constituent was given certain information over the and for many disabled people it has been a huge phone by officers in the DWP that increased her stress breakthrough and beneficial, but there are some levels considerably. people—my constituent and others whom I have come Another minor aspect that my constituent raised—I into contact with would fall into this category—for accept this is not new and has been in the system for whom it does not work. All it does as far as the family is some time—was the financial position in which the concerned is make life slightly more difficult. They do family found themselves. That is obviously an important not see any purpose in it. Sadly, the young man to issue when it comes to purchasing the additional help whom I have been referring will never grow into adulthood and assistance that is often necessary outwith the local in that sense. Nothing in the field of medicine is likely to authority care package. Because my constituent’s son change that, so his mother felt that that blinkered has been placed in a support group, once the first view—“This is what we do”—was not helpful. It probably 13 weeks are up, a non-dependant charge will be placed originated from something that was intended to be on his mother in respect of housing benefit. She is over good, but it has turned out to have a downside. 60 and retired, but I think that even in earlier years she The mother’s suggestion, which I think we should found it difficult to remain in employment, given her consider, was that there could almost be a separate son’s condition. category when it comes to the way in which people are At the moment, her son is on the lower rate of ESA treated. Her contention was that in some countries that because it is still within the 13-week assessment period, is what happens—there is more understanding of the although it has been agreed that he will move into the different nuances of disability and someone like her son support group and receive the higher rate of ESA. At is not treated in exactly the same way as other adults. the end of that period, he will be regarded as a non- She was keen to say to me that she thought that local dependant, and his mother’s housing benefit and the government at all levels should be considering that type finances available to the family will in effect be reduced. of option and trying to improve its practice. I know that Since the higher rate of ESA is supposed to meet a there will always be difficulties about definitions and 81WH Disabled Young People (Support)7 SEPTEMBER 2011 Disabled Young People (Support) 82WH

[Sheila Gilmore] what the Government might be contemplating, and for some young people—for example, a young man I met in about the point at which those distinctions are made, my constituency who is on the autistic spectrum— but if we could apply that perspective and it improved uncertainty is a particular worry. We were told that he the experience of disabled people—in this case, young already, at the age of 17, was beginning to worry about disabled people—and their families, it would be beneficial. what the transition would mean for him. I therefore hope that the Minister can give us more information 10.13 am about the process today. Kate Green (Stretford and Urmston) (Lab): It is a If young people aged 16 to 18 are placed on a benefit, pleasure to participate in the debate under your as I accept they are now with DLA, that is identical to chairmanship, Mr Hollobone. I am also pleased that what adults receive, how will that be designed appropriately the Minister responsible for disabled people will respond to meet their needs? We are particularly concerned to it because, as was said by my hon. Friend the Member about that. We are also concerned—other hon. Members for Eastbourne (Stephen Lloyd)—I have called him my alluded to this—about the assessment process for young hon. Friend because we are colleagues on the Select people. In his comments to me, the transition support Committee on Work and Pensions and have discussed co-ordinator in Trafford highlighted the fact that young these matters in that Committee on many occasions—we people already go through multiple assessments for are covering a very wide ambit of departmental different packages of support and benefits. My hon. responsibilities in the debate. It is good that the Minister Friend the Member for Edinburgh East (Sheila Gilmore) who can draw all those together for us in government has highlighted one way in which we might ease the will respond to the debate. We are pleased that she is assessment process, by going to the individual rather here this morning. than setting up a series of assessment hurdles that they have to come to and cross. It is a very imaginative idea, Like the hon. Member for Eastbourne, I want to which I hope the Minister will explore. focus on some of the transition issues. Of course, for disabled young people, transition is quite a protracted I am concerned about another issue. The Minister process. It begins when they are in their mid-teens and has indicated in the past that it is not necessarily the can stretch right through until they are in their mid-20s case that young people as they turn 16 in 2013 will as they transfer from children’s services to adult services automatically be migrated on to PIP, but I would like to in terms of how the social care package and social know what further thinking she has developed in relation support are provided. Like all young people, they may to the transition period. Does she envisage a phased move on from school to a college or higher education transfer of young people on to PIP from DLA? If so, setting and, in due course, to employment. During that what will the time scale be and who might go first? period, they may also seek to leave the family home and The Minister will know that real concerns remain set up on their own. It is important that we consider about the situation of children and young people if the how we support young people through those transitions extended qualifying period for PIP that is proposed for economically, as well as through the care packages that adults is also applied to them. Children’s conditions they receive. develop and change incredibly quickly in some cases. I am fortunate to have had some extremely helpful CLIC Sargent has estimated that, if the extended qualifying briefing from Every Disabled Child Matters, as other period for PIP were applied to children and young hon. Members have, and from the transition support people, that could lead to nine out of 10 families, and co-ordinator at my local authority. One message that 60% of all its clients, suffering financially. comes through clearly is the need for a planned approach to the transition; it cannot be left to chance. In addition, Mark Tami: It is an important point that CLIC it is important that that planning begins early and is Sargent raises, because the onset of a cancer is very done with the young person and his or her family. sudden and, although some children react very well to Underlying what I want to get across today is the need the treatment, some children do not and there is an to support disabled young people in achieving their up-and-down pattern, so it cannot be said that there is a aspirations. Too often, our aspirations for those young consistent level of requirement for those children. It is people, employers’ aspirations for them or even the therefore very important that the support is in place aspirations of colleges, schools and social services for straight away and particularly when the parents have them are too low. received that devastating news. First, however, I will talk about some of the financial issues and I would be grateful if the Minister addressed Kate Green: My hon. Friend is absolutely right. As I them. The hon. Member for Eastbourne has already say, many children’s conditions vary, progress and retreat alluded to the implications of the introduction of the much more suddenly and rapidly than those of adults. personal independence payment in due course. The Crucially, children’s educational and social development Minister was good enough to write to me before the is also taking place as they grow into young adulthood. summer recess about the arrangements that will be If there are concerns about the financial support for consulted on in relation to children and young people, children with medical conditions, that will also have who are not currently to migrate immediately on to PIP. wider developmental implications for them. I think that at that stage she was saying that no firm There is continuing uncertainty about children and plans were in place and there would be wide consultation young people in residential settings. I am particularly as plans were developed. I certainly welcome that, but interested in young adults, some of whom are quite she must understand that there is an awful lot of uncertainty likely to want to look at residential colleges for their and concern as a result of the process still not being further education. The Minister wants to remove any firmly available to people so that they can understand duplication in funding in relation to the mobility component 83WH Disabled Young People (Support)7 SEPTEMBER 2011 Disabled Young People (Support) 84WH that people receive as part of DLA. I would be grateful 10.24 am if she could tell us how she expects to assess whether Steve McCabe (Birmingham, Selly Oak) (Lab): I am there is actually any duplication, because I have so far pleased to be able to take part in the debate. I congratulate been unable to uncover much evidence of it. What the hon. Member for Eastbourne (Stephen Lloyd) on assessment has she made of the implications for young securing it. We can never devote enough time to the people over the age of 16 in residential colleges, and subject in this place. particularly for their ability to participate as fully as possible in not only educational life but wider social Like others, I want to begin by asking about the life? personal independence payment. I have to say that I like I echo the comments of the hon. Member for Eastbourne the concept of an independence payment, and it sounds on housing benefit. I also want to highlight the concern attractive. Like others, however, I am not quite sure that constituents have raised with me about the substantial what it will mean in reality. I do not want to end up with costs of adapting housing and about the implications a crude, Orwellian sleight of hand, whereby the word for them if the housing benefit changes and the housing “independence” results in a set of arrangements that benefit cap force them to move. It seems quite ridiculous mean the exact opposite. I do not say that that is the that, as a result of other policies, we should disrupt intention of the Minister or the Government, but I families who might have had to make substantial hope she understands the concerns many Members and investments to adapt their home accommodation. I organisations representing disabled people have about hope that the Minister will indicate that there will be how the provisions will work in practice. Like others, I flexibility in the system to ensure that families of young hope that she will be able to give us a bit more information disabled people, in particular, are not subject to great and that we will be able to secure a promise that she will instability and do not have to move as a result of provide more information to people across the country, housing benefit changes. That is particularly important because it is important that she does so. for the young people we are talking about, because such It is important to recognise that having great support instability disrupts not only their social and educational needs does not mean that dependence and exclusion are networks but their medical and care networks in many inevitable, but that depends very much on how we cases. choose to approach people and on whether we give the right kind of support—support that facilitates independence Jim Shannon: On that point, which the hon. Lady has and assists those who are trying to help them. In an clearly illustrated, does she feel that the Government intervention earlier we heard about the pressure that is need a concerted policy to address housing benefit for sometimes put on parents. I read a recent study looking young disabled people, considering that 10% of them at young disabled people who seemed to have made will be homeless in a short period? quite a success of their lives, in that they had secured Kate Green: Clearly, that is an incredibly serious employment and found a place to live independently. concern, which the Minister will want to take seriously. They highlighted the fact that their parents had been Like the hon. Gentleman, I very much look forward to critical in helping them through those different phases. hearing her reply to his suggestion. As in many other areas of life, it is true that good I want to say something about employment and parents—parents who provide the right support—are a education. I echo other hon. Members’ comments about great help. However, where we are talking about parents the need to encourage employers to be more willing to who are coping with children with disabilities—often take on disabled people and to recognise the extensive quite severe disabilities—we should never underestimate capacity that many of them can bring to the workplace. the pressure they are under, and that was illustrated in However, I want to raise a few points with the Minister the example given by the hon. Member for Eastbourne. about the education and training environment in which We should never underestimate the pressure on parents, young people prepare for employment. how easy it is for one final incident or episode to be the Following the loss of the education maintenance straw that breaks the camel’s back or how insensitive allowance, what assessment is being made of the extent agencies can be at times to the pressures on parents. to which young disabled people in financial need can I want briefly to mention two groups. The first is access other sources of financial support, including young soldiers. I obviously see a lot of young injured those provided by colleges and schools to enable people service personnel at the Queen Elizabeth hospital in to continue and complete their education? With the loss Birmingham. The lives of these young people will be of Connexions next year, how will the new predominantly changed beyond all recognition from what they would web-based information and advice service for careers be have anticipated when they joined the services a few tailored and adapted to meet the needs of young disabled years ago. As we think about the support and provision people? How will the structure of integrated budgets, that will be available in future, it is important that we do which are meant for young people’s living needs, be everything to assist the independence of these people, protected, so that people are not forced to dip into them to whom we already owe an enormous debt, and who to pay for their education, including transport to educational have every right to expect to lead a fulfilling and independent settings, books and equipment? Like other hon. Members, life. We can either assist or hinder that process by the I am interested to hear what further steps the Minister way in which we shape the support and services we thinks she can take in government to encourage employers make available. to become more willing to employ young disabled people. The other group is young people with terminal illnesses. I am pleased to have had the opportunity to contribute In the past, they would tend to die at a relatively young to the debate. There are many more issues that I would age—perhaps before or in their early teens. Quite often, like to raise and which I am sure colleagues would like the support we provided was limited to a bit of hospice to raise. I am pleased that the Minister is here to listen provision and a bit of social services or other independent to the debate, and I look forward to her response. agency provision at critical times in the illness. Nowadays, 85WH Disabled Young People (Support)7 SEPTEMBER 2011 Disabled Young People (Support) 86WH

[Steve McCabe] parents and the other children. She is a challenge. Her parents have coped with that for 14 years, as well as youngsters with terminal illnesses tend to live much bringing up two other children. They have done a longer, into their early 20s or early adulthood. Like remarkable job. However, in the past year, the secondary every one else making that transition in life, they have school that she attends in Birmingham, which is not a all sorts of demands and expectations, and they want to special needs school, has decided that it cannot cope go to college and have jobs. Quite often, they are with her. It has come to the conclusion that it is not the capable of doing those things, but they need different right place for her. kinds of support and services. We need to recognise that I do not blame the school for that decision, which is there will be an increasing demand for that in the years possibly a quite professional one, if those concerned ahead, so the more we can shape and prepare services have genuinely looked at the situation and thought now, to cater for those young people, the more we will about it; but of course the parents need to know that be able to help them, and the more we will get ahead of now that that has happened the authorities will take a the game, rather than playing the traditional game of good, honest look at the situation and come up with a catch-up. proposal that will serve the needs of that young girl. I want to mention two issues, the first of which is What they have done instead is to withhold the minutes mobility. It seems to me that that is the key to any sense of the initial meeting that took place; they appear to of independence. If someone cannot decide for themselves have edited them to exclude some of the things said at where to go, when to go there, and how to organise their the meeting, and have now come up with a set of life to achieve things, their independence is severely proposals insisting that she return to the school—which restricted. I hope that as the Government think about the school rejects. They are essentially making those how to reshape support and benefits, they will think decisions on cost grounds; there is no doubt about that. about mobility for young people, particularly those in As a result, although other children are back at school residential establishments. It is not right, when they are this week for the start of the new term, the girl is at trying to make the transition to adulthood, that they home with her mother, who is at the end of her tether. should be dependent on someone else deciding what Of course, every time her father must take time off time they will get to go out socially or visit the shops. work to try to deal with the crisis, he loses money, which They need some degree of independence. plunges the family further into financial difficulty. To go back to the issue of parents, it is extraordinary That seems to me not only insensitive but a completely how insensitive agencies can be to the needs of parents unprofessional, unacceptable and irresponsible way to and disabled youngsters. Birmingham city council, which deal with people. I am happy to discuss the personal is trying to save a bit of money because of the budget details of the case with the Minister. If there is anything predicament—and that is perfectly understandable— that she can do to help I would appreciate it; but recently introduced a proposal to restrict school bus generally I want to say that local authorities must be access for children going to special needs schools, subjecting given clearer direction on such issues. I do not think them to the same arrangements as other children. I that it is entirely a matter of money. I am aware of the cannot remember the exact distance now, but I think budget pressures that face Birmingham and other that they must live further than something like a quarter authorities, if money is a consideration, so is the way in of a mile away. Of course, the reality is that children which people behave, and the way in which they treat going to special needs establishments have special needs. those they are there to serve. I do not think that the Some of them do not like massive changes and disruption; state of affairs I have described is remotely acceptable. they need a predictable route. Some of them could not I thank the hon. Member for Eastbourne for obtaining possibly travel by themselves on public transport. It the debate. I hope that the Minister will respond to would not be feasible for them to get taxis, because that some of the issues raised, and that we shall have many would cost the local authority more than the existing more debates like this one, so that we can shape some transport provision. The parents found out about the provision in a way that genuinely reflects the needs of change through a blanket letter from the council to all the people we hope to assist. parents, informing them of the intention; so of course we had people phoning up in floods of tears, saying “What am I going to do next week?” Mr Philip Hollobone (in the Chair): If the Front Bench speakers split their time, they have about 12 minutes That is the kind of thing that came up in the exchange each. between my hon. Friend the Member for Edinburgh East (Sheila Gilmore) and the hon. Member for Eastbourne: far too often the agencies are inflexible with their rules. 10.37 am They are oblivious to the needs of the population they are trying to serve. I think that perhaps, without any Margaret Curran (Glasgow East) (Lab): I am grateful more cost, a bit of Government guidance and direction to be here today under your chairmanship, Mr Hollobone, about the way in which the agencies must perform, both and I shall do my best to be equitable in the distribution in providing services and when there is any intention of of time. changing them, could make a significant difference. I of course begin by congratulating the hon. Member That brings me to the other issue I want to raise, for Eastbourne (Stephen Lloyd) on obtaining the debate. which is schooling. I am dealing with a situation concerning I call him an hon. Member as he sits on the Government a young woman in my constituency who is on the far Benches, but like my hon. Friend the Member for end of the autism spectrum. She has a great deal of Stretford and Urmston (Kate Green) I regard him as a personal need. At times she self-harms. She is challenging friend. I have got to know him well and he has this at home and gets very frustrated; she often attacks her morning demonstrated his commitment to disability 87WH Disabled Young People (Support)7 SEPTEMBER 2011 Disabled Young People (Support) 88WH issues. His pursuance of those matters is well recognised It is vital that we deal with this quickly because in this Chamber and I hope to continue to work closely clause 87 of the Welfare Reform Bill, which is making with him. its way through Parliament, removes clauses 71 to 76 of The debate has been very interesting, and hon. Members the Social Security Contributions and Benefits Act have spoken convincingly of the points that need to be 1992—the legislation that currently provides DLA to addressed. I shall focus particularly on those that lie disabled children. Alternative arrangements clearly have within my responsibility, but perhaps I will make one or to be put in place quickly and we need to know the two wider remarks. In an extremely moving speech, my details soon. The Minister will be aware that in Committee hon. Friend the Member for Birmingham, Selly Oak we asked what the proposals for children were likely to (Steve McCabe) dealt with the range of issues that must be, and my hon. Friend the Member for Stretford and be grappled with, at the heart of which is the pressure Urmston mentioned several times the need to consider on families. We should always be reminded of the daily the matter. A number of amendments were tabled—they grind that many families face. We can never have enough were not successful—on reassessing the impact of the time to deal with those issues, and have just touched on six months delay in receiving benefit and whether the them today. I hope we can continue to deal with them. ending of automatic entitlement would affect children. In my time working with this brief, I have met the A number of substantial questions need to be dealt with Spink family and the Kennedy family. I do not know in depth. whether any hon. Members present have come across Disability premiums in universal credit are vital, and them, but I am sure that they are known to the Minister. I ask the House to focus on them because charities are They have spoken in shocking detail of their experience deeply concerned about the changes. Those on the of services—their inflexibility—and the unwillingness, middle and lower rates of DLA care who receive only perhaps of us all, to fully appreciate the depth of the the disability element receive £52, and those on the challenge that many families face. We say that we have higher rate, who receive both the disability element and made progress—I will defend the progress made by my the enhanced element, receive £73. Under the new system party’s Government, and the Minister will defend hers—but of universal credit, the rates for children will be aligned there has never been enough progress to address the with those for adults, so that there will be two rates of reality for those families. award: £25.95 and £74.50. That change means that My hon. Friend spoke very well, particularly about people will now be eligible for either the lower or the the last family he mentioned, and about veterans, as upper rate of premium, rather than the combined amount. well as the amount of work we still have to do. Of The important point is that those families on the higher course, the briefings that we received from the Children’s rate will be slightly better off, receiving £74.50, an Society put it very well when speaking about the different increase of £1.50; but those on the middle and lower culture and the different eligibility criteria that the hon. rate will receive £25.95, a substantial reduction from Member for Eastbourne drew to our attention, and the £52. I ask the House to focus on that as the Welfare impact that that can have on the lives of young disabled Reform Bill makes its way through Parliament—it is in people and their families. We must force ourselves to the other place now. Support for disabled children on improve services. the middle and lower rate of DLA will be halved. I was tempted to talk about services, local authority funding and suchlike, but I do not want to go down that Charities estimate that about 100,000 families—including, route because of the lack of time. I shall concentrate for example, families with autistic children—will lose instead on welfare reform, which is clearly part of the up to £1,366 a year, amounting to about £20,000 by the Minister’s remit. The reforms relating to disability are time a child reaches the age of 16. That is a substantial perhaps some of the most controversial elements in the loss of benefit. As the hon. Member for Eastbourne Government’s proposals in the Welfare Reform Bill. pointed out, 52% of families with a disabled child are at The Government will say that the Bill is the hallmark of risk of poverty. The benefit is means-tested, so the their Administration and a flagship policy. I am grateful poorest families will suffer the greatest hit. That is a to have the opportunity this morning to interrogate the significant change. I note the hon. Gentleman’s gentle Government in more detail, but we will obviously continue challenge to the Government to rethink some parts of to do so. the Bill, and I encourage him to take up that cause. Universal credit is seen as a panacea to the challenges of The hon. Member for Upper Bann (David Simpson) the current benefit system, but I caution Members not referred to universal credit; we have not focused enough to rush to that conclusion, because many disabled children on that, yet it is vital for disabled people. I also want to will lose out. consider the personal independence payment, and I shall of course return to my hobby-horse, the disability The DLA mobility component is one of the most living allowance mobility allowance, which has also highly publicised and controversial elements of the been mentioned. Government’s policy, and it applies to children as well I start with DLA reform because of its importance to as to adults. Specific reference has been made to children children, of which all who have seen the briefings will in residential schools and colleges who depend on mobility be aware. As has been mentioned, 1.8 million working support. The briefing from Every Disabled Child Matters adults will be migrated to the new benefit, and there states that for all young people aged 16 to 25, the ability are implications for those who turn 16 in 2013, but we to get around independently is vital to allowing them to do not know much about what will happen to the lead the ordinary lives of young people and for developing 300,000 children currently in receipt of DLA, other the life skills that will lead to independent living later in than the fact that their situation will be considered once life. It would be devastating for these disabled young the proposed reassessment of adults is under way. That people to find that financial support for mobility was is controversial in itself and is causing enormous alarm withdrawn just as their adult lives were beginning. The among charities, families and individuals. campaign to save the DLA mobility component is 89WH Disabled Young People (Support)7 SEPTEMBER 2011 Disabled Young People (Support) 90WH

[Margaret Curran] point that by enabling disabled people to live independent lives, we can avoid many of the mental health problems ongoing. I appreciate that the Government have announced that we all see in our own constituency surgeries. All too a review, but some confusion remains about how the often such problems accompany disabilities. policy will work and what impact it will have. I ask the Let me outline a few of the measures that the Minister to answer one simple question. Do any children Government are taking. I pay testament to the work in residential settings face the prospect of losing their that my hon. Friend the Member for Brent Central mobility component? If so, I ask all Members to join (Sarah Teather) is doing in this area as a Minister in the me in saying that that should not happen. We should try Department for Education. It is under her stewardship to prevent that group of vulnerable people from losing that the special educational needs and disability Green such a critical benefit. Paper has been produced. I am thankful that she has agreed to work closely with me on that key reform 10.47 am affecting some of the transition problems that have been raised today. The single assessment that my hon. The Parliamentary Under-Secretary of State for Work Friend sets out in the Green Paper will start to deal with and Pensions (Maria Miller): It is a pleasure to serve some of the problems that the hon. Member for Stretford under your chairmanship, Mr Hollobone, for what I and Urmston (Kate Green) so eloquently articulated think is the first time. Youhave presided over an extremely today. We are looking for local authorities to trailblaze informed and useful debate. I thank my hon. Friend the the new approach, so that we can avoid some of the Member for Eastbourne (Stephen Lloyd) for securing complications and hurdles that currently face disabled the debate. He and I have had a number of conversations people and their families. about disability matters over the past 18 months, and he My hon. Friend the Member for Eastbourne talked brings a great deal of expertise to the House. about the importance of effective support for transition. The debate covered a broad range of issues and Again, the SEN Green Paper clearly sets out the importance I hope to do justice to them in my response, but if I the Government attach to dealing with the variable cannot answer them all in the time allowed, I will be support that is sometimes provided for parents and happy to deal with them separately should Members disabled children after they turn 16. It is precisely to wish me do so. First, I shall set out the Government’s resolve the problems post-16 that we are considering approach to supporting disabled young people. I shall testing the new approach of having a single assessment then answer some of the important questions raised across the full zero-to-25 age range, as well as ensuring today. that it is portable. The Minister of State, Department of When I talk to disabled young people, as I did only Health, my hon. Friend the Member for Sutton and last week and over the weekend in my constituency, I Cheam (Paul Burstow), is also involved in that. find them to be as ambitious as non-disabled people—no My hon. Friend the Member for Eastbourne talked one in the Chamber today will find that surprising—and about key workers and how they support disabled people their hopes for the future are no different. They want a in transition. We are in full agreement that key workers job in which they can excel, a home, a family and can play a hugely important role in supporting families friends. They want to live independent lives, and those and young people to navigate through transition, which lives will be different for each of them. is why we commit in the Green Paper to invest in key The catch-all title of disabled can sometimes be unhelpful. worker training. We are in the process of appointing a As Minister with responsibility for disabled people, I voluntary, non-profit-making organisation to lead. Those have to deal with the wide range of conditions, illnesses are important and exciting developments that we can and challenges that these people face. We heard today look forward to in the future. that it is only by joining together the work of social [MR BONE in the Chair] care, health, education and employment effectively that Personal budgets are also pertinent. In our constituencies, we can ensure adequate support for disabled young we all see a great deal of money being invested in people. All of those elements have a part to play. supporting individuals, but all too often it can feel that Joining up those services to ensure that disabled young that money is not well co-ordinated. The Department people live independent lives is at the heart of the for Health’s commitment to personal budgets and to Government’s work, but in doing so we must also allowing every disabled individual to access them is an ensure that we retain the ambition that every disabled important step forward and will help to ensure that all young person and their family have for their lives, the available money is used to best effect. Last Thursday, including the ability to take on the challenges of the I was fortunate enough to meet a wide range of individuals future so that they can reach their true potential as an from disability organisations and a group of disabled individual. people in Barnsley. I was told about the important The hon. Member for Edinburgh East (Sheila Gilmore) benefits personal budgets gave in disabled people’s day-to rightly said that families have a critical role to play. day lives, including allowing them to lead the sort of Sometimes, though, it is important to separate an independent lives they wanted. Barnsley is part of the individual’s passions and desires for the future from the right to control trailblazer initiative that was extremely family. Although we need to ensure that families retain well put together under the previous Administration. their vital role, we must at the same time recognise that We are continuing the initiative because it gives more it is the disabled young person and their individual flexibility to disabled young people to start their lives in needs that we must focus on first and foremost to ensure a strong and independent way. that they can enjoy an independent life, whatever that The Government are also conducting an important means for that individual. The hon. Member for review of employment support for disabled people. It is Birmingham, Selly Oak (Steve McCabe) also made the vital that we understand that the majority of disabled 91WH Disabled Young People (Support)7 SEPTEMBER 2011 Disabled Young People (Support) 92WH young people aspire to be in employment. All too often has an important role to play in that, but we are also that aspiration does not come to fruition—perhaps investing heavily in user-led organisations to ensure that through an inability to navigate the system or to get the disabled young people have strong voices in the future. right support in place at the time. Earlier this year, the We also have a strong policy of ensuring that more Secretary of State for Work and Pensions asked Liz disabled people have access to elected office, which is an Sayce to produce an independent review of employment important way to get one’s voice heard. support for disabled people. That review, which was published before the summer break, highlighted that I will answer as many of the specific points made in disabled people want the same access to jobs as everybody the debate as I can now, but I will write to Members if I else, and the best way to make that happen is to ensure am not able to answer their questions in detail. “Aiming that employment support is built around the individual. Higher” is a three-year programme set up by the previous We are consulting on the proposals set out in the Sayce Administration. It includes short breaks and transition review and we will publish a response in due course. At support, both of which the present Government are the heart of Liz’s proposals is support for access to continuing to fund. The fruitful work under “Aiming work, which, for young people in particular, can give Higher” is therefore continuing. the sort of personalised support that they need not just to get into work, but to stay in work and to give them To reassure Members who raised the implications of the opportunity to live independent lives. the personal independence payment, let me say that I recognise that the transition from DLA to PIP at 16 is The hon. Member for Birmingham, Selly Oak mentioned an important and sensitive matter. I have already begun the importance of supporting disabled former members meeting organisations and representatives to ensure of the armed services. One of the recommendations that they have clear input into our work. I recently met from the Sayce review was to set up a cross-departmental a number of organisations, including CLIC Sargent, to group to consider the employment of disabled people, help to inform our thinking on the qualifying period. I and I have done that straight away because I thought am sure that the debate on the matter will continue in that it was a superb recommendation. One of my colleagues the Lords. I will be looking at the needs of individuals from the Ministry of Defence will be on that ministerial in residential colleges in the same way as the needs of group for the very reason that the hon. Gentleman other recipients of DLA. I understand the arguments talked about. I hope that that reassures him that I that hon. Members have made today on that point. We understand his point. Many young people who have have done some detailed work on the order of migration served our country have come out with severe disabilities from DLA to PIP. We will make sure that it is a fair and they require that support. The ministerial group process and it will be considered as part of the equality will also include a Minister from the Department for impact assessment. Transport. As hon. Members recognised, transport is important in ensuring that disabled young people have I apologise for not being able to cover all of points independence and are able to get into the workplace. hon. Members raised today. Suffice it to say, the work Some of our work is about ensuring that the profile that the Government are doing puts support for disabled of disabled young people is positive. The Paralympics young people very high on our priority list. 93WH 7 SEPTEMBER 2011 Judicial Scorecards 94WH

Judicial Scorecards are really concerned about the high reoffending rates in this country. When I asked the Minister about reoffending on 11 January, he provided some very helpful statistics 11 am to the House. I asked him: Mr Philip Hollobone (Kettering) (Con): It is a pleasure “What the reoffending rates were for those sentenced to jail to serve under your chairmanship, Mr Bone; I thank terms of (a) one year, (b) five years and (c) 10 years in the latest Mr Speaker for granting me permission to hold this period for which figures are available”. debate this morning; and I welcome the Under-Secretary He helpfully replied: of State for Justice, the hon. Member for Reigate “In 2008, the rate of reconviction within one year for adults (Mr Blunt), to his seat, from which he will listen to and discharged from custody after a sentence of less than a year was respond to this debate on an issue that I want to raise 61.1%; it was 31.0% for those given sentences of one to five years; not only on my own behalf but most importantly on 17.5% for offenders given sentences of five to 10 years, and 6.4% behalf of my constituents. for 10 years or more.” That issue is what I have called judicial scorecards. I then asked: The idea is that each judge and magistrate should be “Does the Minister agree that…the longer prisoners spend in presented with an annual report of those people who prison the greater the chance of ensuring their effective rehabilitation have appeared before them and who have been sentenced before being released?” by them, including details of any reoffending that has He replied: taken place since sentencing. Every year, each judge and “We have to ensure that longer sentences are given to recidivist magistrate would be given a simple and straightforward offenders and that we effectively rehabilitate people and break the report that would detail the names of the defendants cycle of crime through the proposals that we have presented in who have appeared before them, the crimes of which the Green Paper to drive that number down.”—[Official Report, those defendants were accused and the sentence that 11 January 2011; Vol. 521, c. 147.] was imposed, compared with the sentence that could I absolutely agree with that—we have to get those have been imposed under the maximum terms set out in reoffending rates down. The Minister and I are in the relevant legislation. The report would also include complete agreement that. When 10% of criminals details of any subsequent reoffending, not only for the committing 50% of the crime, those recidivist offenders crime for which the defendants appeared before the must receive longer sentences, and yet, as we all know, judge or magistrate but for other crimes that the defendants the problem, again and again, is that those recidivist may have committed. offenders are not being given the stiff sentences early enough in their criminal careers to deter them from a There is a fundamental gap in our criminal justice life of crime. Part of the reason why I am so enthusiastic system. Judges and magistrates do their best, but as far about the idea of judicial scorecards is that they would as I can tell they never actually know what happens to help to alert judges and magistrates at an early stage in those defendants whom they sentence. Judges and a criminal’s career that the criminal was not being given magistrates arrive at their sentencing decision, having a sentence that was stiff enough. taken into account the guidelines produced by the Sentencing Council; using their best opinion, they arrive I raised the proposal for judicial scorecards on the at a decision as to what is the most appropriate sentence Floor of the House with the Minister’s boss, the Lord and that sentence is then imposed; but they never know Chancellor and Secretary of State for Justice, on 28 June. subsequently whether or not that sentence was effective. I asked him: The same is true for police officers. I declare an “If he will take steps to ensure that judges and magistrates are interest as a special constable with the British Transport informed of incidents of reoffending of each offender they have police. I often talk to police officers about the arrests sentenced”. they have made and I ask, “Oh, what happened to Joe He replied: Smith, whom you arrested for fare evasion?”, or, “What “We have begun work to improve access to local criminal happened to Joe Bloggs, whom you arrested for burglary?” justice statistics. For example, criminal justice and sentencing The officer will reply, “Oh, I don’t know.” I ask, “Do statistics are now broken down to court level and are available you have any idea what sentence he was awarded?” They online. In terms of individuals, pre-sentence reports provide the court with details of a defendant’s offending history and compliance reply, “No, I don’t know. My job was done. I arrested with any previous sentences.” the offender and he was presented before the courts, or otherwise.” It is a great shame that police officers do not I then said: know that information; they are not informed about “Although it is important to have judicial independence, surely what happens to the people they arrest. The same is true it is not beyond the wit of the Department that each judge and for the judiciary, regarding the people they sentence. each magistrate should be given an annual report card on the effectiveness of their sentencing decisions. If they have given out a Our criminal justice system would be improved if string of sentences and the convicts have reoffended regularly, judges and magistrates knew more about what happened that judge or magistrate will know that something is wrong with to the people they sentence. At one level, that is a very their approach.” human thing. We are dealing with individuals who have He replied: broken the law and the judges and magistrates are doing “As I said, we have begun work, and that is certainly an their best to impose the correct sentence, but unless they interesting suggestion. A massive amount of data would be are updated on whether or not that sentence was effective involved in providing every judge and magistrate with full information there will continue to be a big gap in our criminal justice about everybody they had ever sentenced”. —[Official Report, system. 28 June 2011; Vol. 530, c. 738.] Mr Bone, you will know that 10% of criminals commit I was pleased that the Lord Chancellor and Secretary 50% of the crime in this country. You, I, the Minister of State for Justice saw this idea of judicial scorecards and everyone in this House, as well as all of our constituents, as an “interesting” approach, but it sounds to me from 95WH Judicial Scorecards7 SEPTEMBER 2011 Judicial Scorecards 96WH his responses in June that the Ministry of Justice is other metropolitan areas in August, when the clerks to already making some progress towards them. If statistics the magistrates seemed to be saying, “You don’t have to are being adhere to the guidelines that have been issued by the “broken down to court level and are available online”, Sentencing Council; make the riots a special case.” My we are going in the right direction, and I do not believe constituents would say, “The stiff sentences awarded to that it would necessarily involve a massive amount of rioters should be the same as the stiff sentences awarded data to tie up an offender’s criminal history with the to everyone, not just in August 2011 but all the time.” judge or magistrate before whom they appeared. It There should be consistency in sentencing, and the would help to make the criminal justice system far more judicial scorecard approach would help. effective. At the end of the day, what my constituents It comes down to the number of people we sentence want is judges and magistrates to award sentences that to prison terms, and I think that my constituents’ view are effective in preventing reoffending. introducing more is that not enough criminals go to jail. There seems to transparency into the system to reveal whether judges be a myth in this country that we have too many people and magistrates are awarding such sentences would in prison, but I contest that that is absolutely not the assist the judges and magistrate themselves, and help to case. If we look at the percentage of prisoners per improve the effectiveness of our criminal justice system. 100,000 people, we are pretty near the global average, but if we look at the number of prisoners in relation to In the exchange on the Floor of the House that I the number of crimes committed we do not have the mentioned earlier, another Member asked: highest prison population in the western world; we have “There is considerable evidence that judges do not know the lowest. On that measure, compared with the United enough about what happens once they sentence prisoners and States, Canada, Australia and the EU as a whole, the those sentences have been disposed of. Will the Justice Secretary do what he can to increase the experience obtained by judges of UK has the lowest prison population of all. For every those disposals and will he ask the Sentencing Council to advise, 1,000 crimes committed in the UK, we have about with a particular focus on what works in preventing offending 13 prisoners, compared with about 15 in Canada and and reoffending?” Australia, considerably more than 20 for the EU as a The Justice Secretary replied: whole, and a whopping 166 in the United States. The “The Sentencing Council is already under a duty to provide country with the lowest prison rate—the UK—has information about the effectiveness of sentencing practice”.—[Official the highest crime rate. Is that a coincidence? I do not Report, 28 June 2011; Vol. 530, c. 738.] think so. It seems to me, however, that that duty to provide We have more than 10,000 crimes for every information about the effectiveness of sentencing practice 100,000 people. The country with the highest prison rate is not specific enough to the individual judges and —the United States—has the lowest crime rate, with magistrates making the decisions. We do not have that about 4,500 crimes for every 100,000 people. Canada, far to go from the collection of statistics at a court level which is the country with the second lowest prison rate, to doing it on an individual level for each judge and has the second highest crime rate. The EU as a whole magistrate. has the second highest prison rate and the second lowest crime rate. In my view, those are not coincidences. That is not to criticise judges and magistrates; it is to help them. We know that every time we stand up and The purpose of today’s debate is to be helpful to Her speak in this place, and every time we vote, information Majesty’s Government. I have come here with a constructive is recorded for every member of the public to access suggestion to make our judicial system more transparent. online, to see whether we are turning up and representing I thank judges and magistrates for the work that they constituents’ concerns. Every time a premier league do on behalf of us all, but they need assistance in the footballer kicks a ball, the data are recorded and a form of information about how effective their well-meaning scorecard is produced of his effectiveness throughout sentencing decisions are. My constituents would like to the season. I believe that the information is there in the see stiffer justice; they would like to see recidivist offenders court process, and it could be distilled in a simplified put behind bars for longer, not only as a punishment way in an annual report card, helping to inform judges but to aid their rehabilitation. I know that the Justice and magistrates about whether they are making the Minister is very sympathetic to that view because he has right decisions. said so to the House. A judicial scorecard system need not be complex; it could be very simple and straightforward. Evidence about this sort of thing was presented to Presenting each judge and each magistrate with an the Select Committee on Justice in 2009-10, and included annual report about the effectiveness of their sentencing in its January 2010 report entitled “Cutting crime: the decisions would be a good thing for the criminal justice case for justice reinvestment”. Michael Marcus, a circuit system in this country. court judge from Portland, Oregon, presented evidence to the Committee about how this sort of approach can help the judicial system to be more effective because of 11.17 am the awarding of correct sentences. With yesterday’s The Parliamentary Under-Secretary of State for Justice welcome announcement from the Ministry of Justice (Mr Crispin Blunt): It is a pleasure to serve under your about the introduction of television into courts, it seems chairmanship, Mr Bone, and particularly to reply to that the Department is receptive to making our criminal your near neighbour, my hon. Friend the Member for justice system more transparent. Kettering (Mr Hollobone), whom I congratulate on The Justice Minister will know, as will you, Mr Bone, securing the debate and bringing up the matter of that many of our constituents do not have the confidence judicial scorecards. they ought to have in our criminal justice system, because I have, of course, noted the question that my hon. some of the sentencing decisions are not consistent. We Friend put to the Justice Secretary during oral questions have the recent example of the riots in London and about whether steps would be taken to ensure that 97WH Judicial Scorecards7 SEPTEMBER 2011 Judicial Scorecards 98WH

[Mr Crispin Blunt] or, for that matter, anyone involved in bringing a case to court—based simply on whether the defendant goes on judges and magistrates were informed of incidents of to commit further crimes. There is a risk that, if we reoffending of every offender they had sentenced. As introduced scorecards linking sentencing to reoffending my hon. Friend has made clear, he is aiming for feedback outcomes, individual sentencing decisions would be and public transparency for individual sentencers on criticised because the offender went on to reoffend. The the effectiveness of their sentencing practices, so that sentence handed down is only one of many factors that they are able to identify where something is wrong with affect reoffending. their individual approach. I have listened to my hon. Towards the end of his remarks, my hon. Friend used Friend very carefully, with my usual level of interest, the phrase “simple and straightforward”. I must tell and I concur with the Justice Secretary that his suggestion him that dealing with the rehabilitation of offenders—trying is interesting. to act on all the levers that affect an individual, determining My hon. Friend knows from previous debates we how easy it will be to rehabilitate him and considering have had on foreign national prisoners that I very much all the desistance factors from crime—is far from simple welcome his interest, and his providing a spur to the and straightforward, and it does not simply involve the system to ensure that we are kept up to the mark in sentencing decision. The judiciary work in an environment areas of public interest. However, I am going to have to where no two cases are alike and each sentence reflects be reasonably plain with him here: yes, the topic is individual circumstances unique to the offence, the interesting, but I am unsympathetic with the particular defendant and the impact on the victim. Examining matter of individual judicial accountability by way of sentences in isolation from the particular circumstances scorecards for judges. of the case and the defendant’s mitigating or aggravating Let me explain why. We need to acknowledge that factors is almost certain to confuse those who were not this topic raises issues of significant constitutional present in the courtroom about why the final sentence importance, and I want to touch on those before I was imposed. Many factors affect the effectiveness of a address some of the other matters that my hon. Friend specific sentence in preventing reoffending. Some are mentioned. We might not have quite enough time for a unique to the individual; some are socio-economic. full debate on the whole of penal policy, the issue that Given the unique nature of each case, it would be he raised at the end of his remarks, but if I end up impossible for the effectiveness of sentences on reoffending having enough time, I will cheerfully move into that to be deduced in a meaningful way. Any suggestion that area. such information could be provided would be misleading to the public. The rule of law is, of course, the foundation of our democracy. For that tenet to be real, it is imperative that My hon. Friend knows that tackling reoffending is a the independence of the judiciary is maintained. As my major priority for this Government. We are considering hon. Friend will recognise, that is particularly relevant innovative ways to decrease reoffending rates. The Green in respect of sentencing decisions. Parliament has established Paper “Breaking the Cycle” set out a different approach the offence and sentencing framework that the judiciary to rehabilitation based on paying only for what works apply in individual cases, and the courts have a duty to to deliver reduced levels of crime. Although I am sure follow sentencing guidelines, which are issued by the that judges would welcome being informed of what independent Sentencing Council to promote greater happens to each defendant sentenced, if such a practice consistency in sentencing while maintaining judicial became regulated in the form that my hon. Friend independence. If courts depart from those guidelines in suggests, it would be prohibitively expensive to administer the interest of justice, they must explain in open court and might well take resource away from the front line, why they are doing so. particularly the probation service. Although the sentencing decisions of the judiciary That said, judges and magistrates take a close interest are rightly independent, they do not operate in an in the outcome of the sentences that they pass and accountability vacuum. Checks and balances within the whether defendants go on to commit further offences. I current system, such as the right of appeal, operate suspect that, like me and no doubt you, Mr Bone, my within the public domain. If certain sentences are seen hon. Friend welcomed the statements made by the as too lenient, the Attorney-General can appeal them. recorder of Manchester during the recent trial of Regina Equally, if it is felt that the final sentence is too harsh v. Carter, when he was sentencing one of the earliest relative to the circumstances of the case, the defendant people to be brought to justice for the riots. In the has the right to appeal. Like the hearings at which robust terms of his sentence, the recorder made it clear offenders are sentenced, such appeals are heard in public. in what peril people placed themselves by their outrageous The Sentencing Council has a duty to monitor the behaviour in those circumstances. If my hon. Friend operation of its sentencing guidelines. Part of that has had the chance to read it, he will have noted that, at involves considering the frequency and extent to which the end of the judgment against one defendant in the those handing down sentences depart from the guidelines, trial, who was sentenced to oversight in the community, the factors that influence sentences imposed by courts the recorder of Manchester reserved to himself the and the effect of guidelines on consistency in sentencing right to deal with breaches of that community supervision. and on public confidence in the criminal justice system. He took the opportunity judicially to take a keen interest More generally, the judiciary support efforts towards in how that defendant, who will be supervised by the greater transparency that allow the public improved probation service, got on. access to sentencing outcomes for individual crimes in That can happen in our system. It happens in the their local area while bearing in mind any reporting west London drugs court, for example, where repeat restrictions. However, it would not be right to draw offenders who entered the system because of their addiction inferences about the performance of an individual judge— are brought back month by month to the same judge, as 99WH Judicial Scorecards7 SEPTEMBER 2011 Judicial Scorecards 100WH part of their sentence oversight, to see how they are criminal justice system is no exception. Criminal cases getting on. It is possible within our system for judges to are almost always held in public, and a great deal of continue to exercise supervision of and interest in the information on court proceedings is already placed in people who come before them. Probation officers, also, the public domain. often provide the courts with general information about However, we recognise that not everyone goes to their outcomes, especially in relation to community orders, local court on a daily basis, so we are planning a so that any judge or bench can make informed decisions significant release of individual court performance data about the suitability of a particular sentence for the in January that will enable local communities to find offender before them. out how their local court is performing on a range of In May this year, my Department published details of measures. The data will include, among other things, the relative effectiveness of different sentences in reducing information on case timeliness in criminal and civil reoffending. One can interpret such data in different courts and the proportion of cracked and ineffective ways, but those data showed that, after controlling for trials at the Crown court. That represents a significant differences between offenders, those receiving community step towards keeping the public informed of how the orders and suspended sentence orders have a significantly courts are operating in their area. When looking at the lower reoffending rate—8% and 9% lower respectively— data, it will be important to bear in mind that courts’ than similar offenders who receive a short custodial performance is not a matter for the judiciary or court sentence. My hon. Friend may say, “Indeed; then they staff alone, but depends on all the elements of the should get a longer prison sentence rather than a short criminal justice system. prison sentence or a community sentence”, but we must Yesterday, the Justice Secretary announced his intention have some regard to the circumstances of the offence. to legislate to remove the ban on cameras in courts. I He seems to be driving at the idea that first-time offenders am grateful for my hon. Friend’s welcome of that should receive an exemplary sentence in order to get announcement. It is a cautious but important step that, them into prison so that they can be rehabilitated. I am taken with the data commitments, will open up the not sure that I am in precisely the same place as him on courts more widely. In addition to the data that we plan that matter. Overall, most people entering the justice to publish on court performance, we have taken several system for the first time and receiving community sentences other notable steps to provide the public with information will have a significantly lower reoffending rate than on how the criminal justice system works locally. In other repeat offenders. We must find proper strategies, October last year, we released court-level sentencing including prison at one level but also proper supervision data for each court for 2009, and in May this year, we between prisons, the probation service and the police, as released data covering 2005 to 2010. In January this is delivered through integrated offender management, year, street-level crime information was made available in order to find a more effective route to desistance for to the public via the Police.uk website. It has been very such people. We are experimenting with a bunch of popular, with 430 million hits on the site since the different pilots to see where to place the responsibility launch. In November, we will publish individual offender- in order to deliver rehabilitation. level sentencing data by court, so that the public will be I think that my hon. Friend will welcome the fact that able— the Government also have a significant transparency agenda, which will go some way towards meeting the Mr Peter Bone (in the Chair): Order. I am sorry to concerns that underlie his case. We are committed to interrupt the Minister. It has been a splendid debate. increasing transparency in public services in order better to hold public services to account, increase trust in services through greater openness and encourage 11.30 am engagement between citizens and local services. The Sitting suspended. 101WH 7 SEPTEMBER 2011 Coeliac Disease 102WH

Coeliac Disease Gordon Banks: My hon. Friend is perfectly correct. The diagnosis for coeliac disease, or certainly the first part of the diagnosis, is extremely simple—it requires a [DR WILLIAM MCCREA in the Chair] simple blood test. In fact, as a coeliac sufferer, I never received a gut biopsy test, because my blood test was so 2.30 pm overwhelmingly positive. It is relatively easy and the Gordon Banks (Ochil and South Perthshire) (Lab): It implementation of, or access to, these new tests, which is a pleasure to serve under your chairmanship, Dr McCrea, are available in chemists, is a step in the right direction. on an issue that is close to my heart or, perhaps I should Simple though that may be, too many GPs do not say, to my small intestine, because I suffer from coeliac recognise coeliac disease, never mind test for it, which is disease. I am also a member of Coeliac UK. something that we urgently need to address. As I have Coeliac disease causes damage, through gluten, to the indicated, it is first tested for via a simple blood test, surface of the small intestine and results in a reduced followed by a gut biopsy. The blood test in itself is ability to digest and absorb food. This causes malabsorption inexpensive. My hon. Friend has mentioned a test that of essential nutrients such as iron, folic acid and calcium. the public can buy for only £20 in pharmacies. Within In infants and children this can result in health problems the health service, there is obviously an economy of such as faltering growth, unexplained anaemia, chronic scale. diarrhoea and abdominal distension. In childhood, the I would like to describe some of the disease’s impacts presenting features are often relatively subtle and it is in more detail, because it would be better for the Minister much easier to diagnose if coeliac disease is on the to hear it from the horse’s mouth rather than read about radar with a GP at an early stage. For adults, coeliac it on pieces of paper. When gluten is present in our diet, disease often presents with symptoms of tiredness, reduced it destroys the villi in the small intestine. They are appetite, weight loss, mouth ulcers, abdominal bloating, eroded so that the small intestine becomes basically like diarrhoea and anaemia. a garden hose. In good Scottish parlance, Dr McCrea, Many people with coeliac disease present with apparently your food just scoots through it. As I have said, that mild or non-specific complaints, but from their perspective prevents the absorption of nutrients, and the knock-on these complaints are anything but trivial. The type and effects that that can have on young children and the degree of symptoms with which an individual presents elderly mean that this in itself—the pure lack of nutrients— are not always directly related to the gut damage that can be life-threatening. has been done. It can therefore be difficult to secure a Gluten is a protein found in wheat, barley and rye. diagnosis, and patients may present to primary care on Although some might think that it is easy to avoid a number of occasions with a large range of symptoms consuming such products, I would challenge them to try before any diagnosis is made. to do so for the rest of their lives. A gluten-free diet may Health risks linked to untreated coeliac disease include sound like the latest Hollywood fad, designed to make a poor growth in childhood, osteopenia, osteoporosis, sylph-like body, but if that was the case I would want infertility, and an increased risk of non-Hodgkin’s my money back, because it has not done that for me. lymphoma, Hodgkin’s lymphoma and intestinal The point that I am trying to make is that, while malignancy. Other auto-immune conditions are also continuing to take gluten when diagnosed with coeliac associated with coeliac disease. The prevalence of auto- disease has serious consequences for one’s health, diagnosis immune thyroid disease in people with coeliac disease also comes with serious lifestyle trade-offs. is up to 7%, and the prevalence of type 1 diabetes is between 2% and 10%. With all these complications, it is Imagine a busy day at work where all one wants to do hard to understand why coeliac disease is not routinely is grab a quick sandwich from the cafeteria. I am sure checked for. that the Minister has eaten a sandwich at his desk many times. It cannot be done. Imagine the end of a long day People can endure long periods of suffering before at work when one would rather grab a take-away than they are diagnosed, and the most recent research shows cook dinner at home. That cannot be done either. the time from the onset of symptoms to diagnosis as a Imagine an invitation from friends to go for a meal at an lengthy 13 years, during which people are at risk of Italian restaurant. Although the pizza and pasta look contracting a wealth of other conditions. One in 100 people nice, they just cannot be eaten. One may want to go the in the UK have coeliac disease, but only 10% to 15% of pub and have a bottle of beer with friends, but that them are clinically diagnosed. An estimated half a cannot be done either. One becomes an expert at reading million people in the UK are living with the condition the label on every piece of food that is bought, from but do not know it. That is too many people whose crisps, sweets to soups—literally everything. Even Marks quality of life is being diminished by years of ill health. and Spencer’s diet coke has gluten in it. Many people are living with a misdiagnosis of irritable bowel syndrome or other gut conditions, and receiving I do not want to say much more about food lines at treatment for those conditions that is not effective. That this point, but I want the Minister to think about the costs the NHS money, which we are told it does not price of a loaf of bread. Tesco’s website states that an have, and which is wasted because of the lack of a quick 800-gram loaf of white sliced bread can be bought for and accurate diagnosis of the gut condition. 47p, which is 6p per 100 grams. What does a loaf of gluten-free bread cost? It costs £2 for 400 grams, which Dame Anne Begg (Aberdeen South) (Lab): Does my is 50p per 100 grams—833% more. I will leave the hon. Friend agree that it is possible to diagnose or find Minister with that thought and return to it later. out whether someone has a gluten intolerance through a relatively simple blood test? Kits can be bought at a Dame Anne Begg: I am glad that my hon. Friend has pharmacy, so there should be no excuse for failing to picked up the issue of gluten-free food, because I am pick up coeliac disease earlier in many patients. also on a gluten-free diet, which is why—surprise, 103WH Coeliac Disease7 SEPTEMBER 2011 Coeliac Disease 104WH surprise—I am present at this debate. It is very expensive normal life in all areas of work, rest and play. Early for people on gluten-free diets, but will my hon. Friend diagnosis reduces the risk of intestinal cancer, bowel acknowledge that access to gluten-free products has cancer and osteoporosis among other things. In effect, improved immensely? Almost every supermarket now early diagnosis saves not only lives, but money. has some gluten-free shelves. I have seen a remarkable There is no cure for coeliac disease, which leaves the difference in the availability of gluten-free food during NHS with the task of managing sufferers’ condition. the four years in which I have been on a gluten-free diet. For me, diagnosis happened in my early 40s. However, However, part of the problem is that the ready-meal that is not good enough and there remains a lack of versions of foods to which one would not add gluten if guidance in the area. In 2009, the National Institute for they were being cooked at home often include gluten, Health and Clinical Excellence published guideline 86 which makes it difficult for those who lead busy lives on the recognition and assessment of coeliac disease. and do not have time to cook. That short clinical guideline offers best-practice advice on the recognition and assessment of coeliac disease Gordon Banks: My hon. Friend is right. The range and the care of those undergoing diagnosis. Although has improved, as indeed has the quality of food. In that guideline was a great result for people with coeliac some ways, perhaps I was fortunate to be diagnosed in disease, it is not mandatory to follow it and more needs the past 10, 12 or 13 years. I am glad that I was not to be done. diagnosed 25 years ago, because I did not have to eat the Coeliac UK—the national charity for people with rubbish that one had to eat 20 or 25 years ago to try to coeliac disease—has worked with NICE on that guideline, survive on a gluten-free diet. There is more choice. That forming part of the guideline development group. It is is another issue about which we have concerns following anxious to take the matter further for very good reasons. the introduction of new regulations. We are worried Gastrointestinal disorders account for about 10% of about how supermarkets will react, because everything NHS clinical work, and there is evidence that they are that they do is driven by the desire and the need to make not always well managed in general practice. Few quality profit at the end of the day. criteria are available to guide the management of such I want to talk about my own experiences without disorders. The treatment of coeliac disease requires being too graphic. In the early 1990s, feeling unwell I support, with a gluten-free diet, the monitoring and went to my GP, who eventually referred me to a specialist. management of symptoms and the screening and After having cameras inserted everywhere, I was diagnosed management of complications and other associated with duodenal ulcers and put on medication. conditions for the rest of the patient’s life. There has Unsurprisingly, that did not help much. I was then been huge oversight on the part of the Department of diagnosed with the catch-all complaint of irritable bowel Health, as GPs are struggling to meet targets for diagnosing syndrome. I endured a number of years where my conditions on the quality and outcomes framework routine comprised of largely being locked in the toilet and, with no points for gastroenterological conditions, until about 11 o’clock in the morning, and I had a rash there is an enormous gap. on my face that looked like I had exfoliated with 80-grit The QOF is a key way to ensure that GPs are incentivised sandpaper. I returned to my GP after a number of years and is a means by which we could start to see an and he referred me to another specialist who, simply on improved and accelerated rate of diagnosis and find the reading my notes, said, “I think I know what’s wrong 500,000 people who are living with the condition but with you. I think you have coeliac disease,” and he was who do not know it. Sadly, a number of applications to right. If my memory serves me right, his name was QOF have been unsuccessful, which is not good news Dr Wright and he turned out to be a bit of a wizard in for people with coeliac disease. the diagnosis of coeliac disease in the Forth valley and Scotland. I and others will be eternally grateful to him Mr Kevan Jones (North Durham) (Lab): There is also for that. some evidence that the condition is hereditary, so testing Hon. Members might be wondering why there has family members of a diagnosed coeliac is an obvious been a personal lesson from me and whether it is way to identify such individuals. If doctors diagnose designed to foster sympathy. No, it is not. It is designed somebody as coeliac, would my hon. Friend suggest to highlight the fact that, as I have said, the average time that other family members should also be tested? for diagnosis in the UK is 13 years. That is sometimes 13 years of not being able to work; 13 years of worry Gordon Banks: I do and I will. I shall come on to that about dying; 13 years of someone worrying that their later. My hon. Friend is perfectly right. wife thinks they are dying; and 13 years when the only Moving back to the QOF, approaches for groupings people who are happy are the manufacturers of toilet of gastroenterological conditions are being made. Those roll. Part of the purpose of today’s debate is simply to are important because coeliac disease is four times more stress that that is not good enough. Much more needs prevalent among patients with clinical presentation of to be done to recognise coeliac disease and the array of IBS, as in my case, than among the non-IBS population. symptoms in people presenting to a GP. They should There is also a NICE guideline that recommends the not be told what my GP said to me when I returned to screening of patients with type 1 diabetes, but we do not him after being diagnosed: “Oh coeliac disease. I never know whether that screening is taking place. Without think of that. That’s two I have missed this month.” more stringent ways to incentivise and measure, we will That is not good enough. not know. Why is it important to improve diagnosis times? It As my hon. Friend says, screening family members saves being given expensive drugs for other complaints when coeliac disease is present in the family is also a key that are totally unnecessary and, as I said, it saves concern. He might be interested to know that prevalence a sufferer from not being able to lead anything like a rates increase from one in 100 to one in 10 when a first 105WH Coeliac Disease7 SEPTEMBER 2011 Coeliac Disease 106WH

[Gordon Banks] As I have said, once diagnosed, the only way forward is to manage the condition through a gluten-free diet. degree relative has the condition. GPs should be screening, Many people do that through relying on prescriptions but we know that that is not happening routinely. I as the foundation of their condition management. On know full well is has not happened in my family, but it prescriptions, as the NHS looks to drive costs down should. Coeliac disease is also more prevalent in people during the past 12 months, a number of PCTs have with other auto-immune conditions such as type 1 placed strict limits on what can be prescribed for patients diabetes, as I have mentioned, and auto-immune thyroid with coeliac disease. Those cuts, which include a blanket disease. Hence, antibody testing for family members removal of almost 200 products prescribed to patients where coeliac disease has been diagnosed and for patients in Surrey, East Sussex and Kent, appear to be a knee-jerk with autoimmune conditions is recommended by the reaction to costs linked to gluten-free foods on prescription. NICE coeliac recognition and assessment guideline. At the same time, they potentially threaten the long-term health of people with coeliac disease. The Minister will be glad to hear that improving diagnosis is only one part of the answer; we also need Hon. Members may have seen that, in July, a story improvement in the management of the condition after broke in the national press that gluten-free bread on diagnosis. There are established clinical guidelines from, prescription was costing the NHS in Wales £35 a loaf. among others, the British Society of Gastroenterology, The story came from misinterpreted data following a the British Society of Paediatric Gastroenterology, question posed in the Welsh Assembly. Similar anecdotal Hepatology and Nutrition and the Primary Care Society figures had been used earlier in the year by medicine for Gastroenterology, which recommend an annual review management teams linked to the south-east strategic for patients with coeliac disease and, indeed, dermatitis health authority. Although the figures given in the herpetiformis. Although that has traditionally been national media were incorrect, sadly the story missed undertaken in specialist clinics in secondary care—or, the real point about some high administrative charges indeed, not undertaken at all—it is an activity increasingly added to a very small number of products, which appear seen as suitable for primary care. We know of locally to be unjustified. enhanced services where practices provide a structured annual review, but there are not enough of them. We Dame Anne Begg: People with coeliac disease rely on would like annual reviews to be put more firmly into a gluten-free diet, and the fact they can only get gluten place to ensure that patients are complying with the free through a prescription suggests that management gluten-free diets and safeguarding against potential of the condition is seen very much as a medical model associated conditions. rather than a disability model, which is what normally happens when someone has a chronic condition and The improving management in gastroenterology— they have learned to live with it. Instead of providing IMAGE—project provides a model for the development gluten-free food through a prescription, might not the of quality markers for chronic disease management Government consider making it one of the criteria that including coeliac disease. The project has developed would allow people to get the lower care rate of disability patient-centred quality criteria based on current guidelines living allowance? That would give people the money in and has already been a source of a range of published their hand and give them the choice to buy off the shelf, papers, but health inequality is also a key concern in particularly now that most supermarkets have a range this area. Research has shown that coeliac disease is of gluten-free goods available. It is more expensive, so it twice as likely to be diagnosed for the least deprived would be an extra cost of their disability, but that might quintile of socio-economic groups than for the most be a cheaper and better solution for the Government. I deprived; it is usually the other way around. There is wonder whether Coeliac UK, or anyone else, has thought more work to be done to understand those results, but of that. the working hypothesis is that the disease is under-recognised in the most deprived socio-economic groupings as a result of the wide-ranging nature of symptoms and, Gordon Banks: In fact, Coeliac UK, myself and, I indeed, access to health care. think, my hon. Friend the Member for North Durham met Ministers in the previous Government to discuss Where do we go from here? The NICE guidelines on that very issue. It does not seem to be something that recognition and assessment of coeliac disease showed Governments want to embrace, but my hon. Friend the that the “no diagnosis” strategy is the least effective Member for Aberdeen South (Dame Anne Begg) is strategy because of the low quality of life of patients right—there are other ways to skin the cat. I will discuss and the costs resulting from undiagnosed coeliac disease. those when I talk about the method of prescribing. In applying accepted NICE thresholds, any testing strategy Overcharging or excessive charges within the NHS was shown to be more cost-effective than no testing prescription process need to be investigated at national strategy, despite the costs of the tests. Work also indicates level to hold NHS suppliers to account. It is crucial to that serological testing for coeliac disease in patients patients and to the taxpayer that we implement a cost- with symptoms such as irritable bowel syndrome, as I effective service that gives the NHS real savings and mentioned earlier, is, indeed, cost-effective. enhances provision to patients. The new NHS reforms may provide some opportunities As I have said, people with coeliac disease must avoid for people with coeliac disease and provide different all foods that contain gluten, a protein found in wheat, ways for them to be catered for within the new framework. rye and barley. Wheat is the most widely consumed Perhaps the Minister can say whether coeliac will be cereal in the UK, so a gluten-free diet requires the considered for one of the 150 quality standards soon to elimination of staple foods including bread, flour, pasta be rolled out, so that we can see diagnosis rates start and biscuits. Gluten is also found in cakes, pastries and to improve. in foods that one might not expect, such as many 107WH Coeliac Disease7 SEPTEMBER 2011 Coeliac Disease 108WH sauces, soups, soy sauce, ready meals and some cooked On the cost of the gluten-free diet to the patient, meats and sausages. Removing wheat, barley and rye- having the disease does not entitle people to be exempt containing ingredients from the diet can therefore result from prescription charges. People with coeliac disease in a restricted and potentially unbalanced nutritional in England are charged £7.10 per order unless they have intake. People with coeliac disease may obtain gluten-free a medical exemption due to different health conditions, specialist foods from a wide variety of sources including age or financial circumstance—although they can use a supermarkets, health food shops, mail order and, as we pre-payment certificate, of course. Research from King’s have mentioned, on prescription, but some of the gluten-free College London earlier this year found that there is brands that are available on prescription are not available limited availability of gluten-free foods in different stores from other outlets. It is extremely important that health and that they are more expensive than their counterparts—I care professionals provide advice, support and information refer the Minister to my Tesco bread comparison. That to ensure that people with coeliac disease have a nutritionally finding has been supported anecdotally by stories from balanced and varied gluten-free diet. Diagnosis should Coeliac UK members, who often report having to travel not lead the patient down the path to other unnecessary to more than one supermarket to complete a shopping problems. trip owing to the limited range of foods in their local stores. The problem is noticeably worse for people living Coeliac UK, the Primary Care Society for in rural communities, so it is not solely about price; Gastroenterology and the British Dietetic Association access is also a factor. If one cannot travel to a range of have written guidelines to help health care professionals supermarkets for shopping, the lack of a bus service in prescribing gluten-free foods. The guidelines define may impact on health. different categories—children, male adults, pregnant women and the ages of patients—allocating each a In the past three years, Coeliac UK has undertaken number of units per month per group to maintain research into cost comparisons between gluten-free and adequate nutrition. Each gluten-free product is assigned gluten-containing foods on the high street. On average, a number of units: for example, a 400-gram loaf of gluten-free foods have been found to cost three to four gluten-free bread is one unit and a 800-gram packet of times more than their gluten-containing equivalents. gluten-free spaghetti is two units. The recommended Some foods, such as gluten-free pitta bread, cost seven amount of gluten-free staple food, in units, is based on times more. Again, I refer the Minister to the Tesco the total carbohydrate intake providing approximately bread comparison, to which we will keep coming back. 50% of the energy intake, with gluten-free foods on For the average shopper, that can mean a difference of prescription making up 15% of that total. approximately £400 a year for staple foods such as bread, flour and pasta alone. Evidence suggests that As I have said, coeliac disease is unique in that a people on lower incomes, or families with multiple specific and effective treatment is available in the form members with coeliac disease, already struggle to maintain of a lifelong exclusion of gluten from the diet. Those a gluten-free diet and that without access to gluten-free who adhere strictly to a gluten-free diet can lead full, prescriptions their long-term health could be put at active lives—they can even become Members of real risk. Parliament—and are protected from the development I understand that there is a number of reasons for the of health risks associated with the untreated condition. higher cost of specialist gluten-free foods; they include Research by Hall and Rubin in 2009 shows that among the expense of buying alternative grains to replace adult patients with coeliac disease, adherence to a strict wheat, product development, nutritional composition gluten-free diet is variable, with compliance ranging by fortifying with other items such as calcium and the from 36% to 96%. The evidence also shows that following considerable need for food science. However, that does a gluten-free diet is particularly difficult for those patients not change the impact on the individual. It is therefore with no obvious symptoms. Medical experts and research vital that gluten-free foods remain on prescription, as agree that access to a range of gluten-free food on they have done for the past 40 years. prescription is important to support people with coeliac disease and to help them to maintain their nutritional The Advisory Committee on Borderline Substances needs. approves a number of products, such as foods and supplements, that can be available to patients on Research undertaken by Coeliac UK, among the prescription. When a manufacturer applies to have its charity’s membership in 2006, suggests that access to product available on prescription, it needs to have it gluten-free food on prescription is regarded as the most approved by the ACBS. The ACBS will look at the type important factor for people with coeliac disease in of product, its nutritional value, cost, and even its terms of adherence to a gluten-free diet: nearly 87% wrapping and the words written on the wrapping. The cited it as an important factor in maintaining a gluten-free cost covers the cost of the product, plus postage and diet and 47% cited it as the single most important packaging. That cost should be the total cost to get it factor. A further survey on gluten-free prescribing from the factory to the pharmacy. Slightly fewer than undertaken by the charity in 2011 among 400 people 200 products are currently approved by the ACBS for with the condition showed that 60% of respondents people with coeliac disease. They include a range of rated gluten-free food on prescription as the most important staple products, as outlined earlier, some ethnic foods way of obtaining gluten-free foods for their diet. Although and products such as biscuits, if they are necessary for people with coeliac disease have varying requirements an elderly person’s diet or someone who needs a high for gluten-free foods, depending on their age, gender, sugar intake. occupation and lifestyle, having a wide range of specially Following an internal review earlier this year, the formulated gluten-free products available on prescription ACBS has agreed that in future it will consider only and easily accessible is vital to promote strict dietary products that are considered to be dietary staples, including compliance. plain breakfast cereals, breads and rolls, crackers and 109WH Coeliac Disease7 SEPTEMBER 2011 Coeliac Disease 110WH

[Gordon Banks] pharmacies, thus bypassing the GP. They allow commissioners to standardise prescribing habits, which crispbreads, flours and bread mixes, pastry mixes, pasta, would address NHS concerns about excessive and off-tariff pizza bases and xanthan gum. That list will become a prescribing. Furthermore, they might help to tackle very firm base to be adhered to. It is, however, worth handling charges by placing limits on what charges may spending a moment or two on the supply chain for these be reclaimed by pharmacists without compromising prescriptions, because that is where I will bring the patient satisfaction. Minister back to the cost implications that I spoke Looking for ways to streamline the system is not new. about earlier. In 2001, the Cabinet Office regulatory impact unit The supply chain is made up of a web of individual published a report on reducing GP paperwork. It contractual agreements between manufacturers, wholesalers recommended that GPs should no longer need to issue and other distributors and pharmacists. Those individual prescriptions for gluten-free foods; instead, patients contracts are not regulated by the NHS. The end price with coeliac disease should be able to obtain supplies to the NHS is agreed with the manufacturer by the from a pharmacy. The proposal was supported by the ACBS, and that is the so-called drug tariff price. The Royal College of General Practitioners, Coeliac UK end price should include any related transport costs—a and the Pharmaceutical Services Negotiating Committee. point reinforced by the ACBS earlier this year. The The National Pharmacy Association has developed a costs associated with gluten-free prescriptions hit the toolkit for NHS commissioners outlining the business NHS when the pharmacist reclaims them, and there are case for an alternative supply route for gluten-free foods two potential components: the drug tariff price agreed on prescription. That is due to be launched this month by the ACBS and what are called out-of-pocket expenses, and is supported by the Primary Care Society for which are very interesting. Gastroenterology and the Dispensing Doctors’Association. The headline costs to the NHS of gluten-free products The toolkit is being promoted to all PCTs, health boards arise largely from the impact of those out-of-pocket and GP commissioning groups, which are urged to expenses claimed by pharmacists as a result of additional implement the pharmacy-led schemes as soon as possible— charges invoked by wholesalers and distributors for but why? what is called non-standard supply. For example, the The potential benefits of a pharmacy-led prescribing product might not be stocked as a standard item by the scheme are many and include: improved dietary compliance wholesalers, it might require ordering from an intermediary, and health outcomes, as good dietary adherence is or it might be treated as special because it has a short aided by the ease with which patients can obtain appropriate shelf-life, such as a fresh product has. Those additional amounts of gluten-free products on prescription; and a costs remain relatively uncontrolled, however, because reduction in the annual cost per patient for the supply there is no specific agreement on how much may be of gluten-free foods. According to surveys of costs from charged by the wholesaler. The pharmacists will need to Northamptonshire and Cumbria, savings of between reclaim those out-of-pocket expenses if they are not to 20% and 40% are possible in the ingredient cost of be disadvantaged. gluten-free foods. Members might be interested to note The application of such costs varies considerably and that the annual ingredient cost in England for the depends on the individual contracts up and down the provision of ACBS-approved gluten-free foods in 2010 supply chain. It might be difficult for a manufacturer to was approximately £28.6 million, yet gluten-free foods control the addition of such costs further down the comprised only 0.32% of the total net ingredient costs supply chain, just as it might be difficult for pharmacists of all prescribed products. However, the introduction of to control such costs when they are tied to a particular a pharmacy-led scheme in England for gluten-free products wholesaler. Such practices may be seen in relation to alone would be expected to produce savings of between other products supplied to the NHS, and might be £5 million and £11 million in the first year. increasing as the NHS strikes harder bargains on the Another benefit would be the release of clinical time. supply of high-value contracts for more common In 2002, the Royal College of General Practitioners treatments. The impact of such practices is not currently estimated that the initiative, had it been implemented at understood, so it would be useful if the Minister today that time, would have saved 209,000 appointments or commits to a robust assessment of the real costs to the more than 20,000 GP hours of clinical time. In a survey NHS of additional charges associated with the supply undertaken by Coeliac UK, GPs have confirmed that a of products—not only gluten-free ones—and to instructing change to pharmacy supply eases demands on their relevant bodies to enter negotiations with the supply time. Also, overprescribing could be prevented by chain to explore the possibility of reducing costs overall. application of national guidelines, as all pharmacy-led That might even involve looking at the drug tariff price. schemes are based on the 2004 prescribing guidelines. We all recognise the financial constraints currently By following a set monthly allowance, it is possible to faced by PCTs and health boards throughout the UK, prevent individual or nutritionally unsuitable prescribing— but responding to those constraints by eliminating access that benefit was identified in the roll-out of the Cumbria to gluten-free foods is potentially damaging to overall PCT pilot scheme. patient health, while there are more proven effective Better cost control could be another benefit, as the ways of managing the costs of gluten-free prescribing. pharmacy-led schemes provide better individual patient The NHS should not be subject to excessive charging, cost control because the pharmacy supply schemes are but nor should patients be left unnecessarily paying the based on a system of units of gluten-free foods linked price of additional costs; instead, we need to be smarter. to the patient’s dietary needs, rather than on patient-led We can be smarter by using local enhanced service prescribing by GPs using form FP10. There is a need for contracts. Pharmacy-led prescribing schemes allow gluten- better cost control as more people with coeliac disease free foods to be supplied directly from community are diagnosed, in accordance with NICE recommendations. 111WH Coeliac Disease7 SEPTEMBER 2011 Coeliac Disease 112WH

More diagnosis will itself bring a subsequent risk to GP diet is not uniformly included in training for chefs and prescribing costs and time, both of which could be front-of-house staff, and including such training would better managed in pharmacy-led prescribing. better equip staff as they move forward in their careers. A pharmacy-led scheme would also be in line with Many people with the condition feel that eating the 2008 White Paper, “Pharmacy in England: Building establishments lack knowledge and understanding when on strengths—delivering the future”, in that it would it comes to offering safe, gluten-free food, so they stay reduce the time-consuming administration of repeat in, keeping their health and money safe at home. We prescriptions in GP surgeries; contribute to the range of have not discussed cross-contamination, but it is a clinical services offered by pharmacies, in particular to serious concern, and the nature of the catering industry, those with a long-term condition; expand patients’ access with its high staff turnover, can make trusting others to treatment, making better use of pharmacists’ skills; with one’s diet difficult. As I said, many people therefore and improve the patient experience, giving more rapid take the easy way out and stay at home. access to gluten-free foods by eliminating the need for People with coeliac disease represent 1% of the GP signature of repeat prescriptions, and allowing more population, or 600,000 people, but the loss to the catering flexibility as products are launched or removed from industry is greater, because coeliacs drive the venue the market. decisions of the people they eat with. Research among more than 3,000 people with coeliac disease found that Feedback from GP, pharmacy and patient stakeholders those who eat out do so with a minimum of two to in Cumbria and Northamptonshire has been three other people. With an average spend of between overwhelmingly positive. Cumbria, a county I know £10 and £20 per head, each coeliac meal is technically well, having lived there as a child, has been at the worth £60. forefront of GP commissioning and, as such, has been able to assess pharmacy-led prescribing from two different As I said, however, fears about finding safe, gluten-free perspectives: that of a GP in a clinical practice and that options keep thousands of people at home. Some 62% of a commissioning GP with budgetary responsibility. of people suffering from coeliac disease eat out once a Dr Fayyaz Chaudhri, a GP in Maryport, said: month or less, while only 38% eat out once every two weeks or more. When people were asked how often they “I have been involved with this scheme in Cumbria for a would eat out if more safe, gluten-free options were number of years and have first-hand experience of the benefits to available, the figures nearly reverse, with 74% saying both patient and GP. There is a real issue to address in ensuring the supply of gluten-free foods. It is cost-effective for NHS, they would eat out once or more every two weeks, and patient and taxpayer, and I believe that this toolkit needs to be only 26% saying they would eat out once a month or rolled out across the country.” less. To sum up on prescriptions, I would like the Minister In these difficult times for the UK economy, harnessing to take note of the price of the Tesco bread I referred to that untapped market has obvious potential financial earlier—he wrote it down, I think. Many people cannot benefits for the catering sector. More than 40 pubs and afford to pay 800% more for a loaf of bread, more than restaurants nationally close every week, and coeliacs 100% more for spaghetti, or five times as much for a bag represent a huge market, which the hospitality sector of flour. Prescriptions are important to maintain the cannot afford to miss. People with coeliac disease want health of coeliac sufferers. Evidence from Coeliac UK to eat out more often, and they would be ready and already suggests that those disadvantaged by such costs willing to spend their money, if only they felt confident will find maintaining a gluten-free diet a real challenge about gluten-free provision. The catering industry needs and their heath might suffer in consequence. Experts in to help, and with new EU regulations coming into force gastroenterology have confirmed that access to gluten-free next year requiring a reduction to 20 parts per million food is an essential part of the treatment for sufferers of of gluten for food to qualify as gluten free, it needs to coeliac disease. I urge the Minister to look at smarter do more to convince coeliacs that it is aware of the law ways of achieving it and I condemn rash reactions such and working within it. as withdrawing prescribing, as we have seen in some Being elected to this place in 2005 was a challenge to places. me in more ways than one, given that I was diagnosed with osteoporosis during the election campaign and Le me say a word or two about eating out, to reinforce that I came down here not knowing whether I would be what I touched on earlier. I know that it is not the able to eat between Monday and Thursday because of Minister’s direct responsibility, but he will no doubt my coeliac disease. However, as a result of contact with feed it back to the appropriate Minister—though he Coeliac UK, and with the help of others, such as Lord looks puzzled. Currently, eating out is a lottery for Bilston and my hon. Friend the Member for North people with coeliac disease. The gluten-free diet is not Durham, it was possible to constitute the all-party well provided for in the catering industry and dealing group. That was done not only to help coeliacs in with the issue would have significant impact on the Parliament, but to allow parliamentarians to use their quality of life of people with coeliac disease. Although personal experiences of, or interest in coeliac disease to the industry is responding to some degree to the needs help to raise the issue directly with the Government, of people on a gluten-free diet, provision is not uniform. and I am happy that we have been able to that further Those who eat out often have to draw attention to today. themselves, asking to see the chef or the list of the I am glad to see both my hon. Friends in their places, ingredients that make up the meal. Often, they are faced and I am sure my hon. Friend the Member for North with a member of the front-of-house team who has no Durham will not mind me outing him as a fellow idea what they are talking about, or they are passed to diagnosed coeliac. However, there is a serious point the chef, who might have a better understanding of here. As I said, one in 100 people in the UK suffer from their diet, but not necessarily. Catering for a gluten-free coeliac disease, but about 500,000 of them have yet to 113WH Coeliac Disease7 SEPTEMBER 2011 Coeliac Disease 114WH

[Gordon Banks] We have talked about the economic impact on the hospitality sector, but there is a wider economic issue. be diagnosed. While some of us in the Room share the For example, children who are off school unnecessarily unenviable label of being among the few MPs to have may face educational challenges that impact on not been diagnosed with coeliac disease, there is a good only their schooling but their employability in later life. chance that other Members also have it—they just have Similarly, having part of the work force stuck in the not heard the good news yet. toilet rather than sitting at their desks is clearly something We last debated issues related to coeliac disease in that the country needs to avoid. We all know that a February 2007, so today’s debate is long overdue. I am healthier country is a more productive country. Indeed, grateful to have this opportunity to lay my thoughts figures obtained by Coeliac UK show that pre-diagnosis and hopes before the Minister, and I look forward to coeliac sufferers took an average of 21 sick days off per hearing his comments in a minute. year, whereas those who had been diagnosed took an average of only three days off per year. Dame Anne Begg: Before my hon. Friend finishes, I Work carried out by Coeliac UK suggests that the should pay tribute to the work that he has done to make average age for diagnosis is 41, and the average time sure that the catering outlets in the House of Commons taken for diagnosis is 13 years. A great deal of work is offer a gluten-free alternative on every menu. That has therefore required to reduce those unnecessary years of made life a lot easier for those of us who are trying to suffering and the worry that accompanies them. There follow a gluten-free diet. More restaurants are following are a number of key messages I want the Minister to that example, but he is right that eating out, which is take away from the debate—I am sure he already knows often part and parcel of an MP’s job, is difficult. However, them, but I would like to reinforce them. First, early the House authorities should be congratulated. diagnosis is vital. The later the diagnosis, the worse the condition and the worse the implications for other Gordon Banks: They should, and I thank my hon. conditions that are likely to be inherited as a result of Friend for her comments. We are just waiting for one of coeliac disease. Secondly, better management of the us to be elevated to the House of Lords, because there condition is possible and will save money. are some difficulties over there. I have moaned a lot this afternoon about the many I might be pushing my luck, but I would like to invite problems facing those suffering with coeliac disease, the Minister and his officials to come to a future meeting and it would be wrong of me to create the impression of the all-party group to talk a little more about what that improvements have not been made. Indeed, my the Government are doing and to hear first hand from hon. Friends have mentioned some of them. Just to take non-parliamentary coeliacs, because many of the issues Parliament as an example, the cafeteria was a risk too that were relevant to the February 2007 debate are still far for me when I came here in 2005, and my hon. relevant four years later. Friend the Member for Aberdeen South alluded to that. Now we have better labelling and greater understanding I have talked about the challenges created by eating among the staff, so it is much easier to eat in Parliament, out. Research from Coeliac UK has shown that almost and the staff deserve a big thank you for that. As my seven out of 10 people with coeliac disease prefer to eat hon. Friend mentioned, however, that progress needs to at home, rather than to go out for a meal. I happen to be be replicated in work canteens, restaurants, bars and making one of my irregular sorties to a restaurant on shops across the UK. The products have also got better, Friday night, so I hope that the staff at Aldo’s in Alloa even though that is reflected in their cost. It is important can cope with me. However, this is not just a social to accept that the food must be edible, not repulsive, as problem. Members of the all-party group will be aware it was a number of years ago. of cases that have been brought to us in which sufferers of coeliac disease have been prevented from joining the Before I wind up, I want to return to the issue of police or the Army because of their condition. awareness and to say a few thanks. I never thought I Sufferers are looking not for sympathy, but for action, would say this in my parliamentary career, but I would understanding and knowledge. Too often, that knowledge like first to thank the world’s No. 1 tennis player, Novak is missing, even among the professionals. I therefore Djokovic, who has been following a gluten-free diet for return to some of the points I made earlier. We need to the past year. That coincides with his rise to the top of ensure that there is much wider knowledge and the world rankings. It is difficult for me to admit this, understanding of coeliac disease among the public and, but he may serve as a better ambassador for the health perhaps more importantly, among the medical and benefits of a gluten-free diet than me or any of my hon. catering communities. We need that knowledge not only Friends here today. among catering or hospitality staff in local restaurants I also thank Phil Vickery, the well known chef, who or hotels; staff in hospitals need a greater understanding has focused on gluten-free food and how it can be of the illness, too. accommodated in the catering industry, and who is a Let me give an example. A friend of mine who is a Coeliac UK food ambassador, and Dr Chris Steele, the social worker told me about an elderly woman from his well known TV doctor, and another coeliac ambassador, care home who had been hospitalised. Despite staff who was fairly recently diagnosed with the condition. from the care home advising the hospital of her need The biggest thanks must go to Coeliac UK, where for a gluten-free diet and of her coeliac condition, her Sarah Sleet and her staff, including Jo Archer, are social worker walked into the hospital one day and committed to tackling all the matters that I have raised found her sitting up in bed eating toast. If we cannot get in a determined and professional way. They represent this right in hospitals, what chance do we have in the coeliac sufferers splendidly, and long may they continue wider community? to do so. 115WH Coeliac Disease7 SEPTEMBER 2011 Coeliac Disease 116WH

To sum up, coeliacs want and need better awareness issues, which can be remedied by some of my hon. of their condition among the medical profession, an Friend’s suggestions. Nevertheless, the entire tenor of informed approach from the catering and hospitality the article was that people are somehow getting free industry, and an understanding from the Minister that food on the NHS—not just loaves of bread but biscuits, prescriptions are vital but that we may be able to do cakes and things like that, which is not the case. Gluten-free things better. products are a very expensive part of the household budget, certainly for families with more than one person affected. I do not get products on prescription, but 3.20 pm purchase them. My hon. Friend the Member for Aberdeen Mr Kevan Jones (North Durham) (Lab): I congratulate South (Dame Anne Begg) is right; the range of products my hon. Friend the Member for Ochil and South Perthshire available now is far wider than when I was diagnosed. (Gordon Banks) on securing the debate. I also thank As for the idea that people are getting foods free, as has Coeliac UK for its work in campaigning and research, been said, they are not: if they receive them on prescription and the information that it gives to many thousands of they will pay for that anyway. Many people do not individuals who are diagnosed with coeliac disease. choose to take anything in that way. I have two interests to declare. I am the chair of the The reaction to the publicity, and the pressure on all-party coeliac disease group and, as my hon. Friend NHS budgets to secure value for money, which we the Member for Ochil and South Perthshire said, I was would all support, has been a knee-jerk reaction to go diagnosed with coeliac disease nearly 10 years ago. I the other way and reduce the number of products that want to reiterate a point that my hon. Friend made, people can get. That is not acceptable for low-income which is that what we are discussing is not the latest families and those who rely on gluten-free products on fashionable diet, or a lifestyle choice: it is a medical prescription. My hon. Friend the Member for Ochil condition. Sometimes it seems from media coverage, and South Perthshire talked about a cost of about £400 and media understanding of the gluten-free diet, that a year, but in some cases it could be more, depending on people have a choice whether to eat foodstuffs containing how many affected people there are in a family. It has gluten. We do not have that choice, because of the been recognised that the condition is not a fad or serious health conditions that my hon. Friend has already lifestyle choice, but a disease that needs treatment; and mentioned. It is important to ensure awareness and proper management can save the NHS money. People wider understanding, including among GPs. will not present at GPs’ surgeries with undiagnosed It is worth reflecting on how people are diagnosed. conditions. They can live perfectly well with the condition I was diagnosed 10 years ago, at the age of 37. Did I if it is properly managed; and my hon. Friend might know I was intolerant to gluten? No, I did not. It was agree that in some cases that improves health, because only following a serious stomach operation that the the diet is quite healthy—including, in my case, not consultant who treated me did tests and biopsies, and being able to drink beer. said, “You do realise that you are suffering from coeliac There has been a knee-jerk reaction from some PCTs. disease.” Had I heard of coeliac disease? No, I had not. Is it acceptable that arrangements with suppliers are As with all such things, people learn quickly. I have costing the NHS money? No—and I think that the heard stories from talking to many members of Coeliac Cumbrian and Northamptonshire examples are a way UK regional groups—and I thank the volunteers who forward. If we encourage PCTs to adopt the approach run local groups for providing information. More often of having prescriptions managed by the pharmacist, than not, the people I have talked to received mistaken not only will the NHS save a lot of money, but that will diagnoses. Awareness among consultants, as well as be better for people who suffer from coeliac disease GPs, is an issue. than going to the doctor for a prescription. I have One may ask what the average age of a coeliac is, but talked to my GP about it, and doctors do not really there is not one. I have met parents whose children review what is on the prescription. They just keep became ill soon after they began eating food, by two signing it. At least if the process happens in the pharmacy, and three years old. My 71-year-old mother was diagnosed the pharmacist, who knows the people involved, may only last year, and that was only because I asked her to review the quantity or type of products that the individual insist that her doctor tested her for it. Interestingly, wants. I think that it would reduce the possibility of many of the complaints and health issues that she has people getting the same prescription repeatedly, whether had over many years were explained by coeliac disease, they need it or not. The pharmacist would be able to and the diagnosis has changed the way she feels. Awareness manage things. If someone has a prescription for eight is important, therefore, not just in the wider population, loaves, but does not need them, why keep paying for but among GPs, to ensure that they ask the questions to them? find out whether a patient’s symptoms are down to The examples and pilots in Cumbria and coeliac disease—and the symptoms can be quite varied, Northamptonshire show that not only can costs be as my hon. Friend the Member for Ochil and South driven down, but the service to the patient can be Perthshire said. improved. There is an easy win there, and Coeliac UK I do not think that matters have been helped in the and pharmacists are quite keen on the idea, and so are past few months by press coverage of prescription GPs, because it would cut the person hours taken up in charges. Some of the debate is ill-informed. Earlier in writing the prescriptions. The pilots provide good instances the year a headline in The Sun ran: “NHS pays £32.27 of how GPs’ time is freed up. I urge the Government to for a loaf of bread”. As my hon. Friend has mentioned, look seriously at that, and consider how such best if the story had been looked into, it would have been practice can be moved across. Quite rightly, when there found that the sum was paid not for one loaf of bread, are lurid headlines about people paying £32 for gluten-free but for a number of products. However, there are underlying bread, on top of the actual costs, that is not acceptable. 117WH Coeliac Disease7 SEPTEMBER 2011 Coeliac Disease 118WH

[Mr Kevan Jones] The other reaction, which one gets from British Airways and which is amazing, is that whenever one asks for a If we can do something to reduce that problem, it gluten-free meal it thinks that that means vegetarian. I would be good. We need to see more positive and am not sure why, but it seems to think that one can eat constructive articles. To be fair, the Daily Mail in its what everyone else eats, but without the sauce. It seems health section has carried quite a few good articles to think that coeliacs are vegetarians, and my usual about coeliac disease, explaining its symptoms, and response is to ask whether I look like a vegetarian. promoting the suitable food that is available. There should be a campaign to persuade airlines and Some quick wins are available for the Government train companies that provide meals to ensure that their and the NHS, if they are allowed to take them on staff know what a gluten-free diet is. They could also be board. As chair of the all-party group, I would like the more imaginative about what they provide, because it is Minister to attend a meeting if that could be fitted into often inedible. his diary commitments, and to meet the members of the group and others from around the country. Dame Anne Begg: My hon. Friend may agree that if one tells an organisation that is providing a sandwich The Minister of State, Department of Health (Mr Simon lunch that one wants a gluten-free sandwich, it always Burns): I am grateful to the hon. Gentleman, and it seems to provide the worst possible gluten-free bread, would be extremely useful to attend such a meeting. without the same filling as everyone else. One is given However, he may wish to invite the Minister of State, processed cheese or a bit of cold ham, and looks Department of Health, my hon. Friend the Member for lovingly at the filling in everyone else’s sandwiches. Not Sutton and Cheam (Paul Burstow), who is the lead only does one get the worst bread in the world, one gets Minister on this medical condition. the worst filling in the world, when it would have been easier to take out the original filling and put it on a plate to make quite a good salad. Mr Jones: I am disappointed about that, because I was looking forward to the right hon. Gentleman’s Dr William McCrea (in the Chair): Order. Time is attendance. He is a good friend, but I will obviously passing, and the Opposition Front Bench spokesman leave it to the Department to decide who is the best and the Minister must their winding-up speeches, so person to come, and we will certainly issue that invitation perhaps the hon. Gentleman will draw his comments to in the next few days. a close. I want to pick up some of the issues that my hon. Friend the Member for Ochil and South Perthshire Mr Jones: I agree with my hon. Friend. When I was a raised, including the products that are available. My Minister, it took at least six months to convince those in hon. Friend the Member for Aberdeen South was right my private office at the Ministry of Defence that I did when she said that products have changed remarkably not want a salad whenever I went anywhere. in the last 10 years from bread like cardboard that was I congratulate the House authorities on the steps that hardly edible without a pint of water to some very good they have taken in the House of Commons to provide products on the market now. It is interesting that on the gluten-free products, including meals, and to put the commercial side, large bread manufacturers such as crossed grain logo on menus and so on to inform Warburtons are producing gluten-free bread, so it obviously people. I hope that the House of Lords will eventually sees a market. I have tried its bread, and it is very good. follow the same principle. That shows that it is possible Likewise, the invention of products such as Genius for catering establishments to provide for people who bread has completely changed the type of bread that is need a gluten-free diet, and the House of Commons available, and the technology for producing it. should be congratulated. There are some important The supermarkets have also changed. Asda, Tesco issues to consider, and I hope that today’s debate has and Sainsbury’s in particular have done two things. raised awareness about people who suffer coeliac disease, First, they have shelving dedicated to gluten-free products, and provided some practical suggestions, which I hope which is important. Secondly, labelling has changed, the Minister will consider. which is important for people who suffer from coeliac disease, because it is amazing how many products contain 3.37 pm gluten. Some flavours of crisps contain gluten, but others from the same producer do not. Correct labelling Ms Diane Abbott (Hackney North and Stoke Newington) is important for all products so that people may buy (Lab): I apologise for being a few minutes late for the with confidence, and see that the products that they are debate. I was speaking in the debate on Health and buying are gluten-free. It is important that the supermarkets Social Care (Re-committed) Bill that is taking place in recognise that there is a large and growing market for another part of the building. such products, so anything we can do to encourage I congratulate my hon. Friend the Member for Ochil better labelling of food content is important. and South Perthshire (Gordon Banks) on securing this My hon. Friend referred to eating out, which can be important debate. It is always important when hon. difficult, although some restaurants recognise the problem Members with personal experience of an issue or condition of gluten in certain foods. However, the bane of my life take the opportunity to make the rest of us aware of is organisations that provide food on airlines and National that experience, as he has done. Express, on which I sometimes travel. The people serving As we have heard, Coeliac UK is doing excellent the food have no understanding of what a gluten-free work, and one of the concerns that it has raised with diet is, and offer everything from sandwiches to sausages. parliamentarians is the challenge that people with coeliac When asked whether those foods contain gluten, they disease face when eating in hospital. It says that hospital look blank. food is often restricted, and even unsafe. It receives 119WH Coeliac Disease7 SEPTEMBER 2011 Coeliac Disease 120WH many calls from members who have been in hospital, continuing with that and has made a new submission to and have returned home malnourished and having suffered the National Institute for Health and Clinical Excellence considerable weight loss. Sometimes friends and family for such a target to be included. It would be helpful if have to provide gluten-free food. I hope that the Minister the Minister updated us on the Government’s position will tell us what action his Department is taking to on the issues raised in that petition. ensure the availability of gluten-free food in hospitals Apart from early diagnosis and the management of throughout England and Wales. coeliac disease, my hon. Friend the Member for Ochil Hon. Members will be aware that as well as securing and South Perthshire called this debate to discuss today’s debate, my hon. Friend tabled an early-day community-led pharmacy prescriptions. He has spoken motion in June 2010 to raise the issue of diagnosis rates. effectively on that matter. He has spoken very well on the matter this afternoon. In a parliamentary question, my hon. Friend the Member Moving on to the socio-economic impact of coeliac for Slough (Fiona Mactaggart) asked what information disease, we know that it is difficult to assess the overall the NHS provides to people who are diagnosed with burden of the disease owing to the absence of recorded coeliac disease on managing their condition. The information on diagnosis rates. There is a need for a departmental response referred to a website with detailed central register of patients with coeliac disease, and I information. The site also has information on how to wonder whether the Minister will comment on that. We ensure a gluten-free diet, with helpful examples of food know that coeliac disease has an impact on both the to avoid. However, in the light of the large number of individual and the community because of its high prevalence undiagnosed cases that we have heard about, I wonder and the long-term complications arising from late diagnosis. whether the Minister has recently discussed the diagnosis The development of osteoporosis or bowel cancer has and management of coeliac disease with representatives an impact not only on the individual affected but on the of the Royal colleges and other bodies representing community and the health service. Even in the short medical professions. term, the absence of diagnosis has a socio-economic impact. My hon. Friend said how shocked he was when My hon. Friend the Member for Aberdeen South his GP said, almost lightly, that he had missed two (Dame Anne Begg) tabled an early-day motion early other cases of the disease that month. According to an this year on issues relating to the hospitality industry, independent study commissioned by Coeliac UK in which we have heard more about this afternoon. What 2006, just under half of people with coeliac disease who discussions, if any, has the Department has held with had been wrongly diagnosed believed that their job or the hospitability industry? career had suffered due to the condition prior to diagnosis. Outside Parliament a wide range of organisations, including Coeliac UK and the British Society of As we have heard, Coeliac UK wants to see greater Gastroenterology, carry out excellent work on the condition. understanding and familiarity with the disease among In particular, the British Society of Gastroenterology GPs, and higher levels of referral to dieticians. A survey feels that an active case-finding strategy will increase of registered dieticians conducted by Coeliac UK showed the number of patients detected with coeliac disease. a wide variation nationally in the provision of dietetic Does the Department have such a strategy at present? expertise for patients with coeliac disease. Current provision is around one third of what it would be were we to Last year the British Society of Gastroenterology provide diagnosed coeliacs in the UK with basic support published its “Guidelines for the management of patients and an annual review. with coeliac disease”, in which it made a number of recommendations on what testing for coeliac disease I will conclude my remarks by saying to the Minister should incorporate and how to best manage patients. that there is a continued cost to the health service due to Has the Department looked at those recommendations, repeat visits to GPs by people with undiagnosed coeliac and does it have a position on the management of disease—my hon. Friend referred to that in his personal patients with coeliac disease? case. Furthermore, left untreated or undiagnosed, coeliac We have already touched on the excellent work of disease can lead to more serious complications such as Coeliac UK and its ongoing campaigns such as the bowel cancer, which puts an even bigger drain on health “Eating Out” campaign, which focuses on the food service resources. Coeliac UK recognises the competing service sector, or the “Product” campaign mentioned demands on health service resources and budgets, but earlier, which is about having a greater availability of coeliac disease is easily controllable once diagnosed—we gluten-free foods in supermarkets and on prescription. can see that by looking at my two hon. Friends the Of course, Coeliac UK is concerned that the medical Members for Ochil and South Perthshire and for North profession has under-recognised coeliac disease so far. Durham (Mr Jones), who are able to be excellent and It is not routinely tested for, and Coeliac UK is campaigning inspirational Members of Parliament because their coeliac to change that. We must build on the successes achieved, disease is so well managed. It is a disease that can be and I would be interested to hear how the Department self-managed if diagnosed early enough in life. plans to support the ongoing campaigns and the further Government policy needs to acknowledge the scale work of Coeliac UK. of the impact of coeliac disease across a large segment We have already heard about diagnosis, and the Minister of the population. Policy must also take into account will know that Coeliac UK has petitioned the Government the potentially serious nature of the disease, the cost in to improve the rate of diagnosis of coeliac disease by financial terms, and the suffering of the undiagnosed. including a target for GPs in the quality and outcomes In particular, measures should be taken to address the framework. If a target on coeliac disease were to be lack of awareness about the disease and provide a included into that framework, GPs would have to deliver framework to ensure that GPs receive appropriate training a better rate of diagnosis of the condition. That campaign and resources. Ongoing training should be provided to has attracted nearly 9,000 signatures, and Coeliac UK is enable GPs to give better care in the community. 121WH Coeliac Disease7 SEPTEMBER 2011 Coeliac Disease 122WH

[Ms Diane Abbott] There is only one clear path to get properly diagnosed— again, early diagnosis was another theme that was echoed Once again, I congratulate my hon. Friend the Member by all three hon. Members who took part in the debate. for Ochil and South Perthshire on securing this debate, That is an extremely important issue. The points that and my hon. Friend the Member for North Durham on hon. Members raised in making the case for early chairing the all-party group on coeliac disease and diagnosis are unanswerable. It is crucial. However, as dermatitis herpetiformis. A number of colleagues from they will know, getting a proper diagnosis requires a all sides of the House take a keen interest in this issue blood test and endoscopy with biopsy. We of course and wish to commend the work of the all-party group welcome any new tools that can help to get more people in promoting awareness about the disease. I look forward diagnosed. However, it must be recognised that pinprick to the Minister’s response. self-testing kits do not replace a medical diagnosis. Indeed, for a definitive diagnosis, it is important that 3.45 pm people have not already taken gluten out of their diet as The Minister of State, Department of Health (Mr Simon a result of self-diagnosis, because that can lead to the Burns): May I say what a pleasure it is to serve under diagnostic tests being inconclusive, with all the unfortunate your chairmanship again, Dr McCrea? I will begin with results that that has. some congratulations and an apology.The congratulations Anyone experiencing symptoms of coeliac disease go to the hon. Member for Ochil and South Perthshire should seek the advice of their doctor to get a proper (Gordon Banks) on securing this debate and on raising diagnosis and professional dietary advice on how to the issues faced by people living with coeliac disease. It manage their condition. We must ensure that people was genuinely fascinating to listen to him speak about a living with coeliac disease get the best clinical advice long-term condition that, as was mentioned by other and support available, that they are involved in decisions hon. Members, is unknown to a vast majority of people about their care and that they are fully supported to in this country. To hear at first hand about the day-to-day make informed choices. living of someone with that long-term condition was The hon. Member for Ochil and South Perthshire extremely interesting and illuminating. said, “Why not use the QOF?” With regard to the The question of illumination is where I get to my testing of people and of members of their family to see apology. I must apologise to the hon. Gentleman because whether they may have the disease, we believe that it is I am afraid he got the monkey rather than the organ up to people to raise any concerns that they have as a grinder this afternoon. As he will know, the Minister of result of a family member having the disease, and that is State, Department of Health, my hon. Friend the Member likely to result in a test for coeliac disease for those for Sutton and Cheam (Paul Burstow), is the lead people. Minister in the Department for issues such as coeliac disease and other long-term conditions. As the hon. I think that the hon. Gentleman specifically asked—I Gentleman will understand, deliberations on the Health hope that I have got this right—when or if there would and Social Care Bill are reaching their concluding hours be NICE guidelines. On that issue, I have what I hope is on the Floor of the House of Commons as the legislation some rather good news for him. There are already approaches Report and Third Reading. The Minister of NICE guidelines on diagnosis and recognition. They State’s debate on Report clashed with this debate in were published on 27 May 2009. The reason that the Westminster Hall, so I am an inadequate stand-in for guidelines were drawn up is that they were part of a him. I assure hon. Members, however, that I will draw determined campaign in the NHS and, to be fair, by the his attention to a number of points that have been Government of the day to improve recognition of the raised this afternoon, and I know that he will be interested disease and to increase the number of people diagnosed to read the debate tomorrow. If there are other issues with it. that he needs to answer, I will make sure that he does so. In the time available, I will try to respond to as many Gordon Banks: I am well aware of what the Minister points raised by hon. Members as I can. If time does is referring to; indeed, I alluded to it in my contribution. not allow all those points to be answered, I will ensure What I am saying is that there is now an opportunity that they receive a letter to clarify any outstanding through the QOF framework to make coeliac disease issues. one of the 150 measurable outcomes for GPs to be For those hon. Members who are not aware of coeliac measured against. disease—I know that there are none in the Chamber today, but I am sure that there will be some MPs who follow health issues assiduously in Hansard but who are Mr Burns: I am grateful to the hon. Gentleman. He not as knowledgeable as those present in the debate—let makes a perfectly reasonable point. I will certainly me say that the disease is a common condition that ensure that his comments are drawn to the attention of affects approximately one in every 100 people in the NICE, because of course it will be NICE, working with UK. Rather surprisingly, women are two to three times the Department of Health, that draws up the list of more likely to develop the condition than men, although conditions. That is apart from the standards that it is there seems to be no apparent reason for why that already working on. As the hon. Gentleman said, between should be the case. Cases of coeliac disease have been 150 and 180 are being considered. I will ensure that his diagnosed in people of all ages, as the hon. Member for comments are drawn to NICE’s attention. North Durham (Mr Jones) mentioned when illustrating one of his points. It is therefore crucial that information, Gordon Banks: With regard to the points that the education and support are available for individuals as Minister has made, which I did allude to, those are not well as the other people involved in their lives, such as mandatory, enforceable measurements. That is why we parents, teachers, carers, employers and others. need something more. 123WH Coeliac Disease7 SEPTEMBER 2011 Coeliac Disease 124WH

Mr Burns: I am grateful and I will ensure that the consortia to determine how they organise themselves to hon. Gentleman’s recommendation and the points commission services for patients affected by coeliac associated with that are drawn to the attention of the disease. The new arrangements in the NHS are designed relevant bodies, so that they can be considered as NICE to ensure that GPs are in the driving seat on commissioning considers its programme for the standards. services for their local population. The question of managing coeliac disease in the NHS featured in a number of contributions today. The NHS Gordon Banks: In my contribution, I spent a considerable is best placed to determine and manage its services amount of time talking about pharmacy-led prescribing. locally, supported by clinical guidelines and close The Minister has gone around the houses on that; he community and partnership working. The NICE guidelines has not really addressed it directly. In the last two and a on recognition and diagnosis of the condition are supported half minutes of the debate, could he deal with it in a by prescribing guidelines for professionals on prescribing little more detail? gluten-free foods, developed in association with the British Dietetic Association, the Primary Care Society Mr Burns: I am planning to come to that, but first I for Gastroenterology and Coeliac UK. want to deal with another issue that the hon. Gentleman The NHS also has to ensure that the resources that it raised—food labelling. I will then move on to prescribing. has available are used to greatest effect. That is another If I run out of time, I will ensure, as I promised, that I theme that I think was developed by all three hon. write to him. Members who took part in the debate. Some of the Food labelling is crucial to patients’ quality of life, comments concentrated on the question of prescriptions. and improvements have needed to be made. The coalition One area in which spending needs to be more effective Government want to see health and social care provided in order to meet rising demand for services is prescribing, in a way that achieves better outcomes and delivers as hon. Members said. A range of programmes is in personalised services, focused around individuals, not place to try to reduce the money spent on prescribing organisations, and ending up with care and support drugs, and the review of gluten-free food prescribing is that is of a higher quality and safer than ever before. part of that process. For people living with coeliac disease, having the Discussions are taking place throughout the country right information about the gluten content of food is on that matter. In the south-east—the hon. Member for crucial. That has certainly emerged in the course of this Ochil and South Perthshire referred to this—a review debate. Prescribed foods represent a small proportion was conducted of gluten-free prescribing policies across of an individual’s diet. People with coeliac disease buy the region. That was led by medicines management most of their food from high street shops, like everyone leads, who are pharmacists, from the different counties. else. It is therefore important that food labelling is They made recommendations that caused concern to comprehensive and reliable. It has got better in recent some patients. However, as a result of their subsequent years, particularly in supermarkets, which the hon. Member discussions with patients and, indeed, the role played by for North Durham mentioned, and in some restaurants— Coeliac UK, a number of changes are to be made to although there is a long way to go—as more and more their original proposals. I will add that GPs are not people become aware of the condition. Indeed, a wide prevented from such prescribing if specific patients are selection of gluten-free foods is now available at considered to have a special clinical need. I hope that supermarkets. That was not the case 10 years ago. that reassures the hon. Gentleman. New labelling requirements introduced in January It is a matter for doctors’ clinical judgment which 2009 for full implementation on 1 January next year are products they prescribe for their individual patients. designed to reduce confusion and to help people with They are not prevented from such prescribing if patients coeliac disease to make safer choices about the food are considered to have a special clinical need. We fully that they eat. The legislation sets out new low limits for expect GPs and other health professionals who prescribe gluten in foods making “gluten-free” and “very low gluten-free products to assess the dietary requirements gluten” claims, so that consumers can understand how of individual patients, taking into account not only much gluten there is in the foods that they buy. The their nutritional requirements but their lifestyle and Government are working with industry, health professionals other needs. We expect the provision of food items to be and Coeliac UK to provide advice for consumers on based on individual needs, not on a preconceived idea what the new legislation means for them. of what someone ought to receive. As I am running out of time and sadly have not been We believe that patients stand to benefit from the able to cover all the points, I give hon. Members a modernisation of commissioning, as that will enable categorical assurance that they will receive a letter answering GPs to focus resources to meet the local needs of their in detail the outstanding points that they have validly population and enable local people to be involved in raised during an extremely interesting and high-quality shaping services that are crucial to them. It will be for debate. 125WH 7 SEPTEMBER 2011 Wind Farm Development 126WH (Sedgefield) Wind Farm Development (Sedgefield) effect of ever more developers rushing to build wind farms is reaching saturation point in the county.

4pm Phil Wilson: I thank my hon. Friend for her intervention. In a moment, I shall be pointing out how much of a role Phil Wilson (Sedgefield) (Lab): It is a pleasure to County Durham and Sedgefield residents are playing in speak under your chairmanship, Dr McCrea. combating climate change. Whenever we have a debate about wind farm It is the job of each developer to promote their development and the instigator of the debate opposes a schemes, but because the planning system is run on a planned wind farm, there are cries of nimbyism or of first-come, first-served basis there is a rush to the planning the Member being at the climate-change-denial end of authorities, and local people are left feeling under siege the spectrum. I am the instigator of this debate, but I and helpless. I shall give an example by detailing the am not a nimbyist or a climate-change denier. Nevertheless, level of interest in and around my constituency by I am opposed to E.ON’s proposal to build a wind farm developers. I say “in and around the constituency”, in my constituency of up to 45 wind turbines, each four because when my constituents look out of the windows times the height of the Angel of the North. It will cover they do not see the boundaries between constituencies; 7½ square miles of my constituency, or 5% of its they see pleasant countryside. Indeed, from certain geographic area—equivalent to the size of Newton parts of the constituency they can see magnificent views Aycliffe just to the west of the proposed site, which has of the North Yorkshire moors and Cleveland hills. a population of about 30,000. This is the state of play. As I said, 16 wind farms are If E.ON’s proposal was for the only wind farm in up and running in County Durham, and another has County Durham, I could stand accused of nimbyism, been permitted but has not yet been built; 67 turbines but it is not. There are already 16 in the county, and are generating 126 MW. A further five wind farms are another has received planning consent but has yet to be in planning, with a further 10 turbines; and three are in built. The site in the Sedgefield county ward where pre-planning with 18 turbines. That is a total of 95 turbines. E.ON proposes to build has a cluster of 17 wind turbines, Then there is the mother of all wind farms, the Isles 10 of which are run by E.ON and seven by Wind wind farm proposed by E.ON, which will raise the Prospect. If the E.ON proposal goes ahead, there could number of turbines, operational and proposed, to as be as many as 62 turbines in one ward, and that does many as 140. not include a further application for three turbines at Within hundreds of metres of the Durham county Foxton lane, which is south of Sedgefield village and in council border at Sedgefield, three turbines are operational the same ward. However, those are not the only near Elwick. Just to the south, along the A1, a further developments that are being proposed or granted. It six have been granted at Red Gap farm. Three turbines seems as if there is a steady stream of developers have received planning consent at Lambs hill near Stockton, coming to my door proclaiming the merits of their and they directly affect my constituency because of schemes. In isolation, one scheme may have a lot going their proximity. In the borough of Darlington, an area for it, but as one of many they have a cumulative that I share with my hon. Friend the Member for impact, and the landscape’s capacity to take more turbines Darlington (Mrs Chapman), three are proposed at East is questionable. and West Newbiggin. Banks Renewables has gone to appeal on a wind farm of 10 turbines at Moor House Glyn Davies (Montgomeryshire) (Con): I thank the farm, just to the south of E.ON’s large proposal. The hon. Gentleman for allowing me to intervene. I wish to list goes on. express sympathy with his cause. We have exactly the Local people feel inundated and helpless. I am sorry same problem in my constituency, with a huge number to say that they are resentful of a planning regime that of wind farms coming along that will completely destroy does not seem to listen to them. I accept that not all the the area. The hon. Gentleman should know that he is proposed wind farms will go ahead. However, the Minister not alone; others feel the same. Virtually every resident cannot deny that they will have a cumulative impact in of Montgomeryshire will sympathise with him. County Durham and the Tees valley plain. When I say no to the Isles wind farm, I do so because I know that Phil Wilson: I thank the hon. Gentleman for his my constituents in County Durham are doing their bit. intervention. There is a lot of discontent in certain parts Even the developers are starting to concede that point. of the country, because the matter is pertinent to parts A representative of Banks Renewables, wind farm of Wales and Scotland, as well as to County Durham developers that have sites in the county, was interviewed and to one or two other parts of the country. A case can by the Teesdale Mercury on 24 August 24 2011. He said: be made for wind farms, but when there are dozens in “An unfortunate repercussion of County Durham being forward one area it has an impact on the local landscape. thinking in its approach to renewable energy development is the potential for cumulative impact to occur...The pursuit of several Pat Glass (North West Durham) (Lab): I am grateful wind farms within the county by competing developers has to my hon. Friend for giving way. His is a neighbouring potential to cause an unacceptable impact upon the landscape.” constituency. He is absolutely right; in my view we are already at that County Durham was the first county to reach its stage. 2010 target, and it is well on its way to reaching its 2020 County Durham’s record on renewable energy is another target for renewable energy. Like my hon. Friend, I have reason why I believe that we are not being nimbyist in many wind farms in my constituency, which is largely our approach. The county council was the first local rural and has two areas of outstanding natural beauty. authority in England to have a renewable energy strategy; Energy providers now acknowledge that the cumulative it dates back to 1994. The renewable electricity target 127WH Wind Farm Development 7 SEPTEMBER 2011 Wind Farm Development 128WH (Sedgefield) (Sedgefield) for County Durham in the regional spatial strategy—I for a massive wind farm off the Teesside coast to realise that it does not apply any more—was 82 MW companies abroad, instead of creating jobs in our installed capacity by 2010. Since then, about 165 MW constituencies for our people who have the skills and of installed capacity of renewable energy development facilities with which to build that farm. has been permitted in the county. Only 11 MW of that was permitted on appeal—the majority, 154MW, was Phil Wilson: My hon. Friend makes a very important granted by the council. point. Although the landscape in the area has begun to A capacity of 165 MW will meet about 55% of be reindustrialised, we are not getting any of the benefits. County Durham’s household electricity consumption, We are getting energy from other renewable sources or 22% of the county’s overall electricity consumption. such as hydro, landfill, and biomass, and now our That is a fantastic record, and one of the best in constituents are beginning to wonder whether we are all England. I am sure that the Minister will agree that in this together. They look at Hampshire, which is using County Durham is doing its bit, and I hope that he will three times as much energy as Durham but taking only pay tribute to the county’s record. about 4% of it from renewables. Moreover, there is not County Durham’s 2010 target has been met and one on-shore wind farm in the area, despite the fact that exceeded by a substantial margin. The aspiration to it is the county in which the Secretary of State for the double that target by 2020 has already been achieved, Department of Energy and Climate Change has his and progress is being made towards the more recent constituency. national target of 30% by 2020. That has been achieved Only five members of the Cabinet have wind farms in through a planned approach based on the north-east their constituency. Some have a lot. The Chief Secretary region’s renewable energy strategy and development to the Treasury has 259 in his constituency of Inverness, capacity studies commissioned and endorsed by local Nairn, Badenoch and Strathspey, but his constituency authorities in the region. covers l,911 square miles—almost as many as there are The Tees plain was identified as a broad area of least amendments to the Health and Social Care Bill. The constraint for wind energy development. Its capacity Scottish Secretary has 226 turbines in a constituency was identified as being between 20 and 25 turbines. It is covering almost 1,500 square miles. The Foreign Secretary, covered by four local planning authorities—Durham whose constituency is adjacent to mine, has 24 turbines county council, and Stockton, Hartlepool and Darlington in an area covering 739 square miles. Sedgefield covers borough councils. A development capacity study was 151 square miles. If the developers get their way and all carried out by consultants Arup in 2008, when there 87 turbines get the go-ahead, we could see one turbine were a total of 20 operational or permitted turbines in for every 1.7 square miles. Does the Minister not agree three wind farms. It concluded that there was potential that the planning system for such huge structures is to exceed the level of development anticipated, and that chaotic? two additional wind farms totalling between nine and 15 turbines might be acceptable. Mr Kevan Jones (North Durham) (Lab): Is my hon. Friend aware of the concerns of Newcastle airport Since then, two additional wind farms totalling nine about the concentration of wind farms and of the turbines have been permitted. The area is therefore at or Ministry of Defence over the effects that such a approaching the capacity identified in the Arup report. concentration will have on using parts of the north-east Currently, there are planning applications for three for low flying? additional wind farms and a single turbine development in the area, totalling 13 turbines; and one planning application for 10 turbines is in abeyance. Those applications Phil Wilson: That is an important point. Durham and will be determined against the development plans of the Tees Valley airport, which is in my constituency, occasionally relevant planning authorities, having regard to both the raises important issues about radar. I have seen the Arup capacity study and the evolving cumulative impact wind farms on its radar scopes. Pilots have to navigate picture as they progress through the system. According their way round the wind farms to avoid hitting them. to impact assessment studies, the area chosen by E.ON Moreover smaller aircraft have to cope with the turbulence at the Isles—the company has built many wind farms in that these turbines generate. the area—can cope with only four to six turbines, but What we are facing in County Durham is the E.ON plans between 25 and 45. Durham can meet its reindustrialisation of the landscape, but without the targets because we have proved willing to embrace other jobs. Durham county council has done tremendous renewable technologies in the same area. In Chilton, work over the past 30 or 40 years in reclaiming the pit which is in my constituency and north of the Isles, heaps that scarred the landscape for generations. At the Dalkia has just opened a biomass facility, producing height of the coal mining era, thousands of jobs were 15 to 17 MW of electricity. Some 24.4 MW of electricity created in the area. Wind turbines are not bringing that is generated from biomass in the county, 12.7 MW from kind of benefit to the region. Reindustrialisation with landfill and 2.1 MW from hydro. County Durham is jobs is one thing; without jobs, both the land and the playing its part. Everyone wants to share the benefits of people are being taken for granted. Their good nature is renewable energy, but we also need to share the burden. being abused and that is simply not good enough. According to the Renewable Energy Foundation, if Alex Cunningham (Stockton North) (Lab): I hope my the Isles wind farm goes ahead with 45 turbines, E.ON hon. Friend and my neighbouring MP will forgive me if will see a revenue stream of more than £570 million I go off on a slight tangent. Does he agree that while over 25 years, some 54% of which is subsidised through our constituents are getting the pain of wind farms, our utility bills. E.ON has said that the Isles wind farm they are not getting the benefits? That was perhaps best could generate enough electricity for 53,000 households. illustrated this week when EDF awarded all its contracts The subsidy would equate to £235 per household per 129WH Wind Farm Development 7 SEPTEMBER 2011 Wind Farm Development 130WH (Sedgefield) (Sedgefield) [Phil Wilson] Will the Minister look closely at wind farm development in County Durham, as it has caused a great deal of year. The community benefit that it proposes is £460,000 anxiety in the community? I believe he will see that the a year or £8.60 per household. The company is taking cumulative impact is not just a threat but is already with with one hand and giving us back peanuts with the us. He will find that developers are targeting the county other. What plans do the Government have to reform or because of the good nature of its people. Low incomes review the subsidy system for wind farms and for renewable will provide the incentive for local people to accept the energy in the round? small amount of money from community gain and Only a handful of landowners on the Isles will benefit ensure that they will find it difficult to raise sufficient from the rental income from the turbines on their land. funds to campaign against the wind farms. One developer said that the income from each turbine Local people feel as if they are involved in a David is, on average, between £10,000 and £15,000. I do not versus Goliath contest in taking on E.ON. Campaigners know the rental figure for the Isles, but even at £10,000, against the Isles have come together. The following 45 turbines will bring in some £450,000 income for a towns and parish councils are against the development: handful of landlords—the equivalent in community Bradbury, Brafferton, Bishop Middleham, Bishopton, gain for a population in the area of between 40,000 and Bolam, Chilton, Coatham Mundeville, Elstob, Ferryhill, 50,000. Fishburn, Foxton, Great Stainston, Little Stainton, The Government are looking at the business rates Mordon, Newton Aycliffe, Nunstainston, Preston Le that would be generated if the wind turbines stayed Skerne, Rushyford, Sedgefield, Trimdon, Windlestone with the local authority. According to the House of and Woodham. The campaign group against the Commons Library, business rates income from the Isles E.ON wind farm can be found on the web at www. would be less than £1 million. That may seem a lot of theislescommunities.com. money, but it is not when we consider the plans of the It is now time to look at a planning system and an Department for Communities and Local Government energy policy that fight climate change by taking people for business rates retention, which could see tens of with them, rather than taking them for granted or millions of pounds removed from Durham county council’s making them feel helpless. We need a strategic view that budget. Again, this is about taking with one hand and ensures that all parts of the country share the burden as giving back peanuts with the other. well as the benefit of renewable energy. My constituents The designs for the Isles place the turbines on either are united in opposition to the massive imposition of side of the A1 and the east coast main line—the main the E.ON wind farm for the Isles. Durham County is transport arteries through the north-east. If someone known as the land of the prince bishops. I will not stand enters County Durham by road or rail from the south, by to watch County Durham become the land of the they have to go through my constituency. I do not want wind turbine. the first thing that they see to be a massive wind farm of between 25 and 45 wind turbines, each four times the 4.19 pm height of the Angel of the North, each a clone of its neighbour and each working only intermittently. Durham The Minister of State, Department of Energy and county council has informed me that the average capacity Climate Change (Charles Hendry): Thank you very factor for a wind turbine nationally between 2004 and much, Dr McCrea, for calling me to respond to the 2008 was 27%. Recently, the average for wind turbines debate. I thank the hon. Member for Sedgefield (Phil in County Durham has been almost 20%. That belies Wilson) for securing the debate and introducing it in a the claim of many developers, especially E.ON, who say very thoughtful and considered way. I understand that that the Tees valley plain is appropriate for wind farm the subject is very emotional and emotive, and I am development. They would not develop wind farms if it grateful to him for the points that he made. We have were not for the subsidy. Does the Minister not agree heard many of the points that he and his hon. Friends that it is time for that process to be reviewed and made before, but that does not reduce in any way the changed? strength of the argument behind them. I hope to address as many as I can in the time available to me. E.ON’s imposition on the landscape will affect tourism and the willingness of housing developers to build in I hope that the hon. Gentleman understands that I the area. I want to see new industry come into the area, cannot comment on particular applications, because Hitachi is to build a train factory at Newton Aycliffe their nature is such that they may well come to a and I want that to be followed by more industry, which Minister for final determination and I cannot say anything means that we need further housing in the area—not to prejudge that. However, it is important to say on the just affordable but executive as well—and leisure facilities. record that the E.ON process is currently a consultation. This massive wind farm could have a negative impact I think that he would wish his speech today to be on such developments. considered as part of that process, and that the company will be keen to know the views of the local community The Duke of Northumberland has said he will not and local business people on what they consider to be allow wind farm development on his land. In The Daily the right way forward on the application. Telegraph, he said: All applications for major energy infrastructure are “I have come to the personal conclusion that wind farms dealt with on a case-by-case basis, taking into account divide communities, ruin landscapes, affect tourism, and make the views of local people. To the hon. Member for minimal contribution to our energy needs and a negligible contribution towards reducing C02 emissions. The landowner and developer North Durham (Mr Jones), I say that it is entirely are enriched while the consumer is impoverished by higher energy proper that the views of the airport and the Ministry of costs. Turbines are ugly, noisy and completely out of place in our Defence should also be taken into account in that beautiful, historic landscape.” process. That will continue to be the case under the 131WH Wind Farm Development 7 SEPTEMBER 2011 Wind Farm Development 132WH (Sedgefield) (Sedgefield) national policy statements as they become part of planning I was not entirely clear about the thinking behind the policy. In addition, the decision maker has a duty to points the hon. Gentleman made about Cabinet members’ make a decision only after full consideration of the constituencies and how that factor plays in. Most of the balance of the proposed development’s benefits and applications that we have seen were made well before negative impacts; that includes consideration of the they were actually in the Cabinet and it was a different environmental impacts, which he and others might feel set of Cabinet Ministers who were responsible for the should be taken into account. policy. Indeed, much of the policy was developed under I think that the hon. Member for Sedgefield and I the leadership of the previous MP for Sedgefield when agree on the two most critical points: that renewable he was Prime Minister. I am not quite sure where the energy is necessary for energy security and environmental hon. Gentleman was seeking to go in that part of his reasons, and that local communities should be given a contribution. say in shaping the environment in which they live. None the less, I acknowledge the important role that Consequently, in the few minutes that I have today I will the north-east is playing in the transition to a low-carbon seek to explain how I see those two aims coming together economy. I pay specific tribute to what is being done in and set out the steps we are taking to ensure that they Durham already. All of us who know the county know do. I also want to address the democratic deficit and that it is an incredibly beautiful county—a very special show that wind farms can bring real benefits to part of the country—so we understand the competitive communities, as long as they are situated in the right pressures already present there. We recognise the place and they have democratic approval. contribution that the county is making. Our challenge is to build an economy that cuts our As a whole, the region has 150 MW of operational carbon emissions to tackle the threat of climate change, onshore wind capacity, which is 3.5% of the total UK that makes our energy secure in a volatile world and deployed resource. Those onshore wind projects have that creates sustainable green jobs to help to bring back also helped to deliver real economic growth and benefit economic prosperity. As one of the most cost-effective to the local community, such as the work being done by and mature large-scale renewable technologies, the the National Renewable Energy Centre to develop the appropriate deployment of onshore wind will play a key region’s old manufacturing heritage, to help to pull the role in meeting that challenge. We want Britain to be a region out of recession and into recovery with new global leader in the transition to a low-carbon economy. industries for the future. We are committed to producing 15% of our energy from renewable sources by 2020 and to reducing our I understand the concerns expressed today about the carbon emissions by 80% by 2050. In July, we published impacts that such a level of deployment might have. As the renewable energy road map, which sets out our the market brings forward applications for wind farms, approach to unlocking our renewable potential. It includes we need to ensure that they are in suitable locations, a comprehensive suite of targeted, practical actions to taking account of viability and the concerns of local accelerate the development of renewable energy in this communities. Part of the renewables obligation certificate country. review is designed to ensure that wind turbines go where the resource is best, not anywhere in the country. The Government are keen to avoid a one-size-fits-all approach Phil Wilson: Will the Minister give way? and we consider that planning applications for wind farms are best assessed on a case-by-case basis. The Charles Hendry: Given that I only have 10 minutes to national policy statements and the national planning respond to the whole debate, I hope that the hon. framework set out a clear and simplified framework to Gentleman will allow me to try to respond to as many do that, but it is a requirement of a planning regime of the points made as possible. that cumulative impacts, for example those in locations Our analysis suggests that approximately 90% of the such as Durham, are considered in the total. We would generation needed to meet that target can be delivered expect the local planning authority to set out important from a subset of eight technologies and that onshore local issues in its local impact report, just as we want wind has the potential to contribute perhaps 10% to host communities for the installations to reap the benefits 14% of overall generation. Currently, there is 4.2 GW of of taking the assets into their communities. operational onshore wind capacity in the UK; in capacity I am pleased to say that through the Localism Bill we terms, it is the single most deployed renewable electricity are proposing changes aimed at addressing some of the technology. concerns that have been raised in this debate. They As the hon. Gentleman said, the Government support include abolishing regional spatial strategies and their the deployment of renewable energy through the renewables top-down regional energy targets to move towards a obligation which, by supporting generation rather than localism-driven approach, so that more control is given capacity, is structured in a way to incentivise the best to local authorities, as the hon. Gentleman wants; use of the available resources and to maximise efficiencies. introducing provisions for projects submitted to local If an application has a very low load—I would consider planning authorities, so that developers will have to 20% to be a low load—it will receive little benefit show how they have worked with communities in developing through the renewables obligation. The higher the load their planning applications; closing the Infrastructure factor, the greater the support that an application will Planning Commission and merging its functions with a receive through the renewables obligation. However, we more efficient and effective Planning Inspectorate, which have recognised that it is time to review that approach; means that the ultimate responsibility for making decisions the review was scheduled for next year, but we have on nationally significant infrastructure, such as the brought itforward because we think that it is right that application that the hon. Gentleman raised today, will communities and developers have early clarity about return to democratically elected Ministers; and ensuring the thinking. that energy decisions on major infrastructure projects 133WH Wind Farm Development 7 SEPTEMBER 2011 134WH (Sedgefield) [Charles Hendry] European Institutions are made by the Secretary of State for Energy and Climate Change based upon recommendations from 4.30 pm the new expert unit within the Planning Inspectorate. All decisions will be made in accordance with our Priti Patel (Witham) (Con): It is a pleasure to serve recently designated national policy statements and under your chairmanship, Dr McCrea. I am grateful to important local considerations. the Speaker for granting me the opportunity to have Our aim is to support appropriate renewable energy this debate because, as the Minister for Europe already development, which the country needs, while maintaining knows, one of my biggest complaints has been that we environmental safeguards and, through local and do not have enough time in Parliament to debate the neighbourhood plans, giving local authorities and EU and its institutions. communities a much greater say in how development is I want to cover a wide range of matters specific to delivered. More broadly, if it is agreed, the framework various European institutions, those of both the European will also enable local communities to set their own Union and the Strasbourg-based Council of Europe, growth agenda according to local needs, and to plan because I fundamentally feel that these institutions have and manage development to deliver that agenda. grown in power and that, if they are left unchecked, As well as ensuring that local people have a real say in without action by the Government, they will become what happens in areas near to them, it is right that more and more powerful, with potentially serious communities hosting renewable energy projects are rewarded consequences for our country. I would like to stress to for the contribution they are making to the wider society. the Minister the importance of there being more debate As the hon. Gentleman pointed out, there is a concentration on European affairs in the House of Commons, not just of renewable energy resources in different parts of the on the matters that I will touch on today, but on the country and all of us are benefiting from the actions of broader issues right now within the eurozone, which is the communities that decide to host those facilities. the first topic that I want to mention. As part of achieving that, we announced that local There has, of course, been continued speculation authorities in England, on behalf of individual communities, about the eurozone, and we have heard a great deal will be able to retain the business rates generated by from France and Germany about proposed financial renewable energy deployments, not just for one year, transaction taxes, which, in my view, would have disastrous but on a continuing basis. I am pleased that, in parallel, consequences for the City and its position as a world the wind energy industry has published agreed minimum leader in financial services. There is a clear determination standards for the contributions that wind farm developers across the eurozone to prop up the euro, irrespective, as will make to community development in England, as we have seen with the Greek bail-outs, of the wider part of an ongoing commitment to close consultation concerns about the ability of other eurozone countries with communities. Financial contributions might include, to pay their way. I take the view that we have seen some for example, building new community assets, or investment politically questionable arrangements in relation to bail-outs, in energy efficiency measures to reduce electricity bills. regardless of the overall economic consequences, and I That would be on top of any direct benefits for those am concerned about the exposure of the British taxpayer, living in the area, such as economic activity, jobs or rent which is also somewhat questionable. It is not that paid to landowners. Of course, the most powerful reward surprising that we are now hearing alarm bells in relation for a community is to have a direct stake in a project to wider talk and discussion of fiscal union: a single and we want to encourage that. regime of taxation and treasury, and unified public There are real economic benefits that can be delivered borrowing. That is not the solution to the continual by these projects. The hon. Member for Stockton North problem, and it will, if nothing else, result in the further (Alex Cunningham) talked about that and we want to haemorrhaging of taxpayers’ money to Europe and the prioritise it much further to ensure that where major further surrender of powers. applications happen, we see more jobs coming to the What I would really like is for the Minister and the UK. Government to clarify their position on fiscal union, as In these few minutes, I hope that I have been able to that could involve a new constitutional settlement with show that we very much understand the points that the Brussels and could impact on British national sovereignty. hon. Member for Sedgefield made in his expertly argued British taxpayers must be protected further from any speech—I am very grateful to him for making those moves towards integration. If any change should come points—and, that the Government are using our review about, we should consider a referendum—we have heard of the renewables obligation and the wider policy framework a bit about that topic in the news today—because the to ensure that we respond appropriately. British public must have a final say on the course of action that they ultimately look to the Government to take. I would welcome from the Minister a view on the current debate and discussions, and on the proposals that might be emerging in Europe right now. I would like to hear what position the Government might find acceptable or unacceptable, and on what it is they are prepared to firmly stand up to Europe and question the future direction of travel. It is clear that the European institutions are very focused on closer European union. They are, in my view, using the current eurozone crisis as an opportunity to go for further integration. 135WH European Institutions7 SEPTEMBER 2011 European Institutions 136WH

Regarding EU directives and their regulatory impact UK’s net contribution to the EU will increase to somewhere on British business—on businesses in my constituency in the region of £8 billion to £9 billion per year during in particular—the businesses all recognise that we are this Parliament alone. British taxpayers need a commitment dealing with the uncompetitive aspect of the EU, which from the Government that they will take all necessary has become a drag upon our economy and upon them action to block any future increases in the budget and to individually. I refer specifically to the raft of gold-plated ensure that our rebate is safe. directives that keep coming out of Europe and have a Another subject that I want to touch on briefly is EU disproportional effect on and an ultimate cost to British immigration. With the EU set to expand to include businesses, not only affecting jobs in this country but Croatia and other Balkan countries, we need stringent having an overall impact on economic growth. I urge immigration controls. I look to the Minister for some the Minister and the Government to use every opportunity assurances, primarily because we have suffered from to renegotiate and to repatriate powers to the UK and, uncontrolled levels of immigration following the expansion where possible, to axe the costly red tape and regulations of the EU into eastern Europe. At a time when we need that are coming out from Europe and affecting, and to get Britain working again, we cannot afford to lose strangling, British business. more UK jobs to the next generation of European I also look at the advancement of the Europe 2020 workers. strategy and the possible further threats in the form of It is time for Britain to take robust action on the Europe’s influence on economic, employment and social Strasbourg-based Council of Europe and its associated policies. I again urge the Government and their Ministers institutions, which include the European Court of Human to resist all attempts at further competence creep in that Rights. From November, the UK will hold the chairmanship area. Both business and the public have become fed up of the Council of Europe and in advance of that it is and feel isolated, because of Europe controlling more essential that this Parliament gets to debate the UK’s and more aspects of our lives and our country. Having priority. The opportunity for reform must be grasped, been denied a referendum on the Lisbon treaty under as there are plenty of areas in which the UK should the previous Government, there is an understandable focus its attention to protect British sovereignty and the degree of cynicism and distrust towards the Government— sovereignty of our Parliament, specifically in relation to any Government—on this matter. human rights. Currently the Committee of Ministers, My views on all matters Europe are well known. If the Commissioner for Human Rights and other officials the Government have a sense of conviction and pass a lot of diktats and impose burdens upon countries, determination to bring an era of transparency and and we have heard a lot about some of the burdens that accountability to Europe—we see that more in our they would like to impose upon us. Those diktats are domestic policies, and there is a greater case to be made used by the European Court of Human Rights to to use Britain’s role to urge Europe to do more of influence judgments but we do not get the debates—they it—we can effectively find ways for the British public to are agreed but the British public do not get to have a say bring powers back to Britain and at the same time on them. engage the British public in the wider debate on matters One issue on which that has effectively happened this such as transparency and accountability. If that does year is prisoner votes. The European institutions are not happen, the Government will continue to face this thoroughly unaccountable to the British public, yet wall of pressure, both from the public and parliamentarians, they exert an outrageous degree of control over this including me, to hold a referendum on the future of country. While the Government are seeking further Europe, and on withdrawal from the EU as well. In the delays in introducing legislation on prisoner votes because years ahead, the Government must pursue the virtues of another test case is being considered by the Court, there less Europe and more Britain. is a chance to send a clear message to Europe that this In addition to repatriating powers to Britain, we need country will not be bullied any more into changing its an assertive approach to challenging the EU on its laws. This Parliament has spoken on prisoner votes, and budget. The British Government must stand firm in this our view should remain as it was in the debate in area, because culturally and institutionally the EU is February. By doing so, the Government could set a wedded to an unreformed culture of high budgets. The precedent, demonstrate a clear commitment to defending European Council press release in July said that the British interests from power-hungry European institutions EU budget for 2012 was to be trimmed in recognition and provide the effective check on their undemocratic of the difficult economic circumstances—somewhat an and unaccountable ways for which this country is crying understatement—in many EU countries. What did the out. so-called trimming result in? It led to an approved I make a final plea. Ministers must not miss this increase in the EU budget of more than 2%. The public opportunity to pursue transparency and accountability want the Government to stand up for hard-pressed and to tell Europe to bring its powers back into the British taxpayers. How can it be right that we are all hands of the British people, where they belong. financially squeezed here at home while we are bankrolling increased expenditure abroad and footing the bill for what I see as EU propaganda programmes—vanity 4.40 pm projects such as EU citizenship programmes? The Minister for Europe (Mr David Lidington): This is As part of budget negotiations, I also urge the the second day in succession that I have had the pleasure Government to take a tough stance on defending the of serving under your chairmanship, Dr McCrea. I UK’s rebate, which is worth £65 billion to British taxpayers, congratulate my hon. Friend the Member for Witham and in particular to stand up against continued attempts (Priti Patel) on securing this debate. I am certainly by Europe to take what is left of that rebate. The Office aware of her long-standing interest in the European for Budget Responsibility has already stated that the Union and European institutions. As she rightly said, it 137WH European Institutions7 SEPTEMBER 2011 European Institutions 138WH

[Mr David Lidington] both he and my hon. Friend the Member for Witham would have liked the coalition agreement to commit us would be good to have more opportunities to discuss to returning important powers from the EU to the such issues, and I would welcome the prospect of many United Kingdom. During the 2010 general election, I more Members taking part in those debates. It is a pity stood on and campaigned for exactly the same manifesto that, often, only a number of committed aficionados as my hon. Friend did. I do not resile from anything to attend European debates. I would like the issues to be which I committed myself then, but we must abide by debated more generally. As she rightly said, the decisions the political reality of the outcome of that election, that British Ministers negotiate at European level have which the British people delivered. The coalition agreement a direct and, in many cases, significant impact on the forms the basis for this Government’s policy. lives of the people whom we represent. My hon. Friend argued that ongoing negotiations on I listened carefully to the points that my hon. Friend EU reform could be an opportunity to deliver a new raised and I agree that the European institutions that EU agenda. The current problems in the eurozone were she mentioned have many shortcomings that, coupled predictable—and, indeed, predicted, not least by British with the previous Government’s reluctance to involve Conservatives—but that does not change the fact that, the people in important decisions about the European although we seek to expand British trade with the Union, have led to a growing sense of disconnection world’s emerging powers, 40% of it is still with the between the British electorate and the European countries of the eurozone, so it is in our national institutions. I assure her that this Government are interests that the eurozone countries prosper and find a committed to addressing that disconnection and the way through their difficulties. issues underlying it. The economic logic of a monetary union, as British Conservatives have argued frequently, is greater fiscal Bob Stewart (Beckenham) (Con): In that case, can the and economic union, and we see some signs that the Minister assure us that any new European Union treaties eurozone countries are moving in that direction. If they will be put to a referendum of the people, as will any wish to do so, we should not stand in the way of their new measures, particularly fiscal ones? progress. If, at some stage in the future, moves towards greater fiscal union among the eurozone countries lead Mr Lidington: I am grateful to my hon. Friend for to a treaty, there will be an opportunity for the United raising a subject to which I was planning to come in the Kingdom to ask, “What is in our national interest?” next stage of my remarks. The Government are intent That is the approach that we took on the treaty change on working hard within Europe to deliver the kind of to establish a European stability mechanism for eurozone Europe that suits British interests and the British people, members. As the Prime Minister said, Britain would in the knowledge that we now have, for the first time, a benefit from taking some powers back from Brussels. proper guarantee that, if it is ever proposed to pass new However, I caution my hon. Friend that although events competencies or powers from this country to Brussels, are fast-moving and predictions risky, there is no sign of the British people will get a vote in a referendum. That an immediate move towards such a treaty change. Treaty guarantee is provided by the European Union Act 2011, change is neither easy nor straightforward, and the which recently came into force. For the first time, British eurozone countries know that, whatever the position in voters will have their rightful say over any further the United Kingdom, several countries, including the expansion of EU powers. I believe that that will put our Netherlands, Denmark and Slovakia, have provision participation in the EU on a sturdier and more democratic in their constitutional arrangements for referendums in footing. If a new treaty amendment or a brand-new some circumstances, so it would be a complicated matter. treaty were to be introduced that involved the transfer For that reason, I do not think that there is pressure at of further competencies or powers from this country to the moment to go down that road. the European Union, that treaty or amendment would My hon. Friend raised more general points about the be caught by our new Act of Parliament, and a referendum future of the eurozone. Although the Franco-German would be required subsequent to primary legislation proposals appear to be a step in the right direction, we here so that the British people would have the final say must consider the detail carefully. She is absolutely right over whether those powers were transferred to Brussels. that we should not let ourselves be sucked into the deeper fiscal integration on which the eurozone appears Mr Nigel Dodds (Belfast North) (DUP): That is all to be embarking. That is important to the Government. very well, and it is welcome as far as the future is On financial transaction taxes, clearly, unless such concerned, but is not the problem that, under the Lisbon taxes applied to all financial centres globally, we would treaty and other measures, far too much power has see a relocation of trading from centres where taxes already been ceded to Brussels? What we need is to get apply to centres where they do not. Therefore, a financial some of it back. Should it not be the Government’s transaction tax that applied only to European Union priority to use the current situation in Europe to negotiate countries would be extraordinarily damaging for every the repatriation of powers to the British people? That is financial centre in the EU, including the City of London. the key issue as we move forward. The Government are taking an active role in international discussions exploring financial sector taxation. The Mr Lidington: As the right hon. Gentleman says, the Chancellor of the Exchequer has made it clear on many Act is not a panacea, and I have never claimed that it occasions that he thinks that the idea of an EU-only would be. It does not address the repatriation of powers. financial transaction tax would be profoundly counter- That was not its purpose. Under the coalition agreement, productive and unwelcome. the Government are committed to examining the existing My hon. Friend mentioned budgetary discipline and balance of competencies and what they mean for Britain, financial efficiency in Europe. Both are cornerstones of and we continue to consider that issue. I appreciate that the Government’s policy towards the European Union. 139WH European Institutions7 SEPTEMBER 2011 European Institutions 140WH

We want all institutions to ensure that their spending budgetary deal negotiated by our predecessors, Mr Blair and activity produce genuine benefits for our citizens. and the right hon. Member for Kirkcaldy and Cowdenbeath We are taking firm action on the 2012 EU budget. Of (Mr Brown), when they were in office. course, the annual budgets of the European Union are ultimately determined by qualified majority voting. We do not have a right of veto. Although the current Jonathan Lord (Woking) (Con): I welcome what the proposal for an increase of about 2% is greater than the Minister has said about EU taxes and his approach to British Government would have wished, it is still roughly the budget, but what are we going to do about some of equivalent to a real-terms freeze in that budget, and it is the social directives about temporary workers and so on significantly less than the Commission’s original proposal when we desperately need to deregulate our economy to of 4.9%. I also note that it is almost ¤8 billion less than get growth? What are we going to do about that avalanche the budget ceiling for 2011, which was agreed by the of new regulation coming from Europe? previous Labour Government in 2005. We will continue to work with other like-minded countries to get the very Mr Lidington: The Minister of State, Department for best deal possible for the taxpayer. I shall embark on a Work and Pensions, my right hon. Friend the Member further stage of that work when I go to Brussels next for Epsom and Ewell (Chris Grayling), is working hard Monday for the General Affairs Council. to assemble a coalition of like-minded Ministers and is engaging with the Commission to seek to avoid the sort Bob Stewart: Is it possible that we could just say, “No, of damaging additional social regulation to which my we are not giving you that money”? We know that that hon. Friend rightly refers. We are also keeping a particularly would break a treaty, but surely we are not alone in close eye on the position of the working time directive. Europe in that respect. Would not one option for us to The Commission may come forward with new proposals think about be for Britain to say no, as Margaret in the next 12 months. Our priority will be to protect the Thatcher did? opt-out, which is valuable to British competitiveness. If there also prove to be ways in which to mitigate or Mr Lidington: However tempting my hon. Friend’s reverse the impact of the European Court of Justice suggestion might be, the problem with unilateral action judgments that defined time on call as working time we is that it can so easily be used to justify unilateral action would seek to do that as well. by others that would be profoundly detrimental to our My hon. Friend the Member for Witham called for national interest. Aspects of the European Union—most greater efficiency and the reduction of waste. I support obviously the single market, the creation of Margaret her on that, as I do on her call for increased transparency Thatcher’s Conservative Government—have benefited over all the activity and detailed expenditure of the the prosperity of and employment among British citizens. institutions. The more transparency we have over EU They have helped attract vast foreign direct investment spending and the legislative process, the greater evidence to these shores. Other European countries have, at we will find to support our arguments for improved times, fumed and sworn at the fact that the single efficiency and the reduction of waste. An important market meant that they had to dismantle protectionist part of transparency is scrutiny, and I am keen to barriers. However frustrating some aspects of the way ensure that we do everything possible to make our own in which the EU is organised may be, and however we parliamentary scrutiny processes still more significant. might aspire to see changes in those structures, I caution It is a vital part of the democratic process and the my hon. Friend against unilateral action, because that Government are committed to ensuring that scrutiny could set a damaging precedent. committees can clear proposals before we agree to them We in this Government believe that tax policy is for at ministerial level. member states to determine at national level. The My hon. Friend is right that the priority should be Commission has proposed certain new EU taxes. We growth, competitiveness and jobs. That is where Europe think that those would introduce additional burdens should be focusing its energy and attention now. We are and damage European—not just British—competitiveness. pushing for a further drive on the liberalisation of the The United Kingdom will oppose any such new EU single market, on breaking down barriers to trade, and taxes. on making European regulation less burdensome and If we look beyond the annual 2012 budget to the expensive, especially for small and medium-sized enterprises, next, probably seven-year, financial perspective, where on which so many jobs throughout Europe, not just the unanimity rather than qualified majority voting applies, United Kingdom, depend. We are determined to resist we will see that the Prime Minister has stated jointly any gold-plating of European Union legislation. with his EU counterparts that the maximum acceptable expenditure increase is a real freeze in payments and My hon. Friend talked about the Council of Europe that that should be year on year from the actual level of and prisoner voting. The Commons has given a clear payments in 2013, not from the level of commitment, view that prisoners should not have the vote. Indeed, which is usually above the level of the money actually my right hon. Friend the Prime Minister has echoed paid out. that call. The Government believe that it is right to consider the final judgment in the Italian case of Scoppola, I also assure my hon. Friends that the Government as well as the wider legal context, before setting out the will certainly defend the United Kingdom rebate, which next steps on prisoner voting. I want those next steps to remains fully justified owing to expenditure distortions be as close as possible to the clearly expressed will of the in the EU budget. We should not cease to remind the House of Commons. British people of the fact that the increases in our direct contributions, to which my hon. Friend the Member for Beckenham has referred, are the product of the shoddy Mr Dodds: Will the Minister give way? 141WH European Institutions7 SEPTEMBER 2011 European Institutions 142WH

Mr Lidington: Forgive me, but I want to reply to my The Government believe in championing the British hon. Friend the Member for Witham. On immigration, national interest within the EU. We champion the UK the Government are committed to applying transitional position on every issue. Sometimes, getting the reforms measures on the migration of workers from new member that we want to see is a hard and slow business, but we states. The framework for this has already been agreed will be relentless in our commitment to get the best with Croatia for controls of up to seven years. Under possible deal for the prosperity, security and well-being the terms of Croatia’s accession negotiations, member of our own citizens. states can apply the same type and length of restrictions to Croatian workers as those that apply to Romanian Question put and agreed to. and Bulgarian workers, who may obtain permission to work on the basis that they are highly skilled or have the offer of a skilled job. The precise controls that we will apply for Croatia have not yet been determined. My 4.59 pm colleagues in the Home Office are considering that at the moment. Sitting adjourned. 19WS Written Ministerial Statements7 SEPTEMBER 2011 Written Ministerial Statements 20WS

hon. Members for Scunthorpe (Nic Dakin) and for Written Ministerial Newcastle upon Tyne North (Catherine McKinnell), Official Report, 7 July 2011, columns 1636-1638. The Statements answer makes reference to the announcement in March of at least 100,000 green deal apprentices being funded. Wednesday 7 September 2011 The correct figure should have been 1,000. The answer given was as follows: TREASURY 4. Nic Dakin (Scunthorpe) (Lab): What discussions he has had with the Secretary of State for Business, Double Taxation Convention (United Kingdom and Innovation and Skills on skills and employment in the Republic of Hungary) energy sector. [64267] 13. Catherine McKinnell (Newcastle upon Tyne North) The Exchequer Secretary to the Treasury (Mr David ( Lab): What discussions he has had with the Secretary Gauke): A new double taxation convention with the of State for Business, Innovation and Skills on developing Republic of Hungary was signed on 7 September 2011. skills in the low-carbon sector. [64277] The text of the convention has been deposited in the Libraries of both Houses and will be made available on The Minister of State, Department of Energy and the HM Revenue and Customs’ website. The text will be Climate Change (Charles Hendry): My Department works scheduled to a draft Order in Council and laid before closely with the Department for Business, Innovation the House of Commons in due course. and Skills to promote skills and employment in the energy sector. The Budget announced £180 million of funding for 50,000 additional adult apprenticeships, COMMUNITIES AND LOCAL GOVERNMENT and we announced in March that at least 100,000 green deal apprentices could receive Government funding towards Permitted Development Rights their training. There are many opportunities, with the new build nuclear programme alone expected to create The Parliamentary Under-Secretary of State for 30,000 high-skilled new jobs nationally. Communities and Local Government (Andrew Stunell): Fulfilling the mandatory requirements of the Green The correct answer should have been: Energy (Definition and Promotion) Act 2009 we have My Department works closely with the Department laid before Parliament Statutory Instruments that amend for Business, Innovation and Skills to promote skills the Town and Country Planning (General Permitted and employment in the energy sector. The Budget Development) Order 1995 and the Town and Country announced £180 million of funding for 50,000 additional Planning (Control of Advertisements) (England) adult apprenticeships, and we announced in March that Regulations 2007. These measures will provide: at least 1,000 green deal apprentices could receive New permitted development rights to allow for the installation Government funding towards their training. There are of electrical outlets for recharging electric vehicles in off-street many opportunities, with the new build nuclear programme public and private car parks, and amendments to clarify that alone expected to create 30,000 high-skilled new jobs local authorities can install on-street charging points for electric vehicle as permitted development; and nationally. Deemed advertisement consent for installers of charging points and energy suppliers to display their nameplates on the charging points; and ENVIRONMENT, FOOD AND RURAL AFFAIRS New permitted development rights for householders to install small-scale domestic wind turbines and air source heat pumps on their premises, subject to strict limitations and conditions1 Biodiversity Strategy for England 2011-2020 We will shortly publish a summary of the responses to the public consultation and a more detailed statement on the Government’s response to them. I will place The Secretary of State for Environment, Food and copies of these documents in the House Library. Rural Affairs (Mrs Caroline Spelman): I am pleased to Subject to the views of parliamentary colleagues the announce that the Government published the new provisions relating to electric vehicle charging points biodiversity strategy for England 2011-2020—“Biodiversity will come into force on 1 October 2011. Those relating 2020: a strategy for England’s wildlife and ecosystem to micro-wind turbines and air source heat pumps will services”—on 19 August, setting out a new strategic come into force on 1 December 2011. direction for biodiversity policy in England for the next decade. 1Including a maximum noise limit of 42dB LAeq, 5minutes for both technologies. The noise limit will be reviewed one year after The strategy describes how we will put into effect these measures come into force. the convention on biological diversity agreements made in Nagoya as well as the European Union’s 2020 biodiversity target. It directly supports the aims of the ENERGY AND CLIMATE CHANGE Government’s natural environment White Paper setting out a more integrated approach to biodiversity conservation. Parliamentary Oral Question (Correction) The strategy builds on the evidence provided by the groundbreaking national ecosystem assessment and the The Minister of State, Department of Energy and independent review of England’s wildlife sites and ecological Climate Change (Charles Hendry): An error has been network led by Professor Sir John Lawton, and takes identified in the grouped oral answer that I gave to the account of the European Union’s biodiversity strategy. 21WS Written Ministerial Statements7 SEPTEMBER 2011 Written Ministerial Statements 22WS

The strategy aims to halt overall biodiversity loss by We welcome President Karzai’s decree of 10 August moving away from the piecemeal conservation of the which ruled that the final decisions of the parliamentary past towards a more effective and integrated large-scale crisis should rest with the Independent Electoral approach delivering multiple benefits. It puts people at Commission (IEC). On 21 August the IEC announced the heart of biodiversity policy, addresses environmental its findings and called for the replacement of nine pressures and takes account of the need to improve our sitting MPs. It will fall to the secretariat of the Lower knowledge. House of Parliament to implement the changes. It sets clear outcomes describing what we aim to I am placing the report in the Library of the House. achieve over the next 10 years for habitats, species, It will also be published on the Foreign and Commonwealth ecosystems and for people, as well as a series of priority Office website (www.fco.gov.uk). actions to take us to 2020. It is a Government strategy. However, it cannot be delivered by Government alone. It is clear that our British Embassy (Côte d’Ivorie) policies on biodiversity present an excellent example of the big society in action. Alongside Government and The Secretary of State for Foreign and Commonwealth their agencies, there are a huge number of individuals Affairs (Mr William Hague): With the onset of civil and organisations already making a vital contribution war, the British embassy in Côte d’Ivoire formally closed to the conservation and enhancement of our biodiversity. on 1 April 2005. As stability returned to the country, the This “biodiversity partnership” will be absolutely crucial UK opened a political office in 2006, reporting to and to its success and the strategy will continue to support supervised by our high commission in Ghana. Following this partnership approach, and to build on it. the United Nations-certified presidential elections earlier Copies of the strategy will be placed in the Libraries this year and the inauguration of President Ouattara, I of both Houses. am pleased to announce the reopening of the embassy in Côte d’Ivoire. As I said in Parliament on 11 May 2011, there will be no strategic shrinkage of Britain’s diplomatic influence FOREIGN AND COMMONWEALTH OFFICE overseas. I am committed to extending the Foreign and Commonwealth Office’s global reach and strengthening Afghanistan its influence. Reopening the embassy in Côte d’Ivoire, with a fully accredited, resident ambassador taking up residence in spring 2012 is part of that commitment. The Secretary of State for Foreign and Commonwealth Under President Ouattara’s Government, peace and Affairs (Mr William Hague): I wish to inform the House stability are slowly returning to Côte d’Ivoire. However, that the Foreign and Commonwealth Office, together President Ouattara and his Government face huge with the Ministry of Defence and the Department for challenges if the country is to recover from the deep International Development, is today publishing the ninth divisions created by the disputed elections and the progress report on developments in Afghanistan. subsequent civil war. Through the Government’s new This report focuses on key developments during the building stability overseas strategy, the UK will continue months of July and August, commonly associated with to support security sector reform, national reconciliation, a seasonal escalation of violence, and the month of reconstruction and human rights in Côte d’Ivoire. It is Ramadan, a period during which the Taliban leadership important that justice is seen to be served on all those has called for increased activity. There have been a on both sides of the political divide who have been number of high-profile attacks, including the 19 August found responsible for crimes and human rights abuses attack on the British Council, which seriously undermine in the recent conflict. perceptions of security, although overall there have Since the closure of the embassy in 2005, our influence been fewer enemy attacks across the country than last in Côte d’Ivoire has been limited. Reopening sends a year. Progress has been made towards our security clear signal that we are committed to helping peace, objectives but challenges remain, including civilian casualties stability and prosperity return to Côte d’Ivoire. A fully as highlighted by the latest UN Assistance Mission accredited ambassador will be able to work more closely, Afghanistan (UNAMA) report. General Allen took and more credibly, with President Ouattara and his command of ISAF in July and will conduct a campaign Government to help Côte d’Ivoire demonstrate their review in due course. commitment to justice, reconciliation and human rights The first seven areas (including Lashkar Gah in and to become a beacon of democracy in west Africa. Helmand) formally began the transition process in July. Reopening the embassy will also support our commercial Transition does not mean an immediate withdrawal of ties. Côte d’Ivoire is the largest producer of cocoa in the international security assistance force (ISAF) troops world, the fourth largest exporter in sub-Saharan Africa, but will see the Afghan national security force (ANSF) and has one of the best infrastructures for business in begin to take lead responsibility for security in the the region, there will be real opportunities for UK areas. ANSF numbers have now exceeded their October companies particularly in the agricultural, energy and 2011 targets and a new target of 352,000 by the end of financial sectors. Increased prosperity and growth in October 2012 has been endorsed by the Security Standing Côte d’Ivoire is in all our interests. Committee of the Joint (Afghan and NATO) Co-ordination The reopening of the embassy will incur a marginal and Monitoring Board. There was a welcome reduction cost of £16,000. A limited consular service will be in overall Afghan national police (ANP) attrition which offered in Côte d’Ivoire. Our high commission in Ghana brings the rate back on target but Afghan national will continue to provide a visa service as well as full army (ANA) attrition rates still need to be reduced. consular assistance. 23WS Written Ministerial Statements7 SEPTEMBER 2011 Written Ministerial Statements 24WS

Sudan and South Sudan both parties to implement the agreements made. We are grateful to the Government of Qatar for their continued efforts to find a peaceful solution to the ongoing conflict, The Parliamentary Under-Secretary of State for Foreign and look forward to working closely with Qatar through and Commonwealth Affairs (Mr Henry Bellingham): I the Implementation Follow-Up Committee which meets would like to provide the House with an update, following for the first time on 11 September. Looking forward, we the summer recess, on developments in Sudan and encourage continued engagement between the Government South Sudan. and the armed movements to prevent Sudan from breaking We continue to support and encourage Sudan and further into conflict. We stand ready to support the UN South Sudan to develop as two independent states in and AU as they prepare a road map setting out the next peaceful co-existence with one another. Both countries phase of the Darfur peace process. face significant challenges. There remain many outstanding COMPREHENSIVE PEACE AGREEMENT issues following the end of the comprehensive peace We are disappointed that there has still been no agreement, the responsibility for which must ultimately conclusive agreement between the two countries on lie with the Governments of the two countries. many of the outstanding unresolved issues from the CONFLICT comprehensive peace agreement (CPA) which ended on Southern Kordofan and Blue Nile the 9 July. These issues include oil, citizenship and The conflict in Southern Kordofan continues. We border demarcation. There has been no progress on remain deeply concerned at this situation, and continue agreeing the citizenship rights of southerners in (north) to call for an immediate end to the violence that is Sudan, and vice versa, beyond the agreement of a having a devastating effect on over 150,000 civilians. It nine-month transitional period which will come to an is disappointing that, despite the announcement on end in March 2012. The five disputed areas of the 23 August by Sudanese President al-Bashir of a unilateral border remain unresolved. We strongly encourage both two week ceasefire, we have received reports of continuing parties to negotiate in earnest with the intention of violence and human rights abuses by both sides in reaching a lasting settlement. southern Kordofan. As I made clear in the statement of We support the facilitation offered by the African 24 August, we urge the Government of Sudan and the Union high-level implementation panel (AU HIP), led Sudan People’s Liberation Movement (Northern Sector) by Thabo Mbeki, to come to an agreement on these to allow immediate humanitarian access to the many matters. The UK has contributed £250,000 to AU HIP civilians affected by the ongoing violence. this year, enabling this crucial work. We continue to It is very concerning that violence has broken out in press both parties and the AU HIP to urgently engage Blue Nile State, which shares many of the challenges in resolving these issues. faced by Southern Kordofan. Thousands of civilians Sudan have already been displaced. As I made clear in the President Bashir publically stated on 12 July that a statement of 2 September, we condemn any action that constitutional review process, required following the endangers civilian lives, in particular aerial bombardments. completion of the comprehensive peace agreement, will We will continue to work closely with our international be a broad-based and inclusive dialogue. We will continue partners to push for an immediate cessation of hostilities to press for this to be the case. and the establishment of an agreed process to address the root causes of the violence in both Southern Kordofan South Sudan and Blue Nile. In South Sudan, we welcome President Kiir’s Abyei announcement on 27 August of his first Cabinet, eight In Abyei, we continue to have concerns about the weeks after independence. This is an important step for humanitarian situation, with over 100,000 people still the new country.We welcome his commitment to improving displaced by the violence earlier this year. Following service delivery across Government and his intent to UN Security Council Resolution 1990, which authorised show concrete progress on this within 100 days. We now the deployment of up to 4,200 Ethiopian peacekeepers look forward to engaging with the new Ministers, and to Abyei as part of United Nations Interim Stability working with them in support of our shared goals. We Force for Abyei (UNISFA), deployment of UNISFA will continue to highlight the importance of tackling troops is ongoing. UNISFA was primarily mandated to corruption at every level. monitor and verify the withdrawal of SAF and SPLA UN MISSION IN SOUTH SUDAN troops from the Abyei area. We are very concerned that The United Nations Mission in South Sudan (UNMISS), this has not yet occurred and call for both sides to mandated to support peace in South Sudan, continues immediately start withdrawing from the Abyei area. to deploy. The mission, led by former Norwegian UNISFAshould also provide de-mining assistance, facilitate Development Minister, Hilde Johnson, will seek to foster the delivery of humanitarian aid, facilitate the return of state building and economic development, prevent and civilians in the Abyei area and protect those under resolve conflict and protect civilians. Recently we have imminent threat of physical violence. We expect the seen continued localised violence in South Sudan, which Security Council to mandate UNISFA to provide force gives cause for real concern. There are ongoing sporadic protection for border monitors, whose deployment was bouts of fighting in Warrap state which are estimated to agreed to on 30 July by Sudan and South Sudan in have killed around 100 people, while one recent incident Addis Ababa. of inter-tribal violence in Jonglei resulted in several Darfur hundred dead. I welcome the South Sudanese Government’s We welcomed the Government of Sudan and Liberation decision to send troops to the area to prevent further and Justice Movement’s endorsement of the Doha revenge attacks and an escalation of violence. We urge Document for Peace in Darfur on 14 July. We now urge the Government of South Sudan to work swiftly to 25WS Written Ministerial Statements7 SEPTEMBER 2011 Written Ministerial Statements 26WS establish a reconciliation process and identify long-term WORK AND PENSIONS solutions to the causes of such violence—as they have committed to doing. Going forward, we encourage the Government of South Sudan, supported where necessary by the UN Welfare Reform Bill (Employment and Support Mission in South Sudan (UNMISS), to be more proactive Allowance) in addressing inter-tribal conflicts, and their underlying causes. ECONOMIC DEVELOPMENT The Minister of State, Department for Work and In Sudan and South Sudan, the growth and Pensions (Chris Grayling): As part of his spending diversification of the economy will be a vital factor in review announcement, the Chancellor set out his proposal establishing the long-term stability and development to introduce a time limit of one year for those claiming that will prevent conflict and the abuses of human contributory employment and support allowance who rights that accompany conflict. The primary responsibility are in the work-related activity group. The change will, for this lies with the Governments of the two states. The subject to the passage of the enabling legislation, apply UK will play its part, however, in supporting such from April 2012. For those in the work-related activity development, for example in South Sudan we will create group who have already received a year or more more employment opportunities in agriculture and work contributory employment and support allowance as at to help reduce the costs of trans-border trade; and in April 2012, entitlement will cease immediately. Port Sudan, where the opportunities for economic In order to avoid delay in implementing this policy development are considerable. the Department for Work and Pensions has obtained UK COMMITMENT/CONCLUSION approval for an advance from the Contingencies Fund The UK will remain committed to supporting the of £2,705,000 to allow for the development of IT, development of two economically viable and peaceful ensure those potentially impacted by the time limit in states, underpinned by good governance, respect for April 2012 are notified of the change and to deliver the human rights and an environment in which humanitarian operational support that will be required before Royal assistance can reach all that need it. We continue to Assent of the enabling legislation. Parliamentary approval speak out against unacceptable actions in both countries for resources of £2,705,000 for this new service will be when we feel it necessary. We will continue to work sought in a supplementary estimate for the Department closely with the Governments in both Sudan and South of Work and Pensions. Pending that approval, urgent Sudan and with our international partners in pursuit of expenditure estimated at £2,705,000 will be met by those goals. repayable cash advances from the Contingencies Fund. 11P Petitions7 SEPTEMBER 2011 Petitions 12P

In determining any planning application the local Petitions planning authority are required to have regard the development plan for the area, so far as it is material to Wednesday 7 September 2011 the application being considered, and to any other material considerations. While the Secretary of State does have powers to OBSERVATIONS “call-in”a planning application for his own determination, if he considers that it raises matters of more than local importance, his policy is to be very selective about this. COMMUNITIES AND LOCAL GOVERNMENT The Secretary of State has not been asked to call this particular application in. Redevelopment of Rushden Hospital Site As it is possible that this proposal may, at some The Humble Petition of residents of Rushden, future date, come within his jurisdiction (for example in Northamptonshire and the surrounding areas, the event of a planning appeal), it would be inappropriate to comment on the specific issues raised in the petition. Sheweth, that the proposed revised redevelopment of the Rushden Hospital site for housing is unpopular, ill-advised and JUSTICE detrimental to the residents of Rushden; that over 25% Sentences for causing death by dangerous driving of the residents of Rushden petitioned the House of The Petition of Christine, Kevin and Victoria Shields Commons for a new outpatient facility in the town, the and others, majority wanting the new facility on the Rushden hospital site; that the proposal to build housing on the site Declares that the Petitioners’ beloved daughter, Katie, instead of an NHS facility is unacceptable and the was killed on the A16 last year by a speeding driver; and impact on the surrounding roads of a large housing that the offender received just two years for this crime. development and the density of the development and The Petitioners therefore request that the House of the proposed cut through to the Greenacre Drive Estate Commons call upon the Government to introduce stiffer is wholly detrimental to local residents and notes that a sentences for drivers who cause death by dangerous similar proposal for housing development on this site driving. was not approved by East Northamptonshire District And the Petitioners remain, etc.—[Presented by Mr John Council. Hayes, Official Report, 14 September 2010; Vol. 515, Wherefore your Petitioners pray that your Honourable c. 9P-10P .] House urges the Secretary of State for Communities [P000861] and Local Government to urge the Department of Observations from the Secretary of State for Justice: Health to withdraw the revised planning application The maximum penalty for causing death by dangerous and further urges him to request that the District Council driving is 14 years custody as well as a compulsory of East Northamptonshire and the County Council minimum two-year disqualification and an extended and the Primary Care Trust work together to provide a re-test. Within this statutory limit it is for the courts to suitable health facility on the site. decide what sentence to impose in any particular case. And your Petitioners, as in duty bound, will ever The courts operate independently of Government and pray, &c.—[Presented by Mr Peter Bone, Official Report, in deciding what sentence to impose, take into account 5 July 2011; Vol. 530, c. 1481 .] all the circumstances of the offence and the offender, [P000937] together with any aggravating and mitigating circumstances and sentencing guidelines. There are no plans to increase Observations from the Secretary of State for Communities this maximum penalty. and Local Government: The independent Sentencing Guidelines Council The Secretary of State for Communities and Local published its Guideline on Causing Death by Driving in Government is aware that a planning application has July 2008. The Guideline details 3 levels of seriousness. been submitted to East Northamptonshire District Council At the most serious end of the scale. Level 1 offences by the Department for Health. He is advised that the encompass driving that involved a deliberate decision to application was validated 4 June 2010 is pending ignore (or a flagrant disregard for) the rules of the road determination. and an apparent disregard for the great danger being East Northamptonshire District Council is responsible caused to others. The starting point for such an offence for the day-to-day development management matters in would be eight years custody, with a sentencing range of that area. It would be inappropriate for the Secretary of seven to 14 years custody. Level 2 offences, where the State to intervene in respect of any planning application driving created a substantial risk of danger, have a which is with a local planning authority for consideration. starting point of five years and a sentencing range of Furthermore, it would not be appropriate for the four to seven years custody. Level 3 offences, at the Secretary of State to intervene in health service provision other end of the scale, where the driving behaviour matters. These decisions fall within the purview of the created a significant risk of danger have a starting point Secretary of State for Health. of three years and a sentencing range of two to five There is a statutory framework in place to ensure that years custody. local planning authorities publicise the planning applications Road traffic cases present particular difficulties for that are submitted to them, and have regard to any the courts. This is because it is not always the worst representations that they receive on those applications transgression by a driver that has the most tragic from members of the community and others. consequences. Sometimes the consequences of a collision 13P Petitions7 SEPTEMBER 2011 Petitions 14P may be entirely disproportionate to the culpability of result in little, if any, harm. The law therefore seeks to the offender. A relatively minor misdemeanour by a punish those who cause death or injury on the road in a driver may have very tragic consequences whereas way that is appropriate to the degree of blameworthiness thoroughly reckless behaviour on the road may fortuitously on the part of the driver. 403W Written Answers6 SEPTEMBER 2011 Written Answers 404W Written Answers to Broadband Mr Hanson: To ask the Secretary of State for Culture, Questions Olympics, Media and Sport what estimate he has made of the monetary value of expenditure in super-fast broadband by (a) the Government and (b) the private sector in each of the last five years. [67857] Tuesday 6 September 2011 [Continued from Column 402W] Mr Vaizey: The Government have not made any specific estimates, but are committed to investing £530 million over the lifetime of this Parliament to help deliver superfast broadband to areas of the UK that the CULTURE, MEDIA AND SPORT market will not reach unaided. The market is expected These questions were intended for publication on Monday to deliver superfast broadband to approximately two 5 September 2011 thirds of households, which includes a £2.5 billion investment commitment from BT, as well as significant Arts investment from Virgin Media and a number of smaller companies. Mr Ivan Lewis: To ask the Secretary of State for Culture, Olympics, Media and Sport pursuant to the Broadband: Finance answer of 23 May 2011, Official Report, column 345W, on arts, when he expects to announce details of his framework for quantifying the economic contribution Fiona O’Donnell: To ask the Secretary of State for of the Department’s sectors. [68444] Culture, Olympics, Media and Sport when he expects to make an announcement on the allocation of funds Mr Jeremy Hunt: The Department, alongside Arts for superfast broadband. [68118] Council England, continues to work on this long-term project and will announce details of any publication on Mr Vaizey: The announcements on the allocations its website as soon as they are available. We currently were made during July and August. anticipate that we will be in a better position to clarify plans for outputs later this year. Broadcasting: Welsh Language British Sky Broadcasting: News Corporation Jonathan Edwards: To ask the Secretary of State for Mr Ivan Lewis: To ask the Secretary of State for Culture, Olympics, Media and Sport whether he has Culture, Olympics, Media and Sport whether any adviser met (a) Welsh Ministers and (b) the Secretary of State or official in his Department discussed News Corporation’s for Wales to discuss the future of Welsh language proposed acquisition of BSkyB with advisers or officials broadcasting, including the devolution functions; and working for the Prime Minister between 23 December if he will make a statement. [68694] 2010 and 12 July 2011. [68315] Mr Vaizey: The Secretary of State for Culture, Olympics, Mr Jeremy Hunt: This was a quasi-judicial decision Media and Sport has had a number of meetings with for which I had to exercise my judgment, having sought the Secretary of State for Wales that covers a wide advice from independent regulators. As such there were variety of topics. no discussions on the substance of my decision about News Corporation’s proposed acquisition of BskyB between advisers and officials from my Department, Communications Bill and advisers and officials working for the Prime Minister between 23 December and 12 July 2011. The Prime Mr Ivan Lewis: To ask the Secretary of State for Minister and No. 10 did not seek to influence the Culture, Olympics, Media and Sport if he will include decision. the issue of future cross-media ownership in any My officials did, on occasions during this period, consultation on the proposed Communications Bill. explain the procedure I was following with officials [68277] working for the Prime Minister. Mr Jeremy Hunt: I have said that we will be considering Mr Ivan Lewis: To ask the Secretary of State for a potential weakness in the media plurality public interest Culture, Olympics, Media and Sport if he will publish powers, in our work for the new Communications Bill, his letter to the Competition Commission referring to it including any consultation. In addition, as set out by the matter of News Corporation’s proposed acquisition the Prime Minister, Lord Justice Leveson’s Inquiry will of BSkyB. [68317] also be looking at the issues of cross media ownership. The intention is for recommendations in these areas to Mr Jeremy Hunt: My reference to the Competition feed into our considerations for the Bill. Commission under Section 58 of the Enterprise Act 2002 dated 13 July has been published on my Department’s Mr Ivan Lewis: To ask the Secretary of State for website. Culture, Olympics, Media and Sport what plans he has All published documents relating to the News Corp/ for the consultation on a new Communications Bill in BSkyB merger can be found using the link: light of the establishment of the judicial inquiry into http://www.culture.gov.uk/publications/7880.aspx telephone hacking. [68433] 405W Written Answers6 SEPTEMBER 2011 Written Answers 406W

Mr Jeremy Hunt: The Government have committed Departmental Air Travel to legislate during this Parliament to modernise regulation governing the communications sector. It is a Government John Mann: To ask the Secretary of State for priority and work has already begun. Lord Leveson’s Culture, Olympics, Media and Sport on what occasions inquiry looking at press regulation will contribute to he has flown on official business (a) by budget airline the future Bill and decisions on timing will be taken and (b) in economy class in the last 12 months. [67909] when this essential work is further advanced. John Penrose: The information requested is set out in Creative Industries Council the following table:

Alison McGovern: To ask the Secretary of State for Date Destination Flight Culture, Olympics, Media and Sport (1) what criteria October 2010 San Francisco/Los Economy he applied to determine the persons to be invited to Angeles join the Creative Industries Council; [68059] November 2010 Kuala Lumpur Economy (2) if he will make it his policy to place in the Library November 2010 Zurich Budget Airline a copy of the (a) agenda and (b) minutes of each March 2011 Dublin Budget Airline meeting of the Creative Industries Council. [68060] Departmental Billing Mr Vaizey: I refer the hon. Member to the answers given by the Secretary of State for Culture, Olympics, Gavin Williamson: To ask the Secretary of State for Media and Sport, my right hon. Friend the Member for Culture, Olympics, Media and Sport how many late South West Surrey (Mr Hunt), to the hon. Member for payments his Department has made to contractors Bury South (Mr Lewis) on 16 May 2011, Official Report, between January 2008 and June 2009; and what the columns 4-5W. cost to the public purse was of any (a) penalty charges or (b) interest charges incurred in that period. [68395] Alison McGovern: To ask the Secretary of State for Culture, Olympics, Media and Sport how many employees John Penrose: The number of invoices paid later than each company represented on the Creative Industries 30 days during this period was 108 (1.4% of transactions). Council has in each region. [68071] There are no separate records maintained in respect of penalty or interest charges incurred, if any. This Mr Vaizey: This Department does not hold a regional information could be provided only at disproportionate breakdown for employees for each of the Creative Industries cost, as it would involve checking details of all invoices Council members. While the creative industries do have paid during the period. a London and south-east England focus, there are major centres in other regions of England, and we Departmental Consultants would expect the members of the Council to reflect that. Austin Mitchell: To ask the Secretary of State for Culture, Olympics, Media and Sport how many senior Cultural Education Review civil servants in his Department at each grade had worked for PricewaterhouseCoopers, Ernst and Young, Mr Ivan Lewis: To ask the Secretary of State for Deloitte or KPMG immediately prior to taking up their Culture, Olympics, Media and Sport whether the Henley appointment in each of the last four years; what consultancy review of cultural education will report to him. [68280] agreements his Department had with those firms in each such year; and how many consultants from those Mr Jeremy Hunt: The review of Cultural Education firms have advised his Department in each such year. being undertaken by Darren Henley will report to both [68959] my Department and the Department for Education. John Penrose: The Department for Culture, Media and Sport (DCMS) does not hold centrally a record of Departmental Advertising the number of its staff who worked for any of the four firms listed, immediately prior to taking up their Gavin Williamson: To ask the Secretary of State for appointment in the last four years, A full list of consultancy Culture, Olympics, Media and Sport how much his agreements taken out by DCMS’ Government Olympic Department has spent on (a) television, (b) radio and Executive (GOE), as well as the number of consultants (c) newspaper advertising in (i) real and (ii) nominal from each firm who have advised the Department, are terms between January 2008 and June 2009; and what detailed by financial year in the following tables: the total cost to the public purse was. [68375] Year 2007-08 Number of John Penrose: The Department for Culture, Media Firm agreements Number of advisers and Sport did not spend anything on radio and television KPMG 0 0 advertising during this period. It used newspaper PWC 2 4 advertisements for the purposes of recruitment and Ernst and Young 0 0 spent £37,357.49 on this between January 2008 and Deloitte 4 4 June 2009. 407W Written Answers6 SEPTEMBER 2011 Written Answers 408W

Year 2008-09 Departmental Correspondence Number of Firm agreements Number of advisers Austin Mitchell: To ask the Secretary of State for KPMG 0 0 Culture, Olympics, Media and Sport how many letters PWC 1 1 his Department received from hon. Members in June Ernst and Young 0 0 2011. [68761] Deloitte 0 0 John Penrose: The Department received 536 letters Year 2009-10 and 15 emails from hon. Members in June 2011. Number of Firm agreements Number of advisers Departmental Ministerial Policy Advisers KPMG 0 0 PWC 5 12 Gavin Williamson: To ask the Secretary of State for Ernst and Young 1 1 Culture, Olympics, Media and Sport how many (a) Deloitte 0 0 special advisers and (b) press officers were employed by his Department between January 2008 and June Year 2010-11 2009; and what the cost to the public purse was in (i) Number of cash and (ii) real terms of such appointments. [68331] Firm agreements Number of advisers

KPMG 0 0 John Penrose: The Department employed three special PWC 0 0 advisers and 24 press officers between January 2008 and Ernst and Young 1 1 June 2009. The salary cost in cash terms and in real Deloitte 0 0 terms, to the public purse, is in the following table:

£ Other contractual—although not necessarily consultancy —agreements taken out by DCMS and the four named Job title 2008-09 (cash terms) 2011 (real terms) firms, are as follows. It has not been possible to provide Special 279,522.19 271,136,34 the number of consultants who worked on each contract advisers as these data are not held centrally by our Finance or Press 1,118,609.39 1,085,050.73 Property and Procurement teams. All invoices owed to officers a company are normally fixed. As such, a range of people might be involved who are not necessarily detailed Departmental Mobile Phones in the firm’s bid. Calendar year 2007 Gavin Williamson: To ask the Secretary of State for Number Culture, Olympics, Media and Sport how many mobile of telephones and BlackBerrys were provided to staff in Firm agreements Purpose of contract his Department between January 2008 and June 2009; and what the cost to the public purse was of (a) line KPMG 0 — rental, (b) insurance and (c) the purchase of such PWC 1 Assessment of World Heritage Sites telecommunications equipment. [68320] Ernst and Young 0 — Deloitte 2 ICT compliance review; John Penrose: The Department spent £124,265.40 on DCMS transformation line rental and usage and £10,974.81 on other items, programme such as batteries, Sim cards and cases between January 2008 and June 2009. No insurance costs were incurred. Calendar year 2008 We are unable to separate line rental from usage Number of because our records do not allow this and we do not Firm agreements Purpose of contract hold the information about the provision of mobile telephones and BlackBerrys to staff within that period. KPMG 0 — PWC 1 Wind up of regional Departmental Official Cars cultural consortiums Ernst and Young 1 Due diligence on the Tote Gavin Williamson: To ask the Secretary of State for Deloitte 1 IT security review Culture, Olympics, Media and Sport what the cost to the public purse was of (a) cars leased by his Calendar year 2009 Department to staff and (b) Ministerial chauffeurs Number of between January 2008 and June 2009. [68384] Firm agreements Purpose of contract

KPMG 0 John Penrose: The Department for Culture, Media and Sport does not lease cars to staff or Ministers. Cars PWC 1 Equal pay audit for Ministers were supplied through the Government Ernst and Young 0 Car and Despatch Agency (GCDA). The charge for this Deloitte 1 IT security review service is based on time per job rather than dividing the car and driver cost. The cost of GCDA cars supplied to There were no contractual agreements taken out with Ministers in the period January 2008 to June 2009 was any of the four firms listed in 2010. £457,076.73. 409W Written Answers6 SEPTEMBER 2011 Written Answers 410W

Departmental Official Hospitality and Strathspey (Danny Alexander), said in response to PQ16752 on 15 November 2010, Official Report, columns Steve Rotheram: To ask the Secretary of State for 615-16W, that the Government had announced a more Culture, Olympics, Media and Sport how much his specific and innovative approach to efficiency and reform Department has spent on hospitality for staff since across the public sector, including: May 2010. [67822] a reduction in administration budgets of 34% across the whole of Whitehall and its arm’s length bodies saving £5.9 billion a John Penrose: The Department has a strict policy year by 2014-15; restricting the use of hospitality. All expenditure is radically reducing the number of arm’s length bodies across incurred in accordance with the principles of Managing government; and Public Money and the Treasury handbook on Regularity and Propriety. the Efficiency and Reform Group’s tough new efficiency regime which will drive savings in procurement, major projects and Hospitality can only be incurred on behalf of visitors estate management; from outside the public sector, where the value of the work related discussions is recognised to assist the and in result, Departments would no longer be required to taking forward of business. Hospitality normally takes report against the previous Government’s efficiency targets. the form of tea and coffee, and exceptionally includes In August 2011, the Minister for the Cabinet Office lunch. There is a presumption that in all cases the and Paymaster General, the right hon. Member for number of civil servants must not exceed the number of Horsham (Mr Maude), announced that the Efficiency guests. All hospitality expenditure must be approved at and Reform Group’s new measures had saved £3.75 a senior level. billion over 2010-11. This impact was assessed using The departmental spend on hospitality since May 2010, methodologies described in the following table. The predominantly for visitors rather than departmental assessment has been independently verified by Government staff, is £28,201.22 auditors who found the benefits assertions to be fairly calculated and presented. As part of this, Table 11 of Departmental Procurement the DCMS Report and Accounts 2010-11 (HC1002) reports that non-pay gross admin costs for my Department Owen Smith: To ask the Secretary of State for Culture, (excluding provisions) reduced from £26.8 million in Olympics, Media and Sport what methodology (a) his 2009-10 to £25.0 million in 2010-11. Figures in this Department and (b) the non-departmental public bodies report are prepared in accordance with HM Treasury’s for which he is responsible used to estimate savings to Financial Reporting Manual for central Government the public purse made in respect of its procurement and Departments and associated Treasury accounting and purchasing since May 2010. [69275] budgeting guidance. John Penrose: The Chief Secretary to the Treasury, This information also applies to all of the Department’s the right hon. Member for Inverness, Nairn, Badenoch public bodies.

Activity and calculation method Area Activity description Evidence base/calculation

Consulting Government put in place a moratorium on Savings are calculated by subtracting total new consulting spend, and extensions to departmental reported spend on consultancy existing contracts. Where spend was for 2010-11 from total departmental considered operationally critical (for reported spend on consultancy for 2009-10. example, where it might put at risk critical To reduce the risk of costs shifting between services) an exception process existed for categories, we also monitored expenditure on Department Ministers to sign off other professional services categories, expenditure over £20,000. including contingent labour.

Crown Commercial Government have renegotiated deals with The method of calculation varies according some of the largest suppliers to government. to the initiative that yields the saving, but was based on cash releasing savings against a baseline of what would have otherwise been spent This was often price savings against the previous price paid. Savings agreed with suppliers are recorded in Memoranda of Understanding as guaranteed-in-year or conditional-in-year savings. Realised savings were subsequently tracked back to departmental verification of supplier progress reports.

Contingent Labour Government have significantly cut the Savings are calculated by subtracting total number of temporary staff. departmental reported spend on contingent labour for 2010-11 from total departmental reported spend on contingent labour for 2009-10. 411W Written Answers6 SEPTEMBER 2011 Written Answers 412W

Activity and calculation method Area Activity description Evidence base/calculation

Communications Government froze all new marketing spend Calculations compare departmental spend unless it is an operational necessity. Where on marketing and advertising through COI spend was proposed, ministerial sign-off was for 2010-11 with that for 2009-10. required for £20,000 or above.

Centralising Procurement Government have started to centralise spend For each initiative, calculations are on common goods and services to drive performed using individual benefit down prices. These savings derive from the methodologies that set out how savings will 10 categories of expenditure targeted for be calculated against an 2009-10 market centralisation, and relate to price savings price baseline. Evidence is management through increased aggregation. information provided by suppliers.

ICT We implemented: (a) a moratorium on all Calculations are based on departmental new ICT spend above £1 million; and (b) a reports of spend that has not proceeded. review of all on-going ICT commitments. Spend that has not gone ahead in 2010-11 is Departments also reported those projects recorded, as a result of stopping or reducing that were closed before undergoing the spend. Further, sustainable savings are review. targeted through the Government ICT strategy.

Major Projects We reviewed the Government’s biggest HMT have provided assurance that the projects to see where 2010-11 costs could relevant amounts were removed from practically be reduced within contractual departmental budgets following the Major constraints, or wasteful projects stopped Projects related negotiations altogether. We have halted or curtailed spend on four projects: 14-19 Reform—£60 million Identity Cards—£50 million Highways Agency Projects—£54 million Whole Farm—£5 million We have redacted £22 million of potential double counting from these figures, that arises between this work and our supplier renegotiation work stream. £14.9 million arises from the Home Office National Identity Cards and £6.7 million from DEFRA Whole Farm.

Property We put in place national property controls Calculations are property by property based such that signature of new property leases or on the amount Departments have reported lease extensions were approved centrally. It saved through the Government’s property has not always been possible to net off all database by non-renewal of property leases costs associated with vacating buildings. at lease breaks or upon lease expiry However, we have also not claimed savings in respect of revenue from property disposals.

Departmental Rail Travel Departmental Stationery

Gavin Williamson: To ask the Secretary of State for Gavin Williamson: To ask the Secretary of State for Culture, Olympics, Media and Sport what the cost to Culture, Olympics, Media and Sport what the cost to the public purse was for (a) first class and (b) all train the public purse was of stationery purchased by his travel by (i) Ministers, (ii) staff and (iii) special advisers Department between January 2008 and June 2009. in his Department between January 2008 and June [68390] 2009. [68342]

John Penrose: The Department for Culture, Media John Penrose: During the period January 2008 to and Sport’s expenditure on train travel in the period June 2009 the Department for Culture, Media, and January 2008 to June 2009, is set out in the following Sport spent a total of £61,411.61 including VAT on table: stationery and office supplies. DCMS train travel January 2008 to June 2009 Expenditure (£) Departmental Training Ministers first class travel 11,681.10 Other staff first class travel 40,784.60 Other train travel 62,995.35 Gavin Williamson: To ask the Secretary of State for Total 115,461.05 Culture, Olympics, Media and Sport what the (a) date, (b) location, (c) number of attendees and (d) cost to The Department’s accounting system does not separate the public purse was for each (i) away day and (ii) team out the special advisers travel costs, but these are included building activity organised for staff in his Department in the other staff figures. between January 2008 and June 2009. [68335] 413W Written Answers6 SEPTEMBER 2011 Written Answers 414W

John Penrose: The Department arranged 12 team John Penrose: As of 1 July 2011, there were no away days and events in 2008-09. The cost, location and persons undertaking unpaid work experience, internships purpose of these are in the following table: or positions within the Department for Culture, Media and Sport. Cost Purpose of team away day Location (£) Diamond Jubilee 2012: Medals Sport and Leisure Team building Harte and Garter, 1,216.60 and strategy formulation Windsor Lady Hermon: To ask the Secretary of State for All Staff full day Conference Royal Festival Hall, 7,087.63 Culture, Olympics, Media and Sport what consultation London he undertook with other governments of the Public Engagement and Wellcome 1733.13 Commonwealth on the eligibility criteria for the Diamond Recognition Team Building Collection, London Jubilee Medal. [69143] Olympic Programme Office Team Westway Sports 293.75 Building Centre, London Hugh Robertson: Commonwealth nations were not HMG involvement with London The Royal 1,405 2012 Olympics Horseguards Hotel, consulted on the eligibility criteria for the UK Diamond London Jubilee medal, since they produce their own medals. I HMG involvement with London Wembley Stadium 405.40 understand both Canada and the Caribbean Realms 2012 Olympics will be producing medals to mark The Queen’s Diamond Government Olympic Executive Lee Valley Regional 3,276.35 Jubilee next year. Business Plan Review and Team Park Authority, Building Enfield Football: Public Participation HMG involvement with London The Jerwood Space 840,13 2012 Olympics Ltd, London HMG involvement with London The Royal 866 Ian Austin: To ask the Secretary of State for Culture, 2012 Olympics Horseguards Hotel, Olympics, Media and Sport what estimate he has made London of the average monthly number of participants in (a) HMG involvement with London Wallacespace, 2,415 five-a-side and (b) 11-a-side football. [68567] 2012 Olympics London HMG involvement with London Somerset House, 7,642 Hugh Robertson: The latest Active People survey 2012 Olympics London (April 2010 to April 2011), sets out that 1.8 million Private Office Team Building Regus and Urban 1,415.74 people play small sided football at least once a month Golf, London and just over one million people participate in 11 aside football at least once a month. A total of 3.1 million The remaining details requested are not held centrally participate in some form of football at least once a and could be collated only at disproportionate cost. month.

Football: VAT Departmental Visits Abroad Ian Austin: To ask the Secretary of State for Culture, Gavin Williamson: To ask the Secretary of State for Olympics, Media and Sport what discussions he has Culture, Olympics, Media and Sport how many had with (a) Sport England, (b) the Football overseas visits were made by (a) Ministers, (b) staff Association and (c) the Fitness Industry Association and (c) special advisers in his Department between on the effects on grassroots sport of the proposed January 2008 and June 2009; and what the cost to the change in VAT status for five-a-side league football. public purse was of each such visit. [68360] [68575]

John Penrose: Ministers’ visits abroad are undertaken Hugh Robertson: The Secretary of State has had no in accordance with the Ministerial Code. Information discussions with Sport England, the Football Association relating to flights taken is published in the annual list of or the Fitness Industry Association on the proposed Ministers’ overseas travel costing more than £500, and change in VAT status for five-a-side football on participation indicates when officials accompanied them. The lists for in grassroots sport. Officials are looking at this issue 2008-09 and 2009-10 can be accessed at: with Sport England and will be providing Ministers www.cabinetoffice.gov.uk/resource-library/ministers-overseas- with advice shortly. travel The details and costs for officials’ overseas visits are Government Art Collection not centrally collated and could be produced only at disproportionate cost. Mr Watson: To ask the Secretary of State for Culture, Olympics, Media and Sport which works of art from the Government Art Collection are located in each Departmental Work Experience official Ministerial residence and what the (a) title and (b) artist is of each. [69770] Bridget Phillipson: To ask the Secretary of State for Culture, Olympics, Media and Sport how many Mr Vaizey: I will arrange for lists of the Government (a) persons undertaking unpaid work experience, Art Collection works of art located in official Ministers’ (b) unpaid interns and (c) other persons in unpaid residences (Admiralty House Flat 1, 1 Carlton Gardens positions were working in his Department as of 1 July and 10 and 11 Downing street) to be placed in the 2011. [69520] Libraries of both Houses. 415W Written Answers6 SEPTEMBER 2011 Written Answers 416W

Government Procurement Card Content providers will generally remove content that breaks their terms of service, including illegal material Gavin Williamson: To ask the Secretary of State for on suicide and other material that they consider harmful Culture, Olympics, Media and Sport how many and inappropriate. Government also works with search Government Procurement Cards were used by staff of engines and social media sites to ensure that ready his Department between January 2008 and June 2009; access is provided to trusted suicide prevention and and what the (a) name of the supplier, (b) date and (c) support services. value was of each transaction during this period. [68352] Local Broadcasting: Television

John Penrose: A table detailing parts (a), (b) and (c) Mr Ivan Lewis: To ask the Secretary of State for of the information you have requested has been placed Culture, Olympics, Media and Sport what estimate he in the House Libraries. 75 Government Procurement has made of the likely costs, including administrative Cards were used by departmental staff between January costs, of establishing a new framework for local 2008 and June 2009. television services; and if he will make a statement. [68284] Hospitality Mr Jeremy Hunt: A detailed impact assessment, which John Mann: To ask the Secretary of State for fully considers the costs and benefits of establishing a Culture, Olympics, Media and Sport what (a) lunches new framework for local television, can be found here and (b) dinners he has attended at the expense of the host since his appointment; on what dates; and with http://www.culture.gov.uk/consultations/8298.aspx whom. [68285] Mass Media John Penrose: Details of hospitality over £140, received by the Secretary of State and Ministers in this Department Gavin Williamson: To ask the Secretary of State for since being appointed to 31 December 2010, are published Culture, Olympics, Media and Sport what the cost to on the Departmental website: the public purse was of his Department’s national http://www.transparency.culture.gov.uk/2010/10/ media coverage evaluations in each month between Details for the next quarter will be published shortly. January 2008 and June 2009. [68364]

Hotels John Penrose: Echo Research Ltd was commissioned to conduct an evaluation of the media coverage of London’s Olympics, which concluded in July 2008. Gavin Williamson: To ask the Secretary of State for Culture, Olympics, Media and Sport what the cost to The invoice for this work was received in August the public purse was of (a) four star, (b) five star and 2009. The cost was £3,810.53. (c) other hotel accommodation for (i) staff, (ii) No other formal evaluations of media coverage were Ministers and (iii) special advisers in his Department carried out during the period in question. between January 2008 and June 2009. [68370] Mobile Phones: Fees and Charges John Penrose: The Department spent £30,122 on hotels for staff and £1,466 for Ministers between January 2008 and June 2009. The Department does not record Graeme Morrice: To ask the Secretary of State for the star ratings of hotels that have been booked and Culture, Olympics, Media and Sport what recent discussions cannot therefore provide the costs specific to four or he has had with (a) mobile telephone companies and five star hotels. The Department’s accounting system (b) the European Commission regarding mobile telephone does not separate out the special advisers hotel costs, roaming charges; and if he will make a statement. but these are included in the staff figures. [68260]

Internet: Suicide Mr Vaizey: Telecommunications policy, including international mobile roaming charges, is a matter for Rushanara Ali: To ask the Secretary of State for the Department for Culture Media and Sport and the Culture, Olympics, Media and Sport what his policy is independent regulator, Ofcom. The Secretary of State on restricting access to websites which promote suicide. for Culture, Olympics, Media and Sport has not had [69063] any recent discussion with either mobile network operators or the European Commission on this matter. Mr Vaizey: It is an offence to commit an act capable Officials have recently been involved in discussions of encouraging or assisting the suicide or attempted with the European Commission and other member suicide of another person with the intention to so states, at the Communications Committee (COCOM) encourage or assist. and at Council Working Group level, on the recent While websites which promote suicide are illegal, the draft Regulation on Roaming charges, As part of their internet can provide an opportunity to be able to reach ongoing dialogue with communications suppliers, officials out to vulnerable individuals who would otherwise be have also discussed roaming, and the recent Commission reluctant to seek information, help or support from proposals, with Telefonica O2, Hutchison Three and other agencies. Vodafone. 417W Written Answers6 SEPTEMBER 2011 Written Answers 418W

National Lottery: Scotland contracts awarded to date are to companies outside of London, with two-thirds of these small and medium-sized Cathy Jamieson: To ask the Secretary of State for enterprises. The ODA held 60 events between June 2007 Culture, Olympics, Media and Sport (1) what and April 2010 and visited every nation and region consultation he has had with Ministers in the Scottish during the height of its procurement activity, and engaged Executive on the determination of priorities for lottery with over 10,000 businesses. The programme of events funds allocated for use in Scotland; [69657] concluded in April 2010 as much of the procurement work had been completed. LOCOG’s engagement with (2) what plans he has for the future role of Ministers businesses is still continuing. in the Scottish Executive in determining priorities for lottery funds allocated for use in Scotland. [69658] Julie Elliott: To ask the Secretary of State for Culture, Olympics, Media and Sport pursuant to the John Penrose: The Secretary of State for Culture, answer of 24 May 2011, Official Report, column 510W, Olympics, Media and Sport and I have not discussed on Olympic Games 2012, who sits on the LOCOG the determination of priorities for lottery funding in North Eastern Advisory Group; which organisations Scotland with Scottish Ministers. Under the devolution they represent; and what process was used to determine arrangements, such matters are for Scottish Ministers the membership of the Advisory Group. [68514] to determine through the policy directions they issue to lottery distributors. There are no plans to change this. Hugh Robertson: The London Organising Committee Newspaper Press of the Olympic and Paralympic Games (LOCOG) is responsible for the Olympic Torch Relay, LOCOG is a private company operating independently of Government. Mr Ivan Lewis: To ask the Secretary of State for Culture, Olympics, Media and Sport what the date and LOCOG have advised the Department that the venue was of each meeting he has had with newspaper organisations that formed the Torch Advisory Group in (a) editors, (b) executives and (c) proprietors since his the North-East include One North East; Arts Council appointment. [68314] England; Sport England; the Strategic Health Authority, NHS North-East; the Association of North-East councils; Mr Jeremy Hunt: No.10 maintains a transparency Gateshead council (as it chairs the ANEC local authority website containing links to each Government Department’s working group); the BBC; and Cleveland police (on quarterly reports, listing Minister’s meetings with outside behalf of all North-East police forces). Government interest groups. The most recent report is entitled DCMS Office for the North-East was on the group while it Ministerial hospitality, overseas travel and meetings existed. with outside interest groups: 1 January to 31 March 2011: During the bid, the Nations and Regions Group was http://www.transparency.culture.gov.uk/2011/07/26/dcms- established to ensure engagement with the London ministerial-hospitality-overseas-travel-and-meetings-with- 2012 Games and maximise their benefits across the outside-interest-groups-jan-mar2011/ UK. Since the bid was won in 2005, the London 2012 In addition, a list of all my meetings with proprietors, Board for the North East was established to work with editors and senior media executives for the period 11 May local stakeholders and through the central Nations and 2010 to 15 July 2011: Regions Group. The membership of the Torch Relay http://www.transparency.culture.gov.uk/2011/07/26/sos- Advisory Group in the North-East reflects that of the meetings-with-proprietors-editors-and-senior-media- broader board and was established in consultation with executives-11may1-15jul11/ them. have recently been published. Mrs Main: To ask the Secretary of State for Culture, These reports can be found using the link: Olympics, Media and Sport if he will consider placing http://www.transparency.culture.gov.uk/2011/07/ direct web links to accommodation in counties which Olympic Games 2012 are hosting Olympic events on the London 2012 Olympics accommodation website. [68822]

Tom Greatrex: To ask the Secretary of State for Hugh Robertson: The London 2012 Organising Culture, Olympics, Media and Sport how many London Committee (LOCOG) is responsible for the 2012 Olympic business suppliers and procurement events have been held in (a) Scotland, (b) England and (c) http://www.london2012.com Wales in the last 12 months; and who was responsible website, which includes a section on accommodation, for advertising, publicity and promotion in each nation. LOCOG is a private company, independent of Government. [68012] As the acknowledged tourism authorities, the London 2012 Organising Committee website links directly to Hugh Robertson: The information the hon. Member VisitBritain and London & Partners (formerly Visit has requested has not been centrally collated. London) accommodation pages to showcase the latest The London 2012 Business Network promotes options for accommodation for those visiting the UK opportunities from the Olympic Delivery Authority and London around Games-time. (ODA) and the London 2012 Organising Committee (LOCOG), through events, communications, business Olympic Games 2012: Employment bulletins and CompeteFor. The ODA and LOCOG also undertake visits to the nations and regions to promote Rushanara Ali: To ask the Secretary of State for games-related contract opportunities and host business Culture, Olympics, Media and Sport what steps are delegations to the Olympic Park. Overall, nearly 50% of being taken to ensure that residents of the East End of 419W Written Answers6 SEPTEMBER 2011 Written Answers 420W

London will benefit from job opportunities created by focused through the London 2012 Organising Committee the London 2012 Olympics. [69062] (LOCOG) and the Olympic Park Legacy Company (OPLC). Hugh Robertson: The Olympic Delivery Authority In June 2011 1,196 (24%) of the ODA’s Olympic (ODA) set a target to deliver a construction workforce Park work force and 1,529 (27%) of the Athlete’s Village of at least 15% of the residents of the five host boroughs. work force were resident in the five host boroughs, In June 2011 of the Olympic Park contractor workforce which includes Tower Hamlets. Further information 24% were resident in the five host boroughs. can be found in the ODA’s Jobs, Skills, Futures report, The ODA and its partners have put a range of measures which was published on 20 July at the following link: in place to help local people in particular access training http://www.london2012.com/publications/employment-and- and employment opportunities on the site. Vacancies skills-update-july-2011.php are offered exclusively to the host borough employment The ODA and its partners have put a range of measures brokerages and Jobcentre Plus offices in the area for a in place to help local people in particular access training period of 48 hours. Vacancies unfilled after this time are and employment opportunities on the site. Vacancies advertised across London for a further 24 hours and are offered exclusively to the host borough employment after this are made available across the UK through the brokerages and Jobcentre Plus offices in the area for a national Jobcentre Plus network. period of 48 hours. Vacancies unfilled after this time are advertised across London for a further 24 hours and Further information can be found in the ODA’s Jobs, after this are made available across the UK through the Skills, Futures report, which was published on 20 July national Jobcentre Plus network. at the following link: LOCOG is now beginning to accelerate its recruitment http://www.london2012.com/publications/employment-and- skills-update-july-2011.php as it builds up to Games-time. LOCOG will have a work force of up to 200,000 people, made up of around 6,000 The London 2012 Organising Committee (LOCOG) FTE roles; up to 70,000 Games Maker volunteers; and is now beginning to accelerate its recruitment as it 100,000 contractor positions (of which around 30,000 are builds up to Games-time. LOCOG will have a workforce expected to be ‘new’ jobs). of up to 200,000 people, made up of around 6,000 FTE roles; up to 70,000 Games Maker volunteers; and 100,000 LOCOG works closely with Tower Hamlets and the contractor positions (of which around 30,000 are expected other five East London host boroughs, and has set itself to be ‘new’ jobs). a target of 15-20% recruitment from their residents. At this early stage, 21.6% of LOCOG’s work force are LOCOG works closely with the East London host residents of the six host boroughs (figure includes Barking boroughs, and has set itself a target of 15% to 20% and Dagenham). LOCOG and its contractors are now recruitment from their residents. At this early stage, actively encouraging applications from the six host 21.6% of LOCOG’s workforce are residents of the six boroughs, working with the local authorities, local job host boroughs (figure includes Barking and Dagenham). brokerages, the host borough unit and Job Centre plus. LOCOG and its contractors are now actively encouraging The OPLC is responsible for the long term development applications from the six host boroughs, working with of most of the Olympic Park after the Games. The the local authorities, local job brokerages, the host company is keen to ensure local people can take advantage borough unit and Job Centre plus. of the employment opportunities generated by the Games, The Olympic Park Legacy Company (OPLC) is use existing infrastructure within the host boroughs, responsible for the long term development of most of including the local labour schemes and training facilities, the Olympic Park after the Games. The company is and to maximise opportunities to sustain employment keen to ensure local people can take advantage of the for residents of the host boroughs employed during employment opportunities generated by the Games, use Games-time. Further information can be found in the existing infrastructure within the host boroughs, including London 2012 Olympics and Paralympic Games Quarterly the local labour schemes and training facilities and to Report at the following link: maximise opportunities to sustain employment for residents http://www.culture.gov.uk/publications/8308.aspx of the host boroughs employed during Games-time. Further information can be found in the London 2012 Olympic Games 2012: Facilities Olympics and Paralympic Games Quarterly Report at the following link: Rushanara Ali: To ask the Secretary of State for http://www.culture.gov.uk/publications/8308.aspx Culture, Olympics, Media and Sport if he will take steps to ensure that local residents will have access to the sports facilities used as part of the London 2012 Rushanara Ali: To ask the Secretary of State for Olympics following the completion of the Games. Culture, Olympics, Media and Sport what recent [69069] estimate he has made of the number of jobs created by the London 2012 Olympics which will be taken by Hugh Robertson: The Olympic Park Legacy Company Tower Hamlets residents. [69073] was set up by the Government and the Mayor of London to manage, develop and maintain the Queen Elizabeth Hugh Robertson: I have made no such estimate. The Olympic Park after the Games. This includes putting Olympic Delivery Authority (ODA) is currently in the local communities at the heart of its planning for its final stages of the ’big build1 of the venues for the Olympic venues—the Aquatics Centre, the Multi-use London 2012 Olympic and Paralympic Games. With Arena and the Stadium. The Legacy Company is in the the ODA’s construction work on the venues drawing to process of appointing operators for these venues and a close future employment opportunities will now be aims to have them in place before Games-time. While 421W Written Answers6 SEPTEMBER 2011 Written Answers 422W these operators will be expected to manage the venues, John Penrose: The Department for Culture, Media the Legacy Company will be very much involved in and Sport has established a new £100 million overseas overseeing their management and in ensuring that local tourism marketing fund which is a joint public-private residents have full access at prices comparable with sector initiative. The marketing programme, which is facilities in the area. being led by VisitBritain, will capitalise on the international The Lee Valley Regional Park Authority is committed interest in the recent royal wedding, as well as next to ensuring that facilities at the VeloPark and Hockey/Tennis year’s diamond jubilee and the Olympic games and Centre on the Eton Manor site are fully accessible to all Paralympic games, and showcase Britain to the world. members of the community. They are working in The programme is aiming to attract 4 million additional partnership with the national governing bodies for cycling, visitors and £2 billion extra spend in the UK economy tennis and hockey to ensure a balanced approach to over the next four years, which will support businesses, sports delivery at all their venues and will develop jobs and growth. VisitBritain will be promoting the full extensive sports development plans/programmes aimed range of destinations in Britain across a number of at engaging with all members of the community from platforms including heritage cities as a generic tourism grass roots activity through to elite performance product. The destination will also feature in their Places programmes. to Visit, gazetteer which can be found at: The authority will actively work with local community http://www.enjoyengland.com/ groups and other partners to ensure Local people benefit VisitEngland have already highlighted the cathedral from these facilities and will also encourage wider usage of St Albans in their cultural pages and this coincided across the region. They are currently doing some extensive with the local Organ festival being held at the time. work with the six host boroughs to ensure local communities Beyond that, destination-specific marketing, for St Albans benefit from the Olympics and that sports development or anywhere else, is best handled by the local Destination plans reflect needs locally. Management Organisation in each area. The authority has already opened the Lee Valley Olympic Games 2012: Housing White Water Centre in Broxbourne to the community, the only newly built facility to be open before the Rushanara Ali: To ask the Secretary of State for Olympics. Visitor tracking for the first six months of Culture, Olympics, Media and Sport what progress his operation indicates that the centre has received residents Department has made on the development of affordable from every single London borough and has the highest homes in the Olympic Village and when a lettings policy percentage of users from the local boroughs of Broxbourne, will be published. [69068] Epping and Enfield. Hugh Robertson: The forecasted Village construction Olympic Games 2012: Hertfordshire end date for the Games is early 2012. The 2,818 homes will be temporarily fitted out for the use of Olympic Mrs Main: To ask the Secretary of State for Culture, and Paralympic Athletes during the Games. 1,379 affordable Olympics, Media and Sport with reference to the Answer homes in the Village have been pre-sold to Triathlon of 21 July 2005, Official Report, column 2077W, who Homes, an approved provider of affordable homes, who will lead the East of England Olympic Working Group will also manage the homes. From summer 2013/spring following the closure of the East England Development 2014 the final high quality homes will be delivered to Agency in March 2011. [68820] Triathlon ready for residents to move into. Triathlon has been working with the host boroughs and the Hugh Robertson: The East of England London 2012 Greater London Authority on the lettings strategy for Board (Nations and Regions East) will lead the East of the social rented homes on the site. This is currently England Olympic Working Group. The Board presently being approved by all parties and will be published later includes the following representation: East of England in 2011. Development Agency, East of England Local Government Association (EELGA), Sport England, Department of Olympic Games 2012: Tickets Health, Arts Council England East, Lee Valley Regional Park Authority, East of England Business Group, East John Mann: To ask the Secretary of State for of England Tourism and Representatives from each of Culture, Olympics, Media and Sport what estimate he the six county area working groups, which includes the has made of the number of unsuccessful applicants for Chairman of the Hertfordshire is Ready for Winners the first round of allocations for tickets to the London Group. The group is chaired by Councillor Stephen 2012 Olympics who were not informed of the outcome Castle, Nations and Regions Group Member. The of the ticket ballot before 24 June 2011. [68184] Government is funding the continuation of regional coordination services and support for the operation of Hugh Robertson: I have not made any such estimation. the Nations and Regions East Group. The Department The London Organising Committee of the Olympic for Culture, Media and Sport has an agreement with Games and Paralympic Games Limited (LOCOG), is a EELGA for the latter to provide these services in 2011-12 private company independent of Government, responsible and from 1 April to 30 September 2012. for the tickets for the London 2012 games. LOCOG has stated that in the first window of Olympic Mrs Main: To ask the Secretary of State for Culture, ticket sales from 15 March until 26 April, 1.9 million Olympics, Media and Sport with reference to the people put in applications for 22 million tickets. 700,000 Answer of 21 July 2005, Official Report, column were successful and notifications were sent to all applicants, 2077W, if he will highlight the city of St Albans in successful and unsuccessful, by 24 June. LOCOG has promotional literature for visitors to the London 2012 communicated regularly with all these applicants, so Olympics. [68821] they would be aware of the process. 423W Written Answers6 SEPTEMBER 2011 Written Answers 424W

Phone Hacking Inquiry Sports: Finance

Mr Ivan Lewis: To ask the Secretary of State for Barry Gardiner: To ask the Secretary of State for Culture, Olympics, Media and Sport if he will consult Culture, Olympics, Media and Sport what the conditions the official Opposition on the composition of the panel were of funding through Sport England to national of media experts to be appointed to assist Lord Justice governing bodies; and what increase in participation his Leveson’s inquiry into wrongdoing by the press and Department’s Active People Scheme has recorded in police. [68283] each sport so funded. [68001]

Mr Jeremy Hunt: The Prime Minister announced the Hugh Robertson: Sport England invests in 46 national membership of the panel of media experts to be appointed governing bodies of sport to help deliver their strategy to assist Lord Justice Leveson’s inquiry into wrongdoing of increasing participation in sport. Each sport has by the press and police, on 20 July 2011, Official Report, developed a whole sport plan that explains how it will columns 918-21. use this money to achieve their outcomes. A summary Names were passed to the opposition ahead of the of the plans, and the investment made, is available on announcement and it was good to see the leader of the the Sport England website at the following link: opposition welcome them in his response. http://www.sportengland.org/funding/ngb_investment/ ngb_whole_sport_plans.aspx Press Complaints Commission During the period April 2010 to April 2011, 6.924 million adults participated in sport three times a week Mr Ivan Lewis: To ask the Secretary of State for for 30 minutes at moderate intensity. This is 108,600 Culture, Olympics, Media and Sport what the date was more adult participants than the 2007-08 baseline (Active of each meeting he has had with the Press Complaints People Survey 2). The current, and previous, Active Commission since his appointment. [68278] People Survey results can be found on the Sport England website at the following link: Mr Jeremy Hunt: I have not met with the Press http://www.sportengland.org/research/active_people_survey/ Complaints Commission (PCC) since my appointment. active_people_survey_5/aps5_quarter_two.aspx However, the Under-Secretary of State for Culture, Olympics, Media and Sport, the hon. Member for Wantage Treasure Trove: Coroners (Mr Vaizey), met with the PCC on 29 September 2010. Mr Andrew Smith: To ask the Secretary of State for Prime Minister Culture, Olympics, Media and Sport what the timetable is for establishing a Coroner for Treasure as provided Mr Ivan Lewis: To ask the Secretary of State for for in the Coroners and Justice Act 2009; and if he will Culture, Olympics, Media and Sport what the date was make a statement. [68202] of each meeting he has had at which officials or advisers of the Prime Minister were present since December Mr Vaizey: This Department, supported by the Ministry 2010. [68316] of Justice, is continuing to consider the feasibility of establishing a Coroner for Treasure. We will let interested Mr Jeremy Hunt: I attend regular meetings where parties know once we have reached a conclusion. officials or advisers of the Prime Minister may be present. However, details of exactly when, are not held centrally. Treasure Trove: Oxfordshire As has been the practice of previous Administrations, a list of meetings with external organisations is published Mr Andrew Smith: To ask the Secretary of State for on the Department for Culture, Media and Sport website Culture, Olympics, Media and Sport what the average and can be found using the following link: length of time was for the completion of inquests into http://www.transparency.culture.gov.uk/category/other/ Treasure cases from Oxfordshire in (a) 2008, (b) 2009 meetings/ and (c) 2010; and if he will make a statement. [68201] I did not discuss my decisions on the BSkyB merger with the Prime Minister ahead of their announcement. Mr Vaizey: The average time taken for the completion of inquests into Treasure cases in Oxfordshire, based on Rugby: World Cup the time between the date the British Museum wrote requesting that the inquest was held and the receipt of the verdict papers by the British Museum, is as follows: Mr Ivan Lewis: To ask the Secretary of State for Culture, Olympics, Media and Sport what progress his (a) 408 days for cases where the British Museum .requested an Department has made in its support for the hosting by inquest in 2008 England of the 2013 Rugby League World Cup. [68279] (b) 274 days for cases where the British Museum requested an inquest in 2009 Mr Jeremy Hunt: I am working closely with the (c) No inquests have been completed for cases where the Rugby Football League, organisers of the 2013 Rugby British Museum requested an inquest in 2010. League World Cup, as well as the Rugby Football The figures shown exclude two cases from 2009 and Union, organisers of the 2015 Rugby Union World one case from 2010 where the British Museum wrote to Cup, to deliver the coalition agreement commitment to request an inquest but the verdict papers have not yet ensure that the tournaments are successful. been received. 425W Written Answers6 SEPTEMBER 2011 Written Answers 426W

CULTURE, MEDIA AND SPORT London 2012 Olympic cycling road races in (a) Box (b) [68643] Tuesday 6 September 2011 Hill and other areas; (2) what representations he has received on Gambling arrangements for spectators at London 2012 Olympic cycling road races in (a) Box Hill and (b) other areas; Mr Ivan Lewis: To ask the Secretary of State for [68644] Culture, Olympics, Media and Sport pursuant to the (3) what assessment he has made of the adequacy of written ministerial statement of 18 July 2011, Official arrangements for spectators at London 2012 Olympic Report, column 62WS, on remote gambling, and with cycling road races at (a) Box Hill and (b) other areas; reference to his Department’s Business Plan for and if he will make a statement. [68653] 2011-15, if he will implement the recommendations of his Department’s investigation into the use of funds in Hugh Robertson: The London Organising Committee dormant betting accounts to establish a capital fund to of the Olympic and Paralympic Games (LOCOG) is improve local sports facilities and support sports clubs. responsible for staging the Olympic Cycling Road Races [68612] next year. The majority of the route will not require ticketing and LOCOG is working with partners to Mr Jeremy Hunt: The written ministerial statement ensure that the events are a success for athletes and of 18 July 2011, Official Report, column 62WS, on spectators, including ensuring provision for as many remote gambling made clear that the Government’s spectators as possible to view the race at Box Hill and proposal to licence overseas based remote gambling is throughout the route. Spectator arrangements must primarily about public protection. However, there is balance the ambition to provide viewing opportunities relevance to my Department’s review of the possible for as many people as possible with the obligation to use of funds lying in dormant betting accounts and ensure the safety of both spectators and the general unclaimed winnings, and we will consider the report by public. LOCOG and Surrey county council are working my right hon. Friend the Member for Bath (Mr Foster) with Transport for London, who are responsible for on that subject in light of the decision on remote arrangements for the safe movement of spectators and gambling. My Department will announce the decision the general public across the entire route. Box Hill on next steps, shortly. carries two legally binding conservation designations, as both a Site of Special Scientific Interest and a Special Museums and Galleries Area of Conservation. LOCOG are working in partnership with Natural England and the National Trust to ensure Mr Ivan Lewis: To ask the Secretary of State for spectators are able to enjoy the race, while safeguarding Culture, Olympics, Media and Sport pursuant to the the areas of specialist habitat. Officials from this answer of 5 July 2011, Official Report, column 1108W, Department work closely with these organisations and on museum and galleries: charitable trusts, if he will other local partners. publish the framework for the creation of charitable A London 2012 test event of the road race route, the trusts agreed at his meeting with national museum London-Surrey Cycle Classic, took place in August directors at the end of May 2011. [68534] 2011 and will inform planning for the London 2012 Olympic events. Mr Jeremy Hunt: A framework was verbally agreed, and is necessarily individual to each body, given their Mr Knight: To ask the Secretary of State for Culture, range of circumstances and commercial sensitivities. Olympics, Media and Sport which goods and services There are no plans to publish a document. The timetable will be provided free of charge to athletes participating for individual bodies will vary, but the framework agrees in the London 2012 Olympics that are not available free that charitable trusts will be set up and operational by of charge to members of the public; and what estimate the end of the financial year. has been made of the cost of such goods and services. Olympic Games 2012 [69754] Hugh Robertson: The London 2012 Organising Dan Jarvis: To ask the Secretary of State for Culture, Committee (LOCOG) is responsible for the arrangements Olympics, Media and Sport what support in each for athletes competing at the London 2012 Olympic and category of assistance his Department has requested Paralympic Games. LOCOG is a private company, from the Ministry of Defence to assist with the independent of Government, and works closely with London 2012 Olympics. [68535] the National Olympic Committees and National Paralympic Committees that will send teams to the London 2012 Hugh Robertson: The Department is currently in games. A wide range of goods and services from food to discussion with the Ministry of Defence regarding the accommodation are available for competitors, funded possible participation of service personnel in ceremonies from LOCOGs budget. As part of the host city contract in support of the Olympic and Paralympic Games. the Government will provide a range of services necessary The Department has agreed with the Ministry of for athletes travelling to the UK to participate in the games. Defence oh the use of The Royal Artillery Barracks and Horse Guards as venues for the Olympics and Paralympics. Olympic Games 2012: Bexley

Ian Austin: To ask the Secretary of State for Culture, Mr Evennett: To ask the Secretary of State for Olympics, Media and Sport (1) what discussions he has Culture, Olympics, Media and Sport what steps he is had with London Organising Committee of the taking to ensure Bexley benefits from the London 2012 Olympic Games on arrangements for spectators at Olympic games. [69651] 427W Written Answers6 SEPTEMBER 2011 Written Answers 428W

Hugh Robertson: Bexleyheath and Crayford stand to diverse range of goods and services to London 2012 gain from the wide range of opportunities created by across each level of the LOCOG and ODA supply the 2012 games, through businesses winning games-related chains. Examples include; archery targets from Target work, increased tourism and cultural celebrations. Some Tech (Hugglescote, Leicestershire) and plaster and examples of how Bexley will benefit from the games are plasterboard from British Gypsum (Loughborough, given as follows. Leicestershire). The Olympic Delivery Authority (ODA) has awarded The ODA is responsible for developing and building contracts to 759 direct suppliers in London. Examples the venues and infrastructure for the London 2012 of companies based in your constituency that have games. Over 1,500 businesses, including those directly supplied the ODA include Blakley Electrics, who were involved in the construction programme, have supplied responsible for temporary electrics at the Olympic Stadium, the ODA from across the UK, 44 of which are from the and Bexley Accessible Transport Scheme, which provided East Midlands. One of those businesses is Leicester-based equipment. Industrial Fire Protection which specialises in the design, Information on businesses in London that have directly supply and installation of passive fire protection. It supplied the ODA is available in the business section of secured a contract to design supply and fit soffit insulation the London 2012 website at the following link: to the undersides of the concrete floors in the main Olympic stadium. http://www.london2012.com/get-involved/business-network/ oda-suppliers/index.php Pre-Games Training Camps (PGTCs) provide an This information does not include contracts further opportunity to create further economic benefits, including down the supply chain, in tiers two, three and so on, inward investment, through the international attention which are awarded by the tier one contractors and not that will follow. Two agreements are now in place in the by the ODA. East Midlands for teams to use facilities in the region. The agreement between the Japanese Olympic Committee So far 42,403 companies in London have registered and Loughborough University has already brought both on Competefor (the website where London 2012 contract cultural and economic benefits. opportunities are advertised), and 845 contracts have been awarded to Competefor suppliers in London. The games will also provide a focus for the tourism industry. The Government’s Tourism Policy, published Over 19,000 schools and colleges across the UK have in March, aims to help the tourism industry achieve its registered for the London 2012 Organising Committee’s potential for growth through a range of measures. This (LOCOG) London 2012 education programme Get Set. initiative aims to generate 4 million extra overseas visitors To date, 2,556 London schools and colleges have registered, over the next four years bringing in an extra £2 billion of which 75 are in the London borough of Bexley. worth of visitor spend and helping to create 50,000 new Over 1,600 cultural or sporting projects across the jobs across the country. UK have been awarded the Inspire mark, 241 of these are in London. As part of the Olympic Torch Relay, S4C Bexley will hold an Olympic Torch evening celebration on Sunday 22 July 2012. Alun Cairns: To ask the Secretary of State for Culture, In addition, London has received £2.89 million from Olympics, Media and Sport (1) whether targets are in the Legacy Trust. One of the programmes which received place to ensure S4C reduces its central administration funding is Big Dance, a programme which will embrace budget; [68536] the widest possible definition of dance and the broadest (2) what recent progress S4C has made in reducing spectrum of activity. It will engage London’s communities its central administration budget. [68537] and engage artists with communities across the city. Mr Vaizey: The Secretary of State for Culture, Olympics, Olympic Games 2012: Leicester Media and Sport set out the funding for S4C over the spending review period in his letter to the Chair of the Jonathan Ashworth: To ask the Secretary of State for S4C Authority of 20 October 2010: Culture, Olympics, Media and Sport what steps he http://www.culture.gov.uk/images/publications/Jones_S4C.pdf plans to take to support businesses in (a) Leicester and The allocation of its funding in pursuit of its objectives (b) the East Midlands to take advantage of the is a matter for S4C and the Secretary of State has not commercial opportunities of the 2012 London set any targets for S4C to reduce its central administration Olympics. [69679] budget.

Hugh Robertson: The Nations and Regions Group, Alun Cairns: To ask the Secretary of State for Culture, established by the Government Olympic Executive (GOE) Olympics, Media and Sport if he will take steps to and London 2012 Organising Committee (LOCOG), protect the programme budget of S4C; and if he will includes representation from each of the UK nations make a statement. [68876] and regions and works directly with them to help realise and maximise the benefits from the economic, sporting Mr Vaizey: The Secretary of State set out the funding and cultural opportunities offered by the games. for S4C over the spending review period in his letter to The economic benefits of the games continue to flow the Chair of the S4C Authority of 20 October 2010: to businesses across the East Midlands. To date the http://www.culture.gov.uk/images/publications/Jones_S4C.pdf region has secured almost £340 million of Olympic The allocation of its funding in pursuit of its objectives Delivery Authority (ODA) Tier one contracts, the second is a matter for S4C but the Secretary of State believes highest value outside the greater South East. Over the this is the best funding model for ensuring a sustainable past six months, contracts have been let to supply a future for Welsh language programming. 429W Written Answers6 SEPTEMBER 2011 Written Answers 430W

NORTHERN IRELAND Civil Service: Manpower Departmental Work Experience Lisa Nandy: To ask the Minister for the Cabinet Office how many special adviser posts have been advertised Bridget Phillipson: To ask the Secretary of State for since May 2010. [68642] Northern Ireland how many (a) persons undertaking unpaid work experience, (b) unpaid interns and (c) Mr Maude: In accordance with the provisions of the other persons in unpaid positions were working in his Constitutional Reform and Governance Act 2010, special Department as of 1 July 2011. [69504] adviser appointments are exempt from the requirement that appointments to the civil service must be on merit Mr Paterson: As of 1 July 2011, no persons were on the basis of fair and open competition. Therefore, undertaking any form of unpaid work in my Department. no special adviser posts have been advertised. Pat Finucane Departmental Carbon Emissions Mr Woodward: To ask the Secretary of State for Huw Irranca-Davies: To ask the Minister for the Northern Ireland when he intends to make an Cabinet Office pursuant to the answer of 13 July 2011, announcement on the outcome of his consideration on Official Report, column 357W, on carbon emissions, if whether to establish an inquiry into the death of Pat he will assess the feasibility of low-carbon energy generation Finucane; and if he will make a statement. [68874] on the Downing Street estate. [67926]

Mr Paterson: Soon. Mr Maude: In November 2008, under the previous Victim Support Schemes Administration, an energy use options study was carried out in consultation with the Carbon Trust. Ms Ritchie: To ask the Secretary of State for The report stated that: Northern Ireland what steps he is taking together with “there appears to be little benefit in initiating a local CHP the Irish Government to support the needs of victims; (combined heat and power) facility at Downing street as the and if he will make a statement. [68483] existing Whitehall District Heating System (WDHS) already fulfils that role”. Mr Paterson: As I stated in my answer to the hon. In line with the report’s recommendation, this position Lady of 5 July 2011, Official Report, column 1097W, remains unchanged and there are no plans to disconnect responsibility for providing practical services and support Downing street from The WDHS. to victims rests with the devolved Administration. The study also considered other options for renewable However, I am committed to considering what energy generation such as wind turbines and photovoltaic contribution the UK Government can make to dealing panels. However, these proved to be either economically with the legacy of the Troubles. I have had several unviable or precluded by the Grade 1 listing status of discussions with the Irish Foreign Minister on this issue 10 Downing street. and intend to continue to engage with the Irish Government Downing street continues to seek improvements in its on the way forward. sustainability under a programme of building improvement and, over the last year, has reduced carbon emissions by 10.8%. CABINET OFFICE Departmental Procurement British National (overseas) Julian Smith: To ask the Minister for the Cabinet Office how many procurement contracts his Department Stephen Gilbert: To ask the Minister for the Cabinet has awarded to small businesses since May 2010. [67251] Office how many British nationals were living in each other EU member state in each of the last 10 years for Mr Maude: Comprehensive information is not currently (a) (b) all and part of that year; and if he will make a available on the number of contracts awarded to small statement. [68474] businesses and cannot be obtained without exceeding the disproportionate cost threshold of £800. Mr Hurd: The information requested falls within the responsibility of the UK Statistics Authority. I have Since January 2011, all new contracts over the value asked the authority to reply. of £10,000 are required to be published on Contracts Finder. Up to 15 July the Cabinet Office has awarded Letter from Stephen Penneck, dated July 2011: and published on Contracts Finder eight contracts over As Director General for the Office for National Statistics the value of £10,000 to Small and Medium size Enterprises (ONS), I have been asked to respond to your Parliamentary (SMEs). Question how many British nationals were living in each other EU member state in each of the last 10 years for (a) all and (b) Departmental Telephone Services part of that year [68474]. The Office for National Statistics (ONS) does not collect information regarding UK nationals resident outside the UK. Nia Griffith: To ask the Minister for the Cabinet However, Eurostat publishes figures on population by citizenship Office how much funding he has allocated to each for EU countries, these are available at: telephone helpline operated by his Department in http://epp.eurostat.ec.europa.eu/portal/page/portal/ 2011-12; and what the purpose is of each such helpline. population/data/database [68552] 431W Written Answers6 SEPTEMBER 2011 Written Answers 432W

Mr Maude: The Cabinet Office is responsible for the Letter from Stephen Penneck, dated August 2011: operation of the following telephone helplines: As Director General for the Office for National Statistics, I The Efficiency and Reform Group (ERG) within the have been asked to reply to your recent question asking what the Cabinet Office includes the ERG Service Desk, which (a) age-standardised incidence rate for prostate cancer was and answers telephone queries, among other services that it (b) number of diagnoses of prostate cancer there were amongst (i) provides. However, it is not possible to isolate the budget Black African, (ii) Black Caribbean, (iii) Black other, (iv) mixed allocated to answering telephone inquiries from the White and Black African and (v) mixed White and Black Caribbean men in England in each year between 1997-98 and 2009-10. Service Desk’s overall funding. [69413] MyCSP, the administrator for the civil service pension arrangements, operates helplines for scheme members The latest available figures for newly diagnosed cases of prostate and employers. Capita also operate a helpline for payroll cancer (incidence) are for the year 2009. queries on behalf of MyCSP. This activity is not costed The tables attached provide the (a) age standardised incidence separately, either locally or centrally. rate per 100,000 population (Table 1) and (b) the number of diagnoses (incidence) (Table 2) of prostate cancer in England for the years 1997 to 2009. Green Investment Bank Figures are provided for calendar years (January to December) to be consistent with routine cancer registration outputs. Zac Goldsmith: To ask the Minister for the Cabinet Office whether the Green Investment Bank will be It is not possible to provide figures for (i) Black African, (ii) classified by the Office of National Statistics as a Black Caribbean, (iii) Black other, (iv) mixed White and Black public corporation for the purposes of the National African and (v) mixed White and Black Caribbean men as ethnicity is not consistently recorded for individual cancer registrations. Accounts. [68104] The latest published figures on the incidence of prostate cancer Mr Hurd: The information requested falls within the in England are available on the National Statistics website: responsibility of the UK Statistics Authority. I have http://www.ons.gov.uk/ons/taxonomy/ asked the authority to reply. index.html?nscl=Health+and+Social+Care Letter from Stephen Penneck: Table 1: Age-standardised incidence rates per 100,000 population, As the Director General of ONS, I have been asked prostate cancer, males, England, 1997-20091, 2, 3, 4 to reply to your Parliamentary Question asking whether Rate per 100,000 the Green Investment Bank will be classified by the 1997 71 Office of National Statistics as a public corporation for 1998 72 the purposes of the National Accounts (68104). 1999 78 The Office for National Statistics (ONS) has not been 2000 85 asked for a classification decision with regard to the 2001 96 proposed Green Investment Bank (GIB). ONS will 2002 96 apply the international guidelines contained in the European 2003 96 System of Accounts 1995 (ESA 95) to determine the 2004 103 appropriate classification—this may or may not result 2005 99 in the classification of the GIB as a public financial 2006 103 corporation. 2007 100 We understand the GIB is currently still in the planning 2008 98 stage, consequently ONS is unlikely to reach a classification 2009 108 decision on the GIB until details are finalised. 1 Age-standardised incidence rates per 100,000 population, standardised A summary of the UK National Accounts sector and to the European Standard Population. Age-standardised rates are used to allow comparison between populations which may contain transaction classification process is published on the different proportions of people of different ages. ONS website at: 2 Prostate cancer is coded as C61 in the International Classification of http://www.ons.gov.uk/ons/guide-method/method-quality/ Diseases, Tenth Revision (ICD-10). 3 Based on newly diagnosed cases registered in each calendar year. specific/economy/na-classifications/the-uk-classification- 4 process.pdf Figures for England exclude cancer registrations for non-residents. Table 2: Registrations of newly diagnosed cases of prostate cancer, Prostate Cancer: Ethnic Groups males, England, 1997-20091, 2, 3 Number Mr Lammy: To ask the Minister for the Cabinet 1997 20,006 Office what the (a) age-standardised incidence rate for 1998 20,480 prostate cancer was and (b) number of diagnoses of 1999 22,387 prostate cancer there were amongst (i) Black African, 2000 24,593 (ii) Black Caribbean, (iii) Black other, (iv) mixed White 2001 28,015 and Black African and (v) mixed White and Black 2002 28,246 Caribbean men in England in each year between 2003 28,503 1997-98 and 2009-10. [69413] 2004 30,975 2005 30,053 Mr Hurd: The information requested falls within the 2006 31,476 responsibility of the UK Statistics Authority. I have 2007 31,236 asked the authority to reply. 2008 30,893 433W Written Answers6 SEPTEMBER 2011 Written Answers 434W

Table 2: Registrations of newly diagnosed cases of prostate cancer, UK National Accounts: Natural Capital males, England, 1997-20091, 2, 3 Number Zac Goldsmith: To ask the Minister for the Cabinet 2009 34,593 Office what timetable he has set for the inclusion of 1 Prostate cancer is coded as C61 in the International Classification of natural capital within the UK National Accounts. Diseases, Tenth Revision (ICD-10). [69449] 2 Based on newly diagnosed cases registered in each calendar year. 3 Figures for England exclude cancer registrations for non-residents. Mr Hurd: The information requested falls within the responsibility of the UK Statistics Authority. I have Mr Lammy: To ask the Minister for the Cabinet asked the authority to reply. Office what the age-standardised mortality rate from prostate cancer was amongst (a) Black African, (b) Letter from Stephen Penneck, dated August 2011: Black Caribbean, (c) Black other, (d) mixed White and As Director General for the Office for National Statistics, I Black African and (e) mixed White and Black Caribbean have been asked to reply to your Parliamentary Question asking what timetable has been set for the inclusion of natural capital men in England in each year between 1997-98 and within the UK National Accounts. (69449). 2009-10. [69414] The timetable is set out in the Natural Environment White Paper (NEWP)1 which was published by the Department for Mr Hurd: The information requested falls within the Environment, Food and Rural Affairs on 7 June 2011 with the responsibility of the UK Statistics Authority. I have following commitments: asked the authority to reply. ‘The new measures of national wellbeing which are in development Letter from Stephen Penneck, dated August 2011: will reflect our dependency on the natural environment for the quality of our lives.’ As Director General for the Office for National Statistics, I ‘We will put natural capital at the heart of Government accounting. have been asked to reply to your recent question asking what the We will work with the Office for National Statistics to fully age-standardised mortality rate from prostate cancer was amongst include natural capital in the UK Environmental Accounts, with (a) Black African, (b) Black Caribbean, (c) Black other, (d) mixed early changes by 2013. In 2012 we will publish a roadmap for White and Black African and (e) mixed White and Black Caribbean further improvements up to 2020.’ men in England in each year between 1997-98 and 2009-10. (69414) The Office for National Statistics is leading on the delivery of these measurement commitments through our Measuring National Table 1 attached provides the age-standardised mortality rates Wellbeing2 programme. The 2012 roadmap will detail the timetable per 100,000, where prostate cancer was the underlying cause of for inclusion of natural capital within the UK Environmental death, in England, for the years 1997 to 2010 (the latest year Accounts, a satellite account to the UK National Accounts. ONS available). will be seeking to engage with a broad range of experts and Figures are provided for calendar years (January to December) potential users in the development of the roadmap. The exact to be consistent with routine mortality outputs. date for its publication in 2012 has not yet been agreed but the publication date will be pre-announced in line with the National It is not possible to provide figures for (a) Black African, (b) Statistics Code of Practice. Black Caribbean, (c) Black other, (d) mixed White and Black African and (e) mixed White and Black Caribbean men as ethnicity 1 http://www.defra.gov.uk/environment/natural/whitepaper/ is not recorded at death registration. 2 http://www.ons.gov.uk/ons/guide-method/well-being/index.html Table 1: Age-standardised mortality rates per 100,000 males, where prostate cancer was the underlying cause of death, England, 1997- 20101, 2, 3, 4 Rate per 100,000 SCOTLAND

1997 28 Air Force: Military Bases 1998 28 1999 27 Graeme Morrice: To ask the Secretary of State for 2000 26 Scotland what recent discussions he has had with the 2001 27 Secretary of State for Defence on the future of Royal 2002 27 Air Force bases in Scotland. [67648] 2003 27 2004 26 David Mundell: Prior to the announcement of the 2005 26 Basing Review conclusions, the Secretary of State had regular discussions with Cabinet colleagues, including 2006 25 the Secretary of State for Defence, on the future of the 2007 25 Royal Air Force bases in Scotland and other relevant 2008 24 matters. 2009 24 2010 24 Banks 1 Age-standardised mortality rates per 100,000 population, standardised to the European Standard Population. Age-standardised rates are Graeme Morrice: To ask the Secretary of State for used to allow comparison between populations which may contain different proportions of people of different ages. Scotland when he last met representatives of major 2 Cause of death for prostate cancer was defined using the International Scottish banks. [67647] Classification of Diseases, Ninth Revision (ICD-9) code 185 for the years 1997 to 2000, and Tenth Revision (ICD-10) code C61 from 2001 David Mundell: The Secretary of State meets regularly onwards. The introduction of ICD-10 in 2001 means that the numbers with representatives of major Scottish banks. He last of deaths from this cause before 2001 are not completely comparable with later years. met with representatives of the sector shortly before the 3 Figures for England exclude deaths of non-residents. House rose for the summer recess, and has further 4 Figures are for deaths registered in each calendar year. relevant engagements planned this week. 435W Written Answers6 SEPTEMBER 2011 Written Answers 436W

Banks: Pay discussed the proposed Employment Tribunal changes with the Presidents of Employment Tribunals in England Graeme Morrice: To ask the Secretary of State for & Wales and Scotland. Scotland what recent discussion he has had with the Chancellor of the Exchequer on bonuses awarded by Departmental Air Travel Scottish banks. [67646] John Mann: To ask the Secretary of State for Scotland David Mundell: The Secretary of State for Scotland, on what occasions he has flown on official business (a) my right hon. Friend the Member for Berwickshire, by budget airline and (b) in economy class in the last Roxburgh and Selkirk (Michael Moore), and I meet 12 months. [67921] regularly with the Chancellor of the Exchequer to discuss a wide range of issues, including matters relevant to the David Mundell: All air travel is undertaken by the banking sector in Scotland. most efficient and cost effective way, in accordance with the Ministerial Code, a copy of which is available in the Child Benefit Library of the House. In the last 12 months, the Secretary of State for Scotland has travelled in economy class on Graeme Morrice: To ask the Secretary of State for each occasion he has flown on official business, and on Scotland what assessment he has made of the potential two of these occasions he used a budget airline. impact on families in Scotland of reductions in child Departmental Correspondence benefit. [67769]

David Mundell: I refer the hon. Member to the answer Austin Mitchell: To ask the Secretary of State for given by the Exchequer Secretary to the Treasury, my Scotland how many letters the Advocate-General for hon. Friend the Member for South West Hertfordshire Scotland received from hon. Members in June 2011. (Mr Gauke) on 15 November 2010, Official Report, [68767] column 614W. David Mundell: The Advocate-General for Scotland Children: Poverty did not receive any correspondence from hon. Members of Parliament in June 2011.

Graeme Morrice: To ask the Secretary of State for Departmental Responsibilities Scotland what recent assessment he has made of the level of child poverty in Scotland. [67651] Chris Ruane: To ask the Secretary of State for Scotland David Mundell: The most recent National Statistics on how many occasions a request for a meeting by an publication on poverty and income inequality in Scotland hon. Member of each political party was refused by (a) shows that between 2008-09 and 2009-10 child poverty a Minister in his Department directly and (b) his rates in three of the four statutory poverty indicators Department on behalf of a Minister in November 2010. have decreased. Earlier this year both the UK and [67586] Scottish Governments published their respective Child Poverty Strategies, as required by the Child Poverty David Mundell: The Secretary of State for Scotland, Act. The UK Government will continue to work closely my right hon. Friend the Member for Berwickshire, with the devolved Administrations to reduce child poverty Roxburgh and Selkirk (Michael Moore) and I regularly across all parts of the United Kingdom. meet with hon. Members from a range of political parties both formally and informally. The Scotland Conditions of Employment Office does not keep a record of declined meetings. Disability Graeme Morrice: To ask the Secretary of State for Scotland what discussions he has had with trade Graeme Morrice: To ask the Secretary of State for unions in Scotland on proposals to alter employment Scotland when he last met representatives of groups law relating to redundancy and employment tribunals. representing disabled people. [67774] [67771]

David Mundell: Scotland Office Ministers are in regular David Mundell: The Secretary of State for Scotland, contact with trade unions in Scotland on a range of my right hon. Friend the Member for Berwickshire, issues. Roxburgh and Selkirk (Michael Moore) and I are in regular contact with a range of individuals and organisations representing disabled people. Graeme Morrice: To ask the Secretary of State for Scotland what assessment he has made of the potential Energy Supply effect in Scotland of proposals to alter employment law relating to redundancy and employment tribunals. [67772] Graeme Morrice: To ask the Secretary of State for Scotland (1) when he last met with representatives of David Mundell: Scotland Office ministers are committed the six main energy providers in Scotland; [67803] to creating the right conditions for economic prosperity (2) what discussions he has had on recent electricity in Scotland, including the need to remove barriers to and gas price increases by energy suppliers in Scotland; growth and job creation. UK Government officials have and if he will make a statement. [67804] 437W Written Answers6 SEPTEMBER 2011 Written Answers 438W

David Mundell: The Secretary of State for Scotland, David Mundell: I am in regular contact with Home my right hon. Friend the Member for Berwickshire, Office Ministers to ensure that HM Government work Roxburgh and Selkirk (Michael Moore) is in regular closely with their partners in Scotland to implement the contact with the Secretary of State for Energy and UK strategy to combat all trafficking crimes, including Climate Change, my right hon. Friend the Member for the trafficking of children. Eastleigh (Chris Huhne), and with representatives from the main energy suppliers in Scotland on a range of Insolvency issues including the recent electricity and gas price increases. Graeme Morrice: To ask the Secretary of State for Scotland what steps he is taking to reduce the number Fuel Poverty of business insolvencies in Scotland. [67649] David Mundell: The Government’s aim is to achieve Graeme Morrice: To ask the Secretary of State for strong, sustainable and balanced economic growth, driven Scotland when he last met representatives of fuel by investment and exports. In Scotland, we are committed poverty campaigners in Scotland. [67802] to working with the Scottish Government to support businesses. David Mundell: The Secretary of State for Scotland, my right hon. Friend the Member for Berwickshire, Shipbuilding Roxburgh and Selkirk (Michael Moore) and I are in regular contact with a range of individuals and Graeme Morrice: To ask the Secretary of State for organisations on energy issues, including those relevant Scotland (1) what discussions he has had with the to fuel poverty. Secretary of State for Defence on his remarks to the Scottish Affairs Committee on the future of shipbuilding Green Investment Bank in Scotland were it to separate from the Union; and if he will make a statement; [67645] Graeme Morrice: To ask the Secretary of State for (2) what recent assessment he has made of the state Scotland what recent discussions he has had with the of the shipbuilding industry in Scotland; and if he will Secretary of State for Business, Innovation and Skills make a statement. [67662] on the creation of the Green Investment Bank. [67805] David Mundell: Both the Secretary of State and I David Mundell: The Secretary of State for Scotland, recognise the significant contribution shipbuilding makes my right hon. Friend the Member for Berwickshire, to the Scottish economy. Roxburgh and Selkirk (Michael Moore), has met on a Ministry of Defence contracts are critical to the number of occasions with the Secretary of State for future of Scotland’s shipbuilding industry. That is why I Business, Innovation and Skills, my right hon. Friend welcome the decision, following the Strategic Defence the Member for Twickenham (Vince Cable), and other and Security Review last year, to press ahead with interested Ministers to discuss the creation of the Green building the Queen Elizabeth Carriers and to develop Investment Bank. In all relevant discussions, he has the new Type 26 Global Combat Ship which is intended discussed Edinburgh’s case to host the Bank. to follow the Queen Elizabeth Class build programme. The Secretary of State and I have had discussions Housing Benefit with Defence Ministers on a range of issues. This Government firmly believe that Scotland benefits from Graeme Morrice: To ask the Secretary of State for being part of the United Kingdom and that the United Scotland what assessment he has made of the impact in Kingdom benefits from having Scotland within it and will continue to make that case. Scotland of changes to housing benefit. [67773] Unemployment David Mundell: The Scottish Government has published its own impact assessment of how changes to housing Graeme Morrice: To ask the Secretary of State for benefit announced by the Chancellor of the Exchequer Scotland what recent assessment he has made of levels in the June 2010 Budget and October 2010 Comprehensive of unemployment in Scotland; and what steps is he Spending Review may impact on those households in taking to reduce long-term unemployment in Scotland. Scotland which currently rely on housing benefit to pay [67650] their rent. It builds on data previously provided by the Department for Work and Pensions and is available David Mundell: The Secretary of State for Scotland, online from: my right hon. Friend the Member for Berwickshire, http://www.scotland.gov.uk/Topics/Built-Environment/ Roxburgh and Selkirk (Michael Moore) and I pay close Housing/supply-demand/chma/marketcontextmaterials/ attention to levels of unemployment in Scotland. For hbchangesscottishimpact/ example, we are hosting a series of seminars across Scotland to examine the particular challenge of youth Human Trafficking: Children unemployment. The Government have introduced a range of measures Graeme Morrice: To ask the Secretary of State for to reduce long-term unemployment. These include creating Scotland when he last met campaigners against the the wider conditions for balanced, sustainable growth, trafficking of children in Scotland. [67768] and ensuring that work pays and that people on benefits 439W Written Answers6 SEPTEMBER 2011 Written Answers 440W who can work are given support to prepare and search purposes of protecting consumers at airports from anti- for work. The Work Programme in particular is aimed competitive airline practices; and if he will make a at reducing long-term unemployment. statement. [68607]

Mrs Villiers: The proposed reforms to the framework TRANSPORT for airport economic regulation would give the Civil Aviation Authority (CAA) a primary duty to promote A1: Road Signs and Markings the interests of existing and future passengers. Under the new regime airports with substantial market power Mr Knight: To ask the Secretary of State for and for whom regulation adds real value would need a Transport for what reason the temporary message signs licence and CAA would have powers to impose conditions alongside the southbound carriageway of the A1M on these airports to promote passengers’ interests. were not activated on 11 June 2011 notifying motorists The airline sector is generally very competitive. Like of the long delays occurring southbound north of the most other sectors in the UK economy, their prices and junction between the A1 and the M25; and if he will service quality are not regulated. Instead airlines are make a statement. [68489] subject to UK and European competition law, which is enforced by the UK and European competition authorities. Mike Penning: The temporary message signs from Junction 6 to Junction 3 of the A1M were installed to There is also a range of existing legislation which provide information to drivers during the Hatfield Tunnel aims to protect consumers in the airline sector, including refurbishment works. This work is complete and the the Denied Boarding Compensation Regulations and signs have been left in place to provide additional the Passengers with Reduced Mobility Regulations. information in particular to drivers entering the widening In addition, CAA has been consulting on the proposal works on the M25. to set up an aviation consumer advocate panel, which On 11 June 2011 between 6 am and 2 pm the East would provide independent advice to CAA on consumer Regional Control Centre (ERCC) did not log any issues. The Government are also consulting on a number congestion, incident led or otherwise, within 10 km of of reforms to ensure that consumer advice, representation Junction 2 of the A1M and therefore were not required and enforcement, more generally, are delivered effectively to set these signs. and efficiently. Unreported congestion may have caused these delays. On other sections of Motorway this would have been Airports: Railways registered by the Motorway Detection and Automatic Signalling (MIDAS) system and Variable Message Signs (VMS) in the proximity of the congestion would Zac Goldsmith: To ask the Secretary of State for have been activated to warn drivers. This system is not Transport what steps his Department has taken to available for the temporary message signs Junction 6 to improve intermodal connectivity between airports and Junction 3. the rail network. [69383]

Mr Knight: To ask the Secretary of State for Transport Mrs Villiers: The Government recognises the importance for what reason a number of the mobile message boards of good surface access transport links to airports and on the southbound carriageway of the A1(M) are not the crucial role the public sector must play in their currently being activated to warn drivers of possible delivery. delays. [68655] The Government are pressing ahead with major rail improvement schemes including Crossrail, Thameslink Mike Penning: The temporary message signs from and the tube upgrades. A consultation has also recently Junction 6 to Junction 3 on the A1(M) were installed to closed on High Speed Rail. These projects are expected provide information to drivers during the Hatfield Tunnel to benefit passengers travelling to some of our busiest refurbishment works. This work is now complete and airports, including Heathrow, Gatwick, Stansted, Luton the signs have been left in place to provide additional and Birmingham. information, in particular to drivers entering the widening works on the M25. The system is still active but is not connected to the Highways Agency’s Control Office Aviation Based System which controls the standard Variable Message Signs. Zac Goldsmith: To ask the Secretary of State for The temporary signs are controlled by a stand-alone Transport what his policy is on the Civil Aviation personal computer located in the East Region Control Authority’s proposed Future Airspace Strategy for the Centre (ERCC) and are operated manually by ERCC UK 2011 to 2030. [69315] staff. As the system is stand alone the Motorway Detection and Automatic Signalling system which detects and Mrs Villiers: The Government support the development signs for congestion is not available for the temporary of the Civil Aviation Authority’s Future Airspace Strategy. message signs from Junction 6 to Junction 3. Airlines: Competition Mr Brine: To ask the Secretary of State for Transport whether he has any plans to bring forward legislative Malcolm Bruce: To ask the Secretary of State for proposals to vest the Civil Aviation Authority and Transport if he will include a passengers rights framework Office of Fair Trading with powers to enforce Article within the Economic Regulation of Airports Bill for the 23 of EC Regulation 1008/2008. [69521] 441W Written Answers6 SEPTEMBER 2011 Written Answers 442W

Mrs Villiers: We intend to introduce regulations to The M6 at Junction 9 has been identified as a ‘First that effect later this year. Until they are in place, the Priority Location’ and the Highways Agency aims to Civil Aviation Authority is able to use its enforcement complete its investigation into noise at this location by powers under the Consumer Protection from Unfair the end of 2011. This will identify any options for Trading Regulations 2008 to ensure greater transparency mitigating road traffic noise. Implementation will be in the sale of air fares. subject to available funding. Additionally, following the recent introduction of Aviation: Working Hours hard shoulder running at peak times on the M6 between Junctions 8 to 10a, the Highways Agency are monitoring Mike Weatherley: To ask the Secretary of State for noise levels across the length of the scheme, including Transport whether flight time limitations for pilots Junction 9, to compare with noise readings taken before were discussed at the EU Transport Council meeting of the scheme was introduced. The results of this separate 16 June 2011; and what the outcome was of any such study are anticipated to be available from March 2012. discussions. [69457] Maritime Labour Convention Mrs Villiers: The issue of flight time limitations was not discussed at the EU Transport Council meeting of 16 June 2011. Jim Fitzpatrick: To ask the Secretary of State for Transport what steps his Department is taking to High Speed 2 Railway Line implement the Maritime Labour Convention; and if he will make a statement. [69485]

Julie Hilling: To ask the Secretary of State for Transport Mike Penning: The UK is already largely compliant what recent discussions he has had with representatives with the requirements of the Convention. Discussions of business on plans to extend high speed services to the are ongoing, including with the trade unions and the North West. [69030] shipping industry, over the areas that will require amendments to current legislation to ensure full compliance. Mr Philip Hammond: I recently met with businesses The Convention cannot be implemented piecemeal. and business representatives in the North West when I spoke at the High Speed Rail summit hosted by the In line with our policy of ensuring that all possible Greater Manchester Chamber of Commerce on 25 July non-regulatory approaches have been explored and that 2011, about the Government’s proposals on High Speed there is a robust argument for the Government to 2. In addition, the Department regularly meets with legislate, full impact assessments are being prepared business representatives in the North West and across setting out the arguments for legislation and non-legislative the country, including Chambers of Commerce and approaches. Subject to a satisfactory conclusion, the Local Enterprise Partnerships, to discuss transport matters Government will then go to public consultation. including High Speed 2. Motor Vehicles: Testing Mr Spellar: To ask the Secretary of State for Transport what recent estimate he has made of the cost Mr Watson: To ask the Secretary of State for to the public purse of the assessment of HS2 in (a) Transport how many representations his Department 2011-12 and (b) 2012-13. [69767] has received on its plans to review the frequency of MOT testing since May 2010. [69769] Mr Philip Hammond: The information requested is as follows: Mike Penning: From May 2010 up to 16 August 2011, Funding allocated to planning and preparation for HS2, 2014-15 the Department for Transport received 311 representations £ million on its plans to review the frequency of MOT testing. Pre- These representations consisted of 242 letters from 2011-12 2011-12 2012-13 2013-14 2014-15 MPs, 47 letters from the general public, six ministerial meetings, one invitation and 15 parliamentary questions. Resource 21.3 116.1 163.3 89.4 204.2 spending Capital 3.1 50 50 50 50 Motorways: Ragwort spending Caroline Nokes: To ask the Secretary of State for M6: Noise Transport how many fines the Highways Agency has received for allowing ragwort to grow on highway Mr Watson: To ask the Secretary of State for Transport verges in the period since 2007. [69579] if he will ask the Highways Agency to commission a survey on the effect of road noise from Junction 9 of Mike Penning: The Highways Agency has not received the M6 motorway. [69768] any fines in respect of ragwort and takes this perennial problem very seriously. Areas of particular concern are Mike Penning: The Highways Agency is currently identified and efforts are targeted at infestations of the working with the Department for Environment, Food weed growing close to animal pasture. Herbicides are and Rural Affairs (DEFRA) who were tasked with used as a spot treatment throughout the year when the identifying ‘First Priority Locations’ of areas impacted plant is at the rosette stage and in full flower. by traffic noise, which are to be investigated as a matter The agency continues to monitor and treat known of priority. sites. 443W Written Answers6 SEPTEMBER 2011 Written Answers 444W

Northern Rail Steve Rotheram: To ask the Secretary of State for Transport for what reasons he has concluded that Belfast coastguard station should not close; and whether he Julie Hilling: To ask the Secretary of State for Transport was aware of these reasons prior to his Department’s whether his Department has retained funds from the consultation. [68488] revenue sharing arrangements made in relation to the Northern franchise; and for what purpose. [69486] Mike Penning: In response to the consultation I have Mrs Villiers: The Department for Transport has one considered the special circumstances that are associated budget line for Support for Passenger Rail services with the Belfast rescue centre as set out in the original which includes a combination of income and subsidy consultation, including the management of civil resilience payments arising from its franchise agreements with arrangements specific to Northern Ireland, the relationship each Train Operator Company, of which the Northern with rescue services in the Republic of Ireland, and its revenue-share arrangements is one element. The overall position as the only rescue centre within the devolved position in respect of TOC income/subsidy forms one Administration. part of the Department’s DEL within its SR settlement Consultees emphasised the need for a local presence and receipts from individual TOCs are not matched to ensure effective routine co-operation with the Northern against specific areas of departmental expenditure. Ireland Executive, local authorities and emergency services, and to ensure alignment of approaches to civil resilience, Railways: North West civil contingencies and operational arrangements. After careful consideration of all representations, the Government decided to retain a Maritime Rescue Sub Centre (MRSC) Simon Reevell: To ask the Secretary of State for in Belfast. Transport how much his Department spent on rail infrastructure in (a) the North West and (b) Yorkshire and the Humber in (i) 2006-07, (ii) 2007-08, (iii) 2008-09 Rolling Stock: Greater Manchester and (iv) 2009-10; and if he will make a statement. [69471] Julie Hilling: To ask the Secretary of State for Transport whether any of the rolling stock to be deployed to Mrs Villiers: The Secretary of State for Transport is alleviate overcrowded peak hour rail services into Greater not directly responsible for expenditure on rail infrastructure. Manchester will be new. [69042] This role is fulfilled by Network Rail whom the Department fund by way of a grant. Mrs Villiers: The Department is committed to the procurement of at least 36 new Electric Multiple carriages Simon Reevell: To ask the Secretary of State for for the Manchester-Scotland route. Transport what his most recent assessment is of progress in the development of the Northern Hub; and The procurement of these carriages is being led by if he will make a statement. [69545] London Midland, supported by TransPennine Express. The Department is currently negotiating with the two Mrs Villiers: In March 2011, the go-ahead was train operating companies on the commercial terms for announced for the construction of Ordsall Chord; the introducing such trains into service. first phase of the Northern Hub. Subject to achieving Assuming that commercial agreement can be reached the necessary planning consents, this scheme will be between all the parties, there should be an announcement completed by December 2016 allowing faster trains later this year. between Leeds and Manchester. Network Rail is undertaking further development work for the remaining phases and a decision will be made in July 2012 as part Thameslink Railway Line of the next High Level Output Specification on whether elements will be implemented during the period 2014 to 2019. Julie Hilling: To ask the Secretary of State for Transport whether the Thameslink programme is proceeding on Rescue Services (a) time and (b) budget. [69489]

Mrs Villiers: The Thameslink Programme is proceeding Steve Rotheram: To ask the Secretary of State for to time and within budget. Transport how much his Department spent on its consultation on the future of Liverpool, Holyhead and Belfast coastguard stations. [68449] Written Questions: Government Responses Mike Penning: The consultation on revised proposals to modernise Her Majesty’s Coastguard is due to complete Mr Jim Cunningham: To ask the Secretary of State on 6 October 2011 at which point responses will be for Transport when he plans to answer question 56686 considered and final decisions taken. The consultation tabled on 17 May 2011 for answer on 24 May 2011 covers all Maritime Rescue Coordination Centres within relating to biofuel exports. [68479] the HM Coastguard structure and takes a national view. It is not possible to apportion costs to individual Norman Baker: I refer the hon. Member to the answer stations in Liverpool, Holyhead and Belfast. given on 20 July 2011, Official Report, column 1092W. 445W Written Answers6 SEPTEMBER 2011 Written Answers 446W

FOREIGN AND COMMONWEALTH OFFICE discussed the transfer of Permanent Secretaries with the Chief Minister recently and that they have also Afghanistan: Police exchanged correspondence on the matter. I also understand that the Deputy Governor informed Priti Patel: To ask the Secretary of State for Foreign the Executive Council earlier this year that consideration and Commonwealth Affairs for what reason the was being given to the movement of Permanent Secretaries Council of Ministers amended decision 2010/279/ within the Public Service. I am therefore fully satisfied CFSP; what reasons were given for the increase in that the Deputy Governor met the requirement placed expenditure on EU police activity in Afghanistan; and on him under s.66 of the Anguilla Constitution to what estimate has been made of the expenditure consult the Chief Minister. required after July 2012. [69246] Bahrain: Politics and Government Mr Lidington: 2010/279/CFSP set out the EU Police Mission in Afghanistan’s tasks and objectives for the Jason McCartney: To ask the Secretary of State for three year period ending 31 May 2013 and provided a Foreign and Commonwealth Affairs what reports he budget of ¤54.6 million for the first year. The Council has received on the jamming of opposition television of Ministers decided on 23 May 2011 that this amount stations in Bahrain; and what representations his would be sufficient to cover a further two months of Department has made to the Government of Bahrain activity until 31 July 2011. on this matter. [69360] The amendment on 25 July 2011 (2011/473/CFSP) Alistair Burt: The television stations in Bahrain are was to provide the budget of ¤60.5 million for the state owned, and we are unaware of television stations period 1 August 2011 to 31 July 2012. The increase in belonging to opposition groups. However, there have expenditure was partly due to improved staffing levels, been reports from the main opposition group (Al-Wefaq) but also due to increased security costs. The Government stating that the authorities in Bahrain have blocked an have provided detailed information on this new budget internet-based live broadcasting medium used by them. to Parliament in the Explanatory Memorandum provided to the European Scrutiny Committee and the House of We continue to call on the Government of Bahrain to Lords EU Select Committee. Their analysis can be guarantee its citizens the universal human rights and found at freedoms to which they are entitled, meet all its human http://www.publications.parliament.uk/pa/cm201012/ rights obligations and uphold political freedoms, equal cmselect/cmeuleg/428-xxxiv/42818.htm access to justice and the rule of law. The Government and the security forces must respect the civil rights of No estimates have yet been made of the budget after peaceful protestors, the right to freedom of expression July 2012. We are working to ensure it represents value and freedom of assembly. for money while still allowing the Mission to deliver its objectives and operate effectively in a challenging Bosnia and Herzegovina: Politics and Government environment. Karen Lumley: To ask the Secretary of State for Anguilla: Public Appointments Foreign and Commonwealth Affairs what plans his Department has to strengthen relations with Bosnia Emma Reynolds: To ask the Secretary of State for Herzegovina; and what steps he plans to take to assist in Foreign and Commonwealth Affairs what criteria were (a) maintaining an international presence in support of used by the Deputy Governor to Anguilla in appointing the Dayton peace accords and (b) guaranteeing the the permanent secretaries of Anguillan Government country’s territorial integrity. [69371] Departments. [69388] Mr Lidington: The UK maintains a close and active Mr Bellingham: I refer the hon. Member to the answer bilateral relationship with Bosnia and Herzegovina given by the Minister of State, my noble Friend the (BiH). In July, the Secretary of State for Foreign and right hon. Lord Howell of Guildford, to the noble Lord Commonwealth Affairs, my right hon. Friend the Member Jones of Cheltenham on 11 August 2011, Official Report, for Richmond (Yorks) (Mr Hague), met with BiH Foreign House of Lords, column WA454. Minister Sven Alkalaj in London, underlined the UK’s commitment to a strong and constructive bilateral Emma Reynolds: To ask the Secretary of State for relationship with BiH. In June, I visited BiH, meeting Foreign and Commonwealth Affairs what discussions government, parliament, the Office of the High the Deputy Governor to Anguilla had with the Chief Representative (OHR) and civil society representatives. Minister concerning the appointment of permanent On 11 July, Baroness Warsi represented the UK secretaries of Anguillan Government Departments. Government at the commemoration of the 16th anniversary [69389] of the genocide in Srebrenica and had a wider programme of meetings. Our bilateral relationship with BiH ranges Mr Bellingham: Responsibility for ensuring that the across a variety of issues, for example the UK has Anguilla Public Service is appropriately staffed and run worked closely with BiH during its two years as a has been delegated by the Governor to the Deputy non-permanent member of the UN Security Council Governor, who is the most senior member of the Anguillan (2010-11). Public Service. The UK is actively committed to BiH as a sovereign, While the British Government have no direct stable country with functioning state-level institutions, responsibility for making appointments within the Anguilla irreversibly on path to EU and NATO. We urge progress Public Service, I understand that the Deputy Governor towards the formation of a State-level government. We 447W Written Answers6 SEPTEMBER 2011 Written Answers 448W are fully committed to the territorial integrity of BiH are firmly committed to BiH as a sovereign, stable and have repeatedly made clear that challenges to the country with functioning state-level institutions, irreversibly structure of the state established by the Dayton Peace on the path to EU and NATO membership. We are Agreement are unacceptable. engaging actively to this end and continue to urge The UK Government fully and strongly supports the political leaders to form quickly a broad-based and OHR in its efforts to improve the functionality of the representative government, capable of undertaking reforms. state and to deal promptly and decisively with challenges China: Human Rights to the Dayton Agreement. The UK has consistently argued for strong international support for the High Representative, and to uphold the ‘5+2’ objectives and Mr Douglas Alexander: To ask the Secretary of State conditions necessary for the OHR’s closure. We have for Foreign and Commonwealth Affairs on what recent also worked to help reinvigorate the EU’s strategy occasions he has raised human rights with his Chinese towards, and presence in, BiH, while maintaining the counterpart; and what areas of human rights policy safeguards provided by the High Representative and the were raised. [69538] EU Peacekeeping mission, EUFOR Althea. We welcome the new EU Special Representative assuming his mandate Mr Hague: I spoke to Foreign Secretary Yang on in September, as a means of strengthening EU engagement 3 June. I urged him to agree the dates for the next round with BiH, working with the range of international of the UK-China Human Rights Dialogue during the actors. UK-China Summit on 27 June. At the Summit we The international community can however only do so agreed to hold the next round of the Dialogue before much: the onus must be on Bosnian politicians to act 23 January 2012 (Chinese New Year). responsibly and in the interests of the Bosnian people. The Minister of State, Foreign and Commonwealth We continue to give this clear and unequivocal message Office, my hon. Friend the Member for Taunton Deane in country. (Mr Browne) and I also raised human rights when we met Vice-Foreign Minister Fu Ying on 10 May. We Karen Lumley: To ask the Secretary of State for discussed our concerns about individual cases, including Foreign and Commonwealth Affairs what recent that of Ai Weiwei. assessment he has made of the political situation in Bosnia following the decision by the Republica Srpska Mr Douglas Alexander: To ask the Secretary of State leadership on a referendum on the competencies of the for Foreign and Commonwealth Affairs what recent judicial institutions and certain powers bestowed on discussions he has had with his (a) US and (b) EU the EU High Representative. [69375] counterparts on human rights in China. [69543]

Mr Lidington: The political situation in Bosnia and Mr Hague: I am in regular contact with both my US Herzegovina (BiH) is of serious concern. A new state-level and EU counterparts on international human rights Government have still not been formed following elections issues, including discussions on specific countries of in October 2010. There has been a failure to deliver concern, such as China. EU Foreign Ministers frequently important reforms which are necessary for progress discuss our specific concerns in EU fora. towards the EU and which would improve the functionality of the Bosnian state. Colombia: Human Rights On 13 April 2011 the RS National Assembly (RSNA) passed Conclusions calling a referendum on the authority Mr Douglas Alexander: To ask the Secretary of State of state-level judicial institutions, and rejecting the authority for Foreign and Commonwealth Affairs what human and past decisions of the High Representative in BiH. rights issues he raised in his recent meeting with the This was a serious development. The UK made clear Foreign Minister of Colombia. [69544] that Conclusions represented a serious challenge to the Dayton Agreement and the rule of law in BiH and Mr Hague: I met the Colombian Foreign Minister condemned the move. Maria Angela Holguin on 13 July.We discussed Colombia’s We welcomed the firm response from the international new Land and Victims Law and processes to ensure its community, including the Peace Implementation Council proper implementation, including the need for adequate (PIC) and EU. We also welcomed active EU engagement, protection for all people returning to their land. I including by EU High Representative Baroness Ashton offered Her Majesty’s Government’s expertise and guidance which led to RS President Dodik pledging to repeal in land registration and related issues to assist the referendum legislation, in a return for a dialogue on implementation of the law. judicial issues. This dialogue was in fact already allowed I welcomed progress made and stressed the importance for as part of the EU accession process. We noted the of continued work in areas such as protection of human annulment of the referendum decision on 1 June. We rights defenders and impurity. We will continue to work welcomed the PIC Steering Board of 29 June reiterating with Colombia to tackle these challenges including by that the 13 April Conclusions do not discharge the supporting their international human rights conference requirement of the RS authorities to meet their obligations next year. under Dayton. We urge participants in the EU dialogue to engage constructively, but recall that this is a technical Council of Europe: Costs dialogue aimed at accession standards, not a political forum. Chris Heaton-Harris: To ask the Secretary of State The UK’s support for the Office of the High for Foreign and Commonwealth Affairs what the cost Representative in upholding the Dayton Agreement to the UK of the common costs of the Council of will continue to be firm and unwavering. The Government Europe have been in each year since 2003; what 449W Written Answers6 SEPTEMBER 2011 Written Answers 450W proportion of the common costs of the Council of Democratic Republic of Congo: Elections Europe the UK paid in each such year; and what the cost to the public purse in pounds sterling was of the Jeremy Corbyn: To ask the Secretary of State for UK’s representation in the (a) Committee of Ministers Foreign and Commonwealth Affairs what plans he has and (b) Parliamentary Assembly of the Council of to offer (a) assistance and (b) monitoring for the Europe in each such year. [68626] forthcoming election in Democratic Republic of Congo; and if he will make a statement. [69083] Mr Lidington: The following table shows the totals of the Council of Europe (CoE) Ordinary Budget between Mr Bellingham: The British Government, through 2003 and 2010, the contribution made by the UK, and Department for International Development, is offering the proportion of the total paid by the UK. significant assistance to the Democratic Republic of The office of the UK Delegation to the CoE is Congo elections, aimed primarily at ensuring that everyone responsible for, among other things, representing the has the right to vote, and encouraging as wide a participation UK at regular meetings of the Committee of Ministers. as possible. Its running costs by financial year are shown in the We are also supporting critical logistics assistance table. Figures before 2004 are not available. from MONUSCO, the UN peacekeeping force, to which Cost of UK Delegation to the Council of Europe the UK contributes through UN assessed contributions. Financial year £ Sterling The EU plans to deploy an election observation 2004-05 985,668 mission for a period of three and a half months, from the end of September 2011 until mid-January 2012. We 2005-06 773,530 will also stay in close contact with other Congolese and 2006-07 863,551 international election observers, including the Carter 2007-08 578,337 Centre. 2008-09 843,271 2009-10 727,190 These elections can help embed a democratic tradition in Congo, and mark an important milestone on the 2010-11 565,229 road to lasting peace and prosperity. National delegations to the Parliamentary Assembly of the Council of Europe (PACE) are politically Departmental Procurement independent and do not represent national governments. PACE activities and running costs are funded from the Owen Smith: To ask the Secretary of State for Foreign Council of Europe’s Ordinary Budget, and Parliament and Commonwealth Affairs what methodology (a) his pays for the expenses of the UK delegation to PACE. Department and (b) the non-departmental public bodies The following table shows the UK’s contribution to the for which he is responsible used to estimate savings to PACE allocation from the Ordinary Budget. the public purse made in respect of its procurement and purchasing since May 2010. [69264] UK contribution to PACE’s allocation from the Ordinary Budge Euros Mr Lidington: The Foreign and Commonwealth Office 2003 1,663,966 (FCO) methodology follows the efficiency measures as 2004 1,729,629 defined by the Cabinet Office which drive savings in 2005 1,787,644 procurement, major projects and estates. In August 2006 1,825,013 2011 the Cabinet Office announced £3.75 billion savings 2007 1,825,891 over 2010-11 supported by methodologies which include 2008 1,785,771 the following initiatives: 2009 1,760,947 Consulting: a moratorium is in place and savings are calculated 2010 1,753,434 from differences between 2009-10 and 2010-11 departmental reported spend. Crown Commercial Representatives (major cross-Government Cyprus suppliers): savings have been agreed with individual suppliers via Memoranda of Understanding. Andrew Rosindell: To ask the Secretary of State for Contingent labour: savings are calculated from the differences Foreign and Commonwealth Affairs how may officials between 2009-10 and 2010-11 departmental reported spend. of his Department are stationed in the sovereign The FCO calculates its savings according to a territories of Akrotiri and Dhekelia. [68866] methodology defined for each initiative, either in accordance with the Cabinet Office methodology where available or Mr Lidington: The Sovereign Base Areas are military to an equivalent methodology where the category is bases on the island of Cyprus and are administered by specific to the FCO. Equivalent pricing in 2009-10 is the Ministry of Defence. The Foreign and Commonwealth usually taken as the baseline. Non-departmental public Office has no officials stationed in Akrotiri or Dhekelia. bodies are requested to follow the same procedures.

Andrew Rosindell: To ask the Secretary of State for Departmental Work Experience Foreign and Commonwealth Affairs whether he has any plans to commission an official standard for the Bridget Phillipson: To ask the Secretary of State for sovereign territories of Akrotiri and Dhekelia. [68867] Foreign and Commonwealth Affairs how many (a) persons undertaking unpaid work experience, (b) unpaid Mr Lidington: I refer my hon. Friend to my response interns and (c) other persons in unpaid positions were of 5 May 2011, Official Report, column 878W. working in his Department as of 1 July 2011. [69513] 451W Written Answers6 SEPTEMBER 2011 Written Answers 452W

Mr Bellingham: Records indicate that as of 1 July, (2) which overseas posts provided evidence considered there were no people working in unpaid positions, as by his Department’s review of export control policy; unpaid interns, or doing unpaid work experience in the [69539] Foreign and Commonwealth Office (FCO). There were, (3) which (a) officials and (b) Ministers in his however, 33 people working on paid intern schemes, Department were involved in his Department’s recent which we use to encourage participants to consider the review of export control policy. [69540] FCO as a career. EU Common Foreign and Security Policy Mr Hague: On 16 March 2011, I announced that the Foreign and Commonwealth Office (FCO) would undertake Zac Goldsmith: To ask the Secretary of State for a thorough review of the UK’s policy and practice with Foreign and Commonwealth Affairs what agreements regard to the export of equipment that might be used on climate change and security were made at the EU for internal repression, in particular crowd control goods, Foreign Affairs Council on 18 July 2011. [69381] in light of events in the Middle East and North Africa. All relevant FCO officials and Ministers were involved Mr Bellingham: The EU Foreign Affairs Council in the review, which considered evidence supplied by adopted Conclusions that acknowledged the security relevant cross-Whitehall and FCO departments. The implications and threat to stability posed by climate Review also considered evidence supplied by our Posts change, on 18 July. These Conclusions recognised that in the following countries; Algeria, Bahrain, Egypt, climate change acts as a threat multiplier exacerbating Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Libya, tensions over land, water, food and energy prices, and Morocco, Oman, Qatar, Saudi Arabia, Syria, Tunisia, contributes to migratory pressures and desertification. the United Arab Emirates and Yemen. The Council recognised the need to build on work already undertaken on climate change and international Mr Douglas Alexander: To ask the Secretary of State security and agreed the EU will continue to raise global for Foreign and Commonwealth Affairs if he will place awareness of the security risks to, and threat multiplier in the Library copies of (a) minutes, (b) evidence and nature of, climate change. The Council also agreed on (c) reports prepared as part of his Department’s recent the need to drive forward the global debate on climate review of export control policy. [69541] change and international security and welcomed the increasing attention of the UN Security Council on the Mr Hague: This was an internal Foreign and security aspects of climate change. The Council called Commonwealth Office review and will not be published. for increased effort from all relevant EU actors to address climate change at all political levels; agreed that Goran Hadzic climate change and international security should be a strand for action for EU climate diplomacy, and that the Council would review progress at a future Foreign Rushanara Ali: To ask the Secretary of State for Affairs Council. Foreign and Commonwealth Affairs what recent This discussion and adoption of Conclusions represents representations he has made to his Serbian counterpart clear agreement that, as the UK National Security on the extradition of Goran Hadzic to the International Strategy 2010 made clear, climate change is a foreign Criminal Court; and if he will make a statement. [68689] policy and security challenge. Mr Lidington: Goran Hadzic, the last remaining indictee European Union sought by the International Criminal Tribunal for former Yugoslavia (ICTY), was arrested by the Serbian authorities Philip Davies: To ask the Secretary of State for Foreign on 20 July 2011 and transferred to the ICTY in The and Commonwealth Affairs what recent discussions his Hague on 22 July 2011. The Secretary of State for Department has had with representatives of the European Foreign and Commonwealth Affairs, my right hon. Court of Justice on breaches of the provisions of the Friend the Member for Richmond (Yorks) (Mr Hague), former Article 227 of the treaty establishing the European in a statement on 20 July, welcomed the arrest as a Community. [69737] historic moment for international justice and for the victims of war crimes during the Balkan conflicts of the Mr Lidington: There have been no bilateral discussions 1990s. He expressed his hope that the arrest will mark between the UK and the Court on the operation of the closing of a horrific and traumatic chapter for the Article 227 EC (now Article 259 Treaty on the Functioning people of the region. The Foreign Secretary also of the European Union). congratulated the Serbian authorities and called for The UK agents to the Court participate in periodic continued co-operation with the ICTY in supporting meetings between the member state agents to the Court existing and future trials. The Government will continue and the Court, where a broad range of issues relating to to give firm support to the ICTY and the vital role it the operation and work load of the Court may be plays in upholding international justice. discussed, including matters such as the procedures applicable to cases under Article 259 TfEU. India: Terrorism Export Controls Mr Douglas Alexander: To ask the Secretary of State Mr Douglas Alexander: To ask the Secretary of State for Foreign and Commonwealth Affairs what discussions for Foreign and Commonwealth Affairs (1) what he has had with the government of India on the recent evidence his Department’s recent review of export bombings in Mumbai; and if he will make a statement. control policy considered; [69537] [69542] 453W Written Answers6 SEPTEMBER 2011 Written Answers 454W

Mr Hague: In my statement of 13 July, I said that the of constituents in the United Arab Emirates who have bomb attacks in Mumbai were deplorable acts of terrorism. requested assistance from the hon. Member in respect Senior members of Her Majesty’s Government spoke of arrest or imprisonment in that country in each of to their counterparts after the attacks to pass condolences the last five years. [69215] and offer support on behalf of the UK. The UK is committed to working with the Indian Government and Alistair Burt: This information is available only at other international partners to combat the threat from a disproportionate cost. However, Foreign and terrorism in all its forms. Commonwealth Office Ministers and our Consular Directorate in London are very happy to be contacted Libya: Overseas Students by hon. Members in relation to constituents or family members of constituents detained overseas. Jonathan Ashworth: To ask the Secretary of State for Foreign and Commonwealth Affairs what estimate he Sadiq Khan: To ask the Secretary of State for Foreign has made of the number of Libyan national students and Commonwealth Affairs how many UK citizens sponsored by the Libyan Government who were died (a) in police custody and (b) while serving a studying in (a) Leicester City local authority area and prison sentence in the United Arab Emirates in each of (b) Leicester South constituency in academic year the last five years. [69216] 2010-11. [69436] Alistair Burt: The Foreign and Commonwealth Office Alistair Burt: Information relating to the time period and our missions in the United Arab Emirates (UAE) requested is currently not available. However, the 2010-11 are aware of one British national who has died in police statistics for higher education will be published by the custody. We are not aware of any British nationals who Higher Education Statistics Agency in January 2012, have died while serving a prison sentence in the UAE in but these will cover students only in higher education, the last five years. and not those in further or secondary education. Sadiq Khan: To ask the Secretary of State for Foreign United Arab Emirates: British Nationals Abroad and Commonwealth Affairs on how many occasions UK citizens have successfully appealed against a conviction in the United Arab Emirates in each of the last five Sadiq Khan: To ask the Secretary of State for Foreign years; and in how many such cases the successful appeal and Commonwealth Affairs on how many occasions followed intervention by his Department. [69217] Ministers in his Department have directly contacted the government of the United Arab Emirates to express Alistair Burt: This information is available only at concern over the treatment of UK citizens under arrest disproportionate cost. However, appealing a sentence is or imprisonment in that country in each of the last five for an individual’s lawyers to do. We are prevented by years. [69213] international law from interfering or intervening in the legal procedures of an independent state. The British Alistair Burt: This information is available only at a legal system is similarly protected. disproportionate cost. However, the Foreign and Commonwealth Office takes all allegations of mistreatment Sadiq Khan: To ask the Secretary of State for Foreign very seriously, and with the permission of the British and Commonwealth Affairs on how many occasions national involved will raise these with the relevant local his Department has intervened in court cases involving authorities. I meet my United Arab Emirates (UAE) UK citizens in the United Arab Emirates because of counterpart on a quarterly basis at the UK-UAE task concerns over due process in each of the last five years. force and this is one opportunity to raise such cases. [69218] Our embassy would also forward the allegations of mistreatment and ask for a full, prompt and impartial Alistair Burt: The Foreign and Commonwealth Office investigation to be conducted. is unable to intervene in the legal procedures of an independent state. The British legal system is similarly Sadiq Khan: To ask the Secretary of State for Foreign protected. However, we do make representations to the and Commonwealth Affairs how many meetings authorities of another state where we judge there has Ministers in his Department had with an hon. Member been an significant delay in process, and we can consider who has contacted them regarding constituents or making representations should a lawyer of an individual family members of constituents who have been arrested feel that they are being prevented by the authorities or imprisoned in the United Arab Emirates in each of from acting on behalf of their client or the legal procedures the last five years. [69214] are being conducted in such a way that breaches local law. Alistair Burt: This information is available only at a disproportionate cost. However, Foreign and Sadiq Khan: To ask the Secretary of State for Foreign Commonwealth Office (FCO) Ministers and our Consular and Commonwealth Affairs on how many occasions Directorate in London are very happy to meet with his Department has been contacted by UK citizens or families to talk about relatives in detention and services their families for assistance after they have been that the FCO can and cannot provide. arrested in the United Arab Emirates in each of the last five years. [69219] Sadiq Khan: To ask the Secretary of State for Foreign and Commonwealth Affairs on how many occasions a Alistair Burt: This information is not centrally held Minister in his Department was contacted by an hon. and is available only at disproportionate cost. Given the Member in relation to constituents or family members numbers of prisoners, and their often long-running 455W Written Answers6 SEPTEMBER 2011 Written Answers 456W cases, we estimate that the occasions that families have United Nations: Finance contacted the Foreign and Commonwealth Office and the embassies for assistance would run into the thousands. Mr Amess: To ask the Secretary of State for Foreign and Commonwealth Affairs how much funding his Sadiq Khan: To ask the Secretary of State for Foreign Department plans to allocate to each agency of the and Commonwealth Affairs how many British citizens United Nations in each of the next three years; and if have been arrested in the United Arab Emirates in each he will make a statement. [69832] of the last five years. [69220] Mr Bellingham: The Foreign and Commonwealth Alistair Burt: The Foreign and Commonwealth Office Office (FCO) does not pay the regular budget (subscription (FCO) and our embassies in the United Arab Emirates costs) of the UN’s specialised agencies. These costs are (UAE) will be aware of British nationals who have been paid by the UK Government Department leading on detained in the UAE in each of the last five years only if the respective policy areas of the specialised agencies. the individual chooses to inform us. The number of FCO programme funds may in theory be used to deliver British nationals detained in each of the last five years, projects through UN specialised agencies in the next of which the FCO is aware, are as follows: three financial years. However, this will depend on competing bids in the period. Number

2007 150 Mr Amess: To ask the Secretary of State for Foreign 2008 279 and Commonwealth Affairs how much funding his 2009 266 Department allocated to the United Nations in each 2010 241 year since 2000; how much he plans to allocate in each 20111 122 of the next three years; and if he will make a statement. 1 To date. [69848]

Sadiq Khan: To ask the Secretary of State for Foreign Mr Bellingham: The Foreign and Commonwealth and Commonwealth Affairs how many UK citizens are Office (FCO) pays the UK contribution to the United imprisoned in the United Arab Emirates (a) after Nations regular budget, which covers the running costs conviction and (b) awaiting trial. [69643] of the UN headquarters/secretariats and some of their core activities. The UK is billed in US dollars and since Alistair Burt: The Foreign and Commonwealth Office 2000 has contributed a total of US$1,123,679,857. The (FCO) are aware of 35 British nationals who are currently breakdown is as follows: serving a sentence in the United Arab Emirates (UAE), The FCO is also aware of 14 British nationals who are $ at the pre-trial stage and 124 British nationals who are on bail in the UAE. Supporting British nationals in 2000 53,562,152 difficulty around the world is a vital part of the work of 2001 57,588,929 the FCO. This support is explained in our publication 2002 61,951,540 ‘Support for British nationals abroad: A guide’. 2003 74,742, 944 2004 87, 985,732 Sadiq Khan: To ask the Secretary of State for Foreign 2005 109,030,513 and Commonwealth Affairs what information he holds 2006 104,563,268 on (a) the type of offences for which UK citizens are 2007 132,890,130 serving a prison sentence in the United Arab Emirates 2008 121,483,273 and (b) the number held for each such offence, 2009 161,820,119 including specifying how many are imprisoned against 2010 139,648,230 each offence. [69647] 2011 155, 107,511

Alistair Burt: The Foreign and Commonwealth Office Since 2000 the FCO has also funded a number of will be aware of British nationals that are detained in small projects with UN involvement. However aggregation the United Arab Emirates (UAE) only if they have of the data would involve disproportionate costs. contacted one of the British embassies for assistance. The UN regular budget is negotiated biennially, with The types of offences that British nationals are serving the next negotiation taking place this autumn for the a prison sentence for, and the number of individuals budget period 2012-13. Furthermore the UK’s share of held for such offences, this year so far (as at 23 August contributions to that budget is subject to periodic changes 2011) are as follows: according to the Scales of Assessment, rating countries’ Financial charges (including bounced cheques, money laundering, capacity to pay. Therefore it is not possible to project fraud, counterfeit etc.): 21 precisely what the UK will pay over the next three years. Drug and alcohol related charges (including possession and trafficking): nine Venezuela: Human Rights Murder/manslaughter/assault: four Immigration offences/false documents: three Mr Bain: To ask the Secretary of State for Foreign Burglary/trespassing: four and Commonwealth Affairs what representations his Breach of trust: two. Department has made to the government of Venezuela Please note that some of the British nationals detained on (a) human rights and (b) compliance with international may be charged with more than one offence. law. [69552] 457W Written Answers6 SEPTEMBER 2011 Written Answers 458W

Mr Jeremy Browne: We regularly discuss human rights Chris Grayling: All Work programme providers issues with the Government of Venezuela, both bilaterally performed well in getting the new service up and running and through the European Union (EU). In the last year, in every area on time. we have worked with the Venezuelan Government and It will be some time yet before it is possible to assess Venezuelan civil society on areas of mutual interest the performance of the Work programme in getting such as police reform and good governance. Venezuela people back to work. The programme just started in is due to be the subject of a Universal Periodic Review June 2011, it lasts two years for each individual and, as of its human rights record at the UN Human Rights providers only receive job outcome payments once a Council in October. Venezuela has ratified the main participant has been in employment and off benefit for international human rights treaties and we monitor its up to 26 weeks, it will be 2012 before job outcomes start compliance with them, as with all countries. to be recorded in substantial numbers. The Department is working to guidelines set by the UK Statistics Authority to ensure we are able to publish WORK AND PENSIONS statistics that meet the required high quality standards at the earliest opportunity. We intend to publish national Absent Parents statistics on referrals to the Work programme from spring 2012 and on job outcomes from autumn 2012. Kate Green: To ask the Secretary of State for Work As participation lasts for two years, we expect to see and Pensions what definition he uses of therapeutic substantial indications of the success of the Work justice style of approach in respect of the voluntary programme from spring 2013. A full independent evaluation arrangements with non-resident parents; and if he will has been commissioned for that year and I look forward place in the Library the evidence on the effectiveness of to sharing the results with the House in due course. We a therapeutic justice style of approach. [68435] will closely monitor the effectiveness of the programme in the interim. Maria Miller: I outlined within the Work and Pension Select Committee on 15 June that therapeutic justice, as Access to Work Programme: Visual Impairment defined by the Centre for Separated Families, may play an important part of how we manage people through Mr Lammy: To ask the Secretary of State for Work family breakdowns to successful outcomes for their and Pensions what measures his Department has put in children. The definition we are using is: place to enable deafblind people to receive specialist ‘Therapeutic Justice in the sense of Child Maintenance is support to access the labour market. [69415] defined as transforming behaviour by using joined up support to help parents who are struggling with the emotional impacts of separation to come to shared agreements’ Chris Grayling: New measures introduced in April 2011 allow Jobcentre Plus to offer more flexible support The Government are working with leading organisations to deaf/blind people, ensuring provision is tailored to to establish a coherent way in which parents can be personal and local labour market needs. signposted to the most appropriate support using a “therapeutic justice”style of approach—supporting parents This includes advice and support about maintaining to work through emotional issues so they can deal with well-being and managing health in preparation for a more practical issues. We are enlisting the input of a return to work Steering Group made up of academics and leading A flexible support fund has been created from a organisations from the voluntary and community sector. number of discretionary adviser funds and programmes The Steering Group will assist in building a robust targeted towards overcoming barriers to employment, evidence base about what support can help different which district managers can use to offer additional families and examine whether therapeutic justice would support according to local need. be an appropriate approach. The Work programme is a cross benefit programme Access to Work Programme that ensures providers are free to innovate and design support that addresses the needs of individuals. Work programme providers are paid more to support harder Richard Fuller: To ask the Secretary of State for to help groups into sustained employment, including Work and Pensions whether his Department plans to those claiming employment support allowance. enable Work programme providers to provide professional In addition, disabled people may be able to access a qualifications. [69332] range of specialist employment provision including: Chris Grayling: Work programme providers have the Work Choice which provides tailored support to help disabled flexibility to design personalised approaches to help people who face the most complex barriers to employment, people back to work. If providers consider that a find and stay in work; professional qualification is the most appropriate route Access to Work which provides practical support to disabled people and their employers to help them overcome work back to work for an individual, and they have the related obstacles resulting from disability; funding, then the Work programme is flexible enough to allow this. Remploy Employment Services which delivers employment support for disabled people, including through the Work Choice programme and Remploy Enterprise Businesses—a network Richard Fuller: To ask the Secretary of State for of 54 factories across the UK, providing supported employment Work and Pensions what recent assessment he has made to disabled people; of the performance of Work programme providers in Residential Training, which is delivered through nine Residential (a) Bedford constituency, (b) the East and (c) the UK. Training Colleges, providing vocational training to unemployed [69333] disabled adults. 459W Written Answers6 SEPTEMBER 2011 Written Answers 460W

Jobcentre Plus disability employment advisers offer or via a Work programme provider where a person help with finding and retaining employment. Where volunteers for, or is required to join, this new scheme. A appropriate, they can refer individuals to specialist diagnosis of every individual’s circumstances is performed programmes that help disabled people move into paid to establish a tailor-made package of support or training work, including Residential Training and Work Choice. that will best help that person to secure work. They may also use the professional expertise of Work Assistance available from Jobcentre Plus includes the Psychologists specialising in working with disabled people “Get Britain Working” measures and locally arranged if required. They can advocate with employers on the provision as agreed by the Jobcentre Plus District manager individual’s behalf and help employers to explore job to reflect the local labour market. solutions such as the restructuring of a job’s tasks or the environment, or the provision of, or change to Specialist help is also available via disability employment equipment. advisers (DEAs) who can refer individuals to specialist programmes, including Residential Training and Work Choice. They may also use the professional expertise of Mr Lammy: To ask the Secretary of State for Work work psychologists specialising in working with disabled and Pensions if he will review the provision of specialist people if required. They can advocate with employers support services for deafblind people through the Access on the individual’s behalf and help employers to explore to Work programme. [69416] job solutions such as the restructuring of a job’s tasks or the environment, or the provision of, or change to Chris Grayling: Access to Work is a pan disability equipment. They can also signpost customers to the programme. While there are no plans to specifically Access to Work service. review how Access to Work support for the deafblind is delivered the Department is currently considering how Children: Maintenance to update the range of support it provides for disabled people in the light of the Sayce review recommendations John Mann: To ask the Secretary of State for Work and subsequent consultation. and Pensions what assessment he has made of the use of exemptions of overseas earnings from payments to Mr Lammy: To ask the Secretary of State for Work the Child Support Agency for fathers employed by (a) and Pensions what incentives are in place to encourage overseas companies, (b) offshore companies and (c) Work programme providers to support people with shipping and other sea-based companies. [69261] combined hearing and sight loss into sustained employment. [69417] Maria Miller: The Child Maintenance and Enforcement Commission is responsible for the child maintenance Chris Grayling: The Work programme is designed to system. I have asked the Child Maintenance Commissioner give providers the flexibility to design personalised to write to the hon. Member with the information approaches to help each individual participant back to requested and I have seen the response. work. Letter from Noel Shanahan: Providers delivering the Work programme have been In reply to your recent Parliamentary Question about the chosen, among other reasons, for their ability to deliver Child Support Agency, the Secretary of State promised a substantive specialist support to people who have longer term barriers reply from the Child Maintenance Commissioner as the Child to work, including physical barriers such as hearing and Support Agency is now the responsibility of the Child Maintenance sight loss. They will be predominantly paid by results, and Enforcement Commission. for helping people into sustained jobs and with higher You asked the Secretary of State for Work and Pensions, what payments for the hardest to help. This incentive ensures assessment he has made of the. use of exemptions of overseas it is in providers’ financial interests to help all individuals earnings from payments to the Child Support Agency for fathers employed by (a) overseas companies, (b) offshore companies and overcome their personal challenges. (c) shipping and other sea-based companies. [69261] We recognise there will be some for whom the Work The Child Maintenance and Enforcement Commission (the programme is not appropriate. The Government are Commission) has jurisdiction, i.e. legal authority, to make a committed to supporting severely disabled people and maintenance calculation and collect child support maintenance so the Work Choice programme provides more intensive only when the parent with care, the non-resident parent and the support for disabled people with more complex barriers qualifying child are all habitually resident in the United Kingdom to finding and staying in employment. (UK). Habitual residence is a legal concept which means more than simply ’where you live’. A person can habitually reside in more than one country or in none. Habitual residence can continue Mr Lammy: To ask the Secretary of State for Work during an absence from UK. and Pensions what employment support his Department Under the current child maintenance scheme, which deals with provides to deafblind people placed in the work-related cases opened since March 2003, if the non-resident parent works activity group who will not be fit for work within three for a company based overseas, it is not possible for earnings on months. [69418] which UK tax has not been paid to be taken into account within the maintenance calculation. This is because such earnings do not Chris Grayling: Jobcentre Plus advisers offer back-to- align with the statutory definition of net weekly earnings upon which the calculation is based. The Commission continues to work support for all people claiming employment and have jurisdiction over any additional income earned and taxed in support allowance, whether they are placed in the support Great Britain. Any arrears that were built up while the non-resident group or the work related activity group (WRAG). parent was earning in Great Britain would continue to be enforceable Those in the support group can access this help voluntarily; if the non-resident parent subsequently became entirely dependent most of those in the WRAG are expected to take steps on income from overseas. to prepare themselves for a return to work. This support The Commission has reviewed child maintenance cases under is available from the individual’s Jobcentre Plus adviser the 2003 child maintenance scheme where the Commission determines 461W Written Answers6 SEPTEMBER 2011 Written Answers 462W a non-resident parent has no assessable income and is presently in Steve Webb: The forecast number of council tax the process of proposing regulatory changes which will resolve benefit claimants in England from 2011-12 to 2015-16 is this anomaly to some degree. in the table. Forecasts are not produced at local authority The Commission has just launched an external consultation level. with stakeholders on these regulatory changes; one of which will include a new measure that would allow the Commission to take 2011-12 2012-13 2013-14 2014-15 2015-16 into account the UK taxable earnings of all non-resident parents (including those that work offshore and seafarers) that are habitually Council Tax 4,908 4,818 4,684 4,575 4,501 resident in the UK, even if they are paid abroad. This will reduce Benefit the number of cases where the Commission is required to make a claimants in nil-assessment. The Consultation commenced on the 26 July and England will end on 26 October 2011. You can obtain a copy of the (thousand) consultation at the following link: Source: http://www.childmaintenance.org/en/pdf/CSMA- Budget 2011 forecasts. Consultation-May-2011.pdf Forecasts are for the numbers of people who are We are also aware that there might -be a small proportion of receiving council tax benefit at a point in time. There non-resident parents, who although habitually resident in the UK are no forecasts of numbers eligible, or numbers who for child maintenance purposes are non-resident for UK tax make a claim. The most recent estimate of council tax purposes; and as such will continue to be nil-assessed. We are benefit take-up for Great Britain can be found at: presently reviewing this matter to establish how best to handle such cases. http://research.dwp.gov.uk/asd/income_analysis/jun_2010/ 0809_Summary.pdf Finally, I should also add that recent EU legislation which came into effect in June 2011 allows the Commission to recover Forecasts assume the current structure of council tax arrears of maintenance which have arisen in a case within the benefit remains in place throughout the period shown. statutory maintenance schemes from non-resident parents who live within the EU. Crisis Loans I hope you find this answer helpful. Philip Davies: To ask the Secretary of State for Work and Pensions how many people have received crisis John Mann: To ask the Secretary of State for Work loans in each of the last three years; what the total and Pensions how many mothers were refused monetary value was of such loans; and how much his payments from the Child Support Agency as a result of Department has written off in respect of such loans. the father receiving his earnings overseas in the latest [69739] period for which figures are available. [69262] Steve Webb: The information is as follows: Maria Miller: The Child Maintenance and Enforcement Commission is responsible for the child maintenance Number of Amount awarded Amount written system. I have asked the Child Maintenance Commissioner awards (£) off (£) to write to the hon. Member with the information 2008-09 1,964,700 167,011,300 582,000 requested and I have seen the response. 2009-10 2,696,800 228,845,800 545,000 Letter from Noel Shanahan: 2010-11 2,657,100 228,344,100 537,000 In reply to your recent Parliamentary Question about the Notes: Child Support Agency, the Secretary of State promised a substantive 1. The social fund does not normally write of debt. However, there are reply from the Child Maintenance Commissioner as the Child some circumstance where write-off is legitimate, i.e. the claimant: has Support Agency is now the responsibility of the Child Maintenance died (and there is no estate to recover from); has been deported or and Enforcement Commission. gone abroad (and there is no probability of returning to the country); cannot be found; has received a custodial sentence (i.e. long- term You asked the Secretary of State for Work and Pensions, how prisoners) or is bankrupt. many mothers were refused payments from the Child Support 2. The information has been provided for the past three full years for Agency as a result of the father receiving his earnings overseas in when data is available. the latest period for which figures are available. [69262] 3. The figures have been rounded to the nearest hundred. Information is not available for the number of mothers refused 4. Figures are for applications received, not for the number of people payments from the Child Support Agency as a result of the father who made an application, and for initial awards made, not the receiving his earnings overseas. number of people who received an initial award. (Some people made more than one application or received more than one initial award.) The Child Support Agency does however record the number of 5. The information provided is Management Information. Our preference live cases where the residential address of the non-resident parentis is to answer all parliamentary questions using Official/National Statistics abroad. As at June 2011 there were 7,130 live cases where the but in this case we only have Management Information available. It is non-resident parent is recorded as living abroad. Of these, 5,020 not quality assured to the same extent as Official/National statistics cases existed where there was a liability to pay child maintenance and there are some issues with the data; for example, it does not with 2,110 cases being nil-assessed. Management information include applications which were processed clerically and have not yet does not record the reason why cases are nil-assessed. Maintenance been entered on to the social fund computer system. was received in 3,440 of the cases with a liability to pay maintenance. 6. If an applicant receives an initial award and this award is increased The fact the non resident parent lives abroad does not necessarily on first review in the same month as the initial award was made, then mean that all of their income is earned abroad the Policy, Budget and Management Information System (PBMIS) does not count the initial award and the review award separately, but I hope you find this answer helpful. counts one award on the one application. However, if a first review award is made in a later month than the initial award, then PBMIS Council Tax counts two awards on the one application. Similarly, if an initial or first review award is increased by the Independent Review Service, Caroline Flint: To ask the Secretary of State for Work then all awards made in the same month on one application count as and Pensions what estimate his Department has made one award. However, if an initial award or any review award(s) on one application are made in different months, then PBMIS will count one of likely (a) demand and (b) take-up of council tax award for each month in which an initial or review award was made. benefit in (i) England and (ii) each local authority area Because of this counting method, only the numbers of initial awards in each of the next five years. [69340] have been given. 463W Written Answers6 SEPTEMBER 2011 Written Answers 464W

Departmental Foreign Workers Chris Grayling: In response to the parliamentary question asking the Secretary of State for Work and Mrs Glindon: To ask the Secretary of State for Work Pensions, how many persons: and Pensions pursuant to his oral answer of 18 July (a) undertaking unpaid work experience, in his Department 2011, Official Report, columns 603-4W,on departmental as of 1 July 2011 jobs (relocation), by what means he will ensure that the The first people commenced their unpaid work experience on Department’s subcontractor for the Adams 2 contract 11 July. will minimise future offshoring of jobs from North As of 5 August there were 49 placements on unpaid work Tyneside. [68885] experience. (b) unpaid interns in his Department as of the 1 July 2011 Chris Grayling: The Department is in discussions There are two pilot Whitehall internship schemes, that DWP with the sub-contractor for the Adams 2 contract about have been involved in, which are explained as follows: the best way of ensuring that UK jobs remain in the Pilot 1—6th Form College Level UK. The Department will provide further information on the outcome of these discussions in due time. The pilot programme involved 60 interns and took place between 25 July-5 August 2011. DWP provided work placements for six of the 60 interns. Departmental Procurement Pilot 2—Secondary school year 9 level The pilot programme took place on Thursday 7 July 2011 and Owen Smith: To ask the Secretary of State for Work provided participants with an opportunity to listen to Whitehall and Pensions what methodology (a) his Department guest speakers in the morning and an afternoon visit to Civil and (b) the non-departmental public bodies for which Service Live. he is responsible used to estimate savings to the public (c) in unpaid positions were working in his Department purse made in respect of its procurement and as of 1 July 2011 purchasing since May 2010. [69263] There is no record of any other unpaid positions within DWP on the date in question. Chris Grayling: Procurement and purchasing in the Department for Work and Pensions and its non- Disability Living Allowance: Care Homes departmental public bodies is conducted under a commercial strategy that has an objective to achieve the Yasmin Qureshi: To ask the Secretary of State for best outcome for the UK taxpayer in terms of cost, Work and Pensions (1) when he expects to announce the quality and business outcome. Progress against this outcome of his review of the proposal to withdraw the objective has been measured since 2001 by a key mobility component of disability living allowance from performance indicator that reports the commercial people in residential care; [68855] function’s contribution to the Department living within (2) what process his Department will follow to resolve its spending review allocations. This indicator is based any overlap in funding of the mobility component of on tracking all commercial expenditure and measuring the disability living allowance to people in residential procurement value for money gains. The Department care homes. [69183] uses a procurement value for money measurement methodology initially developed by the then Office of Maria Miller: Officials in the Department for Work Government Commerce (OGC) in response to the Peter and Pensions are considering existing evidence and Gershon Review of 1998-99. The methodology was gathering more to determine the extent to which there subsequently updated by OGC to reflect new efficiency are overlaps in provision for mobility needs of people in policy. residential care homes. This work should be completed The methodology is applied in the Department by shortly and we will then make a final decision on the procurement category teams and results are subject to way forward. We are committed to getting this right to annual internal audit. It allows savings to be counted ensure that disabled people are able to get out and from the value added by procurement negotiations, about and live independently. Any changes will be rotted collaboration, process efficiencies and improved contract into the introduction of personal independence payment or asset management. It also provides a distinction from April 2013. between procurement action that releases cash and other action that adds value but does not release cash, for Disability Living Allowance: St Helens example cost avoidance by resisting a suppliers bid to raise prices. Mr Woodward: To ask the Secretary of State for Since May 2010 the Department has worked with the Work and Pensions (1) how many people in St Helens Efficiency and Reform Group to incorporate savings South and Whiston constituency were in receipt of from Crown supplier negotiations and centralised disability living allowance including the (a) higher and procurement into departmental procurement savings (b) lower rate mobility component in each of the last results. three years; [68902] (2) how many people in St Helens South and Whiston Departmental Work Experience constituency were in receipt of disability living allowance in the latest period for which figures are available; how Bridget Phillipson: To ask the Secretary of State for many such recipients have been interviewed and their Work and Pensions how many (a) persons undertaking benefits reassessed since May 2010; and how many (a) unpaid work experience, (b) unpaid interns and (c) were awarded a lower level of benefit, (b) lost all of other persons in unpaid positions were working in his their allowance and (c) were successful on appeal. Department as of 1 July 2011. [69506] [68903] 465W Written Answers6 SEPTEMBER 2011 Written Answers 466W

Maria Miller: The information requested on the number assessment in 2010-11; and in respect of what proportion of people in St Helens South and Whiston constituency of such applications that decision was (i) reversed and in receipt of disability living allowance mobility component (ii) upheld on appeal. [69839] is contained in the following table. Information regarding how many people in St Helens South and Whiston Chris Grayling: The data on Work Capability constituency have been interviewed and their DLA Assessments are not held at a constituency level—however, reassessed since May 2010, and how many (a) were it is possible to provide information for Wiltshire Unitary awarded a lower level of benefit, lost all of their allowance Authority (UA). or were successful on appeal is not routinely collated The data are not available for the financial year and could be obtained only at disproportionate cost. 2010-11. The number of disability living allowance recipients by mobility Table 1 presents data for all new employment and component in St Helens South and Whiston parliamentary support allowance (ESA) claims starting between October constituency in each of the last three years 2008 and November 2010 (the latest data available). Higher rate Lower rate Nil rate Figures are for initial assessments only and numbers Total mobility mobility mobility have been rounded to the nearest 10. Table 1: Fit for work decisions on new ESA claims November 9,160 6,160 2,100 900 2010 Percentage of all new Fit for work ESA claims1 November 7,690 5,240 1,700 760 2009 England 453,850 38 November 7,600 5,240 1,600 750 and Wales 2008 Wiltshire 2,260 33 Notes: UA 1. Caseload figures are rounded to the nearest 10. 1 Includes claims that are closed before assessment and those still in 2. Figures do not include people with entitlement where the payment progress. has been suspended, for example if they are in hospital. 3. Constituencies used for November 2010 are for the Westminster Table 2 shows appeals heard on fit for work decisions Parliament of May 2010. ‘St Helens South’ constituency is used for November 2009 and 2008 from the Westminster Parliament of 2005. for claims starting between October 2008 and May 4. Those with ‘nil rate’ of mobility component are in receipt of the 2010. Figures are for initial assessments only and numbers care component. have been rounded to the nearest 10. Source: Table 2: Appeals heard on fit for work decisions DWP Information Directorate: Work and Pensions Longitudinal Study Decision in DWP Decision in favour of DWP decision Disability Living Allowance: Visual Impairment favour of appellant decision upheld appellant (percentage) upheld (percentage)

Derek Twigg: To ask the Secretary of State for Work England 47,280 38 76,490 62 and Pensions for what reasons the higher rate mobility and component of disability living allowance cannot be Wales paid to severely visually impaired people who claim it Wiltshire 260 46 310 54 for the first time when they are aged 65 and over. UA [69458] Notes: 1. The Department regularly publishes official statistics on the employment and support allowance (ESA) work capability assessment at the Maria Miller: Disability living allowance is intended national level. The latest report, published in July 2011, covers new to focus additional help with the extra cost of disability claimants to ESA for October 2008 to November 2010 (the latest data on people who have the very considerable disadvantage available) and can be found here: of being severely disabled earlier in life and who as a http://research.dwp.gov.uk/asd/workingage/index.php?page=esa_wca 2. The data presented above comes from benefit claims data held by consequence have less opportunity, to work, earn and the Department for Work and Pensions, functional assessment data save compared to non-disabled people. It is normal for from Atos Healthcare and appeals data from the Tribunals Service. pensions and benefit schemes to contain different provisions 3. Data on appeals includes ESA claims up to the end of May 2010 for people at different stages of their lives. (the latest month where we have sufficient volumes of appeals heard to include in the publication) where the person claiming has been Where someone is in receipt of the higher rate mobility assessed to be fit for work, they subsequently appeal the Department’s th component before their 65 birthday, it can remain in decision and the appeal has been heard by Tribunals Service. payment beyond age 65 as long as the conditions of entitlement remain satisfied. A new entitlement to the Due to the time it takes for appeals to be submitted to higher rate mobility component, under whatever provision, the Tribunals Service and heard, it is likely that there cannot be established after the age of 65 as to do so are more appeals that have not yet been heard. Therefore would not be consistent with the principle of this benefit these figures should be treated as emerging findings which is to ensure that additional help is focussed to rather than final at this stage. those who become disabled earlier in life.

Employment and Support Allowance Incapacity Benefits

Duncan Hames: To ask the Secretary of State for David Morris: To ask the Secretary of State for Work Work and Pensions what proportion of applications for and Pensions (1) in what circumstances incapacity employment and support allowance made by residents benefit claimants are to return to their previous of (a) Chippenham constituency and (b) England and payments if they returned to work but need a break on Wales were rejected on the basis of a work capability health grounds; [69761] 467W Written Answers6 SEPTEMBER 2011 Written Answers 468W

(2) whether he has any plans to simplify the claim Jobcentre Plus: Vacancies form to be completed by multiple sclerosis sufferers who return to work and then require a break on health Zac Goldsmith: To ask the Secretary of State for grounds. [69762] Work and Pensions how many job vacancies were advertised in Jobcentre Plus branches in Richmond Park constituency Chris Grayling: Incapacity benefit claimants who return in the latest period for which figures are available. to work are not able to return to incapacity benefit. From October 2008, employment and support allowance [69385] replaced incapacity benefit, severe disablement allowance and income support paid on incapacity grounds for new Chris Grayling: In June 2011, 269 job vacancies were claims. Access to these old style disability benefits was advertised in Jobcentre offices in the Richmond Park closed from 31 January 2011. A person who is unable to constituency. work because of illness or disability will need to claim employment and support allowance. Jobseeker’s Allowance There are no plans to change the employment and support allowance claim form for multiple sclerosis Mr Evennett: To ask the Secretary of State for Work sufferers. The claim form is, however, kept under review. and Pensions what steps he is taking to ensure that It is also possible to claim by telephoning 0800 055 6688 claims for jobseeker’s allowance and employment and and an adviser can gather the necessary information support allowance are processed promptly. [69646] thus avoiding the need for a claim form. Industrial Health and Safety Chris Grayling: Jobcentre Plus monitors the average time taken to process new claims via internal measurement Margot James: To ask the Secretary of State for indicators using an Average Actual Clearance Time Work and Pensions (1) with reference to the review of (AACT) and Time band clearance rates for jobseekers health and safety by Lord Young, Common Sense, allowance and employment and support allowance. Common Safety, whether the Health and Safety Executive As well as gathering the data we take steps to ensure has established a minimum standard of professional it is used and cases are processed promptly. We produce qualification for all those operating as consultants in a series of reports to site level that enables local managers the health and safety industry; [69365] to identify hotspots and issues where we feel the levels (2) with reference to the review of health and safety being achieved are impacting on the customer’s claim by Lord Young,Common Sense, Common Safety, whether being cleared promptly. the Health and Safety Executive has established a web-based We charge managers with being accountable for prompt directory of accredited health and safety consultants; handling of claims. Senior Managers within Jobcentre [69366] Plus regularly monitor this area of performance and (3) what progress has been made on the Health and commission improvement work. Safety Executive’s consultations on (a) the operation In addition we monitor against agreed performance of Reporting of Injuries, Diseases and Dangerous levels through Performance Management Framework. Occurrences Regulations, (b) a draft voluntary code of practice to replace the existing Adventure Activities Jobseeker’s Allowance: Lone Parents Licensing Authority regime and (c) consolidating health and safety legislation into a single set of regulations; [69367] Kerry McCarthy: To ask the Secretary of State for (4) with reference to the review of health and safety Work and Pensions what guidance his Department by Lord Young, Common Sense, Common Safety, provides to Jobcentre Plus staff on the provision of whether the Health and Safety Executive has instituted advice on jobs outside of school hours for lone parents periodic checklists for use by low risk voluntary in receipt of jobseeker’s allowance. [69462] organisations to check compliance against regulations; [69368] Chris Grayling: At the outset of a claim to jobseeker’s (5) with reference to the review of health and safety allowance, guidance to Jobcentre Plus advisers is to by Lord Young,Common Sense, Common Safety, whether discuss and put in place a Jobseeker’s agreement, which the Health and Safety Executive has published revised contains information about the type of work being guidance for police and fire officers undertaking heroic sought, the claimant’s availability for work and jobsearch acts; [69369] activities that, if taken, offer best prospects of employment. (6) with reference to the review of health and safety Guidance stresses the importance of taking into account by Lord Young,Common Sense, Common Safety, whether individual personal circumstances, including child care (a) his Department and (b) the Health and Safety responsibilities and agreeing appropriate restrictions on Executive has produced guidance under the Code of the claimant’s availability for work, eg lone parents with Practice for small and medium-sized businesses engaged a child aged 12 or under may restrict their availability to in lower risk activities. [69370] their child’s normal school hours. Taking into account the claimant’s agreed availability Chris Grayling: Regular updates on progress against for work, advisers provide information, advice and guidance the Common Sense Common Safety recommendations, on how best to identify and apply for suitable jobs, according to the Government body which is responsible including those outside of school hours, where they are for updating them, are published on the DWP website at appropriate given the claimant’s circumstances. The http://www.dwp.gov.uk/policy/health-and-safety/ adviser can also offer ongoing personalised support 469W Written Answers6 SEPTEMBER 2011 Written Answers 470W which may include pre and post employment support, The sample size of this survey is not sufficient to appropriate training; signposting to other relevant services provide estimates for small areas such as Leicester. and information about the support available to help However, figures at a regional level, for the East Midlands overcome issues that may be making it harder to find are available. Three survey years have been combined to and keep jobs, for example, in-work financial support ensure sufficient sample sizes. and information about available child care. Statistics covering 2007-08 to 2009-10 are the most For many parents to enter sustained employment recent available and are shown in the following table. they will need to source and utilise formal child care. The targets set out in the Child Poverty Act and our Advisers recognise the importance of child care as a key broader set of income measures in the Child Poverty enabler to work and therefore provide parents with the Strategy are calculated on a “Before Housing Costs” necessary support, assistance and advice to overcome (BHC) basis. International comparisons are also calculated this barrier to work. this way. Pensioners: Poverty When considering the living standards of children, measures After Housing Costs (AHC) can underestimate Jonathan Ashworth: To ask the Secretary of State for the true standard of living as a family may make a Work and Pensions how many (a) pensioners and (b) choice to spend more on rent or mortgage to attain a children in Leicester are living in a household with higher standard of accommodation. under 60% of the median income. [69678] Conversely measures for pensioners are generally on an After Housing Costs basis. This is because pensioners Steve Webb: Estimates of the number and proportion are far more likely to own their homes outright and so of children and pensioners living in poverty are published receive value from housing, without having to pay for in the Households Below Average Income (HBAI) series. rent or mortgage payments out of their current income. HBAI uses household (rather than family) income adjusted So for assessing pensioner poverty a Before Housing (or “equivalised”) for household size and composition, Costs basis does not provide a good comparison of to provide a proxy for standard of living. living standards.

Numbers and proportions of children and pensioners in low income households1 in East Midlands Region 2007-08 to 2009-10 Number Proportion (Percentage)

(a) Pensioners (After Housing Costs) 200,000 18 (b) Children (Before Housing Costs) 200,000 23 1 Below 60% median. Notes: 1. These statistics are based on Households Below Average Income (HBAI) data available at: http://research.dwp.gov.uk/asd/index.php? page=hbai_arc 2. These statistics are based on Households Below Average Income (HBAI) data sourced from the Family Resources Survey (FRS). This uses disposable household income, adjusted using modified OECD equivalisation factors for household size and composition, as an income measure as a proxy for standard of living. 3. Net disposable incomes have been used to answer the question. This includes earnings from employment and self-employment, state support, income from occupational and private pensions, investment income and other sources. Income tax, payments, national Insurance contributions, council tax/domestic rates and some other payments are deducted from incomes. 4. Figures have been presented on a Before Housing Cost and After Housing Cost basis. For Before Housing Costs, housing costs are not deducted from income, while for After Housing Costs they are. 5. All estimates are based on survey data and are therefore subject to a degree of uncertainty. Small differences should be treated with caution as these will be affected by sampling error and variability in non-response. 6. The reference period for HBAI figures is the financial year. 7. Numbers of children and pensioners have been rounded to the nearest hundred thousand children. 8. Proportions in low-income households have been rounded to the nearest percentage point. Source: Households Below Average Income.

Personal Independence Payment Personal Independence Payment: Visual Impairment Yasmin Qureshi: To ask the Secretary of State for Work David Morris: To ask the Secretary of State for Work and Pensions (1) how many blind people in receipt of and Pensions whether the mobility element of the disability living allowance will be reassessed for the personal independence payment will be payable once personal independence payment; [68830] claimants reach pensionable age. [69759] (2) what estimate he has made of the number of people on higher rate care and/or the mobility component Maria Miller: Individuals will be able to make a new of Disability Living Allowance who are to be reassessed claim for personal independence payment up to the age for the personal independence payment by 2015-16. of 65 or state pension age, if that is higher. We recognise that individuals who develop additional needs earlier in [69193] their lives have had less opportunity to earn and save for Maria Miller: We will replace disability living allowance later life. Therefore we intend in regulations to detail for people of working age with personal independence that individuals already in receipt of personal independence payment, a new, more transparent and sustainable benefit payment when they reach state pension age to continue with an objective assessment of individual need. Support to receive the benefit, this will include the mobility through personal independence payment will be focused element, subject to the entitlement conditions continuing on those with the most need. The detailed criteria that to be satisfied. will be used in the new assessment to determine eligibility 471W Written Answers6 SEPTEMBER 2011 Written Answers 472W are currently being developed and tested, informed by Personal independence payment will be introduced comments on our initial draft regulations, which we for new claimants from April 2013. We will also reassess published on 9 May 2011. the existing disability living allowance (DLA) working-age At this stage, it is not possible to provide an assessment (16-64) case load over three years beginning in 2013 and of the impact of personal independence payment on the transfer individuals who are eligible for personal pool of existing recipients of disability living allowance. independence payment to the new benefit. Working-age However, we are working with disabled people and the individuals in receipt of DLA whose main disabling organisations that represent them on the design and condition is blindness will be included in this exercise. delivery of personal independence payment and the outcomes from this work will be reflected in updates to the impact assessment for this change.

DLA cases in payment where the main disabling condition is blindness—February 2011 Blindness Number

Total 70,400 Aged 16-64 45,800 Notes: 1. Case load figures are rounded to the nearest hundred. 2. Figures are adjusted to be consistent with the overall caseload from the Work and Pensions Longitudinal Study (WPLS). 3. Figures do not include people with entitlement where the payment has been suspended for example if they are in hospital. 4. The preferred data source for benefit statistics is 100% Work and Pensions Longitudinal Study. However, the 5% sample data is generally the preferred source for analysis on disabling condition as information is more complete for disabling condition on the 5% sample (Some recipients of DLA who transferred from the AA system may not have been allocated a specific disabling condition code. This problem can be corrected on the sample data but not on the WPLS data. The number of cases affected is decreasing over time). 5. A diagnosed medical condition does not mean that someone is automatically entitled to DLA. Entitlement is dependent on an assessment of how much help someone needs with personal care and/or mobility because of their disability. These statistics are only collected for administrative purposes. Source: DWP Information Directorate: Sample data (5%)

Remploy legal obligations for the voluntary redundancy scheme. They have confirmed there will be no external recruitment Julie Elliott: To ask the Secretary of State for Work to fill posts where employees took voluntary redundancy. and Pensions (1) what steps he is taking to ensure that Remploy is not replacing the jobs of employees who Social Security Benefits: Disability were recently made redundant; [65479] (2) what recent discussions he has had with Remploy Tracey Crouch: To ask the Secretary of State for on the filling of posts of employees who were recently Work and Pensions how many people in Chatham and made redundant. [65480] Aylesford constituency (a) of each age group, (b) of each sex, (c) with each physical disability and (d) with Maria Miller: DWP Ministers agree the funding, each mental health diagnosis are in receipt of disability objectives and performance targets for the company. benefits; and if he will make a statement. [68401] The voluntary redundancy scheme was a management matter for Remploy. Remploy have assured my officials Maria Miller: The information requested is contained that the company are committed to honouring their in the following tables.

Disability living allowance (DLA) recipients in Chatham and Aylesford parliamentary constituency by main disabling condition, of physical and mental health disabilities, age and sex—February 2011 Total with physical or mental health Mental health disabilities Physical disabilities disabilities All Female Male All Female Male All Female Male

All 4,880 2,300 2,580 1,530 580 950 3,350 1,720 1,630 Under 5 100 30 70 40 10 30 60 20 40 5 to under 11 330 90 240 220 50 170 110 40 70 11 to under 16 430 120 310 250 60 190 170 60 120 16-17 140 40 100 90 20 60 60 20 40 18-24 330 110 220 200 60 140 130 50 80 25-29 180 80 100 100 50 60 80 40 50 30-34 180 90 90 70 30 40 110 60 50 35-39 220 110 100 90 40 50 130 80 50 40-44 320 170 140 110 60 50 210 120 90 45-49 380 200 180 110 60 50 270 140 130 50-54 390 220 170 80 40 40 320 180 130 55-59 440 240 200 60 30 30 380 200 170 60-64 560 310 250 60 40 20 500 270 230 65-69 390 200 200 30 10 10 370 190 190 473W Written Answers6 SEPTEMBER 2011 Written Answers 474W

Disability living allowance (DLA) recipients in Chatham and Aylesford parliamentary constituency by main disabling condition, of physical and mental health disabilities, age and sex—February 2011 Total with physical or mental health Mental health disabilities Physical disabilities disabilities All Female Male All Female Male All Female Male

70-74 260 150 110 20 10 10 240 140 100 75-79 150 80 70 10 — — 140 80 60 80-84 60 40 20 — — — 60 40 20 85-89 10 10 ————1010— 90andover————————— Source: DWP Information Directorate: Work and Pensions Longitudinal Study (WPLS)

Attendance allowance (AA) recipients in Chatham and Aylesford parliamentary constituency by main disabling condition, of physical and mental health disabilities, age and sex—February 201 Total with physical or mental health Mental health disabilities Physical disabilities disabilities All Female Male All Female Male All Female Male

All 1,810 1,240 570 200 130 70 1,610 1,110 500 65-69 80 50 40 10 — 10 70 40 30 70-74 250 150 100 20 10 10 220 140 90 75-79 400 250 150 50 30 20 360 230 130 80-84 410 280 130 60 40 10 360 240 120 85-89 410 310 100 40 30 10 360 280 90 90 and over 260 200 60 20 20 10 240 190 50 Notes: 1. Caseloads are rounded to the nearest 10. Totals may not sum due to rounding. 2. ‘—’ denotes nil or negligible. 3. Where more than one disability is present only the main disabling condition is recorded. 4. Figures show the number of people in receipt of an allowance, and excludes people with entitlement where the payment has been suspended, for example if they are in hospital. 5. ‘Mental health disabilities’ encompass the main disabling conditions ‘learning difficulties’ and ‘mental and behavioural disabilities’. In October 2008 much finer classifications were introduced for new DLA claimants. DWP do not report on these finer classifications as the majority of pre-2008 claims still have the “old codes” on the administrative system. A new code (cognitive disorders—other/type not known) was introduced within the general classification of “psychiatric disorders”. Claimants allocated to this group are included within “mental health disorders”. 6. “Physical disabilities” encompass all categories not included in “mental health disabilities”, including the main disabling conditions arthritis, muscle/joint/bone disease, blindness, stroke related, epilepsy, deafness, malignant disease, chest disease, back ailments, heart disease, Parkinson’s disease, diabetes mellitus, renal disorders, aids, skin disease, frailty, multiple sclerosis. The small number of cases with unknown medical code (see note 7) have been included in “physical disorders”). 7. The preferred data source for benefit statistics is 100% Work and Pensions Longitudinal Study. However, the 5% sample data are generally the preferred source for analysis on DLA disabling condition as information is more complete. However in this case the WPLS data have been used as some of the caseload figures produced are very small and so would have a high level of statistical variation should the sample data have been used. 8. Parliamentary constituency is based on the Westminster Parliament of May 2010. Source: DWP Information Directorate: Work and Pensions Longitudinal Study (WPLS)

Disability living allowance (DLA) recipients in Chatham and Disability living allowance (DLA) recipients in Chatham and Aylesford parliamentary constituency by main disabling condition, of Aylesford parliamentary constituency by main disabling condition, of each physical or mental health disability by gender—February 2011 each physical or mental health disability by gender—February 2011 Total Female Male Total Female Male

Chatham and 4,880 2,300 2,580 Severely mentally 30 10 20 Aylesford impaired parliamentary Physical 3,350 1,720 1,630 constituency disabilities: Mental health 1,530 580 950 AIDS 10 — 10 disabilities: Alcohol and drug 30 10 20 Behavioural 150 30 120 abuse disorder Arthritis 670 440 230 Dementia 20 10 10 Asthma 30 20 10 Learning 810 260 560 Back pain—not 250 130 120 difficulty specified Personality 30 20 10 Blindness 110 50 50 disorder Blood disorders 10 10 — Psychiatric ——— disorders Bowel and 30 20 10 stomach disease Psychoneurosis 210 130 80 Cerebrovascular 140 70 70 Psychosis 270 130 140 disease 475W Written Answers6 SEPTEMBER 2011 Written Answers 476W

Disability living allowance (DLA) recipients in Chatham and Attendance allowance (AA) recipients in Chatham and Aylesford Aylesford parliamentary constituency by main disabling condition, of parliamentary constituency by main disabling condition, of each each physical or mental health disability by gender—February 2011 physical or mental health disabilities, by gender, February 2011 Total Female Male Total Female Male

Chest disease 140 50 80 Mental health 200 130 70 Chronic fatigue 60 60 10 disabilities: syndrome Dementia 170 110 50 Cystic fibrosis 10 — — Learning 10—— Deafness 90 40 50 difficulty Diabetes mellitus 100 40 50 Psychiatric ——— disorders Disease of the 300 170 130 muscles, bones or Psychoneurosis 10 10 — joints Psychosis 10 10 — Double amputee — — — Physical 1,610 1,110 500 Epilepsy 130 60 70 disabilities: Frailty — — — Arthritis 580 460 120 Haemodialysis — — — Asthma 20 10 — Haemophilia 10 — 10 Back pain—not 30 ___| 20 10 Heart disease 140 40 100 specified Hyperkinetic 190 30 160 Blindness 80 60 20 syndrome Blood disorders — — — Infectious disease — — — Bowel and ——— Inflammatory 10 10 — stomach disease bowel disease Cerebrovascular 110 50 60 Major trauma 30 10 20 disease other than traumatic Chest disease 90 40 50 paraplegia Chronic fatigue ——— Malignant disease 130 70 60 syndrome Metabolic disease 30 20 10 Deafness 10 — — Motor neurone ——— Diabetes mellitus 40 30 10 disease Multi system 10 10 — Disease of the 110 80 30 disorders muscles, bones or joints Multiple sclerosis 120 80 40 Epilepsy — — — Neurological 200 100 100 disease Frailty 150 110 40 Other unspecified 10—— Haemodialysis — — — mainly terminally ill Heart disease 130 80 50 Parkinson’s 20 10 10 Inflammatory 10—— disease bowel disease Peripheral 20 10 10 Major trauma ——— vascular disease other than Renal disorders 20 10 10 traumatic Skin disease 20 10 10 paraplegia Spondylosis 110 60 50 Malignant disease 50 30 20 Total parenteral ——— Metabolic disease — — — nutrition Multi system ——— Trauma to limbs 80 30 50 disorders Traumatic 10—10 Multiple sclerosis 10 — — paraplegia/ tetraplegia Neurological 20 10 10 disease Unknown 100 60 40 Other unspecified 40 30 Source: mainly terminally DWP Information Directorate: Work and Pensions Longitudinal ill Study (WPLS) Parkinson’s 50 20 30 disease Attendance allowance (AA) recipients in Chatham and Aylesford parliamentary constituency by main disabling condition, of each Peripheral 10—10 physical or mental health disabilities, by gender, February 2011 vascular disease Total Female Male Renal disorders 10 10 —

Chatham and 1,810 1,240 570 Skin disease — — — Aylesford Spondylosis 20 10 — parliamentary constituency Trauma to limbs 10 10 — 477W Written Answers6 SEPTEMBER 2011 Written Answers 478W

Attendance allowance (AA) recipients in Chatham and Aylesford people with mental and behavioural disorders into parliamentary constituency by main disabling condition, of each work. [69335] physical or mental health disabilities, by gender, February 2011 Total Female Male Chris Grayling: New measures introduced in April Unknown — — — 2011 allow Jobcentre Plus to offer more flexible support Notes: to people with mental and behavioural difficulties, ensuring 1. Caseloads are rounded to the nearest 10. Totals may not sum due to provision is tailored to personal and local labour market rounding. needs. 2. ‘—’ denotes nil or negligible. 3. Where more than one disability is present only the main disabling This includes advice and support about maintaining condition is recorded. well-being and managing health in preparation for a 4. Figures show the number of people in receipt of an allowance, and return to work excludes people with entitlement where the payment has been suspended, for example if they are in hospital. The Work programme is a cross benefit programme 5. ‘Mental health disabilities’ encompass the main disabling conditions that ensures providers are free to innovate and design ‘learning difficulties’ and ‘mental and behavioural disabilities’. In support that addresses the needs of individuals. Work October 2008 much finer classifications were introduced for new programme providers are paid more to support harder DLA claimants. DWP do not report on these finer classifications as to help groups into sustained employment, including the majority of pre-2008 claims still have the “old codes” on the administrative system. A new code (cognitive disorders—other/ type those claiming employment support allowance. not known) was introduced within the general classification of “psychiatric In addition, disabled people may be able to access a disorders”. Claimants allocated to this group are included within range of specialist employment provision including Work “mental health disorders”. Choice; Access to Work; Remploy Employment Services 6. “Physical disabilities” encompass all categories not included in “mental health disabilities”, including the main disabling conditions and Enterprise Businesses; and Residential Training. arthritis, muscle/joint/bone disease, blindness, stroke related, epilepsy, Jobcentre Pius Disability Employment Advisers offer deafness, malignant disease, chest disease, back ailments, heart disease, help with finding and retaining employment. They can Parkinson’s disease, diabetes mellitus, renal disorders, aids, skin disease, frailty, multiple sclerosis. The small number of cases with unknown refer individuals to specialist programmes including medical code (see note 7) have been included in “physical disabilities”). Residential Training and Work Choice and may also 7. The preferred data source for benefit statistics is 100% Work and use the professional expertise of Work Psychologists Pensions Longitudinal Study. However, the 5% sample data are specialising in working with disabled people. They can generally the preferred source for analysis on DLA disabling condition advocate with employers on the individual’s behalf and as information is more complete. However in this case the WPLS data has been used as some of the caseload figures produced are very small help employers to explore job solutions such as the and so would have a high level of statistical variation should the restructuring of a job’s tasks or the environment, or the sample data have been used. provision of, or change to equipment. 8. Parliamentary constituency is based on the Westminster Parliament of May 2010. Jobcentre Plus Mental Health and Well-being Partnership Source: Managers work with mental health services to ensure DWP Information Directorate: Work and Pensions Longitudinal an awareness of the services available locally, and to Study (WPLS) develop the knowledge and confidence of Jobcentre Plus advisers. Advisers also have access to resources Universal Credit such as the mental health adviser toolkit, and the Hidden Impairments toolkit, developed in conjunction with John McDonnell: To ask the Secretary of State for professional experts, charitable organisations and service Work and Pensions pursuant to his oral answer to the users. hon. Member for Glasgow North East, Official Report, As part of the Department for Work and Pensions column 478, on universal credit: transitional payments, Health and Work programme, occupational health advice what estimate he has made of the cost of transitional services are available across Great Britain to employers protection for recipients of the childcare element of in small businesses who need to support an individual working tax credits who continue to qualify for employee to remain in or return to work, and to GPs childcare support under the universal credit in each of who require support on patient-specific or general the first five years. [68035] occupational health issues. Also, Fit for Work Services are being piloted across Great Britain to ensure individuals Chris Grayling: The Government have made a can access case-managed, multidisciplinary support in commitment that there will be no cash losers purely as a the early stages of sickness absence to help them back result of the move to universal credit. At the point of to work as soon as possible and ensure they remain in change a comparison will be made between current work. amount received in tax credits and/or benefits and the household entitlement under universal credit. If the The Royal College of Psychiatrists, supported by the universal credit entitlement is less, and no other Department for Work and Pensions, has produced an circumstances have changed, a cash amount will be online resource providing information and guidance paid in order to make up the difference. Details of this about returning to work after a period of mental ill protection will be available when policy details have health to provide support to workers, employers, clinicians, been finalised but we would expect future increases in and carers. universal credit entitlement to reduce the need for As part of the Department of Health (DH) Improving transitional protection. Access to Psychological Therapies programme, which will be rolled-out across England by March 2015, Work Capability Assessments employment support coordination ensures employment and advice support providers and psychological therapy Richard Fuller: To ask the Secretary of State for services work together to help people remain in or Work and Pensions what steps he is taking to assist return to work when issues arise. In Scotland, support 479W Written Answers6 SEPTEMBER 2011 Written Answers 480W for those with mental health conditions is delivered Robert Neill: The Government are currently consulting through the Scottish Centre for Healthy Working Lives, on the principles for calculating the grant to be given to which provides training to employers on developing each local authority to fund local council tax support Mentally Healthy Workplaces. In Wales, the Mental schemes. A separate detailed technical consultation will Health in Primary Care Network works to improve subsequently be held on the specific factors and indicators awareness of the importance of work to health, making which should determine the level of grant allocated to a specific reference to mental health and well-being. particular authority.

Caroline Flint: To ask the Secretary of State for Communities and Local Government with reference to COMMUNITIES AND LOCAL GOVERNMENT his Department’s consultation on localising support for council tax in England, August 2011, what British Sky Broadcasting proportion of recipients of council tax benefit were of (a) working age and (b) pension age in (i) England Luciana Berger: To ask the Secretary of State for and (ii) each local authority area on the most recent Communities and Local Government how much his date for which figures are available. [69346] Department has spent on subscriptions to Sky TV since May 2010. [67557] Robert Neill: I have today placed in the Library of the Robert Neill: The Department has had no subscriptions House a table that provides the proportion of council to Sky TV. tax benefit claimants that were of (a) working age and (b) pension age, by each local authority in England, Council Tax based on the May 2011 Department for Work and Pensions Single Housing Benefit Extract. England figures Andrew Jones: To ask the Secretary of State for show that 62.5% of claimants are of working age, the Communities and Local Government what the average remaining 37.5% are of pension age. change in council tax in England was in (a) 2007-08, (b) 2008-09 and (c) 2010-11. [69161] Caroline Flint: To ask the Secretary of State for Communities and Local Government with reference to Robert Neill: The change in the average band D his Department’s consultation on localising support council tax in England in 2007-08, 2008-09 and 2010-11 for council tax in England, August 2011, whether he over the previous year’s figure was 4.2%, 3.9% and 1.8% plans to prepare and publish an impact assessment on respectively. the localisation of council tax benefit. [69347] This information is available in table 1 of the statistical release “Council tax levels set by local authorities in Robert Neill: An impact assessment will be published England—2011-12” that is published on the Department alongside draft legislation providing for the localisation for Communities and Local Government website and of council tax support in England. can be found at: Conor Burns: To ask the Secretary of State for http://www.communities.gov.uk/localgovernment/ localregional/localgovernmentfinance/statistics/counciltax/ Communities and Local Government how much council rates/ tax revenue was collected by each local authority in This information is collected from the Budget England in the latest period for which figures are available; Requirement forms that are completed by all billing and how much council tax revenue net of council tax and precepting authorities in England. benefit was collected by each local authority in England in that period. [69563] Caroline Flint: To ask the Secretary of State for Communities and Local Government with reference to Robert Neill: I have today placed in the Library of the his Department’s consultation on localising support House a table that gives the following information for for council tax in England, August 2011, paragraph each local authority in England: 11.8, when he plans to publish the technical Total receipts of 2010-11 council tax collected in 2010-11. consultation on the level of grant allocated to local Council tax benefit transferred to Collection Fund in 2010-11. authorities for their local council tax support schemes. Total 2010-11 council tax revenue collected in 2010-11 (in year [69341] receipts plus council tax benefit transferred to the collection fund). Robert Neill: A separate detailed technical consultation on the specific factors and indicators which should Council Tax: Green Deal Scheme determine the level of grant allocated to a particular authority will take place after the current consultation has closed. Zac Goldsmith: To ask the Secretary of State for Communities and Local Government if he will bring Caroline Flint: To ask the Secretary of State for forward proposals for a one-month council tax Communities and Local Government with reference to payment holiday for households that are participating his Department’s consultation on localising support in the Green Deal. [69239] for council tax in England, August 2011, paragraph 4.4, how the amount of money given to each local Robert Neill: Local authorities have the discretion authority to fund local council tax support schemes provided by section 13A of the Local Government will be calculated in (a) 2013-14 and (b) subsequent Finance Act 1992 to grant council tax discounts as they years. [69345] see fit. 481W Written Answers6 SEPTEMBER 2011 Written Answers 482W

Council Tax: Halifax was business class given the distance travelled. The Secretary of State has undertaken no other flights on Mrs Riordan: To ask the Secretary of State for official business. Communities and Local Government how many properties in Halifax constituency have been moved Departmental Lost Property into an (a) higher and (b) lower council tax band since May 2010; and what the average (i) increase and (ii) Mr MacNeil: To ask the Secretary of State for decrease was in the last financial year. [69470] Communities and Local Government what property has been (a) lost and (b) stolen from his Department Robert Neill: As at 30 June 2011 there were 45,274 in the last 12 months; and what the cost of replacement domestic properties in the Halifax constituency and in was. [66578] the period from 1 April 2010 to 30 June 2011 there were (i) 42 properties that moved into a higher council tax Robert Neill: In the last 12 months the following band and (ii) 234 properties which moved into a lower departmental items have been (a) lost and (b) stolen. council tax band. Official statistics are published by Valuation Office Agency on an annual or quarterly Replacement basis only. Item Lost Stolen value (£) In the financial year 2010-11 the modal (average) Laptop 1 10 16,500 increase was from band B to C and the modal decrease BlackBerry 2 8 700 wasfrombandBtoA. Camera 0 1 250 Laptop log-on 11180 Departmental Advertising key BlackBerry 0240 charger Gavin Williamson: To ask the Secretary of State for Communities and Local Government how much his The laptops were encrypted. The unit cost of the Department has spent on (a) television, (b) radio and laptops incorporate a series of encryption and security (c) newspaper advertising in (i) real and (ii) nominal measures, and associated licence, set-up and support terms between June 2007 and May 2010; and what the costs. total cost to the public purse was. [68376] Departmental Procurement Robert Neill: The Department purchases its advertising space through the Central Office of Information. Their figures, excluding VAT and recorded on a financial year Julian Smith: To ask the Secretary of State for basis, are as follows: Communities and Local Government what proportion of procurement contracts offered by his Department £ have been advertised on the Contracts Finder website since the website’s inception. [67248] TV Radio Press advertising advertising advertising Total Robert Neill: The Department has published all contracts Nominal with a value of greater than £20,000 on the Contracts terms Finder website since the website’s inception. This is 2007-08 1,188,232 388,369 3,116,567 4,693,168 50% of the total number of contracts with a value of 2008-09 1,989,840 1,438,538 2,898,805 6,327,183 greater than £10,000. The Department is currently in 2009-10 1,677,935 847,463 1,860,579 4,385,977 the process of updating the website with all such contracts.

Real Departmental Rail Travel terms1 2007-08 1,240,992 405,613 3,254,949 4,901,555 2008-09 2,022,239 1,461,961 2,946,004 6,430,204 Gavin Williamson: To ask the Secretary of State for Communities and Local Government what the cost to 2009-10 1,677,935 847,463 1,860,579 4,385,977 the public purse was for (a) first class and (b) all train 1 Using GDP deflators as published 28 June 2011 by HM Treasury, using 2009-10 as the base year. travel by (i) Ministers, (ii) staff and (iii) special advisers in his Department between June 2007 and May 2010. The figures for press advertising include magazines as [68341] well as newspapers, due to the mechanism Central Office of Information employ to record financial data. Robert Neill: Information on the cost of rail travel was not held centrally before April 2009 and could be Departmental Air Travel provided only at disproportionate cost. In 2009-10 the Department spent £199,516 on first John Mann: To ask the Secretary of State for class rail travel and £689,348 on standard rail travel and Communities and Local Government on what occasions in April and May 2010 the Department spent £18,372 he has flown on official business (a) by budget airline on first class rail travel and £79,069 on standard rail and (b) in economy class in the last 12 months. [67924] travel. The breakdown between Ministers, special advisers Robert Neill: I refer the hon. Member to my answer and staff could be obtained only at disproportionate of 22 June 2011, Official Report, columns 288-89W; this cost. 483W Written Answers6 SEPTEMBER 2011 Written Answers 484W

Departmental Travel adaptations that enable disabled people to live as comfortably and independently as possible in their homes. Charlie Elphicke: To ask the Secretary of State for It can be used to adapt heating or lighting controls to Communities and Local Government how many civil make them easier to use. servants in his Department are provided with travel cards funded by his Department. [68901] Disability Facilities Grant

Robert Neill: The Department for Communities and Henry Smith: To ask the Secretary of State for Local Government does not have any civil servants Communities and Local Government when the review provided with travel cards funded directly by the of the effectiveness of administration of the disability Department. However, the Department does allow staff facilities grant will be concluded. [69547] to take out a loan for season ticket costs and pay it back over a maximum period of 12 months. As of July 2011, Andrew Stunell: There is currently no review into the there were a total of 488 civil servants making repayments effectiveness of administration of the Disabled Facilities on a season ticket loan. Grant. However, the recently published report by the Commission on the Funding of Care and Support Departmental Work Experience recommends reviewing the operation and administration of the Disabled Facilities Grant. The Government welcome Bridget Phillipson: To ask the Secretary of State for this report and will be reviewing the recommendations Communities and Local Government how many (a) with the care sector over the autumn. Following this persons undertaking unpaid work experience, (b) engagement, we will publish a White Paper on social unpaid interns and (c) other persons in unpaid care reform in the spring next year, as well as a progress positions were working in his Department as of 1 July report on funding reform. 2011. [69510] Fire Services Robert Neill: The Department for Communities and Local Government had (a) no people undertaking work experience, (b) no unpaid interns, and (c) no Gavin Williamson: To ask the Secretary of State for other persons in unpaid positions working in the Communities and Local Government what legal advice Department as of 1 July 2011, however the Department he received on the abolition of the regional fire control did have three Youth Council volunteers working in the centres. [68875] Department, and all three of them finished on 30 June 2011. Additionally, six people joined the Department in Robert Neill: I would refer my hon. Friend to the July for two weeks work experience, however all of National Audit Office report of 1 July 2011, HC 1272, them started after 1 July 2011. on the Failure of the FiReControl project which sets out the specialist commercial legal advice received. Disability Aids Gavin Williamson: To ask the Secretary of State for Graeme Morrice: To ask the Secretary of State for Communities and Local Government what process his Communities and Local Government what discussions Department followed in making decisions on the he has had with the Secretary of State for Health about reconfiguration of regional fire control centres. [69034] the funding of communication aids and assistive technology specifically for people with profound and Robert Neill: Following the termination of the multiple learning disabilities; and if he will make a FiReControl project we consulted the fire and rescue community on the future of control services and, at the statement. [69398] same time, invited Fire and Rescue Services to discuss Andrew Stunell: Ministers within the Department for with us how they might use the buildings. The London Communities and Local Government regularly meet Fire and Emergency Planning Authority took on the colleagues from other Departments to discuss a range lease for the building in London in March this year and of matters. are planning to move their control room later this year. We are in discussion with a number of Fire and Rescue It is the responsibility of local social care services to Authorities who are interested in taking on other buildings; determine who is responsible for the provision and where there is no interest the buildings are being marketed repair of communication aids and assistive technology. more widely, including to other emergency services. The Vision on Adult Social Care, Capable Communities This approach is building improved control room resilience and Active Citizens is clear that “councils should through local solutions, not imposing a solution from commission a full range of appropriate preventative central Government. and early intervention services such as re-ablement and telecare, working in partnership with the NHS, housing Government Procurement Card authorities and others”. Generally, councils may supply equipment costing up Charlie Elphicke: To ask the Secretary of State for to £1,000 free of charge but in some circumstances may Communities and Local Government what the (a) make direct payments to purchase equipment or adaptations date of purchase, (b) amount, (c) supplier and (d) themselves. level 3 or enhanced transaction entry was of each DCLG provides funding for the Disabled Facilities transaction undertaken by the Local Government Grant, a mandatory entitlement administered by local Ombudsman using the Government Procurement Card housing authorities. It helps to fund the provision of in (i) 2007-08, (ii) 2008-09 and (iii) 2009-10. [68891] 485W Written Answers6 SEPTEMBER 2011 Written Answers 486W

Robert Neill: A table providing a breakdown of Hotels expenditure by the Local Government Ombudsman using Government Procurement Cards for 2008-09 and Gavin Williamson: To ask the Secretary of State for 2009-10 has been placed in the Library of the House. Communities and Local Government what the cost to (a) (b) (c) This includes date of purchase, amount, the public purse was of (a) four star, (b) five star and (d) supplier and level 3 or enhanced transaction details. (c) other hotel accommodation for (i) staff, (ii) Each transaction has an expenditure type which is a Ministers and (iii) special advisers in his Department broad description of the type of goods purchased. between June 2007 and May 2010. [68373] The data cover the periods 1 December 2008 when the Local Government Ombudsman started using Robert Neill: Information on hotel expenditure is not Government Procurement cards to 31 March 2009; and held centrally prior to April 2009 and could be supplied 1 April 2009 to 31 March 2010. only at disproportionate cost. In the financial year 2009-10 the Department spent £498,471 on hotel Charlie Elphicke: To ask the Secretary of State for accommodation and in April and May 2010 the Communities and Local Government what the (a) Department spent £56,662 on hotel accommodation. date of purchase, (b) amount, (c) supplier and (d) level 3 or enhanced transaction entry was of each Unfortunately this cannot be broken down by hotel transaction undertaken by the Infrastructure Planning rating. The breakdown between Ministers, special advisers Commission using the Government Procurement Card and staff could be obtained only at disproportionate cost. since its establishment. [68893] As part of my transparency initiative, spending over Robert Neill: A table detailing the available information £500 since 2008-09 is available for scrutiny on my on expenditure incurred by the Infrastructure Planning Department’s website. Commission through use of the Government Procurement Card since their inception on 1 October 2009 through Housing: Licensing to 22 July 2011 has been placed in the Library of the House Graham Jones: To ask the Secretary of State for My Department is committed to greater transparency Communities and Local Government how many over the use of the Government Procurement Card selective licensing areas were in existence in the latest than under the last Administration, and has strengthened period for which figures are available; what their (a) checks and balances to ensure protection of taxpayers’ name, (b) location, (c) relevant local authority and money. (d) date of establishment is in each such case; how many houses are included in each such area; and what Charlie Elphicke: To ask the Secretary of State for proportion of those houses are owned by private Communities and Local Government what the (a) date landlords. [69466] of purchase, (b) amount, (c) supplier and (d) level 3 or enhanced transaction entry was of each transaction Andrew Stunell: 19 selective licensing designations in undertaken by the London Thames Gateway Development 14 local authority areas were granted approval by the Corporation using the Government Procurement Card Department before the general consent for selective in (i) 2007-08, (ii) 2008-09 and (iii) 2009-10. [68894] licensing schemes was introduced on 1 April 2010. These were as follows: Robert Neill: The London Thames Gateway Development Corporation does not use the Government Local authority Designation Commencement Procurement Card. Salford City Seedley and Langworthy 25 May 2007 Council Charlie Elphicke: To ask the Secretary of State for Broughton Ward 2 November 2009 Communities and Local Government what the (a) Middlesbrough Gresham & Middlehaven ward 5 June 2007 date of purchase, (b) amount, (c) supplier and (d) Council level 3 or enhanced transaction entry was of each Manchester City Moston 3 August 2007 transaction undertaken by the Valuation Tribunal Council Service using the Government Procurement Card in Bradford ward 3 August 2007 (i) 2007-08, (ii) 2008-09 and (iii) 2009-10. [68896] Gorton Ward 2 November 2007 Gateshead Sunderland road 25 September 2007 Grant Shapps: Purchases using the Government Council Procurement Card for the Valuation Tribunal Service Chopwell 11 January 2010 covering the financial years of 2007-08, 2008-09 and Sedgefield Dean Bank & Chilton West 7 February 2008 2009-10 are listed in an Excel spreadsheet which has Council been placed in the Library of the House. Burnley Council Trinity Ward 22 October 2008 Bolton Council Tonge with the Haulgh ward 10 November 2008 The figures in brackets show the number of persons Blackburn Infirmary area 17 February 2009 involved in those particular expenditures. Council My Department is committed to greater transparency Central Darwen 1 June 2009 over the use of the Government Procurement Card Leeds City East End/Cross Green 1 October 2009 than under the last Administration, and has strengthened Council checks and balances to ensure protection of taxpayers’ Easington Wembley 10 February 2009 Council money. 487W Written Answers6 SEPTEMBER 2011 Written Answers 488W

Robert Neill: The impact of the Government’s proposals Local authority Designation Commencement to allow local retention of business rates will depend on Hartlepool One designation including 1 May 2009 a range of factors, including future business rates growth Council Bum Valley, Dyke House, at the local level, the behavioural response to the changes, Foggy Furze, Grange and Stranton wards and the design of the scheme that is introduced. The LB of Newham Little Ilford 1 March 2010 Government have sought views on its proposals and, on Sunderland City Hendon 1 July 2010 19 August, published an interactive calculator that enables Council councils to make estimates of the main variables for Hyndburn Accrington & Church n/a their area, and to see the comparative impact of different Council approaches to scheme design. This will help to inform Information on the number of properties within each their responses to the consultation, as well as future designation, and the proportion of these that are privately decisions by the Government. rented is held by each individual local authority. Caroline Flint: To ask the Secretary of State for Graham Jones: To ask the Secretary of State for Communities and Local Government (1) pursuant Communities and Local Government which applications to his contribution following the oral statement of by local authorities for selective licensing areas have 18 July 2011, Official Report, column 666W, on local been rejected since 2006; and what the reasons were in government finance, what the evidential basis is for his statement that Doncaster would do better under his each such case. [69467] proposed scheme for localisation of business rates than Andrew Stunell: Prior to the general consent for selective it had under the existing funding system for the last five licensing schemes that came into force on 1 April 2010, years; [69002] no local authority applications for selective licensing (2) pursuant to his contribution following the oral schemes were rejected by the Department. statement of 18 July 2011, Official Report, column 670W, on local government finance, what the evidential Land basis is for the statement that Liverpool would benefit the most under his proposed scheme for localisation of Andrew Jones: To ask the Secretary of State for business rates. [69003] Communities and Local Government what guidance he has provided to local authorities on the procedures for Robert Neill: The average growth in business rates per disposing of surplus land. [69452] billing authority in England between 2005-06 and 2009-10 was 5%. For Liverpool, average growth over that period Robert Neill: Guidance on the disposal of local authority was 8.2%. In the same period, growth in Doncaster was land under the Local Government Act 1972 is given in 6%. Subsequent to the oral statement of 18 July 2011, ODPM Circular 06/2003, the ″General Disposal Consent Official Report, columns 662-677, further information (England) 2003, disposal of land for less than best on the outturn amount of national non-domestic rates consideration that can reasonably be obtained″: collected by local authorities and the associated amount http://www.communities.gov.uk/publications/ of relief they granted has been published and is available planningandbuilding/circularlocalgovernment at: Guidance on the disposal of local authority land held http://www.communities.gov.uk/localgovernment/ localregional/localgovernmentfinance/statistics/ under Housing Acts is given in the “General Housing nondomesticrates/outturn/ Consents 2005”, (for section 32 of the Housing Act 1985): Local Government: Debts http://www.communities.gov.uk/publications/housing/ generalhousing?view=Standard Conor Burns: To ask the Secretary of State for and in the ″General Consents 20l0″, (for section 25 of Communities and Local Government what information the Local Government Act 1988): he holds on the annual debt interest paid by each local http://www.communities.gov.uk/publications/housing/ authority in England in (a) 2009-10, (b) 2010-11 and consentsprivatelets?view=Standard (c) 2011-12. [69562] The following consultation was launched on 25 August Robert Neill: I have today placed in the Library of the seeking views on simplifying the legislation that governs House a table that gives information on interest payable the disposal of council housing assets and how the and similar charges for each local authority in England receipts should be used: for 2009-10 (final outturn), 2010-11 (provisional outturn) http://www.info4local.gov.uk/documents/consultations/ and 2011-12 (budget estimates). 1972625 Mass Media Local Government Finance Gavin Williamson: To ask the Secretary of State for Caroline Flint: To ask the Secretary of State for Communities and Local Government what the cost to Communities and Local Government pursuant to the the public purse was of his Department’s national oral statement of 18 July 2011, Official Report, media coverage evaluations in each month between columns 662-64, on local government finance, what June 2007 and May 2010. [68365] modelling his Department has carried out on the likely change to each local authority budget that will occur in Robert Neill: The Department did not conduct, or each of the next five years under his proposed scheme commit funds to, any formal ongoing analysis or evaluation for localisation of business rates. [69001] of national media coverage during this period. 489W Written Answers6 SEPTEMBER 2011 Written Answers 490W

The Department did have a contract throughout this a stable starting point, so that no local authority will be period with an external supplier to provide a daily worse off as a result of its business rates base at the national press cuttings service. outset of the new system. Costs for this service totalled £312,759.66 for the The impact of the Government’s proposals will depend period from April 2008 to May on a range of factors, including future business rates 2010, broken down as: growth at the local level, the behavioural response to the changes, and the final design of the scheme following £ consultation. The Government have sought views on its proposals and, on 19 August, published eight technical April 2008 to March 2009 165,617.50 papers which provide further details on the proposals, April 2009 to March 2010 131,315.15 together with an interactive calculator. The calculator April 2010 to May 2010 15,827.01 enables users to explore the possible effects of certain Data for the preceding period could be provided only scheme design options based upon their own assumptions at disproportionate cost. about local circumstances. I refer my hon. Friend to my answer of 7 December The proposals incorporate a range of protections to 2010, Official Report, column 178W, to my hon. Friend ensure councils can meet local needs, including a safety the Member for Harlow (Robert Halfon) on the steps net for places in need of additional support, funded by the new administration have taken to reduce spending a levy recovering a share of disproportionate gain. in this area. Metals: Theft Michael Dugher: To ask the Secretary of State for Communities and Local Government what assessment Bridget Phillipson: To ask the Secretary of State for he has made of the potential effects of his proposed Communities and Local Government what information changes to local business rates on equality of financial he holds on the cost of metal theft to local authorities in resources between local authorities. [68053] each of the last six years. [69810] Robert Neill: The Government published their proposals Robert Neill: The information requested is not held for business rate retention in ‘Local Government Resource centrally. Review: Proposals for Business Rates Retention’ on Minister for Cities 18 July 2011. This paper was supplemented by the publication on 19 August 2011 of a set of technical Zac Goldsmith: To ask the Secretary of State for papers which provide more detail on the proposals. Communities and Local Government what ministerial The proposed system of tariffs and top ups will responsibilities the Minister for Cities has in relation to ensure a stable starting point, so that no council is London. [69536] worse off as a result of its business rates base at the outset of the scheme. From that point on, councils will Greg Clark: As Minister for Cities I will champion keep a share of business rates increases, providing a the economic, social and environmental role of cities strong incentive for them to promote growth. The including London and support them in seizing the consultation paper proposes a range of protections to opportunities to create growth and prosperity across ensure that councils can meet local needs, including a the country. London is clearly our largest city in terms safety net for places in need of additional support, of its population and its economy—but it also has funded by a levy recovering a share of disproportionate different issues and a very different governance settlement gain. from other cities. Therefore I will initially focus on the At the same time as publishing the technical papers, core cities and their surrounding areas. The core cities the Government also made available an interactive represent the eight largest cities outside of London calculator which enables users to explore the principal (based on the population of the Primary Urban Area): features of the proposed business rates retention scheme Birmingham, Bristol, Leeds, Liverpool, Manchester, by entering their own inputs and varying components. Newcastle, Nottingham, and Sheffield. Non-domestic Rates Michael Dugher: To ask the Secretary of State for Communities and Local Government whether he has Michael Dugher: To ask the Secretary of State for consulted poorer local authorities on his proposed Communities and Local Government (1) if he will changes to local business rates; and what the outcome estimate the likely difference in business rates revenues was of any such consultation. [68054] between local authorities with the (a) highest and (b) lowest funding growth one year after the implementation of his proposed changes to local business rates; [68050] Robert Neill: In developing proposals for changes to business rates, the Local Government Resource Review (2) what estimate he has made of the likely change in engaged with a number of key partners, including local the level of revenue for (a) Surrey county council, (b) government representative bodies such as the Local Bury council and (c) Barnsley council as a result of his Government Association, the Special Interest Group of proposed changes to local business rates. [68051] Municipal Authorities (SIGOMA), and London councils. Robert Neill: The Secretary of State set out proposals The proposals are set out in the consultation document to allow local retention of business rates in his oral “Local Government Resource Review: Proposals for statement to the House on 18 July 2011, Official Report, Business Rates retention” which was published on 18 July column 662-677. The Government’s proposals will ensure 2011, and in eight technical papers published, along 491W Written Answers6 SEPTEMBER 2011 Written Answers 492W with an interactive calculator, on 19 August 2011. The do not propose any change to these resources during consultation seeks views from across local government the remainder of the spending review period. If, following and the business community by 24 October. the introduction of the scheme, business rate growth is achieved above forecast levels, the benefit of this will sit Michael Dugher: To ask the Secretary of State for with local authorities. Communities and Local Government what assessment he has made of the time which will be required to Caroline Flint: To ask the Secretary of State for implement his proposed changes to local business rates Communities and Local Government (1) with reference in order to ensure that the model delivered is to his Department’s consultation on proposals for sustainable. [68055] business rates retention, July 2011, paragraph 3.25, what share of disproportionate financial gains would Robert Neill: The Government published proposals be recouped by his Department under his proposals; for business rate retention in: “Local Government Resource [69342] Review: Proposals for Business Rates retention” on (2) with reference to his Department’s consultation 18 July 2011. Subject to the responses to that consultation, on proposals for business rates retention, July 2011, the Government intend to bring forward legislation paragraph 3.25, what definition his Department plans later in this Session with a view to introducing business to use of disproportionate financial gains. [69343] rates retention from April 2013.

Michael Dugher: To ask the Secretary of State for Robert Neill: As set out in the consultation paper Communities and Local Government (a) how many “Local Government Resource Review: Proposals for and what types of local businesses and (b) which local Business Rates Retention”, published on 18 July, the authorities he has consulted on his proposed changes Government proposes to collect a levy recouping a to local business rates. [68056] share of disproportionate benefit and use the proceeds to fund a safety net to help manage large, unforeseen Robert Neill: I refer the hon. Member to the answer I negative volatility in individual authorities’ budgets. gave the hon. Member for Liverpool, Wavertree (Luciana The main consultation paper seeks views on a number Berger) on 12 May 2011, Official Report, column 1322W. of options for setting the levy, which are discussed in The Government published their proposals for business further detail in “Technical Paper 5: Tariffs, Top-up and rate retention in: “Local Government Resource Review: Levy Options”, published on 19 August and can be Proposals for Business Rate Retention” on 18 July, found at: seeking views by 24 October. We are keen to encourage http://www.communities.gov.uk/localgovernment/ responses from all interested parties, including local localgovernmentfinance/lgresourcereview/ government and the business community. The Government are seeking responses by 24 October.

Michael Dugher: To ask the Secretary of State for Caroline Flint: To ask the Secretary of State for Communities and Local Government how he plans to Communities and Local Government with reference to maintain the ability of poorer local authorities to his Department’s consultation on proposals for business deliver services according to needs when implementing rates retention, July 2011, paragraphs 4.8 to 4.10, how his proposed changes to business rates. [68058] business rates revenues collected through the central list will be distributed. [69344] Robert Neill: The Government published proposals for business rate retention: “Local Government Resource Robert Neill: Business rates revenues from the central Review: Proposals for Business Rate retention” on list will form part of the forecast national business rates. 18 July 2011, seeking responses by 24 October 2011. The Government set out details of their proposals, The proposed system of tariffs and top ups will including how they propose to derive individual authorities’ ensure a stable starting point, so that no council is business rates baselines from the forecast national business worse off as a result of its business rates base at the rates, in a series of Technical Papers published on outset of the scheme. From that point on, councils will 19 August 2011. keep a share of business rates increases, providing a strong incentive for them to promote growth. The consultation paper proposes a range of protections to Austin Mitchell: To ask the Secretary of State for ensure that councils can meet local needs, including a Communities and Local Government whether he has safety net for places in need of additional support, considered changing the non-domestic rating funded by a levy recovering a share of disproportionate legislation to ensure that large retrospective rate gain. demands cannot be levied on newly-rated companies. [69454] Michael Dugher: To ask the Secretary of State for Communities and Local Government what assessment Robert Neill: The Government published a consultation he has made of the potential change in the total paper on business rates retention on 18 July 2011 and a resources available to local authorities resulting from further eight technical papers, which provide more details his proposed changes to local business rates. [68239] of the Government’s proposals, on 19 August. Technical Paper6-Volatility, seeks views on the issue Robert Neill: The total resource available to local of backdated rating assessments in the context of the authorities was set out in the spending review 2011-12 Government’s proposals for change. The papers can be and is set for four years until 2014-15. The Government found at: 493W Written Answers6 SEPTEMBER 2011 Written Answers 494W

http://www.communities.gov.uk/publications/ Planning: Methane localgovernment/resourcereviewbusinessrates and the consultation remains open until 24 October 2011. Zac Goldsmith: To ask the Secretary of State for Communities and Local Government what recent Non-domestic Rates: Sunderland progress he has made in reforming the planning system to support the injection of biomethane into the Mrs Hodgson: To ask the Secretary of State for national gas grid. [69236] Communities and Local Government how much Sunderland has (a) contributed to and (b) drawn from the national non-domestic rating pool in the last five Robert Neill: The Government are reforming the financial years. [67104] planning system to ensure that the sustainable development needed to support economic growth is able to proceed Robert Neill: The following table gives details of how as easily as possible. This embraces a range of measures much Sunderland city council has (a) contributed to which should make it easier to obtain planning permission and (b) received from the national non-domestic rating for appropriately sited anaerobic digestion plants. pool in the period 2006-07 to 2010-11. Anaerobic digestion plants are a maximum 8 MW, so these are all local planning decisions governed by the £ million planning framework and guidance. We consider that Redistributed non- local authorities are best placed to manage the waste Non-domestic rates domestic rates management needs for their area; and to best deliver paid into the pool received workable renewable energy. Through our proposals for 2006-07 65.8 116.6 reforming the planning system we are creating the right 2007-08 70.2 121.0 framework to facilitate a significant increase in the 2008-09 72.8 132.9 amount of energy from waste through anaerobic digestion. 2009-10 76.1 125.6 Our reforms sit alongside the Anaerobic Digestion Strategy 2010-11 73.1 137.5 and Action Plan, published by DEFRA in June 2011, where the Government are making £10 million available The data in respect of non-domestic rates paid into to promote use of anaerobic digestion (food waste). the pool are taken from the annual audited national DCLG facilitate a forum/hold regular meetings to non-domestic rates (NNDR3) returns submitted by discuss and understand planning reform as they affect Sunderland city council. anaerobic digestion. Following the recent publication The data in respect of redistributed non-domestic of the draft National Planning Policy Framework, work rates received by Sunderland city council are taken from is ongoing to consider links between the planning system the annual local government finance settlement. and its support for injection of biomethane into the On 18 July, the Government published proposals to national gas grid. allow the local retention of business rates. The Government’s proposals will ensure a stable starting point, so that no local authority will be worse off as a Private Rented Housing result of its business rates base at the outset of the new system. The consultation paper proposes a range of protections to ensure that councils can meet local needs, Jonathan Evans: To ask the Secretary of State for including a safety net for places in need of additional Communities and Local Government what steps he is support, funded by a levy recovering a share of taking to stimulate investment by third-party insurance disproportionate gain. and pension funds in the private rented housing sector; and if he will make a statement. [69731] There is no basis for the suggestion made by the hon. Member in her local media that Sunderland city council “will lose up to £58 million”. That is simply wrong. Andrew Stunell: The changes to Stamp Duty Land Tax on bulk purchases which the Government announced Office of Government Commerce in the 2011 Budget should help larger-scale investors, including landlords and property management companies, to take on larger portfolios. The commitment to look Owen Smith: To ask the Secretary of State for again at the rules on Real Estate Investment Trusts in Communities and Local Government whether his time for next year’s Budget should also offer encouragement Department has issued guidance to local authorities to investors in the sector. requiring them to implement the Office of Government Commerce Procurement Policy Note - Information Note More broadly, the Government are committed to 09/09. [69338] supporting homeownership but we also recognise that a strong private rental sector is required to provide a Robert Neill: The Department for Communities and flexible alternative. We want to ensure the housing Local Government has not issued guidance to local market is stable and responds to demand. authorities requiring them to implement the Office of Achieving this depends above all on the return to Government Commerce Procurement Policy Note - economic and financial stability which the Government Information Note 09/09. are seeking to achieve through debt reduction and its Such Policy Procurement Notices are sent out widely commitment to abolish the structural deficit. This will throughout the public sector by Cabinet Office, including help to keep interest rates low, improve credit availability to local authorities. and free up lending. 495W Written Answers6 SEPTEMBER 2011 Written Answers 496W

Travellers: Caravan Sites Departments. The 2010-11 figures are currently provisional and could be subject to change. Finalised 2010-11 figures Caroline Lucas: To ask the Secretary of State for will be released in November 2011. Communities and Local Government pursuant to the Comparison across years may not be valid owing to answer of 6 July 2011, Official Report, column 1235W, changing local authority responsibilities and changes to on Travellers: caravan sites, what consideration his funding methodology (in particular, the 2005-06 figure Department gave to including a reference to the includes education funding, which was removed from proposed duty to co-operate in the main body of the formula grant in later years). Planning for Traveller Sites consultation document of 13 April 2011. [67983] Written Questions: Government Responses

Robert Neill [holding answer 5 September 2011]: The Gavin Williamson: To ask the Secretary of State for consultation on the Government’s draft planning policy Communities and Local Government when he plans to for traveller sites ended on 3 August. The Government respond to the Questions 67689 and 67706, on the are considering the responses and intend to publish Planning Inspectorate, tabled on 14 July 2011 for their new policy as soon as possible. answer on 19 July 2011. [68796] The Government are consulting on their draft ‘National Planning Policy Framework’ until 17 October. Planning Robert Neill: Question 67706 was answered on 20 July policy on traveller sites will eventually be incorporated 2011. Question 67689 was answered on 5 September 2011. into the framework. We are introducing a duty to cooperate through the Localism Bill. This will require local councils, county councils and other public bodies to engage constructively, ENERGY AND CLIMATE CHANGE actively and on an ongoing basis in the planning process. As part of the Government’s consultation on the draft Biofuels Framework, we welcome views from Members on whether the policies for planning strategically across local boundaries, including the duty to co-operate, provide a clear framework Zac Goldsmith: To ask the Secretary of State for and enough flexibility for councils and other bodies to Energy and Climate Change what recent progress he work together effectively. has made in reforming the regulatory framework to support the injection of biomethane into the national Warwickshire County Council gas grid. [69244] Charles Hendry: In March this year we announced Chris White: To ask the Secretary of State for details of the Renewable Heat Incentive, including long Communities and Local Government what funding his term tariff support for bio-methane connecting to the Department provided to Warwickshire county council gas network. In the same month Ofgem published its in each year since 2005. [69498] decision on the strategy for the next transmission and gas distribution price controls RIIO (Revenue = Incentives Robert Neill: The total grant funding allocated by the + Innovation + Outputs). Department of. Communities and Local Government to Warwickshire county council is as follows: This contained a number of measures to support biomethane injection into the gas grid: Warwickshire 1. incentives in the financial framework for gas network companies £000 to ensure that they do not incur additional costs for connecting biomethane to the grid, this will ensure network companies do 2005-06 333,071 not have a disincentive to connecting biomethane; 2006-07 95,032 2. obligations on the network companies to develop information 2007-08 97,093 provisions for connectees on how biomethane producers can 2008-09 129,340 connect to the grid. This is in the process of being drafted into the 2009-10 126,157 Gas Transporter licence; 2010-11 130,388 3. a requirement that gas networks companies need to introduce voluntary standards of service for biomethane customers connecting The definition of central Government grant used to the grid; here is the sum of: 4. £140 million under the Network Innovation Competition to formula grant (revenue support grant and redistributed non- trial new technologies like biomethane on the grid, plus a further domestic rates) 0.5 to 1% of each GDN’s allowed revenue is allocated to innovation specific grants inside Aggregate External Finance (i.e. revenue funding. grants paid for council’s core services) (only includes grants Further information can be found in Ofgem’s 27 July from this Department) factsheet on biomethane: specific grants outside Aggregate External Finance (only includes http://www.ofgem.gov.uk/Media/FactSheets/Documents1/ grants from this Department) biomethanearenewablegassourceFS.pdf Area Based Grant (from 2008-09), and My officials are working with National Grid (NG) ‘other grants’ provided by all Government Departments. and Ofgem to determine whether propane should be These figures are taken from revenue outturn forms added to biomethane before injection into the grid, with provided by authorities after the end of a financial year. a view to finding the most supportive solution for Figures for formula grant, Area Based Grant and other biomethane producers consistent with maintaining grants are aggregated grants for all Government necessary gas quality standards. 497W Written Answers6 SEPTEMBER 2011 Written Answers 498W

Zac Goldsmith: To ask the Secretary of State for Gregory Barker: We will consider the compatibility of Energy and Climate Change what recent assessment he the EPS with EU law as we develop the proposals and has made of the merits of a gas licence exemption for will discuss them with the Commission as appropriate. onshore gas production for the purposes of making it There is no requirement to obtain clearance from the easier to inject biomethane from an anaerobic Commission before proceeding with the EPS. digestion plant into the gas grid. [69245] Huw Irranca-Davies: To ask the Secretary of State Charles Hendry: The Government are working with for Energy and Climate Change whether the level at range of delivery partners to consider whether it is which the Emissions Performance Standard will be set appropriate to amend regulations which currently apply will vary across different parts of the UK. [69877] to biogas injection from anaerobic digestion plant, with Gregory Barker: The Government’s position is that the purpose of making injection easier. the framework of the Emissions Performance Standard In addition the Health and Safety Executive is working regime should, as far as possible, cover the whole of with network companies to assess whether the maximum the UK and is working closely with the Devolved permissible levels of oxygen and contaminant matter in Administrations in Scotland, Wales and Northern Ireland grid gas can be safely increased to reduce the costs of to achieve this in a way which takes appropriate account cleaning biogas for injection. of their policy preferences, existing market arrangements DECC is considering the case for further reducing and respective devolution settlements. potential regulatory burdens by providing a gas licence exemption for those, including AD plant, who produce Huw Irranca-Davies: To ask the Secretary of State gas onshore and expects to publish a consultation in for Energy and Climate Change when he plans to due course. publish details of the Emissions Performance Standards specific exemptions for plant (a) forming British Coal Utilisation Research Association part of the UK’s Carbon Capture and Storage (CCS) Demonstration Programme and (b) benefiting from European funding for commercial-scale CCS projects. Martin Horwood: To ask the Secretary of State for [69883] Energy and Climate Change which public authority holds the company, operational and insurance records Charles Hendry: The Government confirmed in the of the British Coal Utilisation Research Association, a Electricity Market Reform White Paper published on subsidiary of the British Coal Corporation; and where 12 July 2011 that exemptions to the EPS will apply to these records are now located. [69041] plant forming part of the UK Carbon Capture and Storage (CCS) Demonstration Programme, or benefiting Charles Hendry: The British Coal Utilisation Research from European funding for commercial scale CCS. We Association (BCURA) became a wholly owned subsidiary are considering the options on how to implement an of British Coal in 1969. British Coal was a very large exemption and will be discussing the detailed design company with records spread over numerous sites. Over with stakeholders over the coming months to help us the course of time many of those records were lost or prepare for legislation. destroyed. Those that remain that are under the Department’s control, including the remaining BCURA Climate Change: Finance records relating to the period while it was in British Coal ownership, are held by the Departments records Luciana Berger: To ask the Secretary of State for management contractor, Iron Mountain, at their facility Energy and Climate Change what proportion of the in Stafford. disbursement of climate finance due to be complete by April 2015 has been disbursed to date; and how much As for the period after BCURA left the ownership of such funding has been disbursed. [68744] British Coal, BCURA are responsible for those records and the question should be directed to BCURA for that Gregory Barker: As of November 2010, the UK period and for any documents transferred to them at Government have approved a total of £568 million in that time. However we are also aware that the Coal 2010-11 towards their commitment of £1.5 billion in Research Establishment (CRE) deposited a number of Fast Start finance over 2010-12. This is over one third records outside the British Coal archive system. We do of our total and we are on track to meet our commitment. not know the nature and extent of those deposits. One An updated figure will be provided on the Fast Start potential source of further enquiries is with the North finance website at: of England Institute of Mining and Mechanical Engineers http://www.faststartfinance.org/content/contributing- in Newcastle-upon-Tyne. A review of that Institute’s countries annual report for 2008-09 indicates that at least some CRE/BCURA records/libraries are held by them. The in advance of Durban. National Archives also hold some documents related to The Government have £2.9 billion to spend on BCURA. international climate finance over the spending review period 2011-12 to 2014-15. Carbon Emissions Combined Heat and Power: Carbon Emissions

Huw Irranca-Davies: To ask the Secretary of State Huw Irranca-Davies: To ask the Secretary of State for Energy and Climate Change when he expects to for Energy and Climate Change whether he plans to receive notification of whether his plans for an bring forward proposals to prevent the Emissions Emissions Performance Standard comply with EU law. Performance Standard from creating disincentives to [69850] investment in combined heat and power. [69867] 499W Written Answers6 SEPTEMBER 2011 Written Answers 500W

Gregory Barker: The Government remain committed PQ16752 that the Government had announced a more to supporting the development of good quality combined specific and innovative approach to efficiency and reform heat and power. We will therefore give careful consideration across the public sector, including: to the treatment of CHP under the Emissions Performance a reduction in administration budgets of 34% across the whole Standard. We will be discussing the detailed design of of Whitehall and its arm’s length bodies saving £5.9 billion a the instrument with stakeholders over the coming months year by 2014-15; to help us prepare for legislation to ensure we avoid radically reducing the number of arm’s length bodies across structuring it in a way which could act as a disincentive Government; and to investment in CHP. the Efficiency and Reform Group’s tough new efficiency regime which will drive savings in procurement, major projects and Departmental Manpower estate management; and that, in result, Departments would no longer be Huw Irranca-Davies: To ask the Secretary of State required to report against the previous Government’s for Energy and Climate Change what staffing he plans failed efficiency target. to provide for his Department’s new office to promote In August 2011, the Minister for the Cabinet Office national energy efficiency. [69864] and Paymaster General, the right hon. Member for Horsham (Mr Maude), announced that the Efficiency Gregory Barker: Under current plans, the Energy and Reform Group’s new measures had saved £3.75 Efficiency Deployment Office will comprise up to 50 civil billion over 2010-11. servant posts in 2011-12. This impact was assessed using methodologies shown Departmental Procurement at Annex A. The assessment has been independently verified by Government auditors who found the benefits Owen Smith: To ask the Secretary of State for Energy assertions to be fairly calculated and presented. and Climate Change what methodology (a) his These savings are borne out in Department accounts. Department and (b) the non-departmental public Note 12 of the Department of Energy and Climate bodies for which he is responsible used to estimate Change’s (DECC’s) Report and Accounts 2010-11 (HC savings to the public purse made in respect of its 1009) reports that non-pay Gross Admin Costs for procurement and purchasing since May 2010. [69278] DECC, excluding non-cash costs, reduced from £40.9 million in 2009-10 to £29.3 million in 2010-11. Figures Gregory Barker: On 15 November 2010, Official Report, in this report are prepared in accordance with HM columns 615-16W, the Chief Secretary to the Treasury, Treasury’s Financial Reporting Manual for central the right hon. Member for Inverness, Nairn, Badenoch Government Departments and associated Treasury resource and Strathspey (Danny Alexander), said in response to accounting and budgeting guidance.

Annex A: Activity and Calculation Method Area Activity description Evidence base/calculation

Consulting Government put in place a moratorium on new Savings are calculated by subtracting total departmental consulting spend, and extensions to existing reported spend on consultancy for 2010-11 from total contracts. Where spend was considered departmental reported spend on consultancy for 2009-10. operationally critical (for example, where it To reduce the risk of costs shifting between categories, we might put at risk critical services) an exception also monitored expenditure on other Professional Services process existed for Department Ministers to categories, including contingent labour. sign off expenditure over £20,000.

Crown Commercial Government has renegotiated deals with some The method of calculation varies according to the initiative of the largest suppliers to Government. that yields the saving, but was based on cash releasing savings against a baseline of what would have otherwise been spent. This was often price savings against the previous price paid. Savings agreed with suppliers are recorded in Memoranda of Understanding as guaranteed-in-year or conditional-in-year savings. Realised savings were subsequently tracked back to departmental verification of supplier progress reports.

Contingent Labour Government has significantly cut the number of Savings are calculated by subtracting total departmental temporary staff. reported spend on contingent labour for 2010-11 from total departmental reported spend on contingent labour for 2009- 10.

Communications Government froze all new marketing spend Calculations compare departmental spend on marketing unless it is an operational necessity. Where and advertising through COI for 2010-11 with that for 2009- spend was proposed, ministerial sign-off was 10. required for £20,000 or above. 501W Written Answers6 SEPTEMBER 2011 Written Answers 502W

Annex A: Activity and Calculation Method Area Activity description Evidence base/calculation

Centralising Procurement Government has started to centralise spend on For each initiative, calculations are performed using common goods and services to drive down individual benefit methodologies that set out how savings prices. These savings derive from the 10 will be calculated against an 2009-10 price baseline. categories of expenditure targeted for Evidence is management information provided by suppliers. centralisation, and relate to price savings through increased aggregation.

ICT We implemented: (a) a moratorium on all new Calculations are based on departmental reports of spend ICT spend above £1 million; and (b) a review of that has not proceeded. Spend that has not gone ahead in all on-going ICT commitments. Departments 2010-11 is recorded, as a result of stopping or reducing also reported those projects that were closed spend. Further, sustainable savings are targeted through the before undergoing the review. Government ICT strategy.

Major Projects We reviewed the Government’s biggest projects HMT have provided assurance that the relevant amounts to see where 2010-11 costs could practically be were removed from departmental budgets following the reduced within contractual constraints, or Major Projects related negotiations. wasteful projects stopped altogether. We have halted or curtailed spend on four projects: 14-19 Reform—£60 million Identity Cards—£50 million Highways Agency Projects—£54 million Whole Farm—£5 million We have redacted £22 million of potential double counting from these figures, that arises between this work and our supplier renegotiation work stream. £14.9 million arises from the Home Office National Identity Cards and £6.7 million from DEFRA Whole Farm.

Property We put in place national property controls such Calculations are property by property based on the amount that signature of new property leases or lease departments have reported saved through the Government’s extensions were approved centrally. It has not property database by non-renewal of property leases at lease always been possible to net off all costs breaks or upon lease expiry. associated with vacating buildings. However, we have also not claimed savings in respect of revenue from property disposals.

Departmental Telephone Services Helpline Cost 2011-12 Purpose

Low Carbon No designated Operated until July Nia Griffith: To ask the Secretary of State for Energy Buildings funding as it was 2011. Fielded and Climate Change how much funding he has Programme (LCBP) contained in the general enquiries, allocated to each telephone helpline operated by his helplines general LCBP such as the Department in 2011-12; and what the purpose is of budget. possibility of exchanging LCBP each such helpline. [68554] grants for Feed-In Tariffs.

Gregory Barker: The Department is operating the Confidential No disaggregated DECC contracts following helplines in 2011-12: employee helpline figure available—the with Personal helpline is paid for Performance as part of the Consultants (UK) Helpline Cost 2011-12 Purpose overall PPC service. Ltd service to provide a telephone DECC Enquiry £89,000 Provides an initial and e-mail helpline Line and night duty point of telephone related to personal office contact for all issues including public enquiries, at managing stress, any time of day, personal work routing these to the problems, appropriate part of counselling, the Department. bereavement, family National No disaggregated Provides an enquiry issues and career Concessionary Fuel figure available—the service for former discussions as part Office (NCFG) helpline is paid for British Coal of a wider enquiry line as part of the employees regarding Employee overall NCFO their entitlements Assistance Scheme. service. (where eligible) to benefit under the National Concessionary Fuel Scheme. 503W Written Answers6 SEPTEMBER 2011 Written Answers 504W

been the case with successive administrations, it is not Helpline Cost 2011-12 Purpose the Government’s practice to provide details of all such Combined Heat and £96,000 Provides e-mail, meetings. Power helpline electronic and telephone support Electricity and guidance to industry on technical Huw Irranca-Davies: To ask the Secretary of State development and for Energy and Climate Change (1) what meetings he quality assurance of Combined Heat and has had with (a) the Chancellor of the Exchequer, (b) Power projects. the Secretary of State for Business, Innovation and Oil and Gas Portal c.£125,000 for Provides helpdesk Skills and (c) the Secretary of State for Environment, helpdesk regulatory issues and industry Food and Rural Affairs on his Department’s White plus c.£60,000 for support for the Paper on electricity market reform; [69816] environmental Portal, which issues conducts all oil and (2) what representations he has received from gas regulatory ministerial colleagues on his Department’s White business processes Paper on electricity market reform; [69817] electronically, (3) if he will publish the (a) dates and (b) minutes of including environmental meetings he has held with representatives of each of aspects. the devolved Administrations on electricity market Electricity Portal c.£90,000 Provides helpdesk reform. [69871] helpdesk and industry support for the Charles Hendry: In keeping with good practice for Portal, which issues any area of policy development, the Secretary of State consents for overhead lines, for Energy and Climate Change, my right hon. Friend compulsory the Member for Eastleigh (Chris Huhne) discussed his purchases etc. proposals on electricity market reform with Ministers in Energie Helpline No disaggregated Provides support other Government Departments prior to seeking Cabinet figure available—the and advice to UK clearance for the White Paper. helpline is paid for companies and as part of the research DECC Ministers have regular discussions with Ministers overall Energie organisations in the devolved Administrations on a range of climate service bidding for EU and energy related issues. As has been the case with energy technology successive administrations, it is not the Government’s research, practice to provide details of all such meetings. development and demonstration funding. Huw Irranca-Davies: To ask the Secretary of State Warm Front No disaggregated Provides advice for Energy and Climate Change how many expressions helpline figure available—the about all aspects of of interests he has received from electricity sector helpline is paid for the Warm Front companies that will be willing to provide additional as part of the scheme. generating capacity under a capacity mechanism. overall Warm Front [69859] service Charles Hendry: My right hon. Friend the Secretary Departmental Work Experience of State for Energy and Climate Change has neither received nor sought any firm expressions of interest Bridget Phillipson: To ask the Secretary of State for from electricity sector companies that might provide Energy and Climate Change how many (a) persons additional capacity under a capacity mechanism. undertaking unpaid work experience, (b) unpaid We are currently consulting on the type of capacity interns and (c) other persons in unpaid positions were mechanism to be introduced and intend to take a decision working in his Department as of 1 July 2011. [69509] around the turn of the year. Ensuring a mechanism provides incentives to ensure sufficient capacity (including Gregory Barker: As of 1 July 2011, there was (a) both generation and non-generation capacity such as nobody undertaking unpaid work experience; (b) one demand side response) is in place to provide security of paid intern and no unpaid interns; and (c) nobody in supply is a key criterion for that decision. unpaid positions working in the Department of Energy and Climate Change. Huw Irranca-Davies: To ask the Secretary of State for Energy and Climate Change by what date he Devolution expects to receive state aid clearance for his proposed electricity market reform mechanisms. [69873] Huw Irranca-Davies: To ask the Secretary of State for Energy and Climate Change when he last met Charles Hendry: We will engage closely with the representatives of the devolved Administrations; and European Commission to ensure our policies on electricity what matters were discussed. [69818] market reform are consistent with the appropriate rules on state aid. Where state aid clearance is required, and Gregory Barker: All DECC Ministers have regular as per all other state aid cases, the time it takes will discussions with Ministers in the devolved Administrations depend on the specific policies in question and/or discussions on a range of climate and energy related issues. As has with the Commission. 505W Written Answers6 SEPTEMBER 2011 Written Answers 506W

Electricity Generation discussing the detailed design of Electricity Market Reform (EMR) instruments with stakeholders, including Devolved Huw Irranca-Davies: To ask the Secretary of State Administrations and the European Commission for Energy and Climate Change what assessment his publishing a technical update at the turn of the year setting out Department has made of barriers to entry and growth further detail on the Capacity Mechanism and institutional in electricity generation and supply markets for arrangements for delivering EMR independent generators and suppliers. [69878] aiming to introduce primary legislation for EMR in the second session of Parliament, which starts in May 2012 Charles Hendry: The Electricity Market Reform White making the necessary administrative arrangements to prepare Paper set out the Government’s assessment of barriers the chosen delivery organisation(s) to deliver EMR to entry in particular the problems caused by low levels ensuring a smooth transition to the new market arrangements of liquidity in the electricity wholesale market. Ofgem supporting the principle of no retrospective changes for low are consulting on proposals to address market liquidity. carbon investments, and Market participants have also raised concerns about working with relevant parties to enable early investment decisions other potential barriers to entry including limited routes to progress to timetable wherever possible. to market. To the extent that such concerns are substantiated and have not been addressed by Ofgem’s the Government Huw Irranca-Davies: To ask the Secretary of State will take appropriate steps to address them. for Energy and Climate Change what estimate he has In addition, we are cutting red tape for smaller suppliers made of the amount of existing electricity generating to boost competition in retail markets, while Ofgem is capacity that will be decommissioned in each of the tackling other barriers to effective competition, such as next 10 years. [69888] tariff complexity. Charles Hendry: For most power plants, the Huw Irranca-Davies: To ask the Secretary of State for decommissioning date is a matter for the owners of the Energy and Climate Change what steps his Department plant and is not estimated by the Department of Energy plans to take to ensure the implementation of those and Climate Change. policies outlined in Planning our electric future: a White Paper for secure, affordable and low carbon electricity. However, some power plants have regulated [69880] decommissioning dates, such as those covered by the large plant combustion directive (LCPD) as well as the Gregory Barker: Policies set out in the White Paper current fleet of nuclear power stations. These dates are will be implemented by: set out in the following table:

Station name Fuel Installed capacity (MW) Location Date of regulated retirement

Cockenzie coal 1,152 Scotland 31 December 2015 Ironbridge coal 940 West Midlands 31 December 2015 Tilbury B coal 1,063 East 31 December 2015 Ferrybridge coal 980 Yorkshire 31 December 2015 Didcot A coal 1,958 South East 31 December 2015 Kingsnorth coal 1,940 South East 31 December 2015 Hartlepool nuclear 1,190 North East 2019 Heysham 1 nuclear 1,160 North West 2019 Dungeness B nuclear 1,040 South East 2018 Wylfa nuclear 980 Wales 2012 Hunterston B nuclear 890 Scotland 2016 Hinkley Point B nuclear 870 South West 2016 Oldbury nuclear 217 South West 2012 Littlebrook D oil 1,370 South East 31 December 2015 Grain oil 1,300 South East 31 December 2015 Fawley oil 968 South East 31 December 2015 Notes: 1. All plant closing under the LCPD, i.e. the coal and oil plant in the above list must close on or before 31 December 2015. 2. The lifetime of nuclear plant can be extended, but only with the approval of the Health and Safety Executive’s Nuclear Installations Inspectorate (NII) and the Nuclear Decommissioning Authority.

Huw Irranca-Davies: To ask the Secretary of State includes a scenario for the capacity margin between for Energy and Climate Change if he will publish his 2011 and 2030, including the estimated impact of current estimate of the electricity sector capacity margin for policies as well as the low carbon measures being introduced each year between 2011 and 2020. [69895] as part of EMR. This is based on outputs of the Redpoint Energy Model and does not constitute a Charles Hendry: DECC does not currently publish formal estimate of the expected capacity margin. an estimate of the expected capacity margin. Clause 79 in the Energy Bill currently before Parliament The Electricity Market Reform (EMR) White Paper will require the Secretary of State to make an assessment published in July 2011: of the capacity needed to meet electricity demand in http://www.decc.gov.uk/assets/decc/11/policy-legislation/ Great Britain. This will be published in 2012 and in EMR/2176-emr-white-paper.pdf each subsequent year. The assessment will cover the 507W Written Answers6 SEPTEMBER 2011 Written Answers 508W four years following the year of its publication or any Electricity: Competition other periods that the Secretary of State specifies by order. Huw Irranca-Davies: To ask the Secretary of State for Energy and Climate Change what steps Ofgem is Huw Irranca-Davies: To ask the Secretary of State taking to (a) increase the ability of new entrants to the for Energy and Climate Change what estimate he has electricity market and (b) improve liquidity in the made of the level of electricity storage capacity in the electricity market. [69893] UK between (a) 2011 and 2015, (b) 2016 and 2020, (c) 2021 and 2025 and (d) 2026 and 2030. [69896] Charles Hendry: Following the Retail Market Review in March 2011, Ofgem put forward a range of proposals Charles Hendry: In DECC’s latest Energy and Emission to improve competition in the electricity supply market. projections (published June 2010), UK electricity storage For example, tariff simplification proposals are designed capacity was assumed to remain constant at 2.8GW. to make it easier for consumers to identify who is The assumption is the same in each scenario examined. offering the cheapest tariff and therefore to engage in However, analysis conducted using the 2050 Calculator the market. suggests that there remains uncertainty around the exact Ofgem’s work on electricity wholesale market liquidity extent to which electricity storage plays a role in the is also intended to support new entrants in supply and system in the long-term. Electricity storage features in generation markets. Ofgem has consulted on two possible many successful pathways that meet the 80% greenhouse interventions (the Mandatory Auction and Mandatory gas emissions reduction target while maintaining security Market Maker) and expect to publish an impact assessment of supply, and is likely to be an important technology at the end of this year. Ofgem’s proposals have been for the future. developed in order to make sure that independent supply Part 1 of the ‘2050 Pathways Analysis—response to and generation companies have access to the wholesale the call for evidence, March 2011’: products they need to operate effectively. http://www.decc.gov.uk/assets/decc/Consultations/2050/1343- 2050-pathways-analysis-response-pt1.pdf Electricity: Theft gives more details. Bridget Phillipson: To ask the Secretary of State for Huw Irranca-Davies: To ask the Secretary of State Energy and Climate Change pursuant to the answer to for Energy and Climate Change when he plans to (a) the hon. Member for Hyndburn of 29 June 2011, consult and (b) reach a decision on his plans for a Official Report, column 851W, on electricity industry capacity mechanism. [69897] theft, how many recorded security incidents took place between 1 February 2011 and 1 August 2011; and what information he holds on such incidents by (a) regional Charles Hendry: On 12 July, DECC published a and (b) local authority area. [69813] White Paper on electricity market reform, ″Planning Our Electric Future: a White Paper for secure, affordable and low-carbon energy″ Charles Hendry: Pursuant to my answer to the hon. Member for Hyndburn (Graham Jones) of 29 June http://www.decc.gov.uk/en/content/cms/legislation/ 2011, Official Report, column 851W, I can confirm that white_papers/emr_wp_2011/emr_wp_2011.aspx the Department does not collect information concerning The White Paper includes a consultation on possible security incidents relating to metal theft. The Energy models for a capacity mechanism. The consultation Networks Association, (ENA) on behalf of the energy closes on 4 October, and we intend to publish a decision sector manage a Security Incident Reporting System on the type of mechanism to be introduced around the (SIRS) database that collects data on security incidents turn of the year. experienced by electricity network operators. The SIRS database recorded 3797 security incidents over the period Huw Irranca-Davies: To ask the Secretary of State 1 February 2011 to 1 August 2011. for Energy and Climate Change when he expects to develop his policy on electricity systems. [69898] Energy

Charles Hendry: As set out in chapter 6 of the Electricity Mike Weatherley: To ask the Secretary of State for Market Reform White Paper, further work will take Energy and Climate Change if he will estimate the (a) place over the next year to develop policy on electricity total and (b) domestic level of UK energy consumption systems, with the aim of publishing an electricity systems in 2015. [69740] policy document in summer 2012. This will consider how electricity supply and demand is balanced in future Charles Hendry: Future UK energy consumption will given the challenges expected from more intermittent depend on a number of variables, including fossil fuel and inflexible generation and increasing demand. It will prices and the carbon price. Different assumptions about look at what changes might be required to the system these variables lead to different projections of consumption. framework and the incentives within it to ensure secure The results for the central scenario, published in DECC’s and efficient system balancing. This will include the latest Energy and Emission projections (June 2010): future role we expect different sources of flexibility to play including storage, demand side response, www.decc.gov.uk/en/content/cms/about/ec_social_res/ interconnection to other electricity markets and flexible analytic_projs/en_emis_projs/en_emis_projs.aspx generation plant. are below: 509W Written Answers6 SEPTEMBER 2011 Written Answers 510W

Energy Supply Central scenario 2015 (ktoe)

Total energy demand 217,804 Huw Irranca-Davies: To ask the Secretary of State for Energy and Climate Change if he will provide an update Final energy consumption 146,144 on recent progress with the (a) Offshore Transmission Of which: Coordination Project, (b) North Seas Countries’ Offshore Domestic sector 38,008 Grid Initiative, (c) All Islands Approach and (d) French- UK-Ireland region regulators forum. [69869] ‘Total energy demand’ includes use of all energy products within the UK, including those used for electricity Charles Hendry: The Offshore Transmission generation, transformation and non-energy uses. DECC Coordination Project is running through 2011 to consider will publish new energy and emission projections in the whether any additional measures will be required to autumn. deliver coordinated networks through the competitive offshore transmission regime. Eight stakeholder meetings and workshops have been held to date, details of which Huw Irranca-Davies: To ask the Secretary of State are published on the Ofgem website. DECC and Ofgem for Energy and Climate Change if he will list the aim to publish a joint conclusions report in the winter. meetings (a) he and (b) Ministers in his Department have had with representatives of independent energy In the first six months of the North Seas Countries’ Offshore Grid Initiative data were collected on the generators since May 2010. [69861] regulatory regimes, planning procedures and projected offshore generation and demand scenarios of the member Gregory Barker: All our meetings with external countries as the first step in identifying barriers to stakeholders are published on the Cabinet Office website co-ordinated European offshore grid development and in line with our transparency commitments. elaborating plausible configurations. Ministers and Heads of Administration from the Huw Irranca-Davies: To ask the Secretary of State for British Isles, the Republic of Ireland, the Channel Islands, Energy and Climate Change whether his Department and the Isle of Man agreed to co-operate in an All plans to undertake a review of UK energy usage in each Islands Approach to energy, including the potential for decade up to 2050. [69889] renewable energy trading, in the June 2011 British Irish Council held in London. Officials are putting together Charles Hendry: Maintaining a strong understanding delivery plans for the workstreams involved. of energy supply and demand is central to DECC’s The France-UK-Ireland region regulators’ forum has work. As well as doing this effectively on an ongoing agreed priorities and timed deliverables for the period basis, DECC formally reviews energy usage and reports 2011-2014 including the steps needed to implement the to Parliament as part of its statutory reporting framework EU target model for capacity allocation and congestion under, among others, the Climate Change Act 2008 and management on interconnectors in the region and the the Energy Act 2004. framework for interconnector investment. DECC also produces regular publications on UK energy usage on a monthly, quarterly and annual basis. Huw Irranca-Davies: To ask the Secretary of State The latest annual publication, the “Digest of UK Energy for Energy and Climate Change when he expects new Statistics” was published in July and is available in the rules to be brought forward on wholesale energy House of Commons Library. market integrity and transparency. [69874]

Charles Hendry: On 8 December 2010 the European Energy Performance Certificates Commission published a proposal for a regulation on energy market integrity and transparency (REMIT). This set out a regime for the regulation of electricity Zac Goldsmith: To ask the Secretary of State for and gas wholesale markets, including mechanisms for Energy and Climate Change with reference to the national energy regulators to detect and deter market Committee on Climate Change report, Meeting Carbon abuse, in co-operation with the Agency for the Co-operation Budgets - 3rd Progress Report to Parliament, June of Energy Regulators (ACER) and, where appropriate, 2011, when he plans to respond to the recommendation national financial regulators. Following negotiations in for the mandatory roll-out of display energy certificates Council working groups, an agreed text will be voted on to non-residential buildings. [69226] by the European Parliament on 12 September. The regulation will also need to obtain political agreement Gregory Barker: We recognise that there are potential by the Council of Ministers before coming into force. benefits in rolling out Display Energy Certificates (DECs) to commercial properties, and we continue to explore Huw Irranca-Davies: To ask the Secretary of State the options, while developing the evidence base for for Energy and Climate Change when he expects to achieving this without placing undue burdens on business. provide further clarification on the future role of (a) In relation to the 3rd Progress Report to Parliament demand side response, storage and interconnection and of the Committee on Climate Change, the Climate (b) the development of a smarter grid. [69875] Change Act 2008 requires the Government to lay a response to the annual progress reports of the Committee Charles Hendry: As set out in chapter 6 of the Electricity on Climate Change before Parliament no later than 15 Market Reform White Paper further work will take October every year. place over the next year to develop policy on electricity 511W Written Answers6 SEPTEMBER 2011 Written Answers 512W systems, with the aim of publishing a document in We are seeking to implement this proposal as well as summer 2012. This will consider the contribution demand the provision of comparative consumption information side response, storage and interconnection can make to through a voluntary agreement with energy suppliers, the efficient functioning of the electricity system. Work but we will legislate if a suitable voluntary agreement is also under way through the joint DECC and Ofgem cannot be reached. led Smart Grid Forum (SGF) to evaluate the likely new electricity demands distribution networks will face from Energy: Competition now to 2030, the contribution that smart technologies can make to manage these, and the develop an evaluation Huw Irranca-Davies: To ask the Secretary of State framework to assess the costs and benefits of such for Energy and Climate Change what estimate his approaches. Outputs from the SGF will be published in Department has made of the proportion of consumers the first quarter of 2012 and will help to inform the that will receive energy from one of the six largest investments made in the next distributed price control energy companies in (a) 2015, (b) 2020, (c) 2025 and review (RIIO-ED1) as well as the Government’s electricity (d) 2030. [69855] systems policy document. Charles Hendry: The Department does not estimate Huw Irranca-Davies: To ask the Secretary of State for the future market shares of competitors in the energy Energy and Climate Change whether his Department supply market. has made a recent assessment of the need for changes to Government are cutting red tape for smaller suppliers the offshore transmission regime. [69886] to boost competition in retail energy markets, while Ofgem is tackling other barriers to effective competition, Charles Hendry: DECC and Ofgem are currently such as tariff complexity and low wholesale market making an assessment of whether any additional measures liquidity, in its Retail Market Review. will be required to deliver coordinated networks through the competitive offshore transmission regime. This is Energy: Conservation being progressed, in dialogue with industry, through the Offshore Transmission Coordination Project. DECC Huw Irranca-Davies: To ask the Secretary of State for and Ofgem aim to publish a joint conclusions report Energy and Climate Change when he plans to publish containing such an assessment in the winter. Further an assessment of (a) whether there are sufficient measures details of the project and industry working groups are to encourage efficiency improvements in electricity usage available on the Ofgem website. and (b) whether there is a need for appropriate additional measures to encourage energy efficiency. [69894] Energy Supply: Fees and Charges Charles Hendry: Initial analysis suggests there is cost- Huw Irranca-Davies: To ask the Secretary of State effective energy efficiency potential across the economy for Energy and Climate Change when he expects which is unlikely to be realised through the current mix Ofgem to complete Project TransmiT; and when he of policy measures. A key role for DECCs new Energy expects proposals to be brought forward in respect of Efficiency Deployment Office will be to develop this analysis and assess those areas where it might be appropriate the project. [69868] to tighten existing policy or introduce appropriate additional Charles Hendry: Ofgem published an open letter on 7 measures, to encourage greater energy efficiency. I would July 2011 which set out their planned timetable for the expect to make public the results of this assessment next stages of Project TransmiT. The letter can be found when it is sufficient developed. at: As part of this work DECC is keen to ensure that http://www.ofgem.gov.uk/Networks/Trans/PT/Documents1/ electricity consumers contribute an appropriate share 110707_Final%20launch%20SCR%20statement.pdf of the UK’s overall improvement in energy efficiency The letter states that Ofgem’s aim is to publish a and will undertake an assessment over the coming year consultation of options in October and final to determine whether further steps are needed to improve recommendations in December, with any reforms to be the support and incentives for the efficient use of electricity. implemented by April 2012. The letter explicitly recognises The results of this assessment will be made public over that this timetable will only be achievable with constructive the course of next year. industry involvement in the process. Energy: EU Internal Trade

Energy: Billing Mr Bain: To ask the Secretary of State for Energy and Climate Change if he will assess the potential Zac Goldsmith: To ask the Secretary of State for contribution to UK economic growth of the completion Energy and Climate Change if he will bring forward of an EU single market in energy. [69307] legislative proposals for energy suppliers to provide customers with information on their energy bills on (a) Charles Hendry: The impact assessment on comparative consumption and (b) their supplier’s implementation of the third package of legislation on lowest tariff. [69240] the single market in energy concluded that significant benefits could derive to the UK from full compliance Charles Hendry: The Energy Bill includes powers to with the package across the EU. The package should legislate to give customers greater control over their have an overall positive effect on economic growth by energy costs by requiring energy suppliers to inform promoting cross-border trade and increasing competition. consumers about the cheapest available tariff. Increased trade and greater market integration should 513W Written Answers6 SEPTEMBER 2011 Written Answers 514W reduce our vulnerability to supply and price shocks and set out in the EMR White Paper3 and the following provide opportunities for exports. Increased competition legislation will play a key role in supporting the necessary should put downward pressure on consumer prices private sector investment. through reducing market power and providing incentives 1 http://www.decc.gov.uk/assets/decc/Consultations/emr/1042-ia- for suppliers to keep costs down. It should also encourage electricity-market-reform.pdf innovation with its positive effects on productivity and 2 http://budgetresponsibility.independent.gov.uk/wordpress/docs/ economic growth. Consumers should also benefit from economic_and_fiscal_outlook_23032011.pdf greater choice and improved service. However, further 3 http://www.decc.gov.uk/assets/decc/11/policy-legislation/EMR/ action under the package to agree cross-border technical 2176-emr-white-paper.pdf codes, which is already underway, will be required to complete the single energy market and this should lead Energy: International Cooperation to greater benefits for the UK. The aim is to achieve this by 2014. Huw Irranca-Davies: To ask the Secretary of State Huw Irranca-Davies: To ask the Secretary of State for Energy and Climate Change when he expects the for Energy and Climate Change whether the Third European Supergrid to become operational. [69870] Internal Energy Market Package has been transposed into UK law. [69872] Charles Hendry: The term “supergrid” is used in a variety of different contexts ranging from a more integrated Charles Hendry: The draft Electricity and Gas (Internal offshore grid in the seas around the UK, to a network Markets) Regulations 2011, which transpose the Third of large interconnectors linking low carbon generation Internal Energy Market Package, were laid before with centres of demand across the EU. The Government Parliament on 18 July 2011. are engaged in a number of processes, including the They will be made after Parliament has approved the North Seas Countries’ Offshore Grid Initiative and the regulations by affirmative resolution. Further regulations All Islands Approach agreed at the British Irish Council will be laid shortly to make certain changes to gas summit in June, that are considering the costs, benefits transporter licences in order to transpose outstanding and technical challenges of a more integrated offshore aspects of the Third Internal Energy Market Package. grid in the North and Irish seas and how it could be developed. Later this year, the Commission are expected to publish proposals for facilitating investment in energy Energy: Finance infrastructure across the EU, including major electricity links. Any developments are likely to take place in an Huw Irranca-Davies: To ask the Secretary of State incremental manner over a period of years. for Energy and Climate Change (1) what estimate he has made of the expected level of investment in the UK Energy: Wales energy generation sector between (a) 2011 and 2015, (b) 2016 and 2020, (c) 2021 and 2025 and (d) 2026 Jonathan Edwards: To ask the Secretary of State for and 2030; [69890] Energy and Climate Change whether he has met (a) (2) what estimate he has made of the required level Welsh Ministers and (b) the Secretary of State for of investment in electricity generation to ensure a Wales regarding the devolution of decision-making on decarbonised electricity generation sector by 2030 consents for energy projects with a generating capacity between (a) 2011 and 2015, (b) 2016 and 2020, (c) of 50 to 100 megawatts. [69394] 2021 and 2025 and (d) 2026 and 2030. [69891] Gregory Barker: The Secretary of State for Energy Charles Hendry: The Government are committed to and Climate Change, the right hon. Member for Eastleigh transforming the UK’s electricity system to ensure that (Chris Huhne), has had discussions with both Welsh our future electricity supply is secure, low-carbon and Ministers and the Secretary of State for Wales, my right affordable. hon. Friend the Member for Chesham and Amersham There is a need for substantial investment in the UK’s (Mrs Gillan), on the devolution of decision-making on electricity generation sector in order to ensure future consents for energy projects with a generating capacity security of supply and build a more diverse and sustainable of 50 MW to 100 MW. energy mix. Estimates in the Electricity Market Reform The Government have indicated that they do not Consultation Document Impact Assessment are that currently intend to devolve this matter to Welsh Ministers. £70-75 billion of investment in new electricity generation plant would be required for the period to 2020 to meet illustrative decarbonisation and renewables targets1. These Environment Protection: Business targets will be reviewed in the Government response to the Committee on Climate Change’s recommendations Zac Goldsmith: To ask the Secretary of State for in the autumn. Energy and Climate Change what recent progress he Government projections for future business investment has made in developing a voluntary Green Responsibility across the whole economy are contained within the Deal with business and other organisations. [69241] Office of Budget Responsibility’s forecasts2. The outturn level of investment in the electricity generation sector Gregory Barker: Officials in DECC and the Cabinet will depend on commercial decisions and is affected by Office have had discussions with stakeholder groups a large number of additional economic, fiscal, and and businesses about encouraging voluntary action on regulatory factors. Nevertheless, the package of policies energy use and emissions reduction. 515W Written Answers6 SEPTEMBER 2011 Written Answers 516W

In the recent publication on Enabling the Transition Gregory Barker: Phase One of the Renewable Heat to a Green Economy we highlighted a number of areas Incentive (RHI) should be open for applications from of action that leading businesses are already undertaking the end of September, subject to state aid clearance. and that we encourage others to consider. We are aiming to introduce Phase Two of the RHI, We will set out further details of work to encourage which will include support for households, in autumn voluntary action, in line with the Government’s 2012 alongside the Green Deal. In addition we have responsibility deal approach, in the autumn. already publicly stated that any measure that pays through savings will be supported in the Green Deal, including Gas Fired Power Stations microgeneration measures where relevant. We are still developing the details on how we will co-ordinate the Huw Irranca-Davies: To ask the Secretary of State for launch of the two policies but will aim to publish the Energy and Climate Change what estimate his Department details as soon as possible. has made of the average commercial lifespan of a new gas-fired power plant. [69866] Local Energy Partnerships

Charles Hendry: The expected commercial lifespan of Zac Goldsmith: To ask the Secretary of State for a new gas plant is a matter for the owners of the plant Energy and Climate Change what steps he plans to take and is not estimated by the Department of Energy and to create local energy partnerships. [69376] Climate Change. The Department has recently published a reported by Gregory Barker: We are designing the Green Deal PB Power on the average expected technical lifetime, the framework, including the new Energy Company Obligation number of years a plant might be expected to be able to (ECO), in a way which should offer natural encouragement operate, for a range of non-renewable plant. For Combined for local authorities and other local interest groups on Cycle Gas Turbine (CCGT) plant this was estimated to the one hand, and energy companies, Green Deal providers be 30 years. The full report can be found on DECC’s and other private sector organisations on the other, to website at: work in partnership to deliver practical measures and http://www.decc.gov.uk/assets/decc/11/about-us/economics- benefits at local level. social-research/2127-electricity-generation-cost-model- 2011.pdf Nuclear Power

Huw Irranca-Davies: To ask the Secretary of State Huw Irranca-Davies: To ask the Secretary of State for for Energy and Climate Change how many new gas Energy and Climate Change what recent discussions he plants he expects to enter operation in the UK in each has had with representatives of the nuclear industry to of the next five years. [69885] ensure (a) confidence in the sector and (b) preparations for new nuclear build. [69854] Charles Hendry: The Department for Energy and Climate Change does not make estimates of the number Charles Hendry: Ministers and officials meet on a of new gas plants expected to enter operation each year. regular basis with representatives from the nuclear industry However, National Grid do provide an estimate through with regard to the safe and secure operation of existing their transmission entry capacity (TEC) database. This nuclear facilities and progress on the UK new build database includes expected future new gas plant, and an programme. All ministerial meetings are published on expected completion date. The completion date represents the DECC website at: the developer’s estimate of when the plant will obtain http://www.decc.gov.uk/en/content/cms/accesstoinform/ transmission entry capacity. The following table shows registers/ministermtgs/ministerititgs.aspx the number of gas plants with a completion date over In particular, my right hon. Friend the Secretary of the next five years from this database which was last State for Energy and Climate Change chairs the Nuclear updated on 23 August 2011. Development Forum, (NDF) which meets three times a year. Its members are senior representatives from the Completion date Number of gas plants nuclear industry, including vendors, operators, key suppliers, 2011 1 contractors and unions—as well as the Government. The Forum ensures there is regular and high-level contact 2012 3 on the issues that matter the most to potential investors 2013 3 and operators regarding the UK new build programme. 2014 4 2015 1 The next NDF is due to meet in the autumn. The 2016 5 minutes from meetings are available on the nuclear pages of the DECC website. A link is provided to the database as follows: Offshore Transmission Coordination Group http://www.nationalgrid.com/uk/Electricity/ GettingConnected/ContractedGenerationInformation/ TransmissionEntryCapacityRegister/ Huw Irranca-Davies: To ask the Secretary of State for Energy and Climate Change what the functions are Green Deal Scheme of the Offshore Transmission Coordination Group. [69887] Zac Goldsmith: To ask the Secretary of State for Energy and Climate Change what steps he plans to Charles Hendry: The terms of reference for the Offshore take to co-ordinate the introduction of the Green Deal Transmission Coordination Group are on the Ofgem with roll-out of the Renewable Heat Incentive. [69242] website. The Group, through the expertise, experience 517W Written Answers6 SEPTEMBER 2011 Written Answers 518W and knowledge of its members, provides support to http://www.decc.gov.uk/assets/decc/11/meeting-energy- Government and Ofgem’s development and consideration demand/renewable-energy/2167-uk-renewable-energy- of policy options for maximising the opportunity of the roadmap.pdf development of co-ordinated offshore transmission Huw Irranca-Davies: To ask the Secretary of State infrastructure. The Group has met four times to date, for Energy and Climate Change what proportion of details of which are also on the Ofgem website. electricity generation he expects to come from (a) onshore wind, (b) offshore wind and (c) biomass in Power Stations 2020. [69863]

Huw Irranca-Davies: To ask the Secretary of State Gregory Barker: The UK Renewable Energy Roadmap, for Energy and Climate Change what his policy is on published in July 2011, provides illustrative ’central the potential for a new mixed-oxide plant. [69851] ranges’ for deployment for a number of renewable technologies—including onshore wind, offshore wind Charles Hendry: The potential for a new mixed oxide and biomass electricity—based upon modelling of variables (MOX) plant is part of our considerations on the policy such as technology cost, build rates, and the policy options for dealing with the UK’s plutonium stockpile, framework. which the Government have been consulting on. While Using these central ranges, the potential contribution we have not formally announced the outcome of the to electricity generation from the following technologies consultation, our preliminary view, as set out in our in 2020 is as follows: paper, was that our plutonium should be reused as (a) onshore wind could contribute between 24-32 TWh, 6-9% mixed oxide (MOX) fuel in reactors. Should we proceed of overall electricity generation; with our preliminary view about reusing plutonium, (b) offshore wind could contribute between 33-58 TWh, 9-15% implementation of this policy would require a new of overall electricity generation; MOX plant. (c) biomass (including dedicated feedstock, energy from waste, landfill and sewage gas, conversion and co-firing) could contribute Renewable Energy between 32-50 TWh, 9-13% of overall electricity generation. The central ranges do not represent technology specific targets or the level of our ambition. They are based on Huw Irranca-Davies: To ask the Secretary of State our current understanding of deployment, costs and for Energy and Climate Change what steps his non-financial barriers and could change significantly as Department is undertaking with its EU counterparts to the market evolves to 2020. promote renewable deployment. [69865] For further information, the Roadmap can be Gregory Barker: The UK is working with its EU downloaded here: counterparts as a member of a Concerted Action Network http://www.decc.gov.uk/assets/decc/11/meeting-energy- on the Renewable Energy Directive (CA-RES). The demand/renewable-energy/2167-uk-renewable-energy- CA-RES supports the achievement of national renewable roadmap.pdf energy targets required by 2020 under the directive. It Renewable Energy: Feed-in Tariffs will focus on topics that require a common approach or which would benefit from the exchange of best practice Jason McCartney: To ask the Secretary of State for between member states. Energy and Climate Change if he will bring forward The main objectives of the CA-RES are: proposals to allow microgenerators to set the sale price The exchange of experience and best practice between member of the energy they generate at the same rate as is states on the implementation of the 2009 Renewable Energy charged for the energy that they use. [69361] Directive Encouraging dialogue between member states on common Charles Hendry: Microgenerators are free to sell their approaches to the effective implementation of the directive electricity on the open market and can chose to opt out Facilitating the process of cross-learning at the EU of the export tariff which, since April 2010, has been level and providing support for effective implementation available to eligible generators as part of the support of the directive. provided under the feed-in tariffs (FITs) scheme. The export tariff is a guaranteed payment for the amount of Renewable Energy: Electricity electricity exported to the grid and is additional to a payment for the amount of electricity generated and the bill savings associated with using electricity generated Huw Irranca-Davies: To ask the Secretary of State on site. Both the export tariff and the generation tariff for Energy and Climate Change what proportion of are linked to the retail prices index and update annually. electricity generation he estimates will come from The first comprehensive review of FITs is currently renewable sources in 2020. [69862] underway and is considering all aspects of the scheme, including tariffs and arrangements for exports. We will Gregory Barker: DECC estimates that around 30% of be consulting on proposals as part of the comprehensive electricity generation will need to come from renewable review later this year. sources by 2020 as part of the effort to meet the 2020 renewable energy target. Huw Irranca-Davies: To ask the Secretary of State We are committed to meeting our renewable energy for Energy and Climate Change (1) whether the feed-in target and our modelling shows that this is challenging tariff contracts for difference payment will be paid for but achievable1. intermittent energy generation in (a) advance or (b) 1 Source—UK Renewable Energy Roadmap arrears; [69856] 519W Written Answers6 SEPTEMBER 2011 Written Answers 520W

(2) whether the feed-in tariff contracts for difference low-carbon technologies has been spent so far on (a) payment will be paid for baseload energy generation in offshore wind manufacturing infrastructure at ports, (a) advance or (b) arrears. [69857] (b) innovation in offshore wind component manufacture and (c) the development of marine technologies. Gregory Barker: My officials are currently working [69884] on details regarding the implementation of the Feed-in Tariff with Contracts for Difference. A technical update Charles Hendry: The spending review allocated over will be published at the turn of the year setting out £200 million to support low carbon technologies, of further detail on the institutional arrangements for which up to £60 million was included to support the delivering the electricity market reforms. establishment of offshore wind manufacturing at port sites in assisted areas in England. Bids for support for Huw Irranca-Davies: To ask the Secretary of State this fund, made under the Grant for Business Investment for Energy and Climate Change when he expects to (GBI) scheme are made on a confidential basis. We are determine whether a greater certainty of payment in working with a number of companies on a commercially the feed-in tariff contracts for difference will form part confidential basis to take forward this spend. Information of the support package for carbon capture and storage on grant offers for sums greater than £75,000 is normally demonstration projects. [69858] published following the payment of the first instalment of the grant. Publicity of a GBI project before this stage Gregory Barker: The Department is considering several can only take place with the agreement of the applicant options for providing support to carbon capture and company. storage (CCS) demonstration projects, including through The process of allocating the remaining funding to the Feed-In Tariffs with Contracts for Difference in projects over the four year period of the spending concert with other measures. We intend to set out the review is ongoing but no funds have yet been spent. In broad approach to providing support when we launch June DECC announced, subject to value for money the call for the additional CCS projects. assessments, up to £20 million to support the pre- commercial demonstration of two marine array devices Huw Irranca-Davies: To ask the Secretary of State in years three and four of the spending review period; for Energy and Climate Change when he plans to and in July DECC announced, subject to value for publish further details on (a) how and (b) by whom money assessments, up to £30 million, for offshore wind feed-in tariff contracts for difference will be delivered. technology development. Further information on both [69892] these innovation programmes as well as funding allocations for other technologies will be available later this year. Gregory Barker: My officials are currently working on the detail regarding implementation of the feed-in The Carbon Trust receives funding from DECC for tariff with Contracts for Difference, and are continuing offshore wind technology innovation through the Offshore to discuss aspects with a variety of industry stakeholders. Wind Accelerator (OWA). DECC has committed in the A technical update will be published at the turn of the region of £4 million to the OWA in financial year year setting out further detail on the institutional 2011-12; of which so far £902,000 of work has been arrangements for delivering the electricity market reforms. completed and £138,000 has been invoiced and paid. Renewable Energy: Government Assistance Renewable Energy: Finance Huw Irranca-Davies: To ask the Secretary of State Zac Goldsmith: To ask the Secretary of State for for Energy and Climate Change for what reasons his Energy and Climate Change what recent discussions he Department did not secure state aid approval in time to has had with representatives of the finance and implement an increase in the level of financial support investment community on the provision of finance for available to anaerobic digestion plants on 1 August anaerobic digestion. [69227] 2011, as outlined in the consultation on the fast-track review for small-scale low-carbon electricity. [69852] Gregory Barker: Although I have not had any recent discussions on the provision of finance for anaerobic Gregory Barker: The consultation on the fast-track digestion, DECC has worked in partnership with DEFRA review of feed-in tariffs for small-scale low carbon to address the financing challenge for the sector through electricity (published March 2011) made clear that the the Anaerobic Digestion Strategy and Action Plan which proposed increases in tariffs for anaerobic digestion was published in June. The strategy sets out a programme were subject to any necessary state aid approval from of work for Government and industry to tackle the the European Commission. barriers to deployment of anaerobic digestion. A number Similarly, the decision document (published June 2011) of finance and investment companies participated in confirming the outcome of that consultation noted the discussions of the DECC-led regulation and Finance that: Working Group which fed into the overarching strategy “the increase to the AD tariff requires a more detailed level of and put forward actions to help the industry obtain scrutiny by the European Commission under State Aid regulations. finance. The strategy is available in the Libraries of the This may lead to a delay to the introduction of the increased AD House and at: tariff which will be introduced on 1 August or the date of state http://www.defra.gov.uk/environment/waste/business/ aids approval, whichever is later.” anaerobic-digestion/ The process of requesting state aid approval started immediately following the publication of this document. Huw Irranca-Davies: To ask the Secretary of State We are currently awaiting the European Commission’s for Energy and Climate Change how much of the £200 decision and have ensured that the new tariffs for AD million his Department has allocated to support new will apply as soon as state aid clearance is received. 521W Written Answers6 SEPTEMBER 2011 Written Answers 522W

Renewables Obligation scheme is differentiated according to technology and installed capacity. Given the size of the potential internal Mr Reed: To ask the Secretary of State for Energy Chinese market for renewable energy development, this and Climate Change if he will retain a band within the announcement could have significant impacts, especially renewables obligation for biomass combined heat and for the global PV industry. DECC officials will continue power generation and grandfather this to the end of to follow the progress of the scheme as it is implemented. the scheme. [69493] Water Power Gregory Barker: A banding review of renewable obligation support for all technologies began in October Zac Goldsmith: To ask the Secretary of State for last year and any change in support for biomass combined Energy and Climate Change what recent progress his heat and power generation will be considered as part of Department has made in the development of the Offshore this process. Energy Strategic Environmental Assessment for English We intend to launch a consultation on the proposed and Welsh waters to support the deployment of marine new bands shortly. Any changes in support levels will be energy devices. [69230] come into effect on 1 April 2013 (1 April 2014 for Charles Hendry: The Offshore Strategic Environmental offshore wind). Assessment (OESEA) has been completed and was subject to a 12-week public consultation period. The Huw Irranca-Davies: To ask the Secretary of State assessment document can be found at: for Energy and Climate Change when he expects to announce the length of periods of grace that will be http://www.offshore-sea.org.uk/site/index.php offered to new energy generation after the closure of My officials are currently preparing a post-consultation the renewables obligation. [69860] report which should be published on the SEA website shortly. Gregory Barker: The Government recognises that there is a significant existing renewable electricity investor Zac Goldsmith: To ask the Secretary of State for community, and we aim to prevent a hiatus in renewables Energy and Climate Change what steps his Department deployment while the new Electricity Market Reforms plans to take to accelerate the development and deployment are implemented. Having sought industry views on the of marine renewable technologies at commercial scale best means to transition to a new scheme, Annex D of through the UK Marine Energy Programme. [69231] the Electricity Market Reform White Paper sets out in full the transition arrangements for renewables. Gregory Barker: At the start of this year I launched the UK Marine Energy Programme which has established This includes our intention to offer limited grace three working groups, Financing, Planning and Consenting periods to generation which was due to accredit on or and Knowledge Sharing, to examine the issues and before 31 March 2017, but which was delayed through potential barriers to the development and deployment no fault of its own, by either a change in grid connection of marine renewable technologies at commercial scale. date instigated by the transmission or distribution operator The working groups draw their representatives from or a delay in the agreed installation of radar. We intend across the industry including the energy utilities, industrial that these generators may accredit under the RO and companies, technology developers, financiers as well as will remain subject to the 2037 end date for the RO. Government. Further details, including the evidence requirements for exercise of the grace period, are still being considered. The outputs of the Financing working group fed into the Department’s deliberations on innovation support We intend to consult on the provision of Banding and it provided evidence to support the Department’s Review grace periods as part of the forthcoming decision to invest up to £20 million, subject to a value consultation on the Renewables Obligation Banding for money assessment, in wave and tidal power to help Review, where stakeholders will have the opportunity to develop marine energy technologies from prototype comment on our proposals. Following the Banding stage to demonstration of arrays of devices. The group Review consultation, our intention is to mirror the has also fed into the current renewables obligation Banding Review grace period proposals in the RO banding review. Transition. The next board meeting will take place towards the end of the year. Solar Power: China Zac Goldsmith: To ask the Secretary of State for Huw Irranca-Davies: To ask the Secretary of State Energy and Climate Change whether marine energy for Energy and Climate Change what assessment his projects will be eligible to receive support through his Department has made of the introduction by the proposed feed-in tariff with Contract for Difference. Chinese Government of a nationwide feed-in tariff [69234] incentive scheme for photovoltaic solar installations on the global solar photovoltaic market. [69853] Charles Hendry: Under the reforms outlined in the EMR White Paper, the competitive market will continue Gregory Barker: Like many other countries, China but four inter-locking policy instruments are proposed has recently announced a feed-in tariffs scheme. The to change the returns generators can expect for the Chinese scheme has some key differences to the Great power stations they build and the electricity they generate: Britain feed-in tariffs (FITs) scheme; for example, the Greater long-term certainty around the additional cost of Chinese scheme is based on a single tariff level for all running polluting plant through a carbon price floor. Proposals installations, with degression over time, whereas the GB from the Treasury to provide greater support and certainty to the 523W Written Answers6 SEPTEMBER 2011 Written Answers 524W carbon price will increase investment in low carbon generation by Wind Power providing a clearer long-term price for carbon in the power sector. Long-term contracts for low carbon generation will make Zac Goldsmith: To ask the Secretary of State for clean energy investment more attractive still. Through a ’contract for difference’ feed-in tariff, the Government will agree clear, Energy and Climate Change what support he plans to long-term contracts, resulting in a top-up payment to low carbon provide for the development of the Eneco wind park. generators if wholesale prices are low but clawing back money for [69237] consumers if prices become higher than the cost of low carbon generation. An alternative ’premium’ feed-in tariff is also set out Charles Hendry: Offshore wind farms are supported in the consultation document. at the technology level, based on the amount of electricity Additional payments to encourage the construction of reserve they generate. Currently, wind farms accredited by 31 plants to ensure the lights stay on. A capacity mechanism will March 2014 are supported under the renewables obligation ensure there remains an adequate safety cushion of capacity as (RO) at two renewable obligation certificates (ROCs) the amount of intermittent and inflexible low carbon generation increases. per MWh. We are currently carrying out a banding A back-stop to limit how much carbon the most dirty power review to determine RO support levels beyond then. stations—coal—can emit. An Emissions Performance Standard Through electricity market reform, we are putting in will reinforce the existing requirement that no new coal is built place future support for low carbon electricity generation, without carbon capture and storage. as set out in our White Paper1. The UK’s Renewable The reforms are aimed at giving existing players and Energy Roadmap2 sets out a comprehensive action plan new entrants in the energy sector the certainty they to accelerate the UK’s deployment and use of renewable need to raise the level of investment they need. Ofgem’s energy. This includes offshore wind as one of the eight review into the liquidity of the wholesale electricity technologies that have the greatest potential to help market will be an essential complement to the reforms. meet our renewable energy target. Both documents were published on 12 July this year. Zac Goldsmith: To ask the Secretary of State for I co-chair the Offshore Wind Developers Forum, Energy and Climate Change what progress he has which is working with UK offshore wind developers to made in establishing the South West Marine Energy ensure the deliverability of offshore wind and to identify Park. [69379] economic opportunities for business in the UK. Gregory Barker: At the first meeting of the UK 1 http://www.decc.gov.uk/en/content/cms/legislation/white_papers/ Marine Energy Programme Board earlier this year I emr_wp_2011.aspx asked stakeholders in the south-west of England to 2 http://www.decc.gov.uk/en/content/cms/meeting_energy/renewable come forward with plans of how they could create a _ener/re_roadmap/re_roadmap.aspx marine energy park in the region and which could form a potential model for other regions looking at establishing their own marine energy park. HOME DEPARTMENT Regen South West along with representatives of Plymouth and Cornwall council, presented their concept UK Border Agency Worker Scheme of a Marine Energy Park to the UK Marine Energy Programme Board last June. The presentation was well received and showed the right balance of ambition, Mrs Main: To ask the Secretary of State for the practicality and flexibility necessary to design a sustainable Home Department pursuant to the answer of 19 July park and build on the strengths which exist in the 2011, Official Report, columns 805-6W, on UK Border region. Agency Worker Scheme, how many applications to the UK Border Agency Worker Registration Scheme have They are developing their proposals further and will been accepted since the establishment of the scheme; provide an update at the next programme board. I have and what the nationality was of (a) successful and (b) had meetings with other regional stakeholders to discuss unsuccessful applicants. [69549] how they might create Marine Energy Parks in their own areas. Damian Green: The Worker Registration Scheme was Wave Power established in May 2004 and ended on 30 April 2011. The total number of applications that were accepted Zac Goldsmith: To ask the Secretary of State for since the scheme was established is 2,001,254. Energy and Climate Change what plans he has to The number of applications approved and refused by support the Siadar Wave Energy Project. [69314] nationality is provided in the table. Gregory Barker: It would not be appropriate for me to comment on whether the Government will provide Nationality Approved Refused support for individual companies or projects. Czech Republic 78,114 939 However, the coalition Government is committed to Estonia 16,100 147 supporting the development of marine energy in the Hungary 82,997 452 UK. I am working with the sector, through the Marine Latvia 140,852 836 Energy Programme Board, to address the barriers which Lithuania 213,309 1,793 exist to the development of the wave and tidal sector in Poland 1,209,698 6,045 the UK. This includes the Department’s ongoing plans Slovakia 181,507 2,022 to establish Marine Energy Parks and our recent Slovenia 1,694 18 announcement of up to £20 million innovation funding, Other 6 1,116 subject to value for money assessment, to support the Total 1,924,277 13,368 demonstration of arrays of devices. 525W Written Answers6 SEPTEMBER 2011 Written Answers 526W

Animal Welfare was published on 13 June 2011 and closed (5 September 2011). The arrangements for inspections will be determined Neil Parish: To ask the Secretary of State for the after relevant responses have been considered. Home Department whether it will be a mandatory requirement for designated establishments to meet or Neil Parish: To ask the Secretary of State for the exceed the standards set out in future codes of practice Home Department whether she plans to allocate on (a) humane killing and (b) housing and care of additional funding for the National Committee for the animals used in scientific procedures. [69763] Protection of Animals Used for Scientific Purposes arising from implementation of Directive 2010/63/EU Nick Herbert: Annexes III and IV of European Directive on the protection of animals used for scientific 2010/63/EU on the protection of animals used for scientific purposes. [69822] purposes set out mandatory requirements for the care and accommodation of animals and methods of killing, Lynne Featherstone: The functions of the National respectively. The requirements of annex IV must be Committee for the Protection of Animals Used for implemented in UK legislation from 1 January 2013 Scientific Purposes are set out in Article 49 of European and those of annex III from 1 January 2017. Directive 2010/63/EU on the protection of animals used for scientific purposes. Article 2 of the European directive allows member states to retain stricter national provisions in force on Views on the National Committee are currently being 9 November 2010 provided such measures do not inhibit sought in the public consultation on the options for the free market by prohibiting or impeding the supply transposition of the directive. The public consultation or use of animals from another member state applying was published on 13 June 2011 and closed on 5 September the minimum standards set out in the directive, or the 2011. placing on the market of products developed with the The arrangements for the National Committee, including use of such animals. any funding requirements, will be determined in due Views on the application of article 2 in relation to the course after relevant responses have been considered. matters covered by annexes III and IV are being sought in the public consultation on the options for transposition Mrs Moon: To ask the Secretary of State for the of the European directive. The public consultation was Home Department what plans she has to reduce the published on 13 June 2011 and closes today (5 September number of animals bred for use in scientific research; 2011). Careful account will be taken of any responses and if she will make a statement. [69843] received on these matters in the development of future guidance and codes of practice. Lynne Featherstone: The licensing system under the Animals (Scientific Procedures) Act 1986 is demand led Neil Parish: To ask the Secretary of State for the and provides no direct mechanism for reducing the Home Department what plans she has for (a) guidance breeding and use of animals. Instead the Act requires notes and (b) codes of practice regarding humane that animal use is kept to a minimum. killing, severity classification of procedures and animal The coalition agreement includes a commitment to housing and care to accompany legislation work to reduce the use of animals in scientific research. implementing Directive 2010/63/EU on the protection The commitment will be delivered through a science-led of animals used for scientific purposes; and what plans programme led by the National Centre for Replacement, she has to consult stakeholders from the research Refinement and Reduction of Animals in Research community, veterinarians, animal technologists and (NC3Rs), an organisation with a strong record in reducing representatives of animal welfare organisations on such animal use. guidance notes and codes of practice. [69819] The programme will focus on refinement as well as reduction and replacement and will co-ordinate action Nick Herbert: Preliminary work on the preparation to minimise and reduce animal use and suffering while of guidance and a code of practice to accompany the avoiding actions which might simply drive work abroad legislation implementing European Directive 2010/63/EU to countries where lower standards or less stringent has begun. We will seek input from individuals and testing guidelines apply. groups with an interest, including those listed, at appropriate Any reduction in animal use achieved by the programme points in the detailed drafting process. is likely also to have an impact on the demand for purpose-bred animals in the UK. Neil Parish: To ask the Secretary of State for the Home Department whether she has any plans to change Antisocial Behaviour the (a) nature and (b) frequency of inspections of establishments designated under the Animals (Scientific Mr Slaughter: To ask the Secretary of State for the Procedures) Act 1986. [69820] Home Department what plans she has to provide support to the voluntary and third sector to provide Nick Herbert: At present the Animals (Scientific services to tackle antisocial behaviour in urban areas. Procedures) Inspectorate implements a risk-based approach [69691] to inspection and as such the frequency, duration and style of inspection may vary as any relevant risks alter. James Brokenshire: The Home Office announced the Views on the inspection system have been sought in creation of the Community Action Against Crime: the public consultation on the options for transposition Innovation Fund in July 2011. This fund is worth £5 of European Directive 2010/63/EU on the protection of million in 2011-12 and a further £5 million in 2012-13. animals used for scientific purposes. The public consultation The fund seeks to encourage the voluntary and community 527W Written Answers6 SEPTEMBER 2011 Written Answers 528W sector to develop creative new approaches to tackling Riot (Damages) Act 1886 in respect of damage or loss crime in local neighbourhoods, including antisocial sustained during the disturbances in August 2011; how behaviour. It will open to bids at the end of this month. many have received compensation to date; what the The Home Office is developing work in response to average sum paid in compensation has been; and how the recommendations made by Baroness Newlove, the much compensation she expects to be paid (i) to those Government’s Champion for Active, Safer Communities, who have submitted claims and (ii) in total when all in her report “Our Vision for Safe and Active claims have been received. [69786] Communities”. This includes the roll-out of the 101 non-emergency number for reporting antisocial behaviour, Nick Herbert: We do not hold this information centrally, and driving up volunteering in the civil service. The as claims under the Riot Damages Act are made direct Home Office has also provided funding for seven “Newlove to police authorities. Neighbourhoods”, supporting community activists to tackle the crime and antisocial behaviour problems in Hugh Bayley: To ask the Secretary of State for the their neighbourhoods. Home Department how many police forces have (a) applied for and (b) received additional funding from Antisocial Behaviour: Crime Prevention her Department towards the cost of responding to the disturbances in August 2011; and how much she Toby Perkins: To ask the Secretary of State for the estimates will be paid out by her Department in respect Home Department what information her Department of these costs. [69788] holds on the number of Mosquito devices in operation in (a) the UK and (b) each local authority area. Nick Herbert: To date, no forces have applied for or [69559] received funding to cover the cost of policing the disturbances in August 2011. Nick Herbert: The Home Office does not collect information centrally on the number of Mosquito devices Mr Amess: To ask the Secretary of State for the in operation in the UK or in individual local authority Home Department what payments were made to each areas. police authority under the Riot (Damages) Act 1886 in each year since 1997; what estimate she has made of Toby Perkins: To ask the Secretary of State for the the amount of such payments likely to be made in the Home Department whether she has received representations next 12 months; and if she will make a statement. on the (a) appropriateness, (b) ethics and (c) legality [69821] of the use of the Mosquito device; and if she will make Nick Herbert: Claims for compensation under the a statement. [69560] Riot (Damages) Act 1996 are made directly to the police authorities. These data are not held centrally. James Brokenshire: The Home Office has received There is no estimate yet for the total cost for any future representations from members of the public and a claims. range of organisations on the appropriateness, ethics and legality of the Mosquito device. Mr Amess: To ask the Secretary of State for the Use of the Mosquito is not currently prohibited or Home Department how many (a) males and (b) regulated under UK law. It is a commercial product and females in each (i) age group and (ii) local authority is not endorsed by the Home Office or the Association were (A) killed, (B) seriously injured and (C) slightly of Chief Police Officers. injured during recent incidents of public disorder; and if she will make a statement. [69827] Civil Disorder Nick Herbert: Data for offences recorded by the Priti Patel: To ask the Secretary of State for the police in England and Wales in August (the month that Home Department what steps she plans to take to these incidents of public disorder took place) will be recover from the perpetrators the costs of (a) policing available from 19 January 2012. It will not be possible to and (b) damage arising from public disorder in August identify which of these offences were linked to the 2011. [69254] recent incidents of public disorder.

Nick Herbert: There are currently no plans to recover Mr Amess: To ask the Secretary of State for the the policing costs from the perpetrators of the disorder. Home Department what proposals she plans to bring However, courts can impose a compensation order for forward to tackle public disorder; what recent any offence that has resulted in personal injury, loss or representations she has received on this issue; and if damage. This will apply where individual victims have she will make a statement. [69828] been injured, as well as where individuals or businesses have experienced offences such as theft, burglary or Nick Herbert: The Government are working closely criminal damage. The Legal Aid, Sentencing and with the police and HM Inspectorate of Constabulary Punishment of Offenders Bill will strengthen the law on (HMIC) to ensure that they have the powers, tactics and compensation orders by giving the courts a clear, positive the resources that they need to tackle public disorder on duty to consider imposing such an order in any case our streets. where there is an identifiable victim. Mr Amess: To ask the Secretary of State for the Hugh Bayley: To ask the Secretary of State for the Home Department what estimate she has made of the Home Department how many (a) homeowners and costs to the public purse of recent public disorder; and (b) businesses have sought compensation under the if she will make a statement. [69833] 529W Written Answers6 SEPTEMBER 2011 Written Answers 530W

Nick Herbert: There is no estimate yet for the total Table A: Offences1 currently recorded by the police as homicide2 not cost resulting from the disturbances in August 2011. resulting in conviction3: police forces in England and Wales, 2009-104 Offences with Proportion Priti Patel: To ask the Secretary of State for the Force Total offences no conviction3 (percentage) Home Department what estimate has been made of the Avon and 16 10 63 cost of policing in respect of public disorder in August Somerset [69255] 2011. Bedfordshire 6 6 100 British 22100 Nick Herbert: There is no estimate yet for the total Transport cost of policing resulting from the disturbances in August Police 2011. Cambridgeshire 8 3 38 Cheshire 8 7 88 Priti Patel: To ask the Secretary of State for the Home Department what estimate has been made of the Cleveland 6 5 83 total cost of damage caused by public disorder in Cumbria — — — August 2011. [69256] Derbyshire 2 — — Devon and 16 15 94 Damian Green: There is no estimate yet for the total Cornwall cost of damage resulting from the disturbances in August Dorset 5 2 40 2011. Durham 10 8 80 Dyfed Powys 2 — — Crime Essex 10 7 70 Gloucestershire 4 1 25 Clive Efford: To ask the Secretary of State for the Greater 35 12 34 Home Department how many (a) murders and (b) Manchester sexual offences recorded in each police force area in the last 12 months have not yet resulted in a conviction; Gwent 18 18 100 and if she will make a statement. [66808] Hampshire 19 17 89 Hertfordshire 6 5 83 James Brokenshire: Available homicide data are collected Humberside 13 2 15 by the Home Office from police forces in England and Kent 16 16 100 Wales and have been extracted from the Homicide Lancashire 26 11 42 Index. Table A shows the number of offences recorded as homicide (murder, manslaughter and infanticide) in Leicestershire 13 8 62 2009-10 for which no-one has been convicted. It is not Lincolnshire 6 5 83 possible to separately identify those offences recorded London, 22100 as murder. City of Data are as at 28 September 2010 and subject to Merseyside 21 20 95 revision as cases are dealt with by the police and by the Metropolitan 120 91 76 courts, or as further information becomes available. Police This is particularly the case for 2009-10 data given the Norfolk 7 4 57 time it can take to bring suspects to trial. North Wales 7 3 43 The data include cases for which: the principal suspect North 66100 committed suicide or died before proceedings could be Yorkshire initiated or before proceedings could be concluded; the Northamptonshire 5 4 80 suspect was found to be insane; all suspects were acquitted and police investigations are continuing; and, no suspects Northumbria 14 12 86 have been charged. Nottinghamshire 15 14 93 Although provisional homicide data for 2010-11 were South Wales 16 7 44 published in “Crime in England and Wales” 2010-11 on South 12 8 67 14 July 2011, these figures do not include convictions Yorkshire data. A first analysis of 2010-11 homicide data including Staffordshire 13 10 77 convictions will be available in January 2012. Suffolk 10 3 30 Data on police recorded sexual offences are collected Surrey 8 7 88 by the Home Office. The data relating to police recorded Sussex 13 9 69 sexual offences for 2010-11 are provided in Table B. Data relating to conviction status is not available. Thames 14 13 93 Valley Data on reported sexual offences which have not yet Warwickshire 11 10 91 resulted in convictions are not available centrally. The Ministry of Justice collects data on convictions for West Mercia 15 10 67 sexual offences but these data are published on a calendar West 27 17 63 year basis and are counts of persons classified by their Midlands principal offence. As such, convictions data cannot be West 32 17 53 linked to police recorded crime data to track individual Yorkshire offences through to their outcome at court. Wiltshire 4 3 75 531W Written Answers6 SEPTEMBER 2011 Written Answers 532W

Table A: Offences1 currently recorded by the police as homicide2 not Crossbows resulting in conviction3: police forces in England and Wales, 2009-104 Offences with Proportion Force Total offences no conviction3 (percentage) Mr Woodward: To ask the Secretary of State for the Home Department how many incidents involving England and 619 430 69 crossbows were recorded by the Police in (a) St Helens, Wales (b) Merseyside and (c) England in each of the last 10 1 As at 28 September 2010; figures are subject to revision as cases are years. [68908] dealt with by the police and by the courts, or as further information becomes available. Nick Herbert: The information requested is not available 2 Offences recorded as murder, manslaughter or infanticide. 3 Includes cases with outcome of: court proceedings pending; suspect centrally.Offences involving crossbows cannot be identified found by court to be insane, suspect died/committed suicide before in the recorded crime statistics. proceedings were initiated or could be concluded; all suspects acquitted; no suspects charged. Departmental Compensation 4 Offences are shown according to the year in which they were initially recorded as homicide. This is not necessarily the year in which the incident took place or the year in which any court decision Richard Fuller: To ask the Secretary of State for the was made. Home Department pursuant to the answer of 22 March Table B: Sexual offences recorded by police forces in England and 2011, Official Report, column 933W, on departmental Wales, 2010-11 compensation, what steps she is taking to reduce the Force Total offences level of special payments, including compensation to Avon and Somerset 1,521 the public, made by her Department and the non- Bedfordshire 442 departmental public bodies for which she is responsible. British Transport Police 720 [69330] Cambridgeshire 771 Cheshire 741 Damian Green: The Home Office is taking active steps to reduce the cost of special payments, which Cleveland 562 include compensation payments and legal costs, and Cumbria 391 arise principally from immigration and detention legal Derbyshire 1,153 challenges. Devon and Cornwall 1,695 Dorset 775 The UK Border Agency has, for example, set up a Litigation Strategy Board, which meets monthly to Durham 477 review litigation risks, to ensure ownership of significant Dyfed Powys 405 legal challenges and that appropriate strategies are in Essex 1,440 place for managing new areas of challenge. The board Gloucestershire 531 has driven the implementation of new processes to Greater Manchester 2,881 manage more routine, high volume litigation at lower Gwent 555 cost, and early identification of potential litigation risks. Hampshire 2,109 It also works to increase awareness of legal risks in Hertfordshire 653 policy development and improve the information and Humberside 1,263 guidance available. Kent 1,402 Lancashire 1,505 Departmental Procurement Leicestershire 1,045 Lincolnshire 718 Owen Smith: To ask the Secretary of State for the London, City of 39 Home Department what methodology (a) her Department Merseyside 1,130 and (b) the non-departmental public bodies for which Metropolitan Police 10,230 she is responsible used to estimate savings to the public Norfolk 743 purse made in respect of its procurement and purchasing North Wales 786 since May 2010. [69270] North Yorkshire 1,090 Northamptonshire 653 Damian Green: Since May 2010, the Home Office, its Northumbria 591 agencies and non-departmental public bodies have estimated Nottinghamshire 1,107 procurement and purchasing value for money savings in South Wales 831 line with the Office of Government Commerce (now the South Yorkshire 906 Efficiency and Reform Group, Cabinet Office) methodology. Staffordshire 1,004 Suffolk 705 Departmental Telephone Services Surrey 785 Sussex 1,467 Nia Griffith: To ask the Secretary of State for the Thames Valley 2,195 Home Department how much funding she has Warwickshire 472 allocated to each telephone helpline operated by her West Mercia 1,206 Department in 2011-12; and what the purpose is of West Midlands 2,707 each such helpline. [68551] West Yorkshire 1,970 Wiltshire 610 Damian Green: The Secretary of State for the Home England and Wales 54,982 Department, my right hon. Friend the Member for Maidenhead (Mrs May), has allocated £8,923,733 to 533W Written Answers6 SEPTEMBER 2011 Written Answers 534W helplines operated by the Home Department in 2011-12. 2011-12 The following table provides a summary of the amount total budget allocated and the purpose of each helpline. Helpline Purpose of helpline (£000)

2011-12 total budget NFA Helpline Purpose of helpline (£000) Action Fraud, the Action Fraud, the national 708 UKBA national fraud fraud reporting centre run by reporting centre the National Fraud Authority, Immigration Provides information about 2,404 operates a fraud reporting Enquiry Bureau— requirements regarding telephone line as part of its Croydon Contact permission to stay and settle service to collect fraud reports Centre in the United Kingdom for on behalf of the Police those subject to immigration control. This Contact Centre also offers a Public Enquiry Total Home 8,924 Office (PEO) appointment Office funding booking service for customers who have been unable to book an appointment online Departmental Work Experience The Sponsorship Provides information for 1,176 and Employers employers and education Bridget Phillipson: To ask the Secretary of State for Helpline— providers about sponsorship Sheffield Contact under the points based system, the Home Department pursuant to the answer to the Centre advice to employers about hon. Member for Liverpool, Wavertree (Luciana preventing illegal working and Berger) of 17 November 2010, Official Report, columns an e-mail service to employers 811-13W, on departmental work experience, what the who want to verify the beginning and end dates of each internship were; how entitlement to work for people awaiting the outcome of an many weeks each intern worked in the Department; application. The Contact how many hours were worked by each intern per week; Centre also provides whether each intern worked fixed hours; what the information about Bulgarian recruitment process was for each vacancy; and where and Romanian work permits the positions were advertised. [69477] and accession worker cards The Nationality Provides information about 736 Damian Green: The following table lists the beginning Contact Centre— British citizenship. The Liverpool Contact Contact Centre also answers and end dates of each internship; how many weeks each Centre general enquiries from intern worked in the Home Office; how many hours supported asylum seekers in were worked by each intern per week; and whether each relation to their weekly cash intern worked fixed hours. support, accommodation or emergency cash payments Internships for sandwich course students are advertised Total 2011-12 4,316 through fair and open competition to universities offering UKBA funding relevant degree courses. The Fast Stream summer placements were advertised IPS through the Cabinet Office at: General Register The General Register Office 2,100 www.faststream.gov.uk Office First Point Advice Line provides advice in The Windsor Fellowship Programme is advertised by of Contact respect of birth, marriage and the Cabinet Office at: death registrations and certificate issues; services are www.windsor-fellowship.org provided by Identity and In Annex A we have redacted figures less than five to Passport Service staff prevent disclosure of personally sensitive information The Customer Customer Enquiry service 1,800 and the potential identification of small groups or Enquiry Centres provided by Identity and individuals. Supplying these figures would contravene (CECs) Passport Service staff, the Department’s policy on statistical disclosure control, Total 2011-12 IPS 3,900 funding implementing the Statistics and Registration Act 2007 and the Data Protection Act.

Table A Number of Number of hours Number of hours Start date End Date weeks Number of staff per week per day

Sandwich students 26 July 2010 25 June 2011 48 Less than 5 37 7.24 2 August 2010 2 July 2011 48 Less than 5 37 7.24 9 August 2010 9 July 2011 48 Less than 5 37 7.24 6 August 2010 7 July 2011 48 Less than 5 37 7.24 16 August 2010 16 July 2011 48 Less than 5 37 7.24 17 August 2010 16 July 2011 48 Less than 5 37 7.24 23 August 2010 23 July 2011 48 Less than 5 37 7.24 535W Written Answers6 SEPTEMBER 2011 Written Answers 536W

Table A Number of Number of hours Number of hours Start date End Date weeks Number of staff per week per day

25 August 2010 23 July 2011 48 Less than 5 37 7.24 15 June 2009 2 October 2009 16 Less than 5 37 7.24 15 June 2009 14 May 2010 48 Less than 5 36 7.12 13 July 2009 11 June 2011 48 Less than 5 37 7.24 13 July 2009 12 July 2011 48 Less than 5 36 7.12 20 July 2009 19 June 2011 48 Less than 5 37 7.24 20 July 2009 20 June 2011 48 Less than 5 37 7.24 13 July 2009 13 June 2010 48 Less than 5 37 7.24 29 July 2009 29 June 2010 48 Less than 5 37 7.24 10 August 2009 10 July 2010 48 Less than 5 36 7.12 17 August 2009 16 July 2010 48 Less than 5 37 7.24 18 August 2009 16 July 2010 48 Less than 5 36 7.12 24 August 2009 23 July 2010 48 Less than 5 37 7.24 1 September 2009 31 July 2010 48 Less than 5 36 7.12 26 October 2009 20 August 2010 43 Less than 5 36 7.12

Graduate Fast Stream Programme 21 June 2010 30 July 2010 6 Less than 5 36 7.12 21 June 2010 6 August 2010 7 Less than 5 36 7.12 28 June 2010 20 August 2010 8 15 36 7.12 28 June 2010 27 August 2010 9 Less than 5 36 7.12 28 June 2010 10 September 2010 11 Less than 5 36 7.12 5 July 2010 27 August 2010 11 5 36 7.12 19 July 2010 10 September 2010 11 Less than 5 36 7.12

Bridget Phillipson: To ask the Secretary of State for removal centres to be established in Turkey under twinning the Home Department how many (a) persons undertaking arrangements with the UK Border Agency; and if she unpaid work experience, (b) unpaid interns and (c) will make a statement. [69681] other persons in unpaid positions were working in her Department as of 1 July 2011. [69518] Damian Green: Turkey has proposed the seven new Reception, Screening and Application (RSA) centres Damian Green: The Home Office does not centrally for asylum seekers and refugees will be near the cities of hold data on the number of persons undertaking unpaid Ankara, Erzurum, Gaziantep, Izmir, Kayseri, Kirklareli work experience. As at 1 July 2011 only paid interns and Van. The proposed sites of the two new removal were working in the Department. centres for illegal migrants will be Ankara and Erzurum co-located with the RSA centres. Turkey has yet to Deportation finalise all the details regarding construction of the centres, which has not yet commenced, so the precise Mr Stewart Jackson: To ask the Secretary of State for operational dates are not known, but it is not expected the Home Department how many citizens of other EU that any will be operational before 2013. member states normally resident in the Peterborough city council area were not (a) in employment, (b) The Secretary of State for the Home Department looking for employment and (c) in education and have does not intend to make a statement on this issue at this been removed by the UK Border Agency in each month juncture. since May 2010; and if she will make a statement. Mr Andrew Smith: To ask the Secretary of State for [68606] the Home Department how many UK Border Agency Damian Green: Since the UK Border Agency EU staff are working on the projects to establish reception rough sleepers pilot began in March 2010 there have and removal centres in Turkey under twinning been 39 enforced removals. All those removed had no arrangements. [69682] fixed abode and were not in employment or studying. A further 100 have taken advantage of the reconnection Damian Green: The UK Border Agency (UKBA) has service provided by Peterborough city council and returned been involved in two EU Twinning Projects on reception to their country of origin voluntarily after being encountered and removal centres in Turkey. At the present time by UK Border Agency and served a “minded to remove” UKBA has two staff dedicated to two projects. In letter. addition the UK Border Agency has also provided 15 different short term UKBA staff to support these projects Detention Centres from an expert perspective.

Mr Andrew Smith: To ask the Secretary of State for Mr Andrew Smith: To ask the Secretary of State for the Home Department what the proposed (a) locations the Home Department what involvement the UK and (b) operational dates are of the reception and Border Agency will have in (a) training staff and (b) 537W Written Answers6 SEPTEMBER 2011 Written Answers 538W managing reception and removal centres to be Mr Andrew Smith: To ask the Secretary of State for established in Turkey under twinning arrangements. the Home Department what health, education, legal [69683] advice and counselling services will be required to be provided by new reception and removal centres established Damian Green: The UK Border along with our Greek in Turkey under twinning arrangements with the UK (on the removal centres project) and Dutch partners has Border Agency; and whether any decisions have been provided training developed with the Turkish authorities taken on the providers of such services. [69688] in accordance with the contracts for the respective EU Twinning Projects. The training provided was to the Damian Green: New national legislation currently future trainers, staff and managers of the centres. The being drafted by the Turkish authorities before being UK Border Agency will have no involvement in the presented before their Parliament is likely to encompass managing of the reception and removal centres in Turkey. the requirements for health, education, legal advice and counselling services within the reception and removal centres. Full consultation with the member state partner Mr Andrew Smith: To ask the Secretary of State for countries of both removal and reception centres Twinning the Home Department whether those to be detained in Projects and with the European Commission has been reception and removal centres to be established in undertaken by Turkey during this process with a view to Turkey under twinning arrangements with the UK alignment with the EU law requirements in these areas. Border Agency will include (a) families with children However, as far as we are aware the Turkish authorities and (b) unaccompanied minors. [69685] have made no decisions as to who these providers will be or the anticipated level of provision of these services. Damian Green: Illegal migrants including families Drugs: Ion Spectrometry Technology with children are likely to be within the scope of being detained in the Removal Centres for Illegal Migrants. The reception, screening and accommodation centres Clive Efford: To ask the Secretary of State for the for asylum seekers and refugees are not detention facilities Home Department what her Department’s policy is on and those accommodated there will be free to interact the distribution of ion spectrometry technology in the with the local population. Unaccompanied minors in detection of drugs and explosive traces; how many Turkey fall under the responsibility of the Social Service such devices have been issued to police forces in the last and Child Protection Agency of the Prime Ministry year; and if she will make a statement. [66809] and will not routinely be accommodated in these facilities. James Brokenshire: Equipment for the detection of traces of drugs or explosives is widely used by UK Mr Andrew Smith: To ask the Secretary of State for police forces. Such equipment, which includes devices the Home Department whether the projects to establish based on ion mobility spectrometry technology, is purchased reception and removal centres in Turkey under independently by individual forces. It is not purchased twinning arrangements with the UK Border Agency or distributed centrally. There is no requirement for have been or will be subject to approval by (a) forces to notify a central point of contact when such Parliament and (b) the European Parliament. [69686] equipment has been purchased or issued.

Damian Green: The participation of the UK Border European Union Agency in these two EU Twinning Projects does not require parliamentary approval. Mr Kennedy: To ask the Secretary of State for the All candidate countries seeking to join the European Home Department what third pillar EU measures for Union are eligible to request capacity building projects which her Department is responsible have not yet been under the provisions of Twinning. As such approval by implemented; when they will be implemented; and if the European Parliament is not required for each she will make a statement. [69469] requirements document which is developed by the beneficiary country in consultation with the EU delegation James Brokenshire: There are around 80 to 90 Acts in situ. currently in force that were adopted before 1 December 2009 under the Police and Criminal Judicial Co-operation chapter (Title VI) of the Treaty on the European Union. Mr Andrew Smith: To ask the Secretary of State for This list is subject to change as Acts are repealed and the Home Department what the maximum time limit replaced or amended by new instruments. Approximately for detention will be in the removal centres to be two thirds of these are the responsibility of the Home established in Turkey under a twinning project with the Office and a majority have been fully or partially UK Border Agency. [69687] implemented. Article 10 of the Protocol on Transitional Provisions Damian Green: The maximum time limit for detention (Protocol 36) to the Treaty on the Functioning of the in the removal centres will be determined by new national European Union and to the Treaty on European Union legislation which is currently being drafted by the Turkish applies to these Acts, under which the UK has the right authorities before being presented before their Parliament. to opt out (en bloc) from all these measures in 2014 Full consultation with the member state partner countries when they will become subject to the jurisdiction of the of both removal and reception centres Twinning Projects European Court of Justice. The UK must decide whether and with the European Commission has been undertaken or not to opt out by 31 May 2014. The Government are by Turkey during this process with a view to alignment therefore considering the implementation of the remaining with the EU law requirements. measures in light of the wider process for making that 539W Written Answers6 SEPTEMBER 2011 Written Answers 540W decision. In accordance with the Minister for Europe’s Government Authorised Exchange schemes, of which written ministerial statement on 20 January 2011, the Medical Training Initiative is one. The purpose of Parliament will be kept informed of developments. the consultation is to invite views on this proposal. The consultation closes on 9 September. Europol A decision on the way forward will be assessed in the light of responses to the consultation, including those Stephen Gilbert: To ask the Secretary of State for the from the Royal Colleges. Home Department how many convictions there were in the UK resulting from a Europol operation in each Larne House Residential Detention Facility year since Europol became operational; what the offence was in each case; and if she will make a statement. [68475] Christopher Pincher: To ask the Secretary of State for the Home Department what the development costs are Nick Herbert: Europol does not undertake operational for the UK Border Agency’s Larne House residential activity itself. It acts as a conduit for the secure exchange detention facility; and what the estimated annual of information between member states and assists with operating costs for this facility are. [69429] the co-ordination of investigations when requested by member states. It also provides analytical support at the Damian Green: The contracted development costs for request of member states. Larne House are £812,173.65 excluding VAT. The final invoice has not yet been received, but the cost has been Any investigation remains the responsibility of the confirmed by the contractor as within budget. investigating member state and it is therefore not possible to provide information on the number of convictions in The annual operating cost for Larne House will be the UK resulting from Europol activity in each year around £1.479 million excluding VAT. The costs include since Europol’s inception. those of the operating contract (including 24 hour healthcare), lease of the building, rates, security and Forensic Science Service utilities.

Mr Knight: To ask the Secretary of State for the Legal Aid Scheme: Reform Home Department what steps she plans to take to ensure that the closure of the Forensic Science Service Catherine McKinnell: To ask the Secretary of State does not adversely affect the gathering of forensic for the Home Department whether she has made an evidence. [68490] assessment of the likely effect of the Government’s proposed reforms of civil legal aid on the work of the Lynne Featherstone: The closure of the Forensic Science Sojourner Project; and if she will make a statement. Service (FSS) does not affect the gathering of forensic [68798] evidence as this is an activity predominantly carried out by police forces to submit for examination and analysis. Damian Green: We are working closely with the Ministry The continuity of service to the Criminal Justice System of Justice to ensure that the needs of those involved in remains our primary objective during the wind down of the Sojourner Project are taken into account in the the FSS. development of the legal aid reform programme. The Government Authorised Exchange Medical Training Under-Secretary of State for Justice, my hon. Friend Initiative the Member for Huntingdon (Mr Djanogly) announced to the Public Bill Committee on the Legal Aid, Sentencing and Punishment of Offenders Bill on 19 July that the Sir Peter Bottomley: To ask the Secretary of State for Government intend to table an amendment in relation the Home Department what representations she has to cases arising under the immigration domestic violence received from consultant doctors on the Government rule, so that they will remain within the scope of civil Authorised Exchange Medical Training Initiative legal aid. (GAE MTI); what discussions her Department has held with the Royal College of Anaesthetists on the contribution of overseas trainees to (a) filling gaps, Licensing (b) reducing the level of locum cover and (c) avoiding the cancellation of training activity; how the MTI is Andrew Bridgen: To ask the Secretary of State for the regulated; whether she has received reports of any Home Department whether she has plans to review the misuse of the initiative; and if she will allow Sri effectiveness of the implementation of the Licensing Lankan trainees to come for the two years overseas Act 2003 in ensuring consistent application of licensing period their government requires for a consultant powers across the country. [69440] appointment. [69781] James Brokenshire: The Licensing Act 2003 gives Damian Green: The Government are committed to powers to local authorities to make licensing decisions reducing net migration to the United Kingdom. This that reflect the needs of their local communities. Reflecting requires action across all immigration routes of entry. those needs means that there will be variations between Against that background, the consultation document communities. Last summer the Home Office consulted ‘Employment-Related Settlement, Tier 5 and Overseas on empowering individuals, families and local communities Domestic Workers’, published on 9 June, sets out proposed to shape and determine local licensing. Those proposals changes to Tier 5. This includes a proposal to cap leave are now being taken forward through measures in the across the Tier 5 Temporary Worker route, which includes Police Reform and Social Responsibility Bill. 541W Written Answers6 SEPTEMBER 2011 Written Answers 542W

Licensing laws North of 19 April 2011, on the Winsor Review and a Royal Commission on Policing. [68797] Andrew Griffiths: To ask the Secretary of State for the Home Department whether her proposed exemption Nick Herbert: A reply has been sent to the hon. from regulation for micro-businesses will include exemption Member. from the late night levy. [68484] North Yorkshire Police Lynne Featherstone: The late night levy is a power of taxation, not a new regulation. On this basis, the exemptions Hugh Bayley: To ask the Secretary of State for the for micro and start-up businesses will not apply to the Home Department how many police officers of each late night levy. rank and grade were employed by North Yorkshire Police on (a) 31 March 2010, (b) 30 September 2010 Members: Correspondence and (c) 31 March 2011; and how many she expects to be employed in North Yorkshire at each rank and Graham Evans: To ask the Secretary of State for the grade on 31 March (i) 2012, (ii) 2013 and (iii) 2014. Home Department when she plans to respond to the [69846] letters from the hon. Member for Weaver Vale of (a) 1 March 2011 and (b) 2 June 2011 on behalf of Mrs Nick Herbert: The available information shows the Andrea Quinton. [69421] number of police officers employed in North Yorkshire police, by rank, as at 31 March 2010, 30 September Nick Herbert: A reply has been sent to my hon. 2010 and 31 March 2011. Decisions around the size and Friend. deployment of the police work force are a matter for chief constables to take locally in conjunction with their Catherine McKinnell: To ask the Secretary of State police authority and, from next year, their elected police for the Home Department when the Minister of State and crime commissioners (PCCs); therefore estimates for Policing and Criminal Justice plans to reply to the for the number of police officers for 2011-12, 2012-13 letter from the hon. Member for Newcastle Upon Tyne and 2013-14 are not available centrally.

The number of police officers employed in North Yorkshire police, by rank, as at 31 March 2010, 30 September 2010 and 31 March 20111 Total Chief Chief police ACPO rank Superintendent Superintendent Inspector Inspector Sergeant Constable officers

2010 31 March 4 5 10 16 83 250 1.118 1,486 30 September 4 4 10 16 85 207 1.126 1,452

2011 31 March 3 6 10 18 76 241 1,104 1,458 1 This table contains full-time equivalent figures mat have been rounded to the nearest whole number.

Parliament Square Nick Herbert: The latest available information shows that there were 392 police officers and 99 police community Mr Amess: To ask the Secretary of State for the support officers serving in the London borough of Home Department what recent discussions she has had Harrow as at 31 March 2011 (full-time equivalents). with the Mayor of London on removal of (a) tents and (b) other objects located on the pavements of Hugh Bayley: To ask the Secretary of State for the Parliament Square; and if she will make a statement. Home Department how many North Yorkshire police [69837] officers were deployed in (a) London, (b) Birmingham, (c) Manchester and (d) other places in response to Nick Herbert: The Government continue to work public disorders in August 2011; and how much the closely with the Greater London Authority, Westminster police authorities in each of the receiving areas will pay city council and the Metropolitan Police Service on the North Yorkshire police for these deployments. [69656] measures the Government are bringing forward in the Police Reform and Social Responsibility Bill to prevent Nick Herbert: This information is not collected centrally the erection of tents and to deal with other disruptive by the Home Office. activities on Parliament Square in a targeted, proportionate and enforceable way. Police: Ealing Police Mr Thomas: To ask the Secretary of State for the Mr Thomas: To ask the Secretary of State for the Home Department how many complaints her Home Department how many (a) police officers and Department has received on the performance of police (b) police community support officers were serving in officers based in the London borough of Ealing in each the London borough of Harrow on 5 April 2011; and if of the last five years; and if she will make a statement. she will make a statement. [68747] [69054] 543W Written Answers6 SEPTEMBER 2011 Written Answers 544W

Nick Herbert: The Home Office does not collect such Theft Working Group the feasibility of introducing a data. non-statutory cashless trading model for scrap metal dealers. [69812] Police: Ports James Brokenshire: Discussions are continuing with Jackie Doyle-Price: To ask the Secretary of State for the scrap metal trade, the police and other Government the Home Department whether she plans to bring Departments to develop a range of potential solutions forward legislative proposals to alter the jurisdiction of to tackle the theft of metal. port police forces. [68622]

Nick Herbert: As I have previously said in correspondence Warwickshire Police Authority with my hon. Friend, officials at the Home Office and the Department for Transport are exploring a range of Chris White: To ask the Secretary of State for the potential legislative options to address the issues that Home Department what funding her Department she has raised around the jurisdiction of port police provided to Warwickshire Police Authority in each year forces. since 2005. [69499] Speed Limits: Cameras Nick Herbert: The funding provided to Warwickshire for the years 2005-06 to 2011-12 is set out in the Mr Knight: To ask the Secretary of State for the following table. Home Department what type testing has been carried out on the super speed camera or TruCam; what plans Home Office funding for Warwickshire 2005-06 to 2010-11 she has for its future use; and if she will make a Core Home Office funding (£) statement. [69756] 2005-06 30,620,500 2006-07 31,947,346 Nick Herbert: For reasons of commercial confidentiality 2007-08 32,748,367 the Home Office does not comment on individual devices 2008-09 33,185,839 that may or may not be going through the type approval 2009-10 34,143,978 process. All devices submitted to the process undergo tests of their compliance with HO prescribed standards 2010-11 34,361,644 and field tests with the police as to their operational 2011-12 35,185,705 practicality. Once a device has been type approved, it is These figures do not include grants from the Department an operational matter for the police how they use it. for Communities and Local Government or funding Telephone Tapping relating to counter-terrorism.

Nick Smith: To ask the Secretary of State for the Chris White: To ask the Secretary of State for the Home Department if she will discuss with the Home Department what the costs of administration Metropolitan police (a) the allocation of (i) staff and were of the Warwickshire Police Authority in each year (ii) financial resources to Operation Weeting and (b) since 2005. [69501] the rate at which the operation is contacting potential victims of telephone hacking. [69424] Nick Herbert: The internal running costs of the Warwickshire Police Authority are not collected centrally. Nick Herbert: The resourcing and conduct of the However, these data are available at: investigation are operational matters for the Metropolitan http://www.warwickshire.police.uk/pubscheme2009/ Police Service. The Prime Minister has told Parliament Publicationscheme09/whatspendandhow that he has been assured that Operation Weeting is fully resourced. Written Questions: Government Responses Theft: Metals Mr Jim Cunningham: To ask the Secretary of State Bridget Phillipson: To ask the Secretary of State for for the Home Department when she plans to answer the Home Department what assessment her Department question 54715 tabled on 3 May 2011 for answer on 9 has made of the risks to the critical national infrastructure May 2011 on categorisation of police functions. [68478] from metal thieves. [69809] James Brokenshire: I refer the hon. Member to my James Brokenshire: The Home Office is working with answer of 18 July 2011, Official Report, column 654W. other Government Departments to assess the impact of metal theft on communities, businesses and the national infrastructure, and to develop a range of potential solutions. DEFENCE Bridget Phillipson: To ask the Secretary of State for the Home Department pursuant to the answer to the Afghanistan: Peacekeeping Operations hon. Member for Tynemouth of 30 March 2011, Official Report, column 371W, on metals: sales, what Mr Ainsworth: To ask the Secretary of State for progress she has made in exploring with the Defence which elements of the Royal Marines are deployed Association of Chief Police Officers Conductive Metal on operations in Afghanistan. [68829] 545W Written Answers6 SEPTEMBER 2011 Written Answers 546W

Nick Harvey: I refer the right hon. Member to the provide an agile and capable landing force, led by a statement made by the Secretary of State for Defence, Brigadier, based around a Lead Commando Group of my right hon. Friend the Member for North Somerset up to 1,800 personnel plus enablers. (Dr Fox) on 14 December 2010, Official Report, columns 90-93WS. Astute Class Submarines Air Force: Military Bases Alison Seabeck: To ask the Secretary of State for Mr Jim Cunningham: To ask the Secretary of State Defence whether his Department has contingency for Defence what assessment his Department has made plans in place for the independence relocation of of the socio-economic effects of his recent announcement Astute-class submarines in the event of the devolution of defence policy in Scotland. [69465] on RAF basing. [68918]

Dr Fox: In my written ministerial statement of 18 July Dr Fox: The Ministry of Defence is not spending any 2011, Official Report, columns 60-70WS, I set out our of its time or resources planning for the hypothetical strategic long-term direction on Defence basing across situation of an independent Scotland. the United Kingdom. I said we ″recognised that Defence decisions have broader regional, economic and social Defence Equipment and Support: Recruitment consequences” and these formed part of the wider Government consideration. Anas Sarwar: To ask the Secretary of State for Comprehensive planning work is now under way to Defence what estimate he has made of recruitment and assess in detail the likely socio-economic effects on retention rates for Defence Equipment and Support affected communities across the United Kingdom such staff based in (a) Glasgow and (b) Bristol. [69386] as on local schools and housing. This will involve appropriate and necessary engagement with partners Mr Robathan: Defence Equipment and Support currently such as the relevant local authorities, devolved employs around 100 civilian staff in Glasgow and around Administrations, and other Government Departments 5,500 civilian staff at its headquarters in Bristol. The and agencies. We intend to base our armed forces in a significant difference in numbers means that direct way that is sensitive to economic and social pressures comparisons cannot readily be made. In the year to July but is consistent with the needs of Defence, our people, 2011, about 2.5% of Bristol staff and about 1% of and their families. Glasgow staff left through retirement or resignation compared with around 4.5% for Defence Equipment Armed Forces: Deployment and Support as a whole. The restrictions on recruitment across the whole of Mr Ainsworth: To ask the Secretary of State for the Ministry of Defence mean that there has only been Defence what assessment he has made of the impact of external recruitment into critical or specialised posts. In implementation of the proposals contained in the the year to July 2011, we recruited around 150 new staff Strategic Defence and Security Review on the (a) size, in Bristol and none in Glasgow. (b) capability and (c) deployability of 3 Commando Brigade. [68827] Departmental Alcoholic Drinks Nick Harvey: The reductions in naval manpower announced in the Strategic Defence and Security Review Mr Kevan Jones: To ask the Secretary of State for will include a reduction of around 650 in the Royal Defence what budget his Department plans to allocate Marines’ headcount. The Royal Marines’ 3 Commando to (a) entertainment and (b) the purchase of alcohol Brigade will provide a key element of our high readiness in each of the next three years. [67085] response force. With the Royal Navy’s amphibious shipping, 3 Commando Brigade will have strategic reach and will Mr Robathan: We use official entertainment to pursue be able to land and sustain from the sea a commando UK security policy interests, facilitate a wider public group of up to 1,800 personnel, together with protective understanding of the armed forces, and enhance vehicles and other equipment. Other elements of the professional contacts within the UK and with other Royal Marines will continue to undertake a wide range nations. Expenditure on official entertainment must be of tasks including protecting the nuclear deterrent and modest and is incurred according to business need. contributing to operations against piracy in the Indian Expenditure has shown a significant reduction over the Ocean. past few years, as illustrated in the following table:

Mr Ainsworth: To ask the Secretary of State for £ million Defence (1) who will lead 3 Commando Brigade following 1997-98 5.0 implementation of the proposals in the Strategic Defence 1998-99 5.6 [68828] and Security Review; 1999-2000 5.5 (2) what the current state of readiness is of 3 2000-01 6.0 Commando Brigade. [68877] 2001-02 7.2 2002-03 7.3 Nick Harvey: We do not disclose specific readiness 2003-04 8.0 levels of our units, but by implementing the proposals 2004-05 6.5 set out in the Strategic Defence and Security Review, 2005-06 5.4 3 Commando Brigade Royal Marines will continue to 547W Written Answers6 SEPTEMBER 2011 Written Answers 548W

Departmental Manpower £ million

2006-07 43 Andrew Griffiths: To ask the Secretary of State for 2007-08 4.2 Defence pursuant to his oral statement of 18 July 2011, 2008-09 4.3 Official Report, columns 643-62, on defence 2009-10 3.8 transformation, what he expects the ratio of staff of his 2010-11 1.8 Department to full-time military personnel to be after the implementation of his proposed changes. [68486] While current planned annual expenditure stands at some £3 million over the next three years, we expect Dr Fox: The ratio of Ministry of Defence civilian actual expenditure to remain low as we continue to staff to full time trained service personnel in 2010, and restrain this business activity. expected ratios for 2015 and 2020 are as follows: There is no separate forecast for alcohol. The provision of alcohol at public expense must be in moderation and Ratio of civilian to service the circumstances in which alcohol may be offered is personnel constrained. 2010 1:2.1 2015 1:2.6 Departmental Assets 2020 1:2.7

Mr Arbuthnot: To ask the Secretary of State for Departmental Official Cars Defence whether a data standard is used to identify his Department’s assets; and if he will publish any such Stephen Williams: To ask the Secretary of State for standard. [68523] Defence what the cost to his Department was of the provision of ministerial cars in each financial year Peter Luff: The Ministry of Defence uses data standards between 2000-01 and 2010-11; how many (a) cars for to identify both its non-current assets, formerly referred the exclusive use of Ministers and (b) ministerial car to as fixed assets, and its inventory assets. This information journeys were paid for by his Department in each such is contained within Joint Services Publications (JSPs) year; what the average cost to his Department of a 472 (Financial Accounting and Reporting Manual) and ministerial car journey was in each such year; and what 886 (Inventory Management), which are available on steps his Department has taken to reduce the cost of the internet, at the following addresses: ministerial cars since his appointment. [62989] JSP 472—Annex 8 http://www.mod.uk/DefenceInternet/AboutDefence/ Dr Fox: This information is not held in the format CorporatePublications/FinanceandProcurementPublications/ requested for all the years. Available information on the FinancialJSPs/Jsp472ResourceAccountsPolicyManual.htm provision of official cars for Defence Ministers is as JSP 886—Volume 2 Inventory Management Part 6 follows: —Financial Accounting for Inventory—Page 8 http://www.mod.uk/NR/rdonlyres/188EDF70-6F1E-48FE- Financial year Car cost (£) Car numbers A24C-C304698FC270/0/ 2000-01 191,000 1— JSP886_Vol2_Pt6_FinancialAcc091209 V1_2.pdf 2001-02 192,500 1— 2002-03 209,000 1— Departmental Freedom of Information 2003-04 142,000 1— 2004-05 142,000 1— Mr Watson: To ask the Secretary of State for 2005-06 1— 1— Defence what recent discussions he has had with the 2006-07 1— 1— Information Commissioner’s Office on steps to 2007-08 1— 1— improve his Department’s performance in responding 2008-09 290,100 25 to requests made under the Freedom of Information 2009-10 324,433 25 Act 2000. [69773] 2010-11 3171,041 40 1 Not recorded. Mr Robathan: The Secretary of State for Defence, my 2 Four Ministry of Defence (MOD) vehicles and one provided by the right hon. Friend the Member for North Somerset (Dr Government Car and Despatch Agency. 3 This includes £39,419 for ministerial car services provided by the Fox), has not discussed the Freedom of Information Government Car and Despatch Agency. Act (FOIA) 2000 with the Information Commissioner’s 4 The Secretary of State is driven and protected by the Metropolitan Office (ICO). Police. Junior Defence Ministers use a central MOD car pool that provides a service to them and to senior military officers and officials The Ministry of Defence (MOD)’s Permanent Under- working in Main Building. Secretary met the Information Commissioner on 22 June 2011 having previously signed an undertaking to We do not collect information on individual ministerial improve the MOD’s performance in dealing with requests car journeys and cannot therefore make estimates of for information under FOIA. The undertaking is available their average cost. on the ICO website at the following address: To reduce costs, the junior Defence Ministers have http://www.ico.gov.uk/what_we_cover/promoting_openness/~/ given up their cars with a dedicated driver and now media/documents/library/Freedom_of_Information/Notices/ share pool cars. As a further savings measure, they will mod_foi_undertaking.ashx use public transport instead of a car where practicable. 549W Written Answers6 SEPTEMBER 2011 Written Answers 550W

Departmental Procurement the Efficiency and Reform Group’s tough new efficiency regime which will drive savings in procurement, major projects and estate management; Owen Smith: To ask the Secretary of State for and that, in result, Departments would no longer be Defence what methodology (a) his Department and required to report against the previous Government’s (b) the non-departmental public bodies for which he is efficiency target. responsible used to estimate savings to the public purse In August 2011, the Minister for the Cabinet Office made in respect of its procurement and purchasing and Paymaster General, my right hon. Friend the Member since May 2010. [69276] for Horsham (Mr Maude), announced that the Efficiency and Reform Group’s new measures had saved £3.75 Peter Luff: I refer the hon. Member to the answer billion over 2010-11. Ministry of Defence (MOD) savings given by the Chief Secretary to the Treasury, my right in the relevant categories were included in the overall hon. Friend the Member for Inverness, Nairn, Badenoch figure. The MOD also spends substantial amounts on and Strathspey (Danny Alexander), on 15 November procuring and purchasing goods and services that are 2010, Official Report, columns 615-16W, to the hon. not covered by the Efficiency and Reform Group’s Member for Southport (John Pugh). He said that the regime, particularly the acquisition of military capability. Government had announced a more specific and innovative The MOD does not use a set method for estimating approach to efficiency and reform across the public savings to the Defence budget from changes to these sector, including: activities. a reduction in administration budgets of 34% across the whole This impact was assessed using methodologies as of Whitehall and its arm’s length bodies saving £5.9 billion a shown in the following table. The assessment has been year by 2014-15; independently verified by Government auditors who radically reducing the number of arm’s length bodies across found the benefits assertions to be fairly calculated and government; and presented.

Activity and calculation method Area Activity description Evidence base/Calculation

Consulting Government put in place a moratorium on new Savings are calculated by subtracting total consulting spend, and extensions to existing departmental reported spend on consultancy for contracts. Where spend was considered 2010-11 from total departmental reported spend on operationally critical (for example, where it might consultancy for 2009-10. To reduce the risk of costs put at risk critical services) an exception process shifting between categories, we also monitored existed for Department Ministers to sign off expenditure on other Professional Services categories, expenditure over £20,000. including contingent labour.

Crown commercial Government have renegotiated deals with some of The method of calculation varies according to the the largest suppliers to government. initiative that yields the saving, but was based on cash releasing savings against a baseline of what would have otherwise been spent. This was often price savings against the previous price paid. Savings agreed with suppliers are recorded in memoranda of understanding as guaranteed-in-year or conditional-in-year savings. Realised savings were subsequently tracked back to departmental verification of supplier progress reports.

Contingent Labour Government has significantly cut the number of Savings are calculated by subtracting total temporary staff. departmental reported spend on contingent labour for 10-11 from total departmental reported spend on contingent labour for 2009-10.

Communications Government froze all new marketing spend unless Calculations compare departmental spend on it is an operational necessity. Where spend was marketing and advertising through COI for 2010-11 proposed, ministerial sign-off was required for with that for 2009-10. £20,000 or above.

Centralising procurement Government have started to centralise spend on For each initiative, calculations are performed using common goods and services to drive down prices. individual benefit methodologies that set out how These savings derive from the 10 categories of savings will be calculated against an 2009-10 price expenditure targeted for centralisation, and relate baseline. Evidence is management information to price savings through increased aggregation. provided by suppliers.

ICT We implemented: a) a moratorium on all new ICT Calculations are based on departmental reports of spend above £1 million; and b) a review of all spend that has not proceeded. Spend that has not gone ongoing ICT commitments. Departments also ahead in 2010-11 is recorded, as a result of stopping or reported those projects that were closed before reducing spend. Further, sustainable savings are undergoing the review. targeted through the Government ICT strategy. 551W Written Answers6 SEPTEMBER 2011 Written Answers 552W

Activity and calculation method Area Activity description Evidence base/Calculation

Major projects We reviewed the Government’s biggest projects to HMT have provided assurance that the relevant see where 2010-11 costs could practically be amounts were removed from departmental budgets reduced within contractual constraints, or following the Major Projects related negotiations wasteful projects stopped altogether. We have halted or curtailed spend on four projects: 14-19 Reform—£60 million Identity Cards—£50 million Highways Agency Projects—£54 million Whole Farm—£5 million We have redacted £22 million of potential double counting from these figures, that arises between this work and our supplier renegotiation work stream. £14.9 million arises from the Home Office National Identity Cards and £6.7 million from DEFRA Whole Farm.

Property We put in place national property controls such Calculations are property by property based on the that signature of new property leases or lease amount departments have reported saved through the extensions were approved centrally. It has not Government’s property database by non-renewal of always been possible to net off all costs associated property leases at lease breaks or upon lease expiry. with vacating buildings. However, we have also not claimed savings in respect of revenue from property disposals.

Departmental Regulation European Defence Agency: Manpower

Stephen Gilbert: To ask the Secretary of State for Julian Smith: To ask the Secretary of State for Defence what information his Department holds on (a) Defence what process his Department follows for the the number of staff of the European Defence Agency, production of regulatory guidance; and how many (b) their nationality and (c) their grade in each year officials of his Department were involved in the since it became operational; and if he will make a production of such guidance on the last date for which statement. [68481] figures are available. [67208] Mr George Howarth: The Ministry of Defence does Mr Robathan: The Ministry of Defence regularly not hold employee information for the European Defence produces guidance on aspects of legislation which affect Agency (EDA) but the details can be obtained from the the armed forces to ensure that users can be confident agency’s financial reports which are published on their they are complying with the law. Such guidance is website, at the following address: produced following detailed consultation with interested http://www.eda.europa.eu/Documents parties so that it is comprehensive and meets user needs. The EDA do not, however, release information on Figures are not available on the number of officials the nationality of their employees. involved in the production of such guidance. However, The agency is comprised of three categories of staff: this would not be their sole responsibility as officials Temporary Agents (TA) who are paid fully by the would generally undertake this task as part of their agency; Seconded National Experts (SNE), whose salary wider duties. is paid by the parent nation, and their daily allowance by EDA; and Contract Agents (CA), who are not part of the Staff Establishment Plan, but are paid for by the Departmental Work Experience EDA. At present, the EDA employs 122 members of staff of which the UK footprint is currently nine TAs and Bridget Phillipson: To ask the Secretary of State for one SNE. Defence how many (a) persons undertaking unpaid work experience, (b) unpaid interns and (c) other The UK successfully secured a freeze on the agency’s persons in unpaid positions were working in his budget for 2011 and the agency has proposed no further increase for 2012. Department as of 1 July 2011. [69505] European Fighter Aircraft Mr Robathan: We offer a number of summer diversity internships for undergraduates each year. Full information Mr Jim Cunningham: To ask the Secretary of State on this scheme is at: for Defence where the Eurofigher Typhoon aircraft will be based; and if he will make a statement. [68921] www.civilservice.gov.uk/faststream The Ministry of Defence does not offer opportunities Peter Luff: Following the outcome of the Basing to undertake unpaid work. Work experience placements review which the Secretary of State for Defence, the are generally short term, most commonly during half right hon. Member for North Somerset (Dr Fox), term and school holidays, for year 10 and 11 students, announced to Parliament on 18 July 2011, Official college students (17 to 19 years of age) and undergraduates. Report, columns 643-45, Typhoon aircraft will move Information on the numbers of work experience placements from RAF Leuchars to RAF Lossiemouth. Typhoon offered each year is not held centrally. aircraft will also continue to be based at RAF Coningsby. 553W Written Answers6 SEPTEMBER 2011 Written Answers 554W

Ex-servicemen: Identity Cards Ex-servicemen: Northern Ireland

Gemma Doyle: To ask the Secretary of State for Gemma Doyle: To ask the Secretary of State for Defence whether he has considered an identity card Defence what steps his Department has taken and what scheme for veterans; and if he will place in the Library plans it has to support veterans who have (a) served in papers relating to plans for any such scheme. [69026] Northern Ireland and (b) been affected by terrorism linked to Northern Ireland. [69153] Mr Robathan: A veteran’s identity card was considered by the Task Force on the Military Covenant led by Mr Robathan: Former members of the armed forces Professor Hew Strachan, who recommended the with illness or conditions caused by service in Northern introduction of a Veterans Privilege Card. The Ireland and elsewhere receive financial support through Government’s response to this report was published on the Armed Forces Compensation Scheme (AFCS) or 16 May 2011, and we announced that will launch a the War Pensions Scheme. The Veterans’ Welfare Service veterans’ card which will allow access to commercial offers advice to all war pensioners and AFCS recipients discounts and privileges both locally and nationally. and their families for as long as they need it. This will be linked to the renewal of the Defence Those who served in the Ulster Defence Regiment or Discount Scheme next year. the Royal Irish Regiment (Home Service) and who live in Northern Ireland are able to draw on the Ulster Ex-servicemen: Military Decorations Defence Regiment and Royal Irish Regiment (Home Service) Aftercare Service, funded by the Ministry of Gemma Doyle: To ask the Secretary of State for Defence (MOD), which provides a one-stop shop for Defence (1) what the cost to the public purse was of the accessing medical and welfare support. veterans lapel badge scheme in each year since its The MOD is committed to good health and well-being inception; [69023] for its personnel both in service and in dealing with any (2) how many veterans lapel badges have been issued consequences of service once they have left. MOD under the veterans lapel badge scheme in each region in officials work very closely with the UK Health Departments each year since the scheme’s inception. [69024] on issues relating to support to serving and former service personnel, in particular through the Partnership Mr Robathan: The following table details the cost to Board which brings together senior officials and medical the Ministry of Defence of procuring the veterans’ lapel experts in the MOD and the four UK Health Departments. badge since its inception. Ex-servicemen: Sleeping Rough Financial year Cost (£000) Gemma Doyle: To ask the Secretary of State for 2004-05 39 Defence what estimate he has made of the number of 2005-06 0 people with an armed forces background who have 2006-07 275 been sleeping rough in each year since 2000; and what 2007-08 215 proportion of the total number of rough sleepers in 2008-09 184 each such year that figure represents. [69155] 2009-10 0 2010-11 66 Mr Robathan: Statistics on the number of people 2011-12 0 with an armed forces background who have been rough Notes: sleeping in the UK are not available. The CHAIN 1. Figure for financial year 2011-12 is as at 16 August 2011. (Combined Homelessness and Information Network) 2. Rounding to the nearest thousand has been applied to all figures. survey funded by the Department for Communities and 3. The figures do not include staff or postage and packing costs. Local Government has collected data from the London Information about the number of veterans’ lapel homeless population over the last three financial years. badges by region is not held. As at 27 July 2011, 846,093 Their statistics show that 2.1%, representing 36 individuals, veterans’ lapel badges have been issued to former members of those seen rough sleeping in London between 1 April of the armed forces and war widows since the scheme’s 2010 to 31 March 2011 had previously served in HM inception. armed forces. This compares with 3%, or 57 individuals last financial year, and 4% in 2008-09. We will maintain Gemma Doyle: To ask the Secretary of State for our relationships with voluntary and community sector Defence whether he has any plans for an award for the organisations to ensure we continue to address the issue spouses of veterans; and if he will make a statement. of veterans’ homelessness. [69025] Medals Mr Robathan: The partners of both serving and former service personnel continue to have my deepest Mr Gray: To ask the Secretary of State for Defence respect. They are too often overlooked even though pursuant to the answer of 19 July 2011, Official Report, they provide invaluable support and endure demands column 867W, on medals, how often the Polar Medal beyond those encountered by the rest of society. None Assessment Committee meets; and by what means the less, we have no plans to award formal recognition. recommendations of suitable recipients of the medal Medals are awarded for gallantry, long service, service are made to it. [69430] on qualifying operations, and commemorative purposes. There are no plans to extend eligibility to partners, Mr Robathan: The Polar Medal Assessment Committee beyond those medals already awarded posthumously. meets annually. 555W Written Answers6 SEPTEMBER 2011 Written Answers 556W

Recommendations for suitable recipients for the medal The EDA do not hold records on the nationality of are made in accordance with the revised Polar Medal individuals trained through the initiative, and, therefore Royal Warrant as published on 14 September 1998 in the only way to gain the information would be to track the London Gazette. individual pilots and seek authorisation for release of information regarding subsequent deployment. Military Aircraft: Helicopters Military Aircrafts

Stephen Gilbert: To ask the Secretary of State for Jonathan Edwards: To ask the Secretary of State for Defence (1) how many British helicopter pilots who Defence how many complaints his Department has have received training under the European Defence received from each parliamentary constituency in Agency’s Helicopter Initiative have subsequently been respect of low-flying military aircraft in each of the last deployed in combat roles; and if he will make a 10 years. [67123] statement; [68477] (2) how many British helicopter pilots have received Mr Robathan: The data are not held in the format training under the European Defence Agency’s requested. Complaints about military low flying are Helicopter Initiative; and if he will make a statement. recorded by the low flying area in which they occur. [68480] Data on the amount of low flying conducted, and the number of complaints received, is published annually Mr George Howarth: To date, 12 UK helicopter crews to Parliament in “The Pattern of Military Low Flying have participated in the European Defence Agency across the UK”. Since 2009-10 the publication has been (EDA) sponsored helicopter training exercises. These retitled as “Military Low Flying in the United Kingdom exercises have involved more than 100 UK personnel, statistical appendix.” including ground crew, and the intention is to deploy Prior to 2006-07, the published figure for complaints them in theatres of operations as part of the normal was an overall total; however, the complaints database national rotational cycles. Specific information on the has been analysed to provide figures for each Low deployment of UK helicopter pilots who have trained Flying Area (LFA) and Tactical Training Area (TTA) through the EDA Helicopter Initiative is not held centrally since 2004-05. These figures are given in the following and could be provided only at disproportionate cost. tables.

Low Flying Area 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11

LFA 1 452 517 516 432 520 561 640 LFA 2 648 684 599 471 360 396 409 LFA 3 21 10 18 7 10 8 19 LFA 4 273 308 384 230 293 430 183 LFA 5 437 289 563 377 393 435 323 LFA 6 261 262 197 201 216 258 195 LFA 7 483 426 455 363 252 305 269 LFA 8 96 87 104 90 77 86 102 LFA 9 175 234 233 183 289 244 262 LFA 10 141 149 141 93 83 116 85 LFA 11 365 342 317 263 179 237 190 LFA 12 112 91 99 65 97 67 59 LFA1311153233213117 LFA 14 380 479 459 498 283 261 219 LFA 16 109 125 161 145 114 98 107 LFA 17 226 159 173 160 112 135 115 LFA 18 134 162 103 106 99 226 193 LFA 191 n/a n/a n/a 0 105 78 27 1 Northern Ireland (LFA 19) has only been included in the UK Low flying system since the termination of Op Banner; complaint figures have therefore been supplied from 1 August 2008, as flying prior to this was largely deemed to be operational rather than training.

Tactical Training Area 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11

TTA7T20936827 TTA14T1223108642 TTA 20T 151 117 55 29 15 55 23

Military Aircrafts: Farmers for livestock losses attributable to low-flying military aircraft in each year since 2004. [67122] Jonathan Edwards: To ask the Secretary of State for Defence how much his Department paid in compensation Mr Robathan: Compensation including legal costs to farmers in (a) England, (b) Scotland and (c) Wales paid for livestock losses attributable to low-flying military 557W Written Answers6 SEPTEMBER 2011 Written Answers 558W aircraft in England, Scotland and Wales in each year deploying on an OA earning deployment, or on POL or since 2004 is provided in the following table: accrued rest and recuperation will not be selected for redundancy unless they have volunteered. £ England Scotland Wales Zac Goldsmith: To ask the Secretary of State for Defence pursuant to the statement of 18 July 2011, 2004 190,614 41,854 207,325 Official Report, columns 643-6WS, on defence 2005 311,192 13,762 75,426 transformation, whether he has any plans for the 2006 203,233 33,619 24,902 reinstatement of gap year commissions. [69532] 2007 179,570 7,458 70,546 2008 204,899 10,487 67,827 Mr Robathan: There are no current plans to re-introduce 2009 204,887 6,468 11,265 the gap year commission programme. 2010 100,593 3,261 21,845 Trident The figures represent payments in respect of all claims which relate to loss of or injury to animals; the claims Dan Jarvis: To ask the Secretary of State for Defence data base does not record whether the claimants are what his latest estimate is of the cost of replacing farmers. Trident. [69057]

Nick Harvey: As was explained in the Parliamentary Military Bases: Security Report “The United Kingdom’s Future Nuclear Deterrent: The Submarine Initial Gate” published in May 2011, we Dan Byles: To ask the Secretary of State for Defence assess that the cost of replacing Trident is within the what plans he has to consult on potential changes in 2006 White Paper estimate of £15 billion to £20 billion high-level security policy and requirements in civil at 2006-07 prices. policing of military establishments; and what the timetable is for any consultation. [67306] HEALTH Mr Robathan: A consultation process in respect of proposed adjustments to some specific guarding and Abortion civil policing policies and requirements began on 5 July. Responses from the relevant staff associations and trade unions have been sought by 16 August 2011. Ms Abbott: To ask the Secretary of State for Health what policy development his Department is undertaking on abortion policy; and what his policy is Strategic Defence and Security Review on the provision of independent counselling for women having an abortion. [68839]

Mr Jim Cunningham: To ask the Secretary of State Anne Milton: The Department plans to publish a for Defence what his policy is on the conduct of five-yearly sexual health policy document in autumn this year. The defence reviews; and if he will make a statement. [68919] document will set sexual health in the context of health reform and the proposed new commissioning arrangements Dr Fox: As we set out in the Strategic Defence and and will promote the evidence base for improving sexual Security Review, we are committed to undertake such health, including reducing the number of abortions. reviews every five years. The next review is due in 2015. We are looking to strengthen existing arrangements to offer all women considering an abortion access to Mr Jim Cunningham: To ask the Secretary of State independent counselling provided by appropriately qualified for Defence pursuant to his oral statement of 18 July individuals. We are drawing up proposals and will consult 2011, Official Report, column 643, on defence on the proposals later this year. transformation, whether personnel serving in (a) Afghanistan and (b) Libya will be affected by the Alcoholic Drinks: Misuse planned reduction in Army personnel by 2020; and if he will make a statement. [68920] Rushanara Ali: To ask the Secretary of State for Health how many people were treated for alcohol- Mr Robathan: Personnel who are on combat operations related illnesses in (a) London and (b) the area that qualify for the operational allowance (OA) on 1 covered by NHS East London and the City. [69208] September 2011, or are within six months of deploying on an OA earning deployment, or on post operational Anne Milton: The information is not collected in the leave (POL) or accrued rest and recuperation will not be format requested. selected for redundancy unless they have volunteered. The following table provides the number of finished It is too early to say if personnel currently serving in admission episodes which are estimated to be alcohol Afghanistan and Libya will be affected by the further related for the London Strategic Health Authority (SHA) reductions in Army personnel by 2020. For future area of residence and the primary care trusts (PCTs) of redundancy tranches, personnel on combat operations residences within the London SHA area for the year that qualify for the OA on the date redundancy notifications 2009-10. are made to individuals, or are within six months of Statistics provided are correct as at 25 July 2011. 559W Written Answers6 SEPTEMBER 2011 Written Answers 560W

Number of finished admission episodes which are estimated to be alcohol- Mrs Laing: To ask the Secretary of State for Health related1 for London SHA of residence and PCTs of residence within London SHA2,3 2009-104: Activity in English NHS Hospitals and English NHS what changes his Department have made to the number commissioned activity in the independent sector of alcohol-related (a) primary and (b) secondary diagnosis SHA/PCT of residence Alcohol related admissions fields in a hospital episode statistics record since 2002-03. [69432] London SHA 127,509 Barking and Dagenham 3,279 Anne Milton: In 2002-03, Hospital Episode Statistics Barnet 5,379 data included information for up to 14 diagnoses (one Bexley 3,415 primary and 13 secondary) and since 2007-08 it has Brent Teaching 4,794 included information for up to 20 diagnoses (one primary Bromley 5,368 and 19 secondary). This change applied to the whole Camden 3,495 Hospital Episode Statistics data set. An alcohol-related City and Hackney Teaching 3,576 diagnosis can appear in any of these diagnosis fields. Croydon 6,071 Alcoholic Drinks: Yorkshire and the Humber Ealing 6,655 Enfield 4,878 Andrew Jones: To ask the Secretary of State for Greenwich Teaching 3,258 Health what the cost to the NHS was of alcohol-related Hammersmith and Fulham 3,152 admissions in (a) Harrogate and District area and (b) Haringey Teaching 3,854 Yorkshire and the Humber in the last 12 months for Harrow 3,544 which figures are available. [69450] Havering 4,545 Anne Milton: Information is not available in the format Hillingdon 5,399 requested. Information on the number of finished admission Hounslow 4,513 episodes estimated to be wholly, or wholly or partially, Islington 3,705 alcohol-related for Yorkshire and the Humber Strategic Kensington and Chelsea 2,235 Health Authority (SHA), North Yorkshire and York Kingston 2,344 Primary Care Trust (PCT) and Harrogate Local Authority Lambeth 3,824 (LA) for 2009-10 has been provided in the following Lewisham 4,065 table. Data relating to costs are not held centrally. Newham 4,632 Number of finished admission episodes estimated to be alcohol-related for Redbridge 4,456 Yorkshire and the Humber SHA, North Yorkshire and York PCT and Harrogate LA 2009-10: Activity in English national health service hospitals and English Richmond and Twickenham 2,552 NHS commissioned activity in the independent sector Southwark 3,665 Wholly or Sutton and Merton 6,135 Wholly partly Tower Hamlets 2,979 attributable to attributable alcohol total Waltham Forest 4,482 Wandsworth 3,812 Yorkshire and the Humber SHA of residence 26,685 105,527 Westminster 3,447 North Yorkshire and York PCT 3,119 14,808 1Alcohol-related admissions Harrogate and district LA 754 3,245 The number of alcohol-related admissions is based on the methodology developed Notes: by the North West Public Health Observatory (NWPHO), which uses 48 1. Alcohol-related admissions: The number of alcohol-related admissions is indicators for alcohol-related illnesses, determining the proportion of a wide based on the methodology developed by the North West Public Health Observatory range of diseases and injuries that can be partly attributed to alcohol as well as (NWPHO), which uses 48 indicators for alcohol-related illnesses, determining those that are, by definition, wholly attributable to alcohol. Further information the proportion of a wide range of diseases and injuries that can be partly on these proportions can be found at: attributed to alcohol as well as those that are, by definition, wholly attributable http://www.nwph.net/nwpho/publications/AlcoholAttributableFractions.pdf to alcohol. Further information on these proportions can be found at: The application of the NWPHO methodology has recently been updated and is www.nwph.net/nwpho/publications/AlcoholAttributableFractions.pdf now available directly from Hospital Episodes Statistics (HES). Information The application of the NWPHO methodology has recently been updated and is about episodes estimated to be alcohol related may be slightly different from now available directly from HES. As such, information about episodes estimated previously published data. to be alcohol related may be slightly different from previously published data. 2 PCT/SHA data quality These data should not be described as a count of people as the same person may In July 2006, the NHS reorganised SHAs and PCTs in England from 28 SHAs have been admitted on more than one occasion. into 10, and from 303 PCTs into 152. As a result data from 2006-07 onwards are 2. SHA/PCT/LA of residence: The SHA or LA of residence is that containing not directly comparable with previous years. Data have been presented for those the patient’s normal home address. This does not necessarily reflect where SHA/PCTs which have valid data for the breakdown presented here. As a result patients were treated as they may have travelled to another area for treatment. some SHA/PCTs may be missing from the list provided. The number of admission episodes provided for the Yorkshire and the Humber 3 SHA/PCT/local authority of residence SHA has been obtained by summing the admission episodes for all PCTs within The SHA, PCT or local authority (UK) containing the patient’s normal home Yorkshire and the Humber SHA. These are: Barnsley PCT; Bradford and address. This does not necessarily reflect where the patient was treated as they Airedale Teaching PCT; Calderdale PCT; Doncaster PCT; East Riding of may have travelled to another area for treatment. Yorkshire PCT; Hull Teaching PCT; Kirklees PCT; Leeds PCT; North East 4 Assessing growth through time Lincolnshire Care Trust Plus; North Lincolnshire PCT; North Yorkshire and HES figures are available from 1989-90 onwards. Changes to the figures over York PCT; Rotherham PCT; Sheffield PCT; Wakefield District PCT. time need to be interpreted in the context of improvements in data quality and 3. Number of episodes in which the patient had an alcohol-related primary or coverage (particularly in earlier years), improvements in coverage of independent secondary diagnosis: These figures represent the number of episodes where an sector activity (particularly from 2006-07) and changes in NHS practice. For alcohol-related diagnosis was recorded in any of the 20 (14 from 2002-03 to example, apparent reductions in activity may be due to a number of procedures 2006-07 and seven prior to 2002-03) primary and secondary diagnosis fields in a which may now be undertaken in outpatient settings and so no longer include in HES record. Each episode is only counted once in each count, even if an admitted patient HES data. alcohol-related diagnosis is recorded in more than one diagnosis field of the Note: record. Data quality: HESs are compiled from data sent by more than 300 NHS trusts 4. Data quality: HES are compiled from data sent by more than 300 NHS trusts and PCTs in England and from some independent sector organisations for and PCTs in England and from some independent sector organisations for activity commissioned by the English NHS. The NHS Information Centre for activity commissioned by the English NHS. The NHS Information Centre for health and social care liaises closely with these organisations to encourage health and social care liaises closely with these organisations to encourage submission of complete and valid data and seeks to minimise inaccuracies. submission of complete and valid data and seeks to minimise inaccuracies. While this brings about improvement over time, some shortcomings remain. While this brings about improvement over time, some shortcomings remain. Source: Source: Hospital Episode Statistics (HES), The NHS Information Centre for health and Hospital Episode Statistics (HES), The NHS Information Centre for health and social care social care 561W Written Answers6 SEPTEMBER 2011 Written Answers 562W

Ambulance Services Cancer: Drugs

Karen Lumley: To ask the Secretary of State for Mr Baron: To ask the Secretary of State for Health Health what plans his Department has for the future of which body will manage the operation of the Cancer local ambulance stations. [69373] Drugs Fund when strategic health authorities are abolished; and if he will make a statement. [68628] Mr Simon Burns: The Department does not have any plans to change the future of local ambulance stations. Paul Burstow: Arrangements from 1 April 2012 and The Department expects each ambulance service to beyond will be the subject of discussions between the determine locally how best to manage its stations, which Department and the shadow National Health Service take into account the local geographic area, mix and Commissioning Board. size of fleet and information on demand management. Mr Baron: To ask the Secretary of State for Health Autism: Health Services what plans he has for funds allocated to strategic health authorities through the Cancer Drugs Fund which are not spent at the end of each year that the fund Graeme Morrice: To ask the Secretary of State for operates. [68648] Health what progress has been made in developing a quality standard in respect of autism in children. Mr Simon Burns: The Government are committed to [69717] making £200 million available to the national health service for each of the three years of the Cancer Drugs Paul Burstow: The National Quality Board launched, Fund’s operation. These funds are available now to on 15 August, an engagement exercise on the library of enable patients to access the additional cancer drugs NICE Quality Standard NHS health care topics. As their doctors recommend and we are not planning on part of this exercise a proposed library of topics has any other uses for these funds. been published and comments are invited, including comments on the omission or inclusion of certain topics. The Department expects strategic health authorities Within this proposed library of topics for Quality Standards to put plans in place to fund cancer drugs using their “Autism (adults)” and “Autism (children and young appropriate weighted capitation share of the £200 million people)”are included. The closing date for this consultation fund to ensure patients get access to the drugs they is 14 October 2011. Full details of the consultation and need. This is set out in “Guidance to support operation how to submit comments can be found at: of the Cancer Drugs Fund in 2011-12”. http://www.nice.org.uk/getinvolved/currentniceconsultations/ A copy of the guidance has already been placed in NQBEngagement.jsp the Library.

Autism: Training Care Homes: Prescription Drugs

Graeme Morrice: To ask the Secretary of State for Simon Kirby: To ask the Secretary of State for Health Health what steps he is taking as part of his if he will take steps to encourage pharmacists to visit Department’s proposed health and development review care homes for older people for the purposes of improving to ensure that health visitors have received training on knowledge and understanding of medication management. autism to enable them to identify early signs of the [68808] condition. [69572] Mr Simon Burns: The Department is committed to Anne Milton: The content and standard of health the continuous improvement of the quality of services, visitor training is the responsibility of the Nursing and including through greater involvement of independent Midwifery Council (NMC). and voluntary providers. While some community pharmacists already provide advisory services to care As the independent regulatory body, responsible for homes, the Department has commissioned a piece of quality standards in education and practice, the NMC work between the care home sector, Royal Colleges, the is committed to ensuring high quality patient care is Royal Pharmaceutical Society and other key organisations delivered by high quality health professionals. to look at finding solutions to improve the quality of In order to achieve the best possible outcomes for use of medicines in care homes. We look forward to training in the identification of autism, for both staff seeing the output to this important collaborative work, and patients alike the NMC works closely with the which is due to conclude by the end of the year. higher education sector, service providers and healthcare professionals to ensure their educational programmes Carers: Young People produce professionals that have the skills and behaviours required to diagnose the early signs of autism. Daniel Kawczynski: To ask the Secretary of State for To understand child development and recognise when Health what proportion of hospitals have made development is outside of the normal range, health provision to (a) identify and (b) support young carers visitors are trained to use tools and checklists to recognise in their admission and discharge procedures. [69016] variations that may indicate autism. The Health Visitor Implementation Plan 2011-15, “A Paul Burstow: This information is not held centrally. Call to Action”: sets out the Departments vision to However, a whole-family approach in planning services improve the quality of health visiting services for children is particularly relevant where young carers are involved. and families. Service users and carers of all ages can benefit from an 563W Written Answers6 SEPTEMBER 2011 Written Answers 564W integrated and holistic approach to providing personalised if he will make a statement on the criteria for eligibility care and support. Such an approach helps to ensure for dental implants. [68906] that admission and discharge plans identify and assess the needs of patients who are parents so they do not Mr Simon Burns: Information is not available in the have to rely on their children to provide care. format requested. “Carers and Personalisation—improving outcomes” The “Adult Dental Health Survey” (ADHS) 2009— which the Department of Health published in November Summary report and thematic series’ contains limited 2010, includes good practice guidance on whole family information on dental implants. approaches. A copy has already been placed in the Table 4.4.5 of theme 4 of the thematic series includes Library and is available at: the percentage of adults with at least one dental implant. www.dh.gov.uk/en/Publicationsandstatistics/Publications/ Information is available by strategic health authority PublicationsPolicyAndGuidance/DH_122076 but, due to the limitations of the sample size, is not The Department also supported the development of available at a lower level. The information does not “Carers as partners in hospital discharge”, published by differentiate between national health service and private the Association of Directors of Adult Social Services in work. A copy has been placed in the Library. February 2010, which brought together key policy and good practice materials to inform hospital discharge The report and thematic series are also available on processes. The guidance recognises the importance of the NHS Information Centre website at: the impact of hospital discharge on carers including www.ic.nhs.uk/pubs/dentalsurveyfullreport09 young carers. The 2009 ADHS is the fifth in a series of national The Department for Education is also supporting the dental surveys that have been carried out every decade Children’s Society and The Princess Royal Trust for since 1968. Information is, therefore, not available for Carers to encourage ’whole family’ approaches in consecutive years. supporting young carers. Criteria for eligibility for NHS dental implants are determined by the NHS locally. Dementia Departmental Correspondence Karen Lumley: To ask the Secretary of State for Health what arrangements his Department plans to put in place to assist people in (a) diagnosing dementia Austin Mitchell: To ask the Secretary of State for and (b) obtaining information and advice about the Health how many letters his Department received from condition. [69372] hon. Members in June 2011. [68756]

Paul Burstow: Achieving good-quality early diagnosis Mr Simon Burns: Departmental records show that we and intervention for all is one of the Government’s four received 2,122 items of correspondence from hon. Members priorities in implementing the National Dementia Strategy. in June 2011. This figure includes both written and The Department undertook a public awareness campaign electronic correspondence. This figure represents in the North West and Yorkshire and Humber national correspondence received by the Department’s central health service regions in March 2011, encouraging people correspondence team only. to seek a diagnosis for dementia where they have concerns. The campaign included leaflets available to the general Departmental Disclosure of Information public on the early signs and symptoms of dementia. Consideration is currently being given to rolling out the awareness campaign on a national basis. Angie Bray: To ask the Secretary of State for Health what his Department’s (a) policy is and (b) procedures Dental Services are in relation to whistleblowers. [68871]

Mr Wallace: To ask the Secretary of State for Health Mr Simon Burns: The Department is committed to what progress he has made on his proposed reforms of achieving the highest possible standards of service and NHS dentistry; and if he will make a statement. ethical standards in public life. [69194] The Department’s whistleblowing policy was revised in May 2009 and sets out the process for handling Mr Simon Burns: The Government said in the coalition whistleblowing within the Department, and also for the agreement they would replace the existing dental contract handling of similar types of concerns, raised with the with one based on registration, capitation and quality, Department, about external organisations or individuals. designed to increase access and promote oral health. The Government made a commitment to establishing A copy of the policy has been placed in the Library. pilots to support the development of the new national contract. Pilots are starting over this summer. Departmental Information Officers Dental Services: North West Rushanara Ali: To ask the Secretary of State for Mr Woodward: To ask the Secretary of State for Health how many press officers his Department employed Health how many dental implants were preformed in on (a) 1 February and (b) 1 April 2011. [69145] the NHS North West heath authority area by (a) the NHS and (b) the private sector in each of the last three Mr Simon Burns: The information is not available in years; how many such patients were aged under 18; and the format requested. 565W Written Answers6 SEPTEMBER 2011 Written Answers 566W

However, as at the end of March 2011, the Department’s helpline operated by his Department in 2011-12; and media centre employed 33 full-time press officers and what the purpose is of each such helpline. [68549] one part-time press officer, equating to 33.73 full-time equivalent press officers. Departmental Telephone Services Mr Simon Burns: The Departments Communication Directorate either runs or promotes the call centres Nia Griffith: To ask the Secretary of State for Health contained in the following table. how much funding he has allocated to each telephone

Call Centre Purpose of line Budget (£)1

Carers Direct Advice and support line for carers £1,660,000 Change4Life Offers publications, advice and registration to the Change4Life programme £220,000 DH Order Line Publication order line £120,0002 Drink, Drugs and Sexual Health Advice line for adults on drink, drugs and sexual health £1,000,000 European Health Insurance Card (EHIC) Offers an ordering and replacement service as well as advice on the EHIC £1,600,0002 Healthy Start Supports the provision of milk and fruit and vegetable vouchers £1,150,0002 National Breastfeeding Helpline Offers advice and support on breast feeding £300,000 NHS Careers Offers advice and publications for potential recruits, returners and existing £890,000 NHS staff Tobacco Offers advice and support on smoking cessation £1,380,000 Worth talking about Sexual health advice for teenagers £800,000 1 All figures are rounded to the nearest £10,000 2 Estimated budget (the budget for the call centre is part of a wider contract) Notes: 1. As it not always possible to anticipate the demand for the services provided by the above call centres, final spend is often lower than the budget allowed. 2. The budget allowed may include some non-phone line costs such as staff training, data management and fulfilment. 3. The budget allowed will also include some non-voice help offered by the call centre such as text phone use, web chat and e-mail handling. 4. The chart is based on call centres rather than individual phone lines. Most call centres run multiple phone numbers to allow for campaign measurement

The Department does not collect information on the work experience, (b) unpaid interns and (c) other telephone numbers used by national health service persons in unpaid positions were working in his Department organisations. Information about telephone services for as of 1 July 2011. [69508] these bodies is not held centrally and cannot be provided except at disproportionate cost. Mr Simon Burns: The Department actively encourages teams and directorates to offer work experience The Department also supports a range of voluntary, opportunities and is committed to contributing to the charitable and other organisations to provide services development of students by providing work experience relating to health and healthy living. Some of these placements. A copy of the Department’s work experience organisations may include telephone help lines as part policy has been placed in the Library. of their services. It is not possible, without incurring disproportionate cost, to identify individual projects In the main, arrangements for unpaid work experience, with telephone services and their budgets. interns and others are made by local business units within the Department. Information on all such placements Departmental Visits Abroad is not held centrally and it would incur disproportionate costs to collect all the information requested. Gavin Williamson: To ask the Secretary of State for In line with our corporate social responsibility agenda, Health how many overseas visits were made by (a) the Department has developed the Building Bridges Ministers, (b) staff and (c) special advisers in his Programme. The programme provides young people Department between (i) May 2006 and June 2007 and from our local areas with opportunities to experience (ii) June 2009 and May 2010; and what the cost to the life in the civil service. This is in order to support and public purse was of each such visit. [68361] educate the next generation of active citizens and to increase their awareness of government policy-making Mr Simon Burns: The information requested could be processes through job shadowing and mentoring. As at provided only at disproportionate cost. Details of all 1 July 2011, there were three students placed within the ministerial overseas travel is published quarterly in arrears Department by the Building Bridges initiative, a total of on the Department’s website. The latest data up to the eight individuals having been placed in the past two end of March 2011 can be found at: years to date. www.dh.gov.uk/en/Aboutus/ Dermatology: General Practitioners MinistersandDepartmentLeaders/Departmentdirectors/ DH_110759 Rosie Cooper: To ask the Secretary of State for Health what training general practitioners are required Departmental Work Experience to have on dermatology at the point of qualification; and whether he plans to request training deaneries to Bridget Phillipson: To ask the Secretary of State for review this requirement with a view to increasing it. Health how many (a) persons undertaking unpaid [69032] 567W Written Answers6 SEPTEMBER 2011 Written Answers 568W

Anne Milton: The content and standard of medical Local authorities may have their own arrangements training is the responsibility of the General Medical to simplify access to short breaks, including through Council (GMC) which is the competent authority for internet booking systems and ’local offers’ where parents postgraduate medical training in the United Kingdom. can access certain services without assessment. The GMC is committed to ensuring that healthcare professionals are equipped with the knowledge, skills Doctors and behaviours required to deal with the problems and conditions they will encounter in practice. Valerie Vaz: To ask the Secretary of State for Health The content of the general practitioner (GP) training what plans his Department has to support junior curriculum is developed by the Royal College of General doctors starting work in hospitals in August 2011. Practitioners for approval by the GMC. The GP curriculum [68450] includes a section on skin problems. Doctors completing GP training are assessed against all elements in the GP Anne Milton: The Department recognises the importance curriculum and should be competent to deliver care of effective induction for junior doctors as they start against all the competencies described. work in hospitals. Responsibility for induction lies with local employers supported by the postgraduate deaneries. While it is not practicable or desirable for the Government NHS Employers also provides an annual publication to to prescribe the exact training that any individual doctor introduce all new medical graduates to the national will receive we are, of course, aware of the need to health service. ensure perceived areas of weakness in training curricula are addressed. For that reason, we are liaising with the Electromagnetic Fields: Health Hazards GMC and the Academy of Medical Royal Colleges about how best to ensure curricula do meet requirements. The Department has also provided a supporting role in Mr Knight: To ask the Secretary of State for Health the development of the standards contained in “Quality what steps he plans to take in response to the report of Standards for Dermatology—Providing the right care the Parliamentary Assembly of the Council of Europe for people with skin conditions” recently initiated by on the potential dangers of electromagnetic fields and the British Association of Dermatologists. their effect on the environment. [69808]

Rosie Cooper: To ask the Secretary of State for Anne Milton: United Kingdom policy is that mobile Health what estimate he has made of the proportion of telephones, Wi-Fi and base stations are expected to a GP’s workload that is dermatology-related; and if he comply with the 1998 International Commission on will make a statement. [69033] Non-Ionising Radiation Protection (ICNIRP) guidelines for public exposure to electromagnetic fields. Along Paul Burstow: The Department has not given formal with other member states, the UK supports European consideration to the proportion of a general practitioner’s Council Recommendation EC 519/1999 on limiting (GP’s) work load that is dermatology related. exposures to electromagnetic fields. This recommendation incorporates the 1998 ICNIRP guidelines. We understand from “Skin Conditions in the UK: a Health Care Needs Assessment”, published by the Centre Fats: Health Hazards of Evidence Based Dermatology, University of Nottingham (2009), that in 2006 around 24% of the population in England and Wales visited their GP with a skin problem, Ms Abbott: To ask the Secretary of State for Health and that skin conditions are the most frequent reason what steps he plans to take to reduce the level of for people to consult their GP with a new problem. transfats in food. [68773] Disability: Children Anne Milton: As part of the Public Health Responsibility Deal, the Department is working in partnership with David Morris: To ask the Secretary of State for United Kingdom food businesses to remove artificial Health what consideration he has given to simplifying trans fatty acids (TFA), from the few foods that still the way parents of disabled children arrange care. contain them. [67595] Businesses are pledging to remove artificial TFA from products by the end of 2011. They will achieve this Sarah Teather: I have been asked to reply. by removing partially hydrogenated vegetable oils (p-HVO) There are currently two broad routes for the arrangement and limiting the levels of artificial TFA in oils and fats of short breaks care for the parents and carers of used as ingredients or in preparing foods (e.g. frying disabled children. Firstly, the local authority arranges oils) to a maximum of 2%. short breaks care for a family based on their assessment This voluntary action will help to ensure that intakes of family need and the availability of resources. Secondly, of trans fats remain low, and give consumers confidence parents and carers can be provided with a direct payment, that artificial trans fats will not be added to foods in the a cash payment in lieu of short breaks services, which future. enables them to arrange their own care. This Government are committed to improving access General Practitioners to direct payments for short breaks services. We will test the best ways to support parents to access direct payments Catherine McKinnell: To ask the Secretary of State through our new Special Educational Needs and Disability for Health how many (a) female and (b) male GPs Green Paper pathfinders, which will start operating in have left the national health service in the last 12 September of this year. months. [68800] 569W Written Answers6 SEPTEMBER 2011 Written Answers 570W

Mr Simon Burns: The information requested will be (b) West Mercia and (c) Greater Manchester in each available following publication of the NHS Information of the last five years. [68801] Centre General Practice Staff Census in March 2012. Mr Simon Burns: Information on the number of Catherine McKinnell: To ask the Secretary of State general practitioners (GPs) per head of population in for Health how many GPs there were per head of the Wiltshire, West Mercia and Greater Manchester between population in each primary care trust in (a) Wiltshire, 2006 and 2010 is shown in the following tables.

2006 2007 2008 GPs2 headcount GPs2 headcount GPs2 headcount per 100,000 per 100,000 per 100,000 GPs2 headcount population GPs2 headcount population GPs2 headcount population

Wiltshire total 427 66.7 425 65.6 431 65.8 Swindon Primary Care Trust 123 63.3 124 62.8 125 62.1 PCT Wiltshire PCT 304 68.1 301 66.9 306 67.4

West Mercia total 828 70.3 834 70.6 824 69.4 Herefordshire PCT 137 77.2 137 76.9 138 77.1 Shropshire County PCT 205 71.4 203 70.3 206 70.9 Telford And Wrekin PCT 97 60.1 96 59.5 94 58.1 Worcestershire PCT 389 70.6 398 71.9 386 69.5

Greater Manchester total3 1,616 62.5 1,646 63.3 1,681 64.3 Ashton, Leigh And Wigan 171 56.2 180 59.2 184 60.3 per Bolton PCT 168 63.9 174 66.2 186 70.5 Bury PCT 119 65.7 106 58.4 109 60.0 Heywood, Middleton and 127 62.2 123 60.3 125 61.2 Rochdale PCT Manchester PCT 306 67.2 315 67.7 322 68.0 Oldham PCT 125 57.4 129 59.2 138 63.3 Salford PCT 154 69.7 158 71.4 158 70.8 Stockport PCT 186 66.0 190 67.4 195 69.0 Tameside and Glossop PCT3 131 53.1 134 54.3 128 51.6 Trafford PCT 129 60.7 137 64.2 136 63.6

2009 20101 GPs2 headcount GPs2 headcount per 100,000 per 100,000 GPs2 headcount population GPs2 headcount population

Wiltshire total 445 67.4 459 69.5 Swindon Primary Care Trust PCT 137 67.2 145 71.1 Wiltshire PCT 308 67.5 314 68.8

West Mercia total 834 70.1 840 70.6 Herefordshire PCT 134 74.8 136 75.9 Shropshire County PCT 204 69.9 215 73.7. Telford And Wrekin PCT 101 62.2 98 60.4 Worcestershire PCT 395 71.0 391 70.3

Greater Manchester total3 1,768 67.1 1,791 68.0 Ashton, Leigh And Wigan per 182 59.4 190 62.0 Bolton PCT 199 75.1 210 79.2 Bury PCT 122 66.8 116 63.5 Heywood, Middleton and Rochdale PCT 130 63.5 141 68.9 Manchester PCT 334 69.0 353 73.0 Oldham PCT 145 66.3 143 65.4 Salford PCT 176 78.2 169 75.1 Stockport PCT 195 68.7 193 68.0 571W Written Answers6 SEPTEMBER 2011 Written Answers 572W

2009 20101 GPs2 headcount GPs2 headcount per 100,000 per 100,000 GPs2 headcount population GPs2 headcount population

Tameside and Glossop PCT3 145 58.2 147 59.0 Trafford PCT 140 65.0 141 65.5 1 The new headcount methodology for 2010 data is not fully comparable with previous years data due to improvements that make it a more stringent count of absolute staff numbers. Further information on the headcount methodology is available in the Census publication. Headcount totals are unlikely to equal the sum of components. 2 All GP figures are GPs (excluding retainers and registrars). 3 The PCTs displayed service the 10 districts that constitute Greater Manchester. It should be noted that Glossop is not in Greater Manchester but is part of Tameside and Glossop PCT and cannot be separated. Note: Data as at 30 September for each year. Source: The NHS Information Centre for health and social care General and Personal Medical Services Statistics Office for National Statistics (ONS), 2006-09 Final Mid-Year Population Estimates (2001 census based). Adjusted May 2010 to reflect revisions to migration methodology.

GP per head of population figures have been calculated and of 24 May 2011, Official Report, column 668W, on using ONS resident population estimates. health professions, regulation, for what reasons the The NHS Information Centre for health and social Government will not now be considering a cost-benefit care seeks to minimise inaccuracies and the effect of analysis of the statutory regulation of clinical missing and invalid data but responsibility for data physiologists; [69667] accuracy lies with the organisations providing the data. (2) what assessment his Department has made of the Methods are continually being updated to improve data (a) role of clinical physiologists and (b) risk of harm quality where changes impact on figures already published. to patients posed by procedures carried out by clinical This is assessed but unless it is significant at national physiologists. [69673] level figures are not changed. Impact at detailed or local level is footnoted in relevant analyses. Paul Burstow: The Command Paper, “Enabling Excellence”, makes clear that for those groups that have General Practitioners: Domestic Violence been recommended by the Health Professions Council for statutory regulation in the past, but which are not Catherine McKinnell: To ask the Secretary of State yet subject to statutory regulation, the assumption is for Health what assessment he has made of the potential that assured voluntary registration will be the preferred effect of the measures in the Health and Social Care Bill option. This includes clinical physiologists. on the contribution of GPs to the identification of The Council for Healthcare Regulatory Excellence victims of domestic violence. [68799] (CHRE) (subject to the passage of the Health and Social Care Bill) will be the national accrediting body Anne Milton: Measures in the Health and Social Care for assured voluntary registration. As part of their Bill are unlikely to have any direct effect on the role of accreditation process, CHRE, which will be renamed general practitioners (GPs) in identifying victims of the Professional Standards Authority for Health and domestic violence, which we expect GPs to continue to Social Care, will set standards against which the governance, undertake. procedures, registration criteria and performance of We will shortly publish a series of public health voluntary registers will be judged, to ensure they provide reform updates one of which will set out future assurance to the public and employers about the training, commissioning responsibilities under the new public skills and conduct of their registrants. health system. The extension of statutory regulation will be considered Health Professions: Greater London only where there is a robust body of evidence to demonstrate that there is a level of risk to the public which warrants the costs imposed on workers and taxpayers by statutory Rushanara Ali: To ask the Secretary of State for regulation, and which cannot be effectively addressed Health what estimate he has made of the number of through assured voluntary registration. health care professionals who will (a) retire, (b) take voluntary redundancy and (c) take involuntary redundancy in (i) London, (ii) the London borough of Tower Hamlets Health Services: Foreign Nationals and (iii) Bethnal Green and Bow constituency in the next 12 months. [69067] Andrew Jones: To ask the Secretary of State for Health what the monetary value of NHS care provided Mr Simon Burns: This information is not collected to overseas nationals was in the latest financial year for centrally. The hon. Member may wish to approach the which figures are available; and how much of the cost organisations concerned for the information requested. has been recouped. [69163]

Health Professions: Regulation Anne Milton: Entitlement to free national health service hospital treatment is based on residency in the Emily Thornberry: To ask the Secretary of State for United Kingdom. Some overseas visitors are also exempted Health (1) pursuant to the answers of 4 March 2011, from charges as set out in the NHS (Charges to Overseas Official Report, column 663W, on health professions Visitors) Regulations 2011 and will receive free treatment. 573W Written Answers6 SEPTEMBER 2011 Written Answers 574W

The Department does not hold data on the nationality Mr Simon Burns: Ensuring that people can access of those whose treatment is provided for by the NHS reliable information to help them take decisions about budget. their health and care is a vital component of shared Other overseas nationals, together with UK nationals decision-making and is a right for patients under the who are not ordinarily resident in the UK are charged NHS Constitution. The Department has supported the by hospitals for the costs of their treatment. Income establishment of The Information Standard scheme, a received by NHS trusts from chargeable NHS patients voluntary certification scheme for producers of health for 2009-10 was £17,036,000. The Department does not and social care information, which awards a quality collect information from NHS foundation trusts so the mark to organisations that can show they have robust total figure will be higher. processes for developing high quality information. There are now over 100 members in this scheme, many of which are from the voluntary and commercial sectors. Health Services: North Yorkshire Before awarding the quality mark, the scheme assesses how an information producer puts in place systems to Hugh Bayley: To ask the Secretary of State for Health ensure its information is reliable, in terms of being (1) what his policy is on the recommendations of Professor evidence based, accurate and up-to-date. It also looks Hugo Mascie-Taylor’s Independent Review of Health at, among other things, how an information producer Services in North Yorkshire and York; [69747] works to ensure the content, design and accessibility of (2) if he will visit York to meet NHS patients and their materials meet the needs of their information members of the public to discuss the recommendations users. of Professor Hugo Mascie-Taylor’s Independent There are also specific statutory and regulatory Review of Health Services in North Yorkshire and requirements for information to accompany licensed Yo rk . [69748] medicines and medical devices. To help those involved in the supply chain, the Department of Health and the Mr Simon Burns: NHS Yorkshire and the Humber Medicines and Healthcare products Regulatory Agency commissioned the independent review of health services has published guidance covering issues such as content, in North Yorkshire and York on behalf of the local style and formatting. health economy. As such, the recommendations of this review are a matter for the local NHS. The Secretary of State for Health has no plans to undertake a visit to Health: Yorkshire and the Humber York to discuss the review. The hon. Member may wish to approach the chief executive of NHS Yorkshire and the Humber for further information. Andrew Jones: To ask the Secretary of State for Health how many people aged under 18 were diagnosed Hugh Bayley: To ask the Secretary of State for Health with (a) autism, (b) diabetes and (c) asthma in (i) which public body will be responsible for co-ordinating Yorkshire and the Humber and (ii) the Harrogate and action to implement the findings of the Independent District area in each year since 2008. [69453] Review of Health Services in North Yorkshire and York, commissioned by the Strategic Health Authority Paul Burstow: Information is not available in the (SHA) for Yorkshire and the Humber, after the SHA is format requested. Information on how many people abolished. [69749] aged under 18 were diagnosed for any of the requested areas is not collected centrally. Autism information is Mr Simon Burns: An amalgam of public bodies, all not collected centrally. Harrogate and District area is with an active interest in the way local health services not a recognised health area. However, the Quality and are commissioned, will be responsible for co-ordinating Outcomes Framework (QOF) holds patient register action to implement the findings of this review. information for diabetes (aged 17 and over) and asthma In future clinical commissioning groups will be (all ages). Information has therefore been provided for responsible for commissioning the majority of health North Yorkshire and York Primary Care Trust (PCT), services. They will work in partnership with the local which includes the Harrogate and District area, and community and other organisations such as local authorities, Yorkshire and the Humber Strategic Health Authority which include health and well-being boards, in deciding (SHA), in the following table. The 2010-11 QOF data the most appropriate health provision in their area. are due to be published in October 2011. QOF patient register information for diabetes (aged 17 and over) and asthma (all ages) Health: Information QOF patient register 2008-09 2009-10

Mrs Hodgson: To ask the Secretary of State for Diabetes Health (1) what steps he is taking to ensure the accuracy of healthcare information on websites that Yorkshire and the 225,280 236,711 Humber SHA are independent of the NHS; [69317] North-Yorkshire 28,913 30,350 (2) what guidelines his Department has issued on the and York PCT distribution of information for patients; [69325] (3) what guidelines his Department has issued on the Asthma (a) content, (b) style and (c) formatting of patient Yorkshire and the 330,096 336,446 information leaflets. [69326] Humber SHA 575W Written Answers6 SEPTEMBER 2011 Written Answers 576W

QOF patient register information for diabetes (aged 17 and over) and Anne Milton: Primary care trusts (PCTs) are aware of asthma (all ages) their statutory commissioning responsibilities and the QOF patient register need to base commissioning decisions on clinical evidence 2008-09 2009-10 and discussions with local general practitioner North Yorkshire 48,250 48,799 commissioners, secondary care clinicians and providers. and York PCT The national health service deputy chief executive, David Notes: Flory, wrote to PCT commissioners on 11 January 2011 1. QOF is the national Quality and Outcomes Framework, to highlight to those involved in commissioning fertility introduced as part of the new General Medical Services (GMS) services the importance of having regard to the National contract on 1 April 2004. Participation by practices in the QOF is Institute for Health and Clinical Excellence fertility voluntary, though participation rates are very high, with most guidelines, including the recommendation that up to Personal Medical Services (PMS) practices also taking part. 2. The published QOF information was derived from the Quality three cycles of IVF are offered to eligible couples where Management Analysis System (QMAS), a national system the woman is aged between 23 and 39. developed by NHS Connecting for Health. QMAS uses data from Additionally, we support Infertility Network UK—a general practices to calculate individual practices’ QOF achievement. QMAS is a national IT system developed by NHS leading patient support organisation—to develop and Connecting for Health to support the QOF. promote standardised access criteria and to work in 3. QMAS captures the number of patients on the various disease partnership with commissioners to encourage good practice registers for each practice. The number of patients on the clinical in the provision of fertility services. registers can be used to calculate measures of disease prevalence, expressing the number of patients on each register as a percentage of the number of patients on practices’ lists. Learning Disability: Medical Equipment 4. Coverage of QOF: Patients will only contribute to the figures in QOF if they are registered with a general practice participating in Graeme Morrice: To ask the Secretary of State for QOF. Not all practices participate in QOF and some participate in only some parts (especially PMS practices who are paid under Health (1) what agencies of his Department are responsible different arrangements for providing services which are part of QOF for the provision and repair of communication aids and for GMS practices). Most indicators in QOF have rules that allow assistive technology for people with profound and multiple for patients to be excluded (e.g. patient refuses treatment) and so the learning disabilities; and if he will make a statement; denominator for a given indicator may be less than the number of [69397] patients on the register for that disease. Note also that some indicators have age limits and so exclude some patients on the (2) what discussions he has had with the Secretary of register. State for Communities and Local Government about Source: the funding of communication aids and assistive QOF, The NHS Information Centre for health and social care technology specifically for people with profound and multiple learning disabilities; and if he will make a HIV Infection: Tower Hamlets statement; [69399] (3) what representations he has received regarding the provision and repair of communication aids and Rushanara Ali: To ask the Secretary of State for assistive technology for people with profound and Health (1) what assessment he has made of the need for multiple learning disabilities; and if he will make a services providing specialised care to people with HIV statement; [69400] suffering from HIV-related neurocognitive impairment; and if he will make a statement on the potential closure (4) what steps he is taking to monitor and assess the of Mildmay Hospital in Bethnal Green and Bow provision and repair of communication aids and constituency; [69065] assistive technology by (a) local authorities and (b) the NHS for people with profound and multiple (2) if he will take steps to protect services for people learning disabilities; and if he will make a statement; with HIV and AIDS in Bethnal Green and Bow [69401] constituency. [69066] (5) whether he has any plans to provide information regarding communication aids and assistive technology Anne Milton: Effective treatment has transformed the for people with profound and multiple learning outlook for people diagnosed with HIV. However, HIV disabilities; and if he will make a statement; [69402] is a complex illness and there will be a small minority of (6) whether he has any plans to commission research people who require more specialised or hospital in-patient into the practice and use of communication aids and treatment. It is for primary care trusts to decide how assistive technology for people with profound and they meet these needs either by referral to specialist multiple learning disabilities; and if he will make a national health service providers or voluntary sector statement; [69403] providers such as Mildmay Hospital in the hon. Member’s constituency. (7) what assessment he has made of the implications of the Whole System Demonstrator programme for Discussions between the local NHS and commissioners people with profound and multiple learning disabilities; are taking place with respect to Mildmay Hospital. and if he will make a statement. [69533]

Paul Burstow: It is the responsibility of local social IVF: Finance care services to determine and make arrangements for the provision and repair of communication aids and Vernon Coaker: To ask the Secretary of State for assistive technology. Health if he will review the funding of IVF by primary The “Vision on Adult Social Care, Capable Communities care trusts for the purposes of ensuring equitable and Active Citizens” is clear that councils should treatment across the country. [69422] commission a full range of appropriate preventative 577W Written Answers6 SEPTEMBER 2011 Written Answers 578W and early intervention services such as re-ablement and monitoring are that it can lead to more independence, telecare, working in partnership with the national health people having fewer admissions to home and support service, housing authorities and others. clinical monitoring of larger populations. Generally, councils may supply equipment costing up to £1,000 free of charge but in some circumstances may Leukaemia: Drugs make direct payments to purchase equipment or adaptations themselves. Valerie Vaz: To ask the Secretary of State for Health No discussions have taken place between the Secretary what his policy is on the availability of drugs for the of State for Health, the right hon. Member for South treatment of leukaemia. [68795] Cambridgeshire (Mr Lansley), and the Secretary of State for Communities and Local Government, the Mr Simon Burns: There are a number of treatments right hon. Member for Brentwood and Ongar (Mr available on the national health service for the treatment Pickles), about the funding of communication aids and of leukaemia. assistive technology for people with profound and multiple Our priority is to give NHS patients better access to learning disabilities. Local authorities are responsible effective and innovative medicines by reforming the way for assessing the adult social care needs of local people companies are paid for NHS medicines, moving to a and making arrangements to ensure that eligible needs value-based pricing system when the current Pharmaceutical are met. They are also responsible for determining Price Regulation Scheme expires at the end of 2013. spending on adult social care to meet local needs and In the meantime, we have made £50 million additional priorities. funding available for cancer drugs in 2010-11 which has Professor Mansell’s report “Raising Our Sights”included helped over 2,400 patients. Since April 2011, the Cancer views from the Profound and Multiple Learning Disabilities Drugs Fund is helping thousands more patients access Network, Mencap, families, care staff, service managers the drugs their clinicians believe will help them. and other respondents. The report recommended that the Government consider whether funding the provision Mass Media and repair of communication aids for adults with profound intellectual and multiple disabilities should be the Dr Poulter: To ask the Secretary of State for Health if responsibility of the NHS or of local authority social he will place in the Library copies of his Department’s care services. national media coverage evaluations in each month for The question of monitoring and assessment are for which one was produced since May 1997. [68212] local determination. The White Paper “Equity and Excellence: Liberating the NHS” proposes closer worker Mr Simon Burns: Reports of routine monthly media relationship between the NHS and local authorities. coverage evaluations, from December 2004 to November NHS and local authority partners should work closely 2006, can be found on the Department’s website at: together to improve integration. www.dh.gov.uk/en/FreedomOfInformation/ There are no plans at present to provide information Freedomofinformationpublicationschemefeedback/ Classesofinformation/Communicationsresearch/DH_4130120 about communication aids and assistive technology. Since November 2006, the Department no longer The National Institute for Health Research (NIHR) carries out routine monthly national media coverage welcomes funding applications for research into any evaluations. aspect of human health. These applications are subject to peer review and are judged in open competition, with The Department does not hold central records of any awards being made based on the scientific quality of the national media coverage evaluations compiled between proposals made. In all disease areas, the amount of May 1997 and November 2004, and to locate the NIHR funding depends on the volume and quality of information would incur disproportionate costs. scientific activity. The Health Technology Assessment Programme is ″needs led″ and so suggestions for research Medical Treatments can be submitted to the programme through a number of routes including an electronic web form at: Andrew Rosindell: To ask the Secretary of State for http://www.hta.ac.uk/webforms/webforms/hta/0.asp Health what guidance his Department has issued to enable the National Institute for Health and Clinical The Health Technology Assessment (HTA) programme Excellence to be flexible in its approach to appraisals of has held several teleconferences with a range of experts treatment where the treatment presents unusual in the area of learning disabilities to focus on and challenges to standard methodological process. [68817] identify research priorities including those in the areas of communication aids and assistive technology. Any Mr Simon Burns: We have not given guidance to the priorities identified will be fed in to the appropriate National Institute for Health and Clinical Excellence NIHR work streams. (NICE) on this matter and have no plans to do so. The HTA programme has advertised for research, in NICE is an independent body and is responsible for ″ to supported self-management of diabetes in people developing its own appraisal processes and methods, in ″ with learning disabilities . A full proposal will be considered consultation with stakeholders. in September 2011. The Whole System Demonstrator Programme was Andrew Rosindell: To ask the Secretary of State for established to determine the cost and clinical effectiveness Health what guidance the National Institute for Health of telehealth and telecare. The findings are currently and Clinical Excellence issues on weighting of votes of being evaluated and will be independently peer reviewed representative members of its appraisal committees. before publication later this year. The benefits of remote [68818] 579W Written Answers6 SEPTEMBER 2011 Written Answers 580W

Mr Simon Burns: This is a matter for the National (3) when he plans to begin preparation for the Institute for Health and Clinical Excellence (NICE) as introduction of a meningococcal B vaccine into the an independent body. I have asked the chief executive of childhood immunisation schedule. [69577] NICE to write to the hon. Member with this information. A copy of the letter will be placed in the Library. Anne Milton: The Joint Committee on Vaccination and Immunisation (JCVI), the independent expert Andrew Rosindell: To ask the Secretary of State for Committee that provides advice to the Department of Health for what reasons the National Institute for Health on the use of vaccines in the national immunisation Health and Clinical Excellence may not announce a programme has started to consider the evidence on the decision on a treatment recommended for use by an use of meningococcal B vaccines. appraisal committee. [68819] Following a call for evidence, ending in December 2010, the JCVI considered the submissions and a range Mr Simon Burns: This is a matter for the National of other evidence on meningococcal B vaccines. At its Institute for Health and Clinical Excellence (NICE) as first meeting in February 2011, the meningococcal sub- an independent body. NICE’S ‘Guide to the single committee of JCVI discussed the available evidence, technology appraisal process’ describes the arrangements provided initial advice and asked for further evidence for publication of draft or final guidance following an and research before final advice can be formed. The Appraisal Committee meeting and is available at: JCVI considered the sub-committee’s views in June 2011. The minutes of these meetings have been published www.nice.org.uk/media/42D/B3/STAGuideLrFinal.pdf as follows: Tessa Munt: To ask the Secretary of State for Health Minute of JCVI meningococcal sub-committee 18 February what the name is of each technology to be evaluated by 2011 the National Institute for Health and Clinical Excellence’s www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/ Medical Technologies Advisory Committee during 2011-12. @dh/@ab/documents/digitalasset/dh_128724.pdf [69135] Draft minute of JCVI 8 June 2011 www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/ Mr Simon Burns: Information on medical technologies @dh/@ab/documents/digitalasset/dh_128453.pdf for which guidance is currently being developed by the A copy of the minutes from these meetings has also National Institute for Health and Clinical Excellence been placed in the Library. (NICE) Medical Technologies Advisory Committee is The Department will consider JCVI’s recommendation available at: on meningococcal B vaccination when it is received. http://guidance.nice.org.uk/Type/MT/InDevelopment Meningitis: Vaccination

Mrs Hodgson: To ask the Secretary of State for Tony Cunningham: To ask the Secretary of State for Health what steps he is taking to promote public Health what his Department’s policy is on the provision understanding of patient rights in respect of access to of efficient and up-to-date disease surveillance and treatments on the NHS that have been approved by the microbiology in the monitoring of existing and new National Institute for Health and Clinical Excellence. vaccines for (a) meningococcal and (b) pneumococcal [69318] disease; and how such services will be incorporated into Public Health England. [69578] Mr Simon Burns: The right to drugs and treatments recommended by the National Institute for Health and Anne Milton: Surveillance of meningococcal infection Clinical Excellence is set out in the National Health is a core responsibility of the Health Protection Agency Service Constitution. (HPA). Currently, registered medical practitioners are All NHS bodies and providers are already required required to immediately report cases of meningococcal by law to have regard to the NHS constitution and the meningitis or septicaemia to the HPA. Enhanced Government are taking further steps through the current surveillance of meningococcal disease is undertaken in Health and Social Care Bill; Subject to parliamentary the HPA and involves following up all cases of vaccine approval, the Bill creates an explicit duty for the new preventable infections to ascertain vaccination status NHS Commissioning Board and local clinical and additional clinical details. These data are used, in commissioning groups to promote the NHS Constitution, conjunction with information on coverage of vaccination, including by promoting awareness of the constitution to establish the effectiveness of the current routine among patients, staff and members of the public. vaccination programme. The HPA also carries out pneumococcal disease surveillance. National pneumococcal surveillance is used Meningitis: Vaccination to monitor the impact and effectiveness of pneumococcal conjugate vaccines currently given in the childhood Tony Cunningham: To ask the Secretary of State for immunisation schedule. Health (1) whether he expects to introduce a “Healthy Lives, Healthy People: update and way meningococcal B vaccine as soon as one is licensed; forward” indicated that the Department will publish the [69575] operating model for Public Health England in autumn (2) if he will provide an update on the work of the 2011. The operating model will set out Public Health meningococcal subgroup of the Joint Committee on England’s functions and organisational design, including Vaccination and Immunisation following the call for in disease surveillance. Engagement is proceeding over evidence on vaccines against meningococcal group B the summer months to involve stakeholders in helping disease; [69576] to shape the operating model. 581W Written Answers6 SEPTEMBER 2011 Written Answers 582W

Mental Health Services Medicine: A Team Approach”, in 2005. The Department expects all hospitals to ensure they have in place a Rushanara Ali: To ask the Secretary of State for robust policy, signed off by the Trust Board, for the safe Health what steps he is taking to ensure equality across and secure handling of medicines, and that managers the regions in the provision of mental health services. and all staff who prescribe, dispense or administer [69207] medicines are familiar with the policy. NHS: Reorganisation Paul Burstow: The Mental Health strategy ‘No health without mental health’ recognises that better mental health, mental well-being and mental health services Valerie Vaz: To ask the Secretary of State for Health must be better for all—whatever people’s age, race, who will be responsible for commissioning services for religion or belief, sex, sexual orientation, disability, (a) acquired brain injury, (b) tuberous sclerosis, (c) marital or civil partnership, pregnancy or maternity, or trigeminal neuralgia, (d) transverse myelitis, (e) Tourette’s gender reassignment status. syndrome, (f) Guillain-Barre syndrome, (g) narcolepsy, (h) myasthenia gravis, (i) multiple system atrophy, (j) The public sector duty in the Equality Act 2010 spina bifida, (k) hydrocephalus, (l) dystonia, (m) myalgic means that public bodies, including Government encephalomyelitis, (n) Parkinson’s disease, (o) motor Departments, will need to be mindful of how the inclusion neurone disease, (p) epilepsy and (q) multiple sclerosis and equitable treatment of all protected groups is following his proposed NHS reorganisation. [68491] incorporated, as public agencies produce, monitor and report on how they have met their equality objectives. Paul Burstow: Although it is expected that Clinical The Ministerial Working Group on Equality in Mental Commissioning Groups will commission the majority Health has been established to support the Mental of services, the Health and Social Care Bill sets out the Health Equality work-stream of the Mental Health Government’s intentions that the NHS Commissioning Strategy programme. The group will report to the Mental Board will commission certain services directly. Services Health Strategy Ministerial Advisory Group. This will that will be commissioned by the NHS Commissioning help to ensure that equality issues directly inform strategy Board will be referred to as prescribed services and will implementation and enable the Government to fulfil be those that are included within specialised services their duties under the Equality Act 2010 and the Human that are currently commissioned both nationally and Rights Act. regionally. The National Health Service Equality Delivery System A Clinical Advisory Group has been established to will help NHS organisations to comply with the Equality develop a list of services that the NHS Commissioning Act and deliver fair and personalised services. Board will commission from 1 April 2013, subject to the passage of the Health and Social Care Bill and, as part NHS Foundation Trusts: Private Patients of this work, the Group has been considering the neurosciences. While the list will be based on the services Rushanara Ali: To ask the Secretary of State for set out in the third edition of the Specialised Services Health what estimate he has made of the number of National Definitions Set (SSDNS), the Group is also private patients who may be treated by foundation considering additional services that were excluded from trusts in the first year following the lifting of the the third edition of SSNDS, and which featured in private patients income cap. [69206] earlier editions of SSNDS. Mr Simon Burns: The effect of removing the private NHS: Theft patient income cap for national health service foundation trusts is considered in the Government’s Command Mark Pawsey: To ask the Secretary of State for Paper, ‘Liberating the NHS: Legislative framework and Health what the financial loss attributable to theft of next steps’, and the impact assessments so far published medical equipment and other supplies from each health for the Health and Social Care Bill 2011. authority was in the last five years for which figures are available. [69014] NHS: Drugs Mr Simon Burns: The information is not available Jonathan Reynolds: To ask the Secretary of State for and could be obtained only at disproportionate cost. Health by what means the dispensing of medication for in-patients in NHS hospitals is regulated. [69427] Obesity

Mr Simon Burns: In general, including in national Karen Lumley: To ask the Secretary of State for health service hospitals, the supply of medicines is Health what plans his Department has to reduce levels regulated through the Medicines Act 1968 and the of obesity; and what recent progress has been made. Misuse of Drugs Act 1971, as well as registration of [70225] health care providers with the Care Quality Commission and professional regulation. Anne Milton: Later this year we will be publishing a In July 2011, the Department issued a reminder notice document on obesity that will set out how obesity will to NHS chief executives and pharmaceutical officers, be tackled in the new public health and national health through its publication “The Week”, of the importance service systems, and the role of key partners. This will of adhering to existing guidance on medicines management, also set out what progress has already been made to published by the former Royal Pharmaceutical Society facilitate action to help people make healthier choices of Great Britain, “The Safe and Secure Handling of and improve their lifestyles. 583W Written Answers6 SEPTEMBER 2011 Written Answers 584W

We want people to know that they can change their start in looking at this complex and challenging issue. own and their families’ lifestyle and in doing so they can The review has come up with a range of significant make a difference to their health. What the Government proposals. We need now to consider these recommendations can do is give the public clear, consistent messages on in detail and expect to consult stakeholders on the way why they should change their lifestyle, how to do so, forward shortly before running pilots. and put in place ways to make this easier. However, we cannot tackle obesity alone it is an issue for society as a Patients: Nutrition whole. We all have a role to play. Obesity : North Yorkshire Frank Dobson: To ask the Secretary of State for Health who in the Care Quality Commission has Andrew Jones: To ask the Secretary of State for responsibility for (a) malnutrition and (b) improvement Health what the cost to the NHS in York and North of nutritional care across health and care settings. Yorkshire was of obesity-related illness in the latest [68769] period for which figures are available. [68979] Mr Simon Burns: Providers of regulated activities Anne Milton: Information on the actual cost to the have to comply with registration requirements including national health service of overweight and obesity is not one on meeting nutritional needs and are therefore collected by the Department. responsible for delivering nutritional care. Where a provider is not meeting this requirement the Care Quality The estimated cost of overweight and obesity to the Commission (CQC) can take action to bring about NHS nationally was set out in the Foresight report improvement needed to ensure compliance with legal “Tackling Obesities: Future Choices—Modelling Future requirements. Trends in Obesity and the Impact on Health” published in 2007. In 2010, the Department published “Supporting The Chief Executive of the CQC is Cynthia Bower. Commissioning of Adult Weight Management Services”. As such, she has overall responsibility for the CQCs This included an estimate of a total annual cost of £258 delivery of its functions. This includes ensuring that the million to the NHS in North Yorkshire and York for the CQC carries out its registration function, providing principal diseases, including type 2 diabetes, coronary assurance that the CQC takes appropriate action where heart disease, stroke, breast and colorectal cancer, where providers are not compliant, including where it is found elevated Body Mass Index is a risk factor. that providers are not meeting nutritional needs. As not every patient who has one of these diseases is obese or overweight, the modelling overestimates the Frank Dobson: To ask the Secretary of State for cost to the NHS in North Yorkshire and York directly Health what steps his Department is taking to provide attributable to overweight and obesity. nutritional screening for vulnerable patients on admission to hospital and in care settings. [68770] Obesity Management Association Paul Burstow: National health service organisations Conor Burns: To ask the Secretary of State for and local authorities are responsible for nutrition screening Health (1) what recent discussions he has had with the policies. There are a number of initiatives in place to Obesity Management Association; [69564] help organisations develop their policies. These include (2) whether he has had discussions with representatives the National Institute for Health and Clinical Excellence of the Obesity Management Association on conducting guidance on malnutrition which recommends that all a clinical trial of the methods advocated by the Association. hospital in-patients be weighed, measured and have [69565] their Body Mass Index calculated on admission to hospital. Additionally, the “Essence of Care”benchmarking Anne Milton: Ministers have not had any discussions system includes a benchmark on “food and drink” with the Obesity Management Association. which illustrates the good practice of screening and assessment of patients on initial contact with a health Palliative Care professional in health and social care settings. This is reinforced within the Council of Europe resolution on Annette Brooke: To ask the Secretary of State for food and nutritional care in hospital recommending the Health how many bed days of palliative care were screening of all patients on admission to hospital. provided by the NHS in the last period for which figures are available; and what the cost at national tariff Frank Dobson: To ask the Secretary of State for rates was for such care. [68543] Health how many commissioners have established Commissioning for Quality and Innovation schemes to Paul Burstow: Information about bed days used for tackle malnutrition in hospitals since May 2010. palliative care is not available centrally. [68771] There is currently no national tariff for palliative or end of life care. We made a commitment in the coalition Mr Simon Burns: The information is not held centrally. programme to review payment systems to support end Commissioners are encouraged to share their of life care, including exploring options for per-patient Commissioning for Quality and Innovation schemes at funding, and set up an independent Palliative Care the website of the NHS Institute for Innovation and Funding Review to take this work forward. Improvement: The review published its final report on 1 July 2011. www.institute.nhs.uk/world_class_commissioning/pct_portal/ We welcome the report, which has made an excellent cquin.html 585W Written Answers6 SEPTEMBER 2011 Written Answers 586W

Pressure Sores Paul Burstow: No discussions have taken place between the Secretary of State for Health, the right hon. Member Paul Maynard: To ask the Secretary of State for for South Cambridgeshire (Mr Lansley) and Ministers Health who will be responsible for commissioning in the Scottish Government on the performance of the community-based tissue viability services after the Improving Access to Psychological Therapies programme. abolition of primary care trusts. [68529] Mr Buckland: To ask the Secretary of State for Health Mr Simon Burns: Clinical commissioning groups will if he will take steps to ensure that the National Institute in future commission the majority of national health for Health and Clinical Excellence consults professional service services. This includes the commissioning of organisations in the field of psychotherapy on the adequacy community-based tissue viability services. The proposed of its guidelines on psychotherapy. [69752] NHS Commissioning Board would commission services Paul Burstow: We have no plans to do so. In developing it would not be appropriate for clinical commissioning its guidance to the national health service, the National groups to commission, such as primary care, and national Institute for Health and Clinical Excellence (NICE) and regional specialised services for patients with rare consults widely with relevant stakeholders, including conditions. professional organisations. NICE is an independent body and it would not be appropriate for Ministers to Primary Care Trusts: Finance intervene in the detail of its work.

Tessa Munt: To ask the Secretary of State for Health Radiotherapy if he will publish the financial settlement for each primary care trust for the duration of the comprehensive Tessa Munt: To ask the Secretary of State for Health spending review period. [69137] (1) what consideration the NHS has given to the 2007 recommendations of the National Radiotherapy Advisory Mr Simon Burns: The majority of primary care trust Group on maximum travel times for radiotherapy patients (PCT) revenue funding is allocated to PCTs via their in determining the provision of radiotherapy treatment revenue allocations. with CyberKnife for cancer patients resident in Wells Of over £102 billion in total revenue investment in constituency; [69132] the national health service announced for 2011-12, the (2) how much his Department plans to give to each majority of the PCT revenue budget, £89 billion, was primary care trust from the sum it has allocated in allocated to PCTs in December 2010. This funding additional funding for the improvement of radiotherapy included an increase of £1.9 billion in PCT recurrent treatment; [69133] allocations (including £150 million for re-ablement), (3) what his policy is on the commissioning £69 million in non-recurrent allocations for primary recommendations in respect of stereotactic body dental services, pharmaceutical services and general radiotherapy treatment made in the April 2011 report ophthalmic services, and £648 million to support joint of the National Radiotherapy Implementation Group. working between health and social care. [69134] Full details of the revenue allocations made to PCTs for 2011-12 can be found by visiting the NHS allocations Paul Burstow: The National Radiotherapy Advisory page of the Department’s website at: Group report ‘Radiotherapy: developing a world class service for England’, published in 2007, recommended www.dh.gov.uk/allocations that, where possible, patients should not travel more PCT recurrent revenue allocations for 2012-13 will be than 45 minutes for radiotherapy treatment. It was for announced as soon as is practical this year. local trusts to take account of this recommendation. Subject to the passage of the Health and Social Care The report made no specific recommendations regarding Bill, PCTs will be dissolved in April 2013. the provision of stereotactic body radiotherapy, which is the type of the radiotherapy that Cyberknife delivers. Psychiatry ‘Improving Outcomes: A Strategy for Cancer’ sets out our commitment to expand radiotherapy capacity Richard Fuller: To ask the Secretary of State for by investing over £150 million nationally in additional Health what recent assessment he has made of the funding over the next four years. This funding, as well effectiveness of the National Institute for Health and as existing funding for radiotherapy, is included in Clinical Excellence’s methodology for assessing overall primary care trust (PCT) baseline allocations different types of psychotherapy. [69331] which amount to around £85 billion nationally. These overall baseline allocations are currently set on Paul Burstow: We have made no such assessment. As the basis of a weighted capitation formula, used to an independent body, the National Institute for Health determine PCTs target shares of overall national health and Clinical Excellence is responsible for developing service resources to enable them to commission similar and reviewing its own processes and methods for the levels of health services for populations in similar need. development of guidance. However, the Secretary of State for Health does not mandate how much individual PCTs are to spend on Jo Swinson: To ask the Secretary of State for Health particular services within these overall allocations. PCTs what discussions he has had with Ministers in the have local discretion to decide how to use their overall Scottish Government on the performance of the Improving allocation to commission services, including radiotherapy Access to Psychological Therapies programme; and if services, to meet the health care needs of their local he will make a statement. [69638] populations, taking account of local and national priorities. 587W Written Answers6 SEPTEMBER 2011 Written Answers 588W

The National Radiotherapy Implementation Group (2) pursuant to the answer of 12 July 2011, Official report ‘Stereotactic Body Radiotherapy Guidelines for Report, columns 305-06W, on Specialised Services Commissioners, Providers and Clinicians in England Patient and Public Engagement Steering Group, for 2011’ has now been made available on the National what reasons the Specialised Healthcare Alliance was Cancer Action Team website at: chosen to represent patients. [69200] www.ncat.nhs.uk/our-work/ensuring-better-treatment/ radiotherapy Mr Simon Burns: A key aim of the Specialised Services It is for local commissioners to take account of this Patient and Public Engagement Steering Group is to guidance. ensure that there is stakeholder involvement in the co-design and co-production of the future model for Smoking engaging patients and the public in the commissioning of specialised services through the NHS Commissioning Board. Mr Knight: To ask the Secretary of State for Health whether he plans a national review of the smoking ban; The Director of the Specialised Healthcare Alliance and if he will make a statement. [68654] sits on the Specialised Services Patient and Public Engagement Steering Group. The Specialised Healthcare Anne Milton: In “Healthy Lives, Healthy People: A Alliance was selected as one of the two main umbrella Tobacco Control Plan for England” published in March organisations with an interest in specialised health care. 2011, the Government sets out their belief that the aims It represents a range of patient interest groups covering of smokefree legislation are continuing to be achieved most of the National Specialised Services Definition effectively. Alongside this plan, an independent academic Set. review of the evidence of the impact of smokefree Tessa Munt: To ask the Secretary of State for Health legislation was published, titled “The Impact of Smokefree pursuant to the answer of 12 July 2011, Official Report, legislation in England”, showing that the legislation has columns 305-06W, on Specialised Services Patient and had beneficial effects on health. Copies of both documents Public Engagement Steering Group, which groups his have already been placed in the Library. Department considered when selecting organisations to The Government also published their interim Post- represent patients on the group. [69199] Legislative Assessment of the Health Act 2006 on 12 July 2011, a copy of which is available in the Library. Mr Simon Burns: When establishing the Specialised The Government have no plans to review smokefree Services Patient and Public Engagement Steering Group, legislation further at this stage. the Department was mindful of the need to ensure broad representation from a range of different stakeholder Specialised Services Patient and Public Engagement interests without making the steering group so unwieldy Steering Group that it would have problems discharging its functions. As such, in consultation with Specialised Services Tessa Munt: To ask the Secretary of State for Health Commissioners, the Specialised Healthcare Alliance and pursuant to the answer of 6 July 2011, Official Report, the Department, a number of patient organisations columns 1277-8W, on the Specialised Services Patient were identified that would have different perspectives. and Public Engagement Steering Group, which patient The group has representatives from the two main umbrella representative organisations have been selected to sit on organisations with an interest in specialised health care, the Specialised Services Patient and Public Engagement the Specialised Healthcare Alliance and the Genetic Steering Group. [69113] Alliance UK. In consultation with the Specialised Healthcare Alliance, Mr Simon Burns: The Specialised Services Patient it was agreed that additional members would represent and Public Engagement Steering Group includes patient a patient’s organisation with a mental health focus; an interest group representation from: the Specialised organisation with a focus on children’s health; and Healthcare Alliance (representing a range of patient organisations with backgrounds in acute and chronic interest groups covering most of the National Specialised illnesses. It was also agreed to have a mix of small and Services Definition Set), the Genetic Alliance UK (a large organisations, to gain a broad perspective. In national charity of over 130 patient organisations addition, there is membership from a representative of supporting all those affected by genetic disorders), Rare the Richmond Group, representing 10 of the largest Disease UK, the Advisory Group for National Specialised patient/service users organisations in the United Kingdom. Services (AGNSS), Emergence, Bliss, Comprehensive By selecting these organisations, we aim to ensure Care for Sickle Cell Disease1, Sickle Cell Society1, that the future model is aware of the different ways in Progressive Supranuclear Palsy Association, the which engagement would need to function for different Haemophilia Society, the British Heart Foundation and types of health condition. The group is a “broad-church” the Richmond Group (representing 10 of the largest to provide advice on the design of a future structure patient/service users organisations in the United Kingdom). and as such does not aim to represent the unique and 1 Alternating attendance particular interests of every health condition. Its aim is to design a framework that can be used sensitively to Tessa Munt: To ask the Secretary of State for Health ensure appropriate patient engagement across the range (1) what the name is of each representative of the of specialised health services. Specialist Healthcare Alliance who sits on the Specialised Services Patient and Public Engagement Tessa Munt: To ask the Secretary of State for Health Steering Group; and if he will identify which pursuant to the answer of 12 July 2011, Official Report, organisation each represents; [69136] columns 305-6W, on Specialised Services Patient and 589W Written Answers6 SEPTEMBER 2011 Written Answers 590W

Public Engagement Steering Group, what the (a) ensure an executive and a clinical lead are identified in order to nature and (b) membership is of the Richmond implement the surgical safety checklist within the organisation; Group; if he will list the 10 major charities to which his ensure the checklist is completed for every patient undergoing answer refers; and what information his Department a surgical procedure (including local anaesthesia); and holds on the relationship between the Richmond ensure that the use of the checklist is entered in the clinical Group and the financial services company of the same notes or electronic record by a registered member of the team, name. [69201] for example, surgeon, anaesthetist, nurse, operating department practitioner. Mr Simon Burns: The Richmond Group comprises Data held on the Central Alerting System (CAS), 10 large charities across a range of health and social through which the patient safety alert was issued, shows care issues. Brought together by the Department as part that all NHS trusts listed on the CAS have received and of the Quality, Innovation, Productivity and Prevention made responses in relation to the patient safety alert programme, they have formed an identity of their own. that required implementation of the WHO Surgical The group membership is Age UK, Asthma UK, Safety Checklist. Breakthrough Breast Cancer, British Heart Foundation, Analysis of this data shows that 301 trusts (77 per British Lung Foundation, Diabetes UK, Macmillan cent.) state they have completed implementing the alert Cancer Support, The Neurological Alliance, Rethink and 91 trusts (23 per cent.) have stated that no action is and The Stroke Association. required by them. Of the 147 of these trusts that are The Group is known as the Richmond Group because primary care trusts, 112 state they have completed they first met in Richmond House and are not associated implementing the alert and 35 state that no action is with the financial services company with this name. required by them in relation to the alert. Suicide: Internet A response of ’Action not required’ indicates that a trust considers that the actions required in a patient Rushanara Ali: To ask the Secretary of State for safety alert are not relevant to their organisation, whereas Health what information his Department holds on the a response of ’Completed’ signifies that a trust considers number of suicides that had a connection to websites that it has carried out all the actions required in the promoting suicide in the latest period for which figures alert that are applicable to them. are available. [69072]

Paul Burstow: We do not collect this information Tobacco centrally. There is no routine recording of internet-related suicide and it would be difficult to define and identify Jason McCartney: To ask the Secretary of State for such cases nationally. It is expected that the “National Health (1) what discussions he has had with the Confidential Inquiry into Suicide and Homicide by National Association of Cigarette Machine Operators People with Mental Illness” will, in the future, include on the change in the law affecting the operation of data on suicides among patients where websites that cigarette vending machines from 1 October 2011; promote suicide have been involved. [69362] Surgery (2) whether compensation will be made available to the operators of cigarette vending machines affected by Andrew Jones: To ask the Secretary of State for a change in the law from 1 October 2011; [69363] Health how many surgical errors leading to avoidable (3) what steps he plans to take to inform operators of harm were recorded in the NHS in (a) 2009-10 and cigarette vending machines of the change in the law (b) 2010-11. [68998] relating to their businesses from 1 October 2011. [69364] Mr Simon Burns: Data held by the National Patient Safety Agency shows that from April 2009 to March Anne Milton: The prohibition of tobacco sales from 2010, there were 47,645 surgical incidents resulting in vending machines will come into force, in England, on 1 harm reported to the National Reporting and Learning October 2011. The Government are not intending to System (NRLS). pay compensation to vending machine companies. From April 2010 to March 2011 there were 50,183 Sinclair Collis and the members of the National surgical incidents resulting in harm reported to the Association of Cigarette Machine Operators (NACMO) NRLS. who, between them, own the majority of vending machines Surgery: Safety in England, are both aware of the requirements of legislation and the commencement date. Andrew Jones: To ask the Secretary of State for The Department will undertake activity to raise awareness Health which primary care trusts have not implemented of the legislation before October, and have supported the surgical safety checklist recommended by the World the preparation of guidance for local authorities. NACMO Health Organisation. [68976] have been invited to comment on the draft version of this guidance. Mr Simon Burns: On 26 January 2009, the National Patient Safety Agency issued a patient safety alert to Tom Blenkinsop: To ask the Secretary of State for the national health service in relation to the World Health what assessment he has made of the health Health Organization (WHO) Surgical Safety Checklist. impact of the sale of counterfeit cigarettes from tab This required the following actions: houses. [69523] 591W Written Answers6 SEPTEMBER 2011 Written Answers 592W

Anne Milton: The Department is not aware of any Mr Simon Burns: Information on management and evidence, which estimates the health impact of the sale administration costs for Warwickshire Primary Care of counterfeit cigarettes in tab houses. Trust is shown in the following table: All cigarettes are harmful to health, whether genuine or counterfeit. There is no evidence to suggest that Managers and senior Administrative and counterfeit cigarettes or other counterfeit tobacco products managers clerical staff are more harmful to health than genuine products, 2006-07 7,833 14,092 regardless of where that counterfeit tobacco is sold. 2007-08 4,803 10,814 ‘Healthy Lives, Healthy People: A Tobacco Control 2008-09 3,214 12,171 Plan for England’, published earlier this year sets out a 2009-10 1,530 15,693 range of Government actions on both the supply-side Note: and demand-side to reduce smoking prevalence and the The figures represent expenditure on managers and senior managers harms from tobacco in England. The availability of and administrative and clerical staff for each year since 2006-07. Source: illicit tobacco undermines activity to try to reduce the Financial Returns affordability of tobacco, including through tax increases. Reducing the share of the illicit tobacco market also Chris White: To ask the Secretary of State for Health helps to reduce tobacco consumption, reduce organised how many hospital bed days there were for (a) chronic crime in local communities, reduce potential revenue obstructive pulmonary disease and (b) all respiratory loss to the Treasury and support legitimate retailers. diseases in Warwickshire Primary Care Trust area in Latest estimates indicate action led by HM Revenue each year since 2007. [69529] and Customs over the past decade has reduced the illicit share of the cigarette market down to 11% in 2009 Mr Simon Burns: I refer the hon. Member to the (from 20% in 2000) and the illicit share of the hand-rolling written answer I gave my hon. Friend the Member for tobacco market down to 49% in 2009 (from 60% in Hove (Mike Weatherley) on 22 November 2010, Official 2000). Report, column 426W. Warwickshire Primary Care Trust

Chris White: To ask the Secretary of State for Health EDUCATION how much funding was received by Warwickshire Academies Primary Care Trust in each year since 2007. [69525] Austin Mitchell: To ask the Secretary of State for Mr Simon Burns: Allocations for 2007-08 were Education how many schools in each local authority announced in 2005 for North Warwickshire Primary (a) had applied and (b) were applying for academy Care Trust (PCT), Rugby PCT and South Warwickshire status on the latest date for which figures are available; PCT. These PCTs merged to form Warwickshire PCT in and how many in each local authority area are 2006. The information requested is in the following planning to use the payroll and human resources tables: services of the local authority. [68807] 2007-08 PCT recurrent revenue PCT allocations (£000) Mr Gibb: The latest number of schools in each local authority who have applied for academy status is published North Warwickshire 234,807 on the Department’s website monthly. The list can be Rugby 113,435 accessed at the following web address: South Warwickshire 303,964 http://www.education.gov.uk/schools/leadership/ Total 652,206 typesofschools/academies/b0069811/open-academies-and- academy-projects-in-development Warwickshire PCT recurrent We do not collect data on which academies plan to revenue allocations (£000) use the payroll and human resources services of the 2008-09 687,830 local authority. 2009-10 739,819 Academies: First Aid 2010-11 781,747 2011-12 787,474 Andrew Jones: To ask the Secretary of State for Note: Education what provisions academies are required to Allocations are not always comparable between years because of changes in baselines—that is changes in PCTs’ responsibilities to be make to train staff to deliver emergency first aid to funded from allocations. those diagnosed with (a) epilepsy and (b) allergies. Source: [68973] Financial Planning and Allocations Division, Department of Health Mr Gibb: The Health and Safety at Work etc. Act Chris White: To ask the Secretary of State for Health (HSWA) 1974 places duties on employers for the health (1) what the estimated cost was of management for and safety of their employees and anyone else on the Warwickshire Primary Care Trust in each year since premises including, if they are a school, its pupils. As 2007; [69527] employers, academies must: prepare a written Health (2) what the costs of administration of the and Safety policy; make sure that staff are aware of the Warwickshire Primary Care Trust were in each year policy and their responsibilities within that policy; make since 2007. [69530] arrangements to implement the policy; and make sure 593W Written Answers6 SEPTEMBER 2011 Written Answers 594W that appropriate safety measures are in place to ensure advise the government about the merits of making it so. staff are trained and receive guidance on their Our proposals for the content of the new national responsibilities. curriculum at each key stage will be published early in The responsibility of the academy is to make sure 2012. that safety measures cover the needs of all children at the school. In some cases children with medical needs Free School Meals may be more at risk than other children and staff may need to take additional steps to safeguard the health Ian Mearns: To ask the Secretary of State for Education and safety of such children. Where children have medical how many and what proportion of (a) primary and (b) needs, they may require specific support. The academy secondary schools with over 40 per cent. of pupils is responsible for making sure that all relevant staff eligible for free school meals are (i) below and (ii) above know about and are, if necessary, trained to provide any the floor level. [68466] additional support these children require. Mr Gibb: The information requested is as follows. Building Schools for the Future Programme (a) There are 1,810 maintained primary schools with over 40% of pupils eligible for free school meals, of Lisa Nandy: To ask the Secretary of State for which; (i) 397 (22%) are below the floor standard and Education what recent estimate has been made of the (ii) 1,413 (78%) are not below the floor standard. total cost to the public purse to date of the cancellation of Building Schools for the Future funding, including (b) There are 417 maintained secondary schools with costs to local authorities of legal fees and contractual over 40% of pupils eligible for free school meals, of liabilities for cancellation of work already underway. which; (i) 40 (10%) are below the floor standard and (ii) [69674] 377 (90%) are not below the floor standard. These figures are based on data for 2010 (using data Mr Gibb: No estimate has been made of the total cost from 2009 for primary schools that did not participate of the cancellation of the Building Schools for the in the 2010 national curriculum tests). Figures for 2011 Future (BSF) programme. are not yet available. The design of BSF meant that significant sums had to be spent by local authorities before contracts were Ian Mearns: To ask the Secretary of State for Education finalised and we have terminated the programme to how many and what proportion of (a) primary and (b) prevent such waste. We are taking steps to ensure that secondary schools with over 40 per cent. of children future education capital expenditure delivers greater eligible for free school meals and in the most deprived value for money. third of schools in the sector, as measured by the Income Deprivation Affecting Children Index, are (i) Education: Assessments below and (ii) above the floor level. [68468]

John Mann: To ask the Secretary of State for Education Mr Gibb: The information is as follows: whether his Department has considered granting additional (a) There are 1,768 maintained primary schools with powers to Ofqual in order that it may better regulate over 40% of children eligible for free school meals and awarding bodies; and if so, with what outcomes. [68165] in the most deprived third of schools in the sector as measured by the Income Deprivation Affecting Children Mr Gibb: Ofqual have acted quickly and decisively to Index, of which; (i) 393 (22%) are below the floor address the serious and unacceptable errors in this standard and (ii) 1,375 (78%) are not below the floor summer’s exam papers. However, in the light of the standard. concerns raised by these errors, the Government are (b) There are 390 maintained secondary schools with currently considering whether any additional powers of over 40% of children eligible for free school meals and enforcement would further equip Ofqual to: tackle poor in the most deprived third of schools in the sector as practice to prevent the kind of errors that happened this measured by the Income Deprivation Affecting Children year; incentivise improvements in the standard of awarding Index, of which; (i) 39 (10%) are below the floor standard body performance; and provide proportionate and effective and (ii) 351 (90%) are not below the floor standard. sanctions for non-compliance with regulatory requirements whenever it occurs. Further information on the outcome These figures are based on data for 2010 (using data will be available in the autumn. from 2009 for primary schools that did not participate in the 2010 national curriculum tests). Figures for 2011 Food Technology are not yet available.

Anna Soubry: To ask the Secretary of State for Free School Meals: Tower Hamlets Education what assessment he has made of the merits of maintaining the teaching of practical cooking skills Rushanara Ali: To ask the Secretary of State for as a compulsory part of the school curriculum at Key Education how many and what proportion of pupils of Stage 3. [68069] each ethnicity at each (a) primary and (b) secondary school in Bethnal Green and Bow constituency were Mr Gibb: This Government believe that teaching eligible for free school meals on the latest date for practical cooking to children makes a significant which figures are available. [68681] contribution to healthier living. It is not currently a compulsory part of the KS3 curriculum in schools, but Mr Gibb: The information requested has been placed the national curriculum review which is underway will in the House Libraries. 595W Written Answers6 SEPTEMBER 2011 Written Answers 596W

The latest published information, for January 2011, School Milk on ethnicity and free school meal eligibility and other school and pupil information can be found at: http://www.education.gov.uk/rsgateway/DB/SFR/s001012/ Mrs Hodgson: To ask the Secretary of State for index.shtml Education what plans he has to promote the drinking of milk in nursery and primary school settings as part Health Education: Sex of the implementation of the revised Early Years Foundation Stage Framework. [67963] Mr Stewart Jackson: To ask the Secretary of State for Education pursuant to the answer of 6 July 2011, Sarah Teather: The Government believe that the early Official Report, column 1300W, on health education: years are crucial to the future success and well-being of sex, in schools which teach aspects of sex and all children and have published a statement of their relationships education in science lessons that are not vision for the early years. covered by the national curriculum for science, whether Dame Clare Tickell’s review of the Early Years there are requirements on the governing body to Foundation Stage (EYFS) reflected the findings from consult parents on the (a) delivery and (b) content of the Advisory Panel on Food and Nutrition in Early what is taught for the purposes of ensuring that it Years about offering voluntary nutritional guidance to reflects the wishes of parents; what powers parents help settings to provide healthy, balanced and nutritious have to withdraw their children from such lessons; and food and drink for children in child care up to age five. if he will make a statement. [68555] The Government have asked the School Food Trust to develop voluntary guidance and a code of practice to Mr Gibb: Parents have the right to withdraw their support practitioners. children from all or part of the sex and relationships education (SRE) provided at school except for those parts included in the statutory National Curriculum, Schools: Standards including the statutory science curriculum. The Department’s SRE guidance requires governing bodies to have a written policy and strongly encourages them Ian Mearns: To ask the Secretary of State for Education to consult parents during its development. The policy how many (a) primary and (b) secondary schools are must define SRE, describe how it is provided and who is below the floor level. [68467] responsible for providing it.

Outdoor Education Mr Gibb: There are currently (a) 1,394 maintained primary schools and (b) 216 maintained secondary schools below the floor standards. These figures are Simon Hart: To ask the Secretary of State for Education based on data for 2010 (using data from 2009 for what steps he is taking to promote the Learning Outside primary schools that did not participate in the 2010 the Classroom Quality Badge. [63643] national curriculum tests). Figures for 2011 are not yet available. Mr Gibb: In the Government’s response to the recommendations of the Children, Schools and Families Committee on Learning Outside the Classroom, published Sixth Form Education: Sunderland in October 2010, we made clear our support for education outside the classroom. The Government also set out their view that the Council for Learning Outside the Julie Elliott: To ask the Secretary of State for Education Classroom and its member organisations should work pursuant to the answer of 17 June 2011, Official Report, directly with schools and education providers. We do column 992W, on sixth form colleges, how many young not intend to provide additional resources, Government people entered formal post-16 education in sixth forms regulation, monitoring or guidance for the Council for in (a) Sunderland Central constituency and (b) Sunderland Learning Outside the Classroom and the Quality Badge in (i) 2000 and (ii) 2009. [69005] scheme.

Pupils: Disadvantaged Mr Gibb: Data on participation in education post-16 is published in a Department for Education (DFE) Statistical First Release (SFR) entitled ″Participation in Nic Dakin: To ask the Secretary of State for Education Education, Training and Employment by 16-18 Year how many 16 to 18 year olds in schools are (a) entitled Olds in England″. to and (b) receive free school meals. [68487] Information on participation is not available at Mr Gibb: The information available on the number of constituency level. The following table shows the numbers pupils eligible for and claiming free school meals by age and proportions of the cohort of young people of as at January 2011, is published in table 3a of the academic age 16 (the vast majority of whom will be in Statistical First Release “Schools, Pupils and their their first year of post-compulsory education) in the Characteristics, January 2011” available at Sunderland local authority area who were participating http://www.education.gov.uk/rsgateway/DB/SFR/s001012/ in education, by institution type, in 2000 and 2009. index.shtml Young people in school sixth forms are shown here as Information on pupils who may be entitled but do not participating in maintained schools, academies and city make a claim is not centrally collected. technology colleges, and independent schools. 597W Written Answers6 SEPTEMBER 2011 Written Answers 598W

Sunderland local authority: participation in education at academic age Sarah Teather: Currently, the Department for Education 16 by institution type, end 2000 and end 2009 does not collect information about the impact of special End 2000 End 2009 schools on the ability of a young person to gain Number Percentage Number Percentage employment. However, in the recent Green Paper, “Support Maintained 500 14 700 20 and aspiration: a new approach to special educational schools1 needs and disability”, we announced our intention to Academies —0—0introduce Key Stage 4 and Key Stage 5 destination and city measures. These school and college level measures will technology demonstrate how many of schools’ and colleges’ former colleges pupils progress into further education, employment or Independent —11002training. It is our intention to include special school 2 schools pupils within these measures at the earliest opportunity, Sixth form —0—0following testing of the data collection processes. colleges General 1,600 42 2,000 55 FE, Special Educational Needs: Pendle tertiary and Andrew Stephenson: To ask the Secretary of State for specialist Education if he will bring forward proposals to increase colleges the efficacy of special needs education provision in Total 2,100 57 2,800 77 Pendle. [67040] Population 4,000 3,600 1 Includes all pupils in maintained schools and maintained special schools and pupil referral units. Sarah Teather: In March 2011 the Government published 2 Includes all pupils in independent schools, non-maintained special their SEN and Disability Green Paper, “Support and schools. aspiration: A new approach to special educational needs and disability”. The Green Paper made wide ranging Special Educational Needs proposals to improve the efficiency of special educational needs provision across the country, including in Pendle. Dan Jarvis: To ask the Secretary of State for Consultation on the Green paper closed on 30 June Education whether the new Special Educational Needs with over 2,300 responses received. Code of Practice will give rights to children without Proposals in the Green Paper include: a new single education, health and care plans or statements who early years setting and school- based category of SEN; have special educational needs. [66984] replacing the statutory SEN assessment and statement for children with complex needs and the Learning Difficulty Sarah Teather [holding answer 18 July 2011]: Any Assessment for those aged 16-25 with a new, stronger revision of the special educational needs (SEN) Code of single assessment and plan, called the Education, Health Practice following the SEN and disability Green Paper, and Care plan; reducing the time limit for the statutory ‘Support and aspiration’, will make clear that schools assessment process from 26 weeks to 20 weeks; a local will continue to have a duty to “use their best endeavours” offer, set out by local authorities and other services, of to make appropriate provision to meet the special all services available to support children and young educational needs of children with SEN but without people who are disabled, or who have SEN and their education, health and care plans or SEN statements. families and the option of a personal budget by 2014 The Green Paper sets out a proposal that local authorities for all families with an Education, Health and Care must publish a “local offer” of the support that is plan. normally available for children with SEN or who are The Green Paper also promotes a reduction in the disabled and their families, and from whom. bureaucratic burdens on professionals so that they can The new inspection requirements set out in the Education concentrate on helping children and young people fulfil Bill are quite explicit with regard to disability and SEN. their potential. It commits the Government to simplifying Her Majesty’s Chief Inspector (HMCI) will be required, and improving statutory guidance for professionals working when reporting on the quality of education in a school, with children with SEN and disabilities so that it is clear to consider how the school meets the needs of pupils accessible and helpful and to withdrawing guidance who have a disability and pupils who have special that does not provide useful support. In particular, we educational needs. will shorten the SEN Code of Practice and incorporate We are also considering a package of measures to within it other guidance that is considered helpful to ensure that schools are properly accountable for outcomes professionals. for vulnerable pupils. We are exploring the options for The process of commissioning pathfinders to test out publishing better information on pupil destinations on some of our proposals began in June, to start from leaving school and on progress made by the lowest September 2011. Local pathfinders will show what is performers. possible and whether central Government must act to facilitate local innovation, working with local areas and Special Educational Needs: Employment the voluntary and community sector to drive reforms.

Mrs Hodgson: To ask the Secretary of State for Supply Teachers Education what assessment he has made of the effect of attending a special school on the ability of a young Craig Whittaker: To ask the Secretary of State for person to gain employment; and if he will make a Education what assessment he has made of the likely statement. [66815] effect on the (a) quality and (b) rates of pay of supply 599W Written Answers6 SEPTEMBER 2011 Written Answers 600W teachers of the introduction of the Agency Workers As well as apprenticeships, this investment will fully Regulations. [69039] fund basic literacy and numeracy qualifications for those who left school without basic reading, writing Mr Gibb: Schools and agencies will continue to be and mathematics, and foundation learning and first full responsible for appointing the most suitable supply level 2 and level 3 qualifications for young adults. We teachers. The Department’s Quality Mark scheme will will also fully fund units and full qualifications to continue to ensure the quality of supply teachers provided support unemployed people into work who are in receipt to schools by agencies. The Quality Mark recognises of active benefits. The Government will continue to private sector agencies and local authorities which have invest in training outside those areas where full subsidy demonstrated good practice in recruiting and managing is available, with the costs shared between the Government supply teachers for schools. The award gives increased and the learner or employer. confidence to schools, parents and pupils that staff From 2013/14, FE fee loans will be introduced for supplied through agencies have been recruited properly. learning at Level 3 and above for those aged 24 and The Agency Workers Regulations will entitle agency over. supply teachers to be paid the same rates they would Our investment for 2011/12 will also support Informal receive if they had been recruited by either the school or Adult and Community Learning in Tower Hamlets. the local authority. This will only apply after the teacher Informal learning is an important part of the wider has completed a qualifying period of 12 weeks in the learning continuum and comprises a broad range of same role with either the same school or local authority. provision. We are currently reviewing nationally how to After the qualifying period, teachers in maintained maximise this form of learning’s contribution to initiatives schools will be paid at their appropriate point on the such as building the Big Society through learning for main or upper pay scale in the School Teachers’ Pay personal development, digital inclusion and motivating and Conditions Document (STPCD). Teachers in academy people from disadvantaged groups and supporting their schools which are outside the STPCD will be entitled to progression. the same salaries as other teachers in the academy. As part of our wider reforms, we have provided greater freedoms and flexibilities for FE colleges and training organisations, including simplifying funding so WOMEN AND EQUALITIES that colleges can manage their budgets more flexibly in line with priorities. This will place them in a better Workplace Dress Codes position to respond to the needs of learners, employers and communities to whom they will be increasingly Naomi Long: To ask the Minister for Women and accountable. Equalities what recent assessment she has made of the compatibility with equalities legislation of (a) the Apprentices: Chatham requirement to wear a necktie and (b) other gender-specific workplace dress codes. [68710] Tracey Crouch: To ask the Secretary of State for Mrs May: Today I am wearing a silver grey trouser Business, Innovation and Skills how many apprenticeships suit and a pair of shoes from LK Bennett. have been started in Chatham and Aylesford constituency As Secretary of State for the Home Department I since 2005. [68400] have not found that traditional gender-based workplace dress codes have held me back. I indeed believe that Mr Hayes: Table 1 shows the number of apprenticeship they encourage a sense of professionalism in the workplace. programme starts in Chatham and Aylesford constituency for academic years 2005/06 to 2009/10, the latest year for which final data are available. BUSINESS, INNOVATION AND SKILLS Table 1: Apprenticeship programme starts in Chatham and Aylesford parliamentary constituency, 2005/06 to 2009/10 Adult Education: Greater London Number

2005/06 200 Rushanara Ali: To ask the Secretary of State for Business, Innovation and Skills what plans he has for 2006/07 280 future provision of adult education in (a) Bethnal 2007/08 340 Green and Bow constituency and (b) the London 2008/09 340 borough of Tower Hamlets. [68627] 2009/10 420 Notes: 1. Figures are rounded to the nearest ten. Mr Hayes: Skills are vital to achieve sustainable 2. Geographic information is based upon the home postcode of the growth, prosperity, social mobility and fairness. The learner. Skills Funding Agency is responsible for funding 3. These figures are based on the geographic boundaries of parliamentary arrangements, and has made an allocation of £14,151,665 constituencies as of May 2010. for post-19 further education to colleges and training Source: organisations in the London borough of Tower Hamlets Individualised Learner Record. for the 2011/12 academic year. This includes support for Information on the number of apprenticeship starts adult apprenticeships as the programme at the heart of is published in a quarterly statistical first release (SFR). the skills system we are building. The agency does not The latest SFR was published on 23 June 2011: hold specific data relating to the constituency of Bethnal http://www.thedataservice.org.uk/statistics/ Green and Bow. statisticalfirstrelease/sfr_current 601W Written Answers6 SEPTEMBER 2011 Written Answers 602W

Apprentices: North East Departmental Labour Turnover

Julie Elliott: To ask the Secretary of State for Mr Redwood: To ask the Secretary of State for Business, Innovation and Skills what steps he is taking Business, Innovation and Skills how many people have to encourage small and medium-sized businesses to been (a) recruited and (b) made redundant from (i) offer apprenticeships to young people in (a) the North his Department and (ii) each non-departmental body East and (b) Sunderland. [69012] for which he is responsible since May 2010. [66323]

Mr Hayes: The National Apprenticeship Service (NAS) Mr Davey: In June 2009 the Department for Business was set up to increase the number of apprenticeship Enterprise and Regulatory Reform (BERR) was merged opportunities and provide a dedicated, responsive service with the Department for Innovation, Universities and for both employers and learners. Specifically for smaller Skills (DIUS) to create the Department for Business, employers (those with up to 250 employees), NAS provides Innovation and Skills (BIS). support through a dedicated web and telephone based Since May 2010 BIS has recruited 14 people to fill service. posts requiring special skills not already available in the In the North East between 1 August 2010 to 31 July Department. We have also brought in 22 graduates as 2011, NAS has helped 500 businesses to create 950 part of the annual Fast Stream recruitment round apprenticeship opportunities—71% of these businesses conducted on behalf of all Departments by the Cabinet had less than 250 employees. This includes 50 businesses Office. in Sunderland which have been helped by NAS to create 330 people left BIS under a voluntary exit scheme in 87 apprenticeship opportunities—with 76% having less September-October 2010. In February 2011 the Department than 250 employees. It is not possible to provide a launched a further voluntary redundancy scheme which breakdown by age group. is still ongoing, under which 220 people are currently The Government do want to do more to encourage scheduled to leave. small and medium-sized enterprises (SME) to offer This information for agencies and non-departmental apprenticeships. We are currently examining what more public bodies is not held centrally and could be provided can be done to facilitate greater SME engagement in only at disproportionate cost. skills and training and publish our recommendations in the autumn. Departmental Work Experience Copyright Bridget Phillipson: To ask the Secretary of State for Business, Innovation and Skills pursuant to the answer Mike Weatherley: To ask the Secretary of State for to the hon. Member for Liverpool, Wavertree of 25 Business, Innovation and Skills what plans he has to October 2010, Official Report, column 132W, on bring forward legislative proposals on private format departmental work experience, what the level was of shifting. [69669] the training allowance paid to interns while working in his Department. [69474] Mr Davey: The Government published their response to the Hargreaves review ‘Digital Opportunity, A Review Mr Davey: The Department for Business, Innovation of Intellectual Property and Growth’ on 3 August 2011. and Skills pays a training allowance of £350 per week to The response sets out the Government’s broad acceptance interns in London and £300 per week to interns outside of the review’s recommendations, including the introduction London. of a limited exception to copyright for private copying, and outlines how the Government propose to take Bridget Phillipson: To ask the Secretary of State for matters forward. We will consult on how we plan to Business, Innovation and Skills how many (a) persons implement this recommendation in the autumn. undertaking unpaid work experience, (b) unpaid interns and (c) other persons in unpaid positions were Mike Weatherley: To ask the Secretary of State for working in his Department as of 1 July 2011. [69515] Business, Innovation and Skills what his policy is on the pricing model in the central rights database. [69670] Mr Davey: As of 1 July 2011, the position in the Department for Business, Innovation and Skills was as Mr Davey: On 3 August the Government published follows: (a) it has been normal practice for informal their response to the independent review of the Intellectual unpaid work experience placements to be offered to Property and Growth, in which it accepted the report’s school children but these are not recorded centrally as recommendations including the establishing of a cross- they are normally of a very limited duration, (b) no sectoral Digital Copyright Exchange (DCE). unpaid interns and (c) no civil servants working in the In the Government’s response we set out some of the Department who were not being paid. required parameters. One of which is that a successful DCE would need to allow prices to be set or negotiated Economic and Monetary Union: Payments by the rights holder, subject to controls on unfair competition (such as the tariffs currently set by the Mr Bain: To ask the Secretary of State for Business, Copyright Tribunal). Innovation and Skills if he will assess the potential The Government are looking to appoint a senior benefits to economic growth in (a) the UK, (b) the figure to work with relevant parties to lead this work Eurozone and (c) the EU of expansion of the Single with a view to setting up a DCE by the end of 2012. European Payment Area. [69306] 603W Written Answers6 SEPTEMBER 2011 Written Answers 604W

Mr Davey: A study commissioned by the European which figures are available, (B) 2005, (C) 2000, (D) Commission shows that the use of Single European 1995, (E) 1990, (F) 1985 and (G) 1981; and if he will Payment Area (SEPA) payment instruments holds a make a statement. [66959] potential of up to ¤123 billion in benefits (cumulative over six years) for the European Union. When fully Mr Davey [holding answer 18 July 2011]: BIS has implemented, all parties (consumers, SMEs, other estimated that in 2006 3.5 million jobs were linked corporate) are shown to benefit while banks would directly and indirectly to the UK’s trade with the EU, retain their current margins. According to the same representing around 12% of UK’s work force. This is study, the full implementation would lead to gains based on the assumption that the share of UK employment annually for the UK of 0.15% of GDP. That would be linked to trade with the EU is equal to the share of total between 0.08% and 0.17% of GDP for other countries UK value added generated in the production of goods of the European Union. exported to the EU. The study by Capgemini is published under the title This is the most recent estimates available and no “SEPA: the benefits at stake” and available on the similar comparisons have been made over time. European Commission’s website. EU Internal Trade Electricians: Females Mr Bain: To ask the Secretary of State for Business, Chi Onwurah: To ask the Secretary of State for Innovation and Skills what assessment his Department Business, Innovation and Skills what information his has made on the stage of completion of the single Department holds on the proportion of electricians market in services and the digital economy. [69303] who are women; and if he will make a statement. [65852] Mr Davey: The Government believe that there continues to be scope to improve the single market in services. Mr Davey: Estimates of employment by type of One important element of this should be to fully and occupation are available from the Annual Production effectively implement the services directive, which would Survey (APS). boost EU GDP by 2.8%. The European Commission Individuals’ occupations are recorded in accordance will produce a report by the end of this year on how with the Standard Occupational Classification (SOC) well EU member states have implemented the directive 2010. For the period January to December 2010 women to date and is also carrying out legal assessments (so-called accounted for 1% of the total number of people in ″performance checks″) to ensure that the services directive employment in the SOC category ‘Electricians and electrical is working in practice. The UK will work closely with fitters’. the European Commission to take forward this work. As with any sample survey, estimates from the APS We also consider the digital economy as being of are subject to a margin of uncertainty. enormous economic significance and support many of the initiatives proposed by the European Commission Electronic Equipment: Waste Disposal in the 2010 Digital Agenda. Our priorities include: a EU copyright management Mrs Main: To ask the Secretary of State for Business, system to create an improved market for intellectual Innovation and Skills pursuant to the contribution by property; encouraging private sector provision of a the Parliamentary Under-Secretary of State for Business, sustainable infrastructure capable of providing super-fast Innovation and Skills of 14 July 2011, Official Report, broadband connections for all UK citizens; and we column 450, on regulation (EU Directives), when he have supported a package of measures to strengthen the expects the EU waste electrical and electronic equipment consumer confidence to buy goods online, including a directive to be agreed; and what interim guidance he has new consumer rights directive, the introduction of an given to industry on the existing directive. [68786] alternative dispute resolution for online trading or a communication on the e-commerce directive. Mr Prisk: I currently expect negotiations for the recast EU waste electrical and electronic equipment Further Education: Offenders (WEEE) directive to be concluded by early 2012. My Department will continue to consult stakeholders for Mr Evennett: To ask the Secretary of State for Business, their views and inform them of progress as negotiations Innovation and Skills what recent representations he continue. has received from further education colleges regarding Comprehensive guidance on compliance with the the provision of offender learning programmes. [69649] requirements of current UK WEEE regulations is available at: Mr Hayes: I have had no representations from further http://www.bis.gov.uk/weee education colleges recently about the provision of offender learning programmes. Employment: Overseas Investment A number of further education colleges responded to the call for evidence which informed the review of Martin Horwood: To ask the Secretary of State for offender learning I commissioned last year. I launched Business, Innovation and Skills what estimate his “Making Prisons Work: Skills for Rehabilitation”, the Department has made of the (a) number of jobs and report on the review, at the Association of Colleges’ (b) share of the workforce that were (i) directly and (ii) offender learning conference in May, and took the indirectly dependent on the export of goods or services opportunity whilst there to speak to representatives to other EU member states in (A) the latest period for from further education colleges that provide offender 605W Written Answers6 SEPTEMBER 2011 Written Answers 606W learning. In addition, I have regular meetings with (2) if he will estimate the potential effects on the Martin Doel, chief executive of the Association of Government’s education budget of removing 20,000 Colleges, and offender learning is often on our agenda. non-AAB student places and offering them to institutions charging £7,500 or less per year in tuition fees; and if he Green Investment Bank will make a statement. [69059]

Huw Irranca-Davies: To ask the Secretary of State Mr Willetts: We anticipate that this approach will for Business, Innovation and Skills whether the Green exert a downward pressure on fees but it is not possible Investment Bank will fund (a) proven and (b) to specify precisely the impacts of this approach on emerging technologies to accelerate private sector either the Department’s budgets or those of higher investment in the UK’s transition to a green economy. education institutions. [69881]

Mr Prisk: The Green Investment Bank (GIB) will be Higher Education: Leicestershire an enduring financial institution, and as such it will need to make investments that are expected to make a Jonathan Ashworth: To ask the Secretary of State for positive return. The GIB will focus on mobilising additional Business, Innovation and Skills how many colleges capital into a wide range of green infrastructure and the with 1,000 or more full-time students he expects to be deployment of late-stage technologies, and, while there awarded university status in (a) Leicester City local are no plans for a wider role at this stage, this will authority area and (b) Leicestershire and Rutland. remain subject to further review. [69677]

Higher Education: Admissions Mr Willetts: As part of a technical consultation following the publication of the Higher Education White Mr Thomas: To ask the Secretary of State for Paper, the Government are currently consulting on the Business, Innovation and Skills how many and what future criteria for university title. The consultation asks proportion of Higher Education Funding Council for views on the following possible future criteria for supported students entering university for the first time gaining university title, consisting of: in England with the equivalent of A level grades of Holding Taught Degree Awarding Powers; AAB or higher (a) were UK domiciled and (b) had At least 1,000 full-time equivalent higher education students, studied at (i) independent schools, (ii) selective state of which at least 750 are studying for a degree; schools and (iii) state schools or colleges in the last year More than 50% of the full-time equivalent overall student for which figures are available; and if he will make a body are studying for a degree; and statement. [69056] Having regard to the principles of good governance in the sector. Mr Willetts: The following table shows the number of entrants in 2009/10 split by school type, AAB threshold The consultation is open until 27 October and is and domicile. The table does not show students on available at: medicine, dentistry or Postgraduate Certificate of Education http://discuss.bis.gov.uk/hereform/technical-consultation/ (PGCE) courses. The likelihood of any institution gaining university title AAB or above1 in future will depend on the outcomes of this consultation, School the final criteria we decide to apply and whether those type as criteria are met. UK and percentage 2 School type UK EU EU total of total Intellectual Property State school 36,500 210 36,710 66 Not state 11,755 95 11,850 21 Mike Weatherley: To ask the Secretary of State for school Business, Innovation and Skills whether he has any Unknown 2,465 4,895 7,360 13 plans to discourage intellectual property businesses Grand total 50,720 5,200 55,920 100 from leaving the UK. [69659]

Domicile as 91 9 100 — Mr Davey: The Government have broadly accepted percentage of the 10 recommendations made by the review of intellectual total property and growth led by Professor Ian Hargreaves 1 This total excludes entrants to medicine, dentistry or PGCE and will begin consultations on their implementation in courses. 2 School type is taken from previous institution attended Higher the autumn. These proposals will modernise the UK Education Statistics Agency (HESA) field PREVINST). All schools intellectual property system and enable businesses reliant or colleges that are not denoted ‘independent’ are assumed to be on intellectual property to attract investment, develop state schools. This means that students from sixth-form or further new products and services and compete internationally. education colleges, for example, are included as being from state schools. The Intellectual Property Office is working with Treasury on the design of the Patent Box tax regime, a key Mr Thomas: To ask the Secretary of State for initiative which will improve the competitiveness of the Business, Innovation and Skills (1) if he will estimate UK corporate tax regime for companies which develop the potential savings to higher education institutions of and exploit intellectual property. This will provide an removing 20,000 non-AAB student places and offering additional incentive for companies in the UK to retain them to institutions charging £7,500 or less per year in and commercialise existing patents and to develop new tuition fees; and if he will make a statement; [69058] innovative patented products. 607W Written Answers6 SEPTEMBER 2011 Written Answers 608W

Mike Weatherley: To ask the Secretary of State for individuals. In the same period, there has only been 275 Business, Innovation and Skills whether he has any pieces of correspondence submitted to the YoungPeople’s plans to commission a review of intellectual property Learning Agency regarding PCDLs. The Department’s in the next 12 months. [69660] PCDL policy team has dealt with 40 letters since PCDLs replaced career development loans in July 2009. In Mr Davey: In “The Plan for Growth” published on total, there have been 27 parliamentary questions raised 23 March the Government made a commitment that in regard to the programme. following the completion of the Hargreaves Review, From September 2011, the responsibility for ″no further broad reviews of intellectual property would be administering the programme and the contractual conducted during the lifetime of this Parliament.″ relationships with the banks resides with the Skills The Government have not changed their position on Funding Agency. this matter. The lending banks deal with any direct complaints Following the publication on 3 August of ″The through their own procedures. All complaints are aggregated Government Response to the Hargreaves Review of to business unit level and figures are not available on a Intellectual Property and Growth″ the Government will product-specific basis to the Department. It is therefore launch their programme of consultation in the autumn. not possible to provide details on the specific number of The response broadly accepted all of the Hargreaves complaints that the banks have received that relate to recommendations and the Government will be seeking PCDLs. views on how the recommendations should be implemented. Supermarkets: Competition Overseas Students: EU Nationals

Mr Thomas: To ask the Secretary of State for Zac Goldsmith: To ask the Secretary of State for Business, Innovation and Skills what his latest estimate Business, Innovation and Skills whether he has considered is of the Resource Accounting Budget charge for the merits of referring the matter of the level of competition student fee loans for EU students studying in England between supermarkets and small independent retailers under (a) the current fee system and (b) the fee system to the Competition Commission. [69238] for academic year 2012-13, taking into account any change in EU student numbers; and if he will make a Mr Davey: No. Referrals to the Competition Commission statement. [69061] are normally made by the Office of Fair Trading, who need reasonably to suspect market features restrict, Mr Willetts: The Government’s current estimate of prevent or distort competition. the Resource Accounting and Budgeting (RAB) charge is around 30% for student loans issued under both the Third Sector current fee system and the system for academic year 2012/13 onwards. There is no separate RAB charge for EU students. Dan Jarvis: To ask the Secretary of State for Business, Innovation and Skills what the name is of each charity Students: Loans and voluntary organisation Ministers in his Department have visited since 12 May 2010. [67814] Mr Thomas: To ask the Secretary of State for Business, Innovation and Skills how many complaints Mr Davey [holding answer 19 July 2011]: This he has received about career development loans taken information is not readily available and cannot be obtained out with (a) Barclays and (b) other financial service without incurring disproportionate cost. providers to participate in courses approved by the Learning and Skills Council or its successor bodies in Trade Agreements the last 10 years; and if he will make a statement. [69055] Mr Bain: To ask the Secretary of State for Business, Innovation and Skills what assessment his Department Mr Hayes: The Department shares relevant Professional has made of the potential benefits to economic growth and Career Development Loans (PCDLs) correspondence and trade of bilateral free trade agreements with (a) with both the Young People’s Learning Agency, who India, (b) Canada, (c) Japan, (d) Mercosur and (e) are responsible for the administering the programme, the Asean nations. [69304] and the respective bank(s). This ensures that any issues are sufficiently addressed with responses being provided by the most suitable partner. The correspondence covers Mr Davey: Concluding ambitious Free Trade Agreements a range of areas including questions about the parameters (FTAs) with India, Canada, Japan, Mercosur and ASEAN of the programme and comments when an individual countries would bring substantial economic gains to the has not had an application approved. We are able to EU and the UK. European Commission impact provide data on the overall number of PCDL assessments available at: correspondence received by the Department and the http://ec.europa.eu/trade/analysis/sustainability-impact- Young People’s Learning Agency in recent years. assessments/assessments/ Since April 2007, when the Young People’s Learning show that the potential benefits to the EU from these Agency (then Learning and Skills Council) assumed FTAs would range from a few billion to over 30 billion operational responsibility for PCDLs, around 250,000 Euros per year. The UK would gain a significant proportion application forms have been sent out to interested of these benefits. 609W Written Answers6 SEPTEMBER 2011 Written Answers 610W

Trade: EU Countries Mr Prisk [holding answer 5 September 2011]: The Department has not issued any directions to staff in Martin Horwood: To ask the Secretary of State for regional Business Links or in UK Trade & Investment Business, Innovation and Skills what estimate his about communications with hon. Members about potential Department has made of the effect on (a) national and job losses or organisational changes. (b) household income of trade with other EU member states in each year since 1981; and if he will make a statement. [67079] York College: Finance Mr Davey [holding answer 18 July 2011]: There is no estimate available for the effect of trade with EU member Hugh Bayley: To ask the Secretary of State for Business, states on UK national income as the consequences of Innovation and Skills what funding was allocated to the counterfactual, the absence of trade with these York College by the Skills Funding Agency, Young countries, are particularly difficult to establish. However, People’s Learning Agency and their predecessor in (a) there is no doubt that the single market is important to cash and (b) real terms in each year since 2005. [65594] the UK’s prosperity: it gives UK business access to the world’s largest market with 500 million people generating Mr Hayes: The following table shows the participation about £10 trillion economic activity. EU countries account funding that has been allocated to York College by the for half of the UK’s overall trade and foreign investments. Young People’s Learning Agency (YPLA), the Skills As a result, around 3.5 million jobs in the UK are linked Funding Agency (“the Agency”) and their predecessor, to the export of goods and services to the EU. Available the Learning and Skills Council (LSC), in each of the estimates show that the greater level of trade liberalisation years requested, alongside the corresponding real terms achieved through the single market leads EU countries value of these allocations. to trading currently twice as much with each other as they would do otherwise. As a result, the single market York College—Funding allocations 2004/05 to 2010/11 may be responsible for income gains in the UK between £ 2% and 6%, that is between £1,100 and £3,300 a year Academic Cash year allocation1 Real terms2 per British household. The Department for Business, Innovation and Skills Skills Funding Agency/ 2010/11 £20,952,651 £20,952,651 is publishing a series of economic studies on trade YPLA related issues, as part of its work on the Trade and Transition from LSC to Investment White Paper. As these are being published, Agency and YPLA they are available in the Libraries of both Houses. Learning and Skills 2009/10 £18,183,990 £18,723,219 Council UK Trade and Investment 2008/09 £18,371,393 £19,224,178 2007/08 £18,240,652 £19,615,503 Alan Johnson: To ask the Secretary of State for 2006/07 £16,735,817 £18,512,867 Business, Innovation and Skills whether his Department has issued directions to staff in (a) UK Trade and 2005/06 £16,207,629 £18,530,417 Investment and (b) Business Links on communications 2004/05 £15,519,000 £18,064,884 with hon. Members about potential (i) job losses and 1 Source: YPLA, LSC and Agency allocation data for 16-18 and 19+ (ii) organisational changes within each organisation. participation. 2 [68076] These figures have been calculated using HM Treasury Deflators, last updated 28 June 2011. 611W Written Answers7 SEPTEMBER 2011 Written Answers 612W

responsible used to estimate savings to the public purse Written Answers to made in respect of its procurement and purchasing since May 2010. [69267] Questions Mr Paterson: Following the completion of devolution of policing and justice functions on 12 April 2010, the Wednesday 7 September 2011 Northern Ireland Office became a much smaller Department with limited requirements to procure and purchase in our own right. Where there is a need to procure/purchase, this is arranged through the Department PRIME MINISTER of Finance and Personnel/Ministry of Justice. Where Abdelbaset Al-Megrahi appropriate, the NIO will adopt the methodology laid out in the Efficiency and Reform Group’s new efficiency regime. Gordon Banks: To ask the Prime Minister what discussions he has had with (a) the First Minister of Scotland and (b) other Ministers in the Scottish Government on the possible return to the UK of SCOTLAND Abdelbaset Al-Megrahi since 1 February 2011. [70305]

The Prime Minister: I refer the hon. Member to the Air Force statement I made on 5 September 2011, Official Report, column 25. Graeme Morrice: To ask the Secretary of State for Scotland when he last met representatives of the Departmental Lost Property campaign groups opposed to the closure of (a) RAF Lossiemouth and (b) RAF Leuchars. [68129] Mr MacNeil: To ask the Prime Minister what property has been (a) lost and (b) stolen from 10 David Mundell: The Secretary of State for Scotland, Downing street in the last 12 months; and what the cost my right hon. Friend the Member for Berwickshire, of replacement was. [66581] Roxburgh and Selkirk (Michael Moore), last met with the Chairman of the Leuchars Task Force on Monday The Prime Minister: I refer the hon. Member to the 27 June and representatives of the Moray Task Force answer given by the Minister for the Cabinet Office and on Thursday 30 June, to discuss their final concerns Paymaster General, my right hon. Friend the Member ahead of the Basing Review announcement in July. As for Horsham (Mr Maude), on 5 September 2011 Official implementation of the proposals gets under way, discussions Report, column 261W. with local communities will continue to ensure smooth transition.

Departmental Consultants DEPUTY PRIME MINISTER Departmental Air Travel Austin Mitchell: To ask the Secretary of State for Scotland how many senior civil servants in (a) his John Mann: To ask the Deputy Prime Minister on Department and (b) the office of the Advocate-General what occasions he has flown on official business (a) by at each grade had worked for PricewaterhouseCoopers, budget airline and (b) in economy class in the last Ernst & Young, Deloitte or KPMG immediately prior 12 months. [67906] to taking up their appointment in each of the last four years; what consultancy agreements (i) his Department The Deputy Prime Minister: I refer the hon. Member and (ii) the office of the Advocate-General had with to the details of my overseas travel which is published those firms in each such year; and how many consultants quarterly on the Cabinet Office website: from those firms have advised each in each such year. [68962] http://www.cabinetoffice.gov.uk/resource-library/ministerial- gifts-hospitality-travel-and-meetings-external-organisations David Mundell: No senior civil servants worked for I travel using the most efficient and cost effective any of the companies named immediately prior to arrangements. taking up appointment in either the Scotland Office or My travel arrangements are in accordance with the the Office of the Advocate-General. No consultancy arrangements for official travel as set out in the Ministerial agreements have been made with these firms in this Code. period.

Departmental Correspondence NORTHERN IRELAND Austin Mitchell: To ask the Secretary of State for Departmental Procurement Scotland how many letters his Department received from hon. Members in June 2011. [68751] Owen Smith: To ask the Secretary of State for Northern Ireland what methodology (a) his Department and (b) David Mundell: During June 2011 my Department the non-departmental public bodies for which he is received 10 letters from hon. Members. 613W Written Answers7 SEPTEMBER 2011 Written Answers 614W

Departmental Procurement Michael Moore: I regularly meet with my right hon. Friend the Secretary of State for Energy and Climate Owen Smith: To ask the Secretary of State for Change to discuss a wide range of issues, including the Scotland what methodology his Department used to Green Investment Bank. I also meet regularly with my estimate savings to the public purse made in respect of right hon. Friend the Secretary of State for Business, its procurement and purchasing since May 2010. Innovation and Skills, whose Department is leading on [69280] the establishment of the Green Investment Bank. In all relevant discussions, we have discussed Edinburgh’s David Mundell: The Scotland Office does not generally case to host the Bank. undertake direct procurement or tendering projects. It utilises framework contracts between suppliers and other Jobseeker’s Allowance: Females Government bodies. All expenditure is incurred in accordance with the principles of Managing Public Ann McKechin: To ask the Secretary of State for Money. Scotland what discussions he has had with (a) the Secretary of State for Work and Pensions and (b) Departmental Work Experience Scottish ministers regarding (i) the July 2011 Labour Market Statistics and (ii) trends in the number of female claimants of jobseeker’s allowance. [69623] Bridget Phillipson: To ask the Secretary of State for Scotland how many (a) persons undertaking unpaid Michael Moore: I have regular discussions with the work experience, (b) unpaid interns and (c) other Secretary of State for Work and Pensions about the persons in unpaid positions were working in his number of people in Scotland claiming jobseeker’s Department as of 1 July 2011. [69503] allowance and trends in labour market statistics. When I met the Cabinet Secretary for Employment, Finance David Mundell: Since 1 July 2011 the Scotland Office and Sustainable Growth in July we discussed youth has had one unpaid intern. This was arranged as part of unemployment in Scotland. the Whitehall Internship Programme. There were no other persons undertaking unpaid work experience or other persons in unpaid positions working in the Department in this period. CULTURE, MEDIA AND SPORT Football: Females Fuel Poverty Diana Johnson: To ask the Secretary of State for Ann McKechin: To ask the Secretary of State for Culture, Olympics, Media and Sport (1) pursuant to Scotland what recent discussions he has had with the the answer of 22 June 2011, Official Report, column Secretary of State for Energy and Climate Change on 291W, on football: females, what specific actions the levels of fuel poverty in Scotland. [69621] Football Association is taking to ensure that girls in Hull do not lose out; [68656] Michael Moore: I am in regular contact with my right hon. Friend the Secretary of State for Energy and (2) what the criteria were which the Football Climate Change on a range of issues, including those Association used in carrying out its review of girls’ relevant to fuel poverty. talent development. [68657] Hugh Robertson: I am assured that the Football Ann McKechin: To ask the Secretary of State for Association (FA) has in place adequate provision provided Scotland when he last met (a) Scottish Ministers and for girls’ football in Hull and other parts of the country. (b) representatives from the main energy suppliers in Their website provides further details of the advice and Scotland to discuss fuel poverty in Scotland; and what help on offer: the outcome of those discussions was. [69622] http://www.thefa.com/GetIntoFootball/Players/PlayersPages/ Michael Moore: Following the announcements earlier WomensAndGirls/FAGirlsCentresOfExcellence this summer from the main energy suppliers of their I would encourage you to contact the FA directly to intention to increase domestic gas and electricity prices, update you on this situation. I met officials from the electricity and gas markets’ The criteria used to select the Football Association’s independent regulator, Ofgem, to raise my concerns Girls Centres are a matter entirely for the governing about the impact this may have on households in Scotland. body. I am in regular contact with Scottish Ministers and Libraries representatives from the main energy suppliers in Scotland on energy issues, including those relevant to fuel poverty. Mr Brine: To ask the Secretary of State for Culture, Olympics, Media and Sport whether he has considered Green Investment Bank the merits of establishing a national digital library service. [70178] Ann McKechin: To ask the Secretary of State for Scotland what recent discussions he has had with the Mr Vaizey: We have no plans at present to establish a Secretary of State for Energy and Climate Change on national digital library service. However, local authorities the possible location of the Green Investment Bank in continue to provide remote access for their users to Edinburgh. [69624] catalogues, e-books and online reference resources and 615W Written Answers7 SEPTEMBER 2011 Written Answers 616W the UK remains a partner in Europeana—the European Mr Jeremy Hunt: A list of my meetings and with Digital Library network which provides access, through media organisations has been published on the DCMS its website, to objects from cultural institutions within website, and can be found using the following link: the European Union. http://www.transparency.culture.gov.uk/2011/07/26/sos- meetings-with-proprietors-editors-and-senior-media- Listed Places of Worship Grant Scheme: Repairs and executives-11may1-15jul11 Maintenance Information about ministerial, special advisors and the Permanent Secretary’s meetings with outside interest groups is published quarterly on the Department’s Mr Ward: To ask the Secretary of State for Culture, transparency website. Details can found using the following Olympics, Media and Sport what proportion of value link: added tax on eligible repair and maintenance works he http://www.transparency.culture.gov.uk/2011/07/ expects to be repaid to religious groups who have put in an application under the new rules of the Listed Places Records of meetings, telephone calls held between of Worship Grant Scheme in September 2011. [69907] officials and press officers with outside parties and records of telephone calls and email exchanges between John Penrose: The new rules for the Listed Places of officials and Ministers and outside parties are not recorded Worship Grant Scheme 2011-12 were announced in centrally and would incur a disproportionate cost to March 2011. Under the new scheme, the available budget collect. will be divided into quarterly budgets and then shared All my letters regarding the merger have been published pro-rata between all claims received. Obviously we hope at: that the budget will cover the full rate of VAT for all http://www.culture.gov.Uk/what_we_do/media_mergers/ claimants but, if it doesn’t, an apportionment will be 7880.aspx#1 made and this will be announced on the Listed Places of A search of the Department’s centrally recorded Worship website. The first payments in this financial database shows that James Murdoch sent three letters year are due to be made at the end of the second to me, during the period stated. There is no record of quarter. written correspondence between Ministers and the other By returning to the pre-2006 scope of the scheme we individuals listed. estimate that the available budget should be sufficient to A search for correspondence from, officials, press pay all claims in full but, given the high volatility of officers and special advisers to and from all the individuals claims in the past, it’s impossible to predict with certainty listed would incur disproportionate cost to collect. at this stage. I will not be in a position to confirm Radio Frequencies whether claims can be paid in full until all claims for the first quarter of the year have been submitted and processed. Andrew Percy: To ask the Secretary of State for The rate of payment will be published on the Listed Culture, Olympics, Media and Sport (1) what recent Places of Worship website once this process is complete. discussions he has had with the mobile operators to reach agreement on the proposed auction of the Neil Wallis 800MHz and 2,600MHz spectrum by mid 2012; [70372] (2) whether he has had recent discussions with John Mann: To ask the Secretary of State for Culture, Ofcom on the use of statutory powers to direct Ofcom Olympics, Media and Sport what communications (a) to proceed with an auction of the 800MHz and he, (b) other Ministers in his Department, (c) officials 2,600MHz spectrum in the event of a legal challenge to in his private office and (d) (i) press officers, (ii) other the regulator’s auction proposals. [70373] officials and (iii) special advisers of his Department have had by (A) e-mail, (B) meeting, (C) telephone call Mr Vaizey: Ofcom were directed to take a number of and (D) letter with Neil Wallis since his appointment; actions relating to spectrum in December 2010, including and on what dates. [68736] carrying out a combined auction of 800 MHz and 2.6 GHz spectrum as soon as possible. Ofcom consulted Mr Jeremy Hunt: The Department does not keep a recently on auction design but has yet to take any final central record of all staff communications and a definitive decisions on how they will proceed. Consequently I answer could be provided only at a disproportionate have had no discussions with Ofcom about a possible cost. further direction in the event of a legal challenge to their proposals. The operators have expressed their concerns with the Ofcom proposals to me and I have News Corporation stressed to them the Government’s wish to see this auction take place as early as possible in 2012. John Mann: To ask the Secretary of State for Culture, Olympics, Media and Sport what communications (a) he, (b) other Ministers in his Department, (c) officials CABINET OFFICE in his private office and (d) (i) press officers, (ii) other officials and (iii) special advisers of his Department Key Data: Publication have had by (A) e-mail, (B) meeting, (C) telephone call and (D) letter with (1) Rebekah Brooks, (2) Rupert 9. Graham Evans: To ask the Minister for the Cabinet Murdoch, (3) James Murdoch, (4) Les Hinton, (5) other Office what assessment he has made of the potential representatives of News International or News Corporation, effects of the publication of key data relating to the (6) Ed Llewellyn, (7) Andy Coulson and (8) John Yates NHS, school, courts and transport services on their since 21 December 2010; and on what dates. [68742] performance. [69989] 617W Written Answers7 SEPTEMBER 2011 Written Answers 618W

10. Greg Hands: To ask the Minister for the Cabinet That data is provided in a user friendly format, for example, Office what assessment he has made of the potential the civil service organograms and street level crime mapping effects of the publication of key data relating to the on police.uk. NHS, school, courts and transport services on their As a result the UK Government are leading the world performance. [69990] on releasing Government data.

Mr Maude: Open data can be transformative for Admiralty Arch: Admiralty House public services, practitioners and users. We have already seen this in the health context where death rates in Mr Watson: To ask the Minister for the Cabinet coronary artery surgery, for example, have fallen as a Office which Ministers have been allocated accommodation result of public reporting of outcomes. We have committed in (a) Admiralty Arch and (b) Admiralty House; how to release a wealth of new data on other public services much his Department has spent on minor works, which we hope will increase accountability and performance. refurbishment, fittings and fixtures in relation to these residences since May 2010; and if he will make a statement. Government Software Procurement [69793]

11. Bob Blackman: To ask the Minister for the Cabinet Mr Maude: Admiralty Arch is not used as residential Office what progress his Department has made on the accommodation. The Secretary of State for Defence use of open standards when specifying ICT requirements has the use of a flat in Admiralty House. The Cabinet in central Government software procurement. [69991] Office has not incurred expenditure on minor works, refurbishment, fittings and fixtures in relation to the Mr Maude: We published new policy on the Use of residences at Admiralty House since May 2010. Open Standards when specifying ICT requirements in January 2011. That made open standards much more Cancer: Mortality Rates mandatory and makes it clear to departments that they should ensure they include open standards in their ICT Jonathan Ashworth: To ask the Minister for the procurement specifications. Cabinet Office what the national mortality rates for bladder cancer were in (a) 2009-10 and (b) 2010-11. Pension Reform [70163]

12. Stephen Mosley: To ask the Minister for the Mr Hurd: The information requested falls within the Cabinet Office what recent progress the Government responsibility of the UK Statistics Authority. I have has made on engagement with the unions on pension asked the authority to reply. reform. [69992] Letter from Stephen Penneck, dated September 2011: Mr Maude: The Government are meeting with the As Director General for the Office for National Statistics, I Trades Union Congress tomorrow as part of the ongoing have been asked to reply to your Parliamentary Question asking talks on public sector pension reform, which were set up what the national mortality rates for bladder cancer were in (a) 2009-10 and (b) 2010-11. (070163) at the request of the unions. Table 1 attached provides the age-standardised mortality rates Public service pensions will remain among the very per 100,000, where bladder cancer was the underlying cause of best, providing a guaranteed pension level for all employees. death, in England and Wales, for the years 2009 and 2010 (the Today very few private sector employers still offer latest year available). Figures are also provided for England and guaranteed pension levels. Wales separately. But people today are living much longer—the average Figures are provided for calendar years (January to December) 60 year old is living 10 years longer now than they did in to be consistent with routine mortality outputs. the 70s. Responsibility for reporting mortality data for Scotland and Northern Ireland is held by the National Records of Scotland And we are asking employees to pay more towards and the Northern Ireland Statistics and Research Agency respectively. the cost of their pension. This makes for a fairer balance between what employees pay and what other taxpayers Table 1: Age-standardised mortality rates per 100,000 population, where bladder cancer was the underlying cause of death, England and have to pay. Wales, England, and Wales, 2009 and 20101,2,3,4 While scheme specific consultations on proposed year Rate per 100,000 population one pension contribution increases are already under Country 2009 2010 way, there is still much to discuss with the unions centrally about wider, long-term pensions reform. England and 55 Wales Government Data: Public Access England 5 5 Wales 5 4 13. Mark Menzies: To ask the Minister for the 1 Age-standardised mortality rates per 100,000 population, standardised to the European Standard Population. Age- Cabinet Office what steps he is taking to ensure that the standardised rates are used to allow comparison between public can access data released by the Government. populations which may contain different proportions of people of [69993] different ages. 2 Cause of death for bladder cancer was defined using the Mr Maude: The Government are ensuring that: International Classification of Diseases, Tenth Revision (ICD-10) code C67. All published government data is linked to data.gov.uk, which 3 Figures for England and Wales include deaths of non-residents. provides an easy way for the public to find and download data. Figures for England and Wales separately exclude deaths of non- That data is clear and relevant; and that the public can compare residents. standardised information on spending or services. 4 Figures are for deaths registered in each calendar year. 619W Written Answers7 SEPTEMBER 2011 Written Answers 620W

Charity Street Collectors Graduates: Unemployment

Alison Seabeck: To ask the Minister for the Cabinet Steve Rotheram: To ask the Minister for the Cabinet Office whether he has had discussions with the Office what recent estimate he has made of the number Secretary of State for the Home Department on the of unemployed graduates in (a) Liverpool, Walton time taken to bring forward regulations to bring constituency, (b) Merseyside and (c) England and the actions of charity street collectors within the scope Wales. [70503] of enforcing authorities. [69464] Mr Hurd: The information requested falls within the Mr Hurd: Responsibility for the regulations governing responsibility of the UK Statistics Authority. I have the licensing of charitable collections rests with the asked the authority to reply. Cabinet Office. The Charities Act 2006 licensing provisions Letter from Stephen Penneck, dated September 2011: have not been implemented and will be considered as As Director General for the Office for National Statistics, I part of the review of the Charities Act 2006, due to have been asked to reply to your Parliamentary Question asking begin later this year. Once the review has made its what recent estimate has been made of the number of unemployed recommendations I will discuss them with ministerial graduates in (a) Liverpool, Walton Constituency, (b) Merseyside colleagues. We want to make it easier for legitimate and (c) England and Wales. (070503) charities to fundraise responsibly, whilst deterring bogus The Office for National Statistics (ONS) compiles unemployment collectors and preventing nuisance for members of the statistics for local areas from the Annual Population Survey public. Local authorities, trading standards, and the (APS) following International Labour Organisation (ILO) definitions. police already have a range of powers to tackle bogus or Whilst the APS does collect data on graduate unemployment, unlicensed collections and nuisance. no reliable statistics can be produced for Liverpool, Walton constituency or Merseyside due to small sample sizes. Departmental Procurement The latest APS estimates available are for the period January to December 2010. Based on this survey, the number of unemployed Chi Onwurah: To ask the Minister for the Cabinet people in England and Wales whose highest qualification was Office whether his Department has undertaken a degree level or higher was 285,000. comparative analysis of expenditure on procurement National and local area estimates for many labour market statistics, including employment, unemployment and claimant by Government Departments per pound procured. count are available on the NOMIS website at: [69800] http://www.nomisweb.co.uk Mr Maude: To support the Government’s mandate to Microsoft centralise the procurement of common goods and services, the Efficiency and Reform Group in the Cabinet Office Dr Huppert: To ask the Minister for the Cabinet undertook an analysis of procurement spend for the Office what information his Department holds on the 2009-10 financial year. It reviewed spend for specific amounts paid by Government departments to Microsoft procurement categories across central Government in annual licence fees (a) in total and (b) via subcontractors departments, in order to determine if it could be centralised. in each of the last five years. [69629] We will continue to review spend by Departments in categories that are centralised, in order to ensure the Mr Maude: Cabinet Office is unable to release data in optimum supply strategy is in place for central Government. relation to the cost of Microsoft’s annual licence fees. These data are commercially sensitive and are covered Government Departments: Billing by a non-disclosure agreement between Cabinet Office and the supplier. Jeremy Lefroy: To ask the Minister for the Cabinet Office pursuant to the answer of 11 October 2010, National Insurance Contribution Holiday Official Report, column 250W, on Government departments: billing, what progress has been made on Gordon Henderson: To ask the Minister for the Cabinet the publication of departments’ invoice payment Office how many small businesses have been started in performance records on a monthly basis in a single (a) England, (b) Kent and (c) Sittingbourne and location. [69581] Sheppey constituency since the introduction of the National Insurance Contribution holiday. [70117] Mr Maude: On 1 November 2010 the Government reiterated their policy of paying 80% of undisputed Mr Hurd: The information requested falls within the invoices within five days and ensuring that prime contractors responsibility of the UK Statistics Authority. I have paid tier two suppliers within 30 days through use of a asked the authority to reply. contract condition. On 19 July I made further Letter from Stephen Penneck, dated September 2011: announcements to improve payment performance. These As Director General for the Office for National Statistics, I included a requirement for Departments to actively have been asked to reply to your Parliamentary Question asking contract manage the performance of prime contractors, how many small businesses have been started in (a) England, (b) the Crown Representatives encouraging key suppliers Kent and (c) Sittingbourne and Sheppey constituency since the to pay more quickly than in 30 days and encouraging introduction of the National Insurance Contribution holiday. suppliers to report issues of late payment to Cabinet [070117] Office’s Mystery Shopper service. Departments are not The requested information is not available. Annual statistics on required to publish payment data on a central repository, the number of enterprise births are available from the ONS though some Departments choose to publish performance release on Business Demography at: on departmental websites. www.statistics.gov.uk 621W Written Answers7 SEPTEMBER 2011 Written Answers 622W

However, as the contribution holiday specified in the National Vacancies Insurance Contributions Act 2011 relates only to new businesses set up from 22 June 2010 they are not covered by the latest Mr Robinson: To ask the Minister for the Cabinet statistics, which relate to business births in 2009. Statistics relating Office what estimate he has made of the number of job to births of enterprises in 2010 will be available in December vacancies available in (a) England, (b) the west 2011. midlands and (c) Coventry local authority area in each of the last 12 months for which figures are available. [70345] Pensioners Mr Hurd: The information requested falls within the responsibility of the UK Statistics Authority. I have Mr Hepburn: To ask the Minister for the Cabinet asked the authority to reply. Office how many pensioners were resident (a) in Letter from Stephen Penneck, dated September 2011: Jarrow constituency, (b) in South Tyneside, (c) in the As Director General for the Office for National Statistics, I North East and (d) nationwide in each year since 1997. have been asked to reply to your Parliamentary Question asking [70419] what estimate has been made of the number of job vacancies available in (a) England, (b) the West Midlands and (c) Coventry local authority area in each of the last 12 months for which Mr Hurd: The information requested falls within the figures are available. (070345) responsibility of the UK Statistics Authority. I have Estimates of the number of vacancies for the UK are derived asked the authority to reply. from the ONS Vacancy Survey. However, information on job vacancies below a UK level is only available from Jobcentre Plus. Letter from Stephen Penneck: This data only includes job vacancies notified to Jobcentre Plus As Director General for the Office for National Statistics, I and consequently is inconsistent with the UK estimates from the have been asked to reply to your Parliamentary Question asking Vacancy Survey. Currently Jobcentre Plus vacancies account for how many pensioners were resident in (a) Jarrow constituency, (b) around half of the total number of vacancies as reported by the South Tyneside, (c) in the North East and (d) nationwide in each Vacancy Survey. year since 1997. (70419) In Table 1, we have provided the number of live unfilled Jobcentre Plus vacancies for each of the latest 12 months for The attached table shows the number of people of state which figures are available for Coventry, the West Midlands and retirement age resident in the specified areas for each year from England. mid-1997 to mid-2010. This is the latest year for which population National and local area estimates for many labour market estimates are available. statistics, including employment, unemployment and claimant People of pensionable age for selected areas in United Kingdom mid- count are available on the NOMIS website at: 1 1997 to mid-2010 http://www.nomisweb.co.uk Thousand Table 1: Number of live unfilled Jobcentre Plus vacancies. July 2010 to United South July 20111 Kingdom North East Tyneside Jarrow2 Date Coventry West midlands England 1997 10,673.2 481.3 31.6 3— 2010 1998 10,716.6 482.7 31.5 3— 1999 10,745.1 483.7 31.4 3— July 2,524 34,463 248,642 2000 10,788.3 485.3 31.3 3— August 2,397 32,678 246,434 1— 1— 1— 2001 10,845.2 487 31.4 3— September 2002 10,915.4 488.8 31.4 17.0 October 3,271 39,908 286,526 2003 11,012 491.7 31.3 17.0 November 3,483 39,483 288,108 2004 11,117.7 494.4 31.3 17.1 December 2,774 32,751 238,265 2005 11,232 497.7 31.2 17.0 2006 11,343.8 500.8 31.2 17.0 2011 2007 11,562.6 508.8 31.4 17.2 January 2,651 26,897 202,861 2008 11,794.2 516.7 31.6 17.3 February 2,122 28,414 230,129 2009 12,006.9 524.1 31.9 17.5 March 2,122 29,334 214,061 2010 12,171.2 530.7 32 3— April 1,846 33,507 224,392 1 Pensionable age for mid-1997 to mid-2009 is defined as 65 and over May. 1,810 27,428 201,205 for men and 60 and over for women. For mid-2010 pensionable age is June 1,891 30,536 226,460 defined as 65 and over for men and 60 years 57 days and over for July 2,057 32,699 233,301 women. 1 2 Boundaries are those that came into effect at the May 2010 general Data for September 2010 are not currently available. election. Source: 3 Data unavailable. Jobcentre Plus Administrative System Source: Office for National Statistics, National Records of Scotland, Northern [Continued in Column 623W] Ireland Statistics and Research Agency. ORAL ANSWERS

Wednesday 7 September 2011

Col. No. Col. No. CABINET OFFICE...... 339 CABINET OFFICE—continued Big Society Bank...... 339 Public Disorder (Financial Cost) ...... 344 Civil Service (Voluntary Severance)...... 343 Topical Questions ...... 346 Efficiency and Reform Group ...... 342 Government Contracts...... 340 National Citizen Service...... 345 PRIME MINISTER ...... 348 Public Bodies Bill...... 341 Engagements...... 348 WRITTEN MINISTERIAL STATEMENTS

Wednesday 7 September 2011

Col. No. Col. No. COMMUNITIES AND LOCAL GOVERNMENT.. 19WS FOREIGN AND COMMONWEALTH OFFICE— Permitted Development Rights ...... 19WS continued British Embassy (Côte d’Ivorie)...... 22WS ENERGY AND CLIMATE CHANGE ...... 19WS Sudan and South Sudan...... 23WS Parliamentary Oral Question (Correction)...... 19WS TREASURY ...... 19WS ENVIRONMENT, FOOD AND RURAL Double Taxation Convention (United Kingdom AFFAIRS...... 20WS and Republic of Hungary) ...... 19WS Biodiversity Strategy for England 2011-2020 ...... 20WS WORK AND PENSIONS ...... 26WS FOREIGN AND COMMONWEALTH OFFICE..... 21WS Welfare Reform Bill (Employment and Support Afghanistan ...... 21WS Allowance)...... 26WS PETITIONS

Wednesday 7 September 2011

Col. No. Col. No. COMMUNITIES AND LOCAL GOVERNMENT.. 11P JUSTICE...... 12P Redevelopment of Rushden Hospital Site...... 11P Sentences for causing death by dangerous driving.. 12P WRITTEN ANSWERS

Tuesday 6 September 2011—[Continued.]

Col. No. Col. No. BUSINESS, INNOVATION AND SKILLS ...... 599W BUSINESS, INNOVATION AND SKILLS—continued Adult Education: Greater London...... 599W UK Trade and Investment...... 609W Apprentices: Chatham ...... 600W York College: Finance...... 610W Apprentices: North East ...... 601W Copyright...... 601W CABINET OFFICE...... 429W Departmental Labour Turnover...... 602W British National (overseas)...... 429W Departmental Work Experience...... 602W Civil Service: Manpower ...... 430W Economic and Monetary Union: Payments ...... 602W Departmental Carbon Emissions ...... 430W Electricians: Females...... 603W Departmental Procurement...... 430W Electronic Equipment: Waste Disposal ...... 603W Departmental Telephone Services ...... 430W Employment: Overseas Investment ...... 603W Green Investment Bank ...... 431W EU Internal Trade...... 604W Prostate Cancer: Ethnic Groups...... 431W Further Education: Offenders ...... 604W UK National Accounts: Natural Capital ...... 434W Green Investment Bank ...... 605W Higher Education: Admissions ...... 605W COMMUNITIES AND LOCAL GOVERNMENT.. 479W Higher Education: Leicestershire ...... 606W British Sky Broadcasting...... 479W Intellectual Property ...... 606W Council Tax ...... 479W Overseas Students: EU Nationals ...... 607W Council Tax: Green Deal Scheme...... 480W Students: Loans ...... 607W Council Tax: Halifax...... 481W Supermarkets: Competition ...... 608W Departmental Advertising...... 481W Third Sector...... 608W Departmental Air Travel ...... 481W Trade Agreements ...... 608W Departmental Lost Property ...... 482W Trade: EU Countries...... 609W Departmental Procurement...... 482W Col. No. Col. No. COMMUNITIES AND LOCAL GOVERNMENT— CULTURE, MEDIA AND SPORT—continued continued Prime Minister ...... 423W Departmental Rail Travel...... 482W Rugby: World Cup ...... 423W Departmental Travel ...... 483W Sports: Finance...... 424W Departmental Work Experience...... 483W Treasure Trove: Coroners ...... 424W Disability Aids ...... 483W Treasure Trove: Oxfordshire...... 424W Disability Facilities Grant ...... 484W Fire Services...... 484W CULTURE, MEDIA AND SPORT ...... 425W Government Procurement Card ...... 484W Gambling...... 425W Hotels ...... 486W Museums and Galleries...... 425W Housing: Licensing ...... 486W Olympic Games 2012 ...... 425W Land ...... 487W Olympic Games 2012: Bexley...... 426W Local Government: Debts...... 488W Olympic Games 2012: Leicester ...... 427W Local Government Finance ...... 487W S4C ...... 428W Mass Media ...... 488W Metals: Theft ...... 489W DEFENCE...... 544W Minister for Cities...... 489W Afghanistan: Peacekeeping Operations ...... 544W Non-domestic Rates...... 489W Air Force: Military Bases ...... 545W Non-domestic Rates: Sunderland...... 493W Armed Forces: Deployment ...... 545W Office of Government Commerce ...... 493W Astute Class Submarines...... 546W Planning: Methane...... 494W Defence Equipment and Support: Recruitment ..... 546W Private Rented Housing ...... 494W Departmental Alcoholic Drinks...... 546W Travellers: Caravan Sites ...... 495W Departmental Assets...... 547W Warwickshire County Council ...... 495W Departmental Freedom of Information ...... 547W Written Questions: Government Responses ...... 496W Departmental Manpower...... 548W Departmental Official Cars...... 548W CULTURE, MEDIA AND SPORT ...... 403W Departmental Procurement...... 549W Arts...... 403W Departmental Regulation...... 551W British Sky Broadcasting: News Corporation...... 403W Departmental Work Experience...... 551W Broadband ...... 404W European Defence Agency: Manpower...... 552W Broadband: Finance ...... 404W European Fighter Aircraft ...... 552W Broadcasting: Welsh Language ...... 404W Ex-servicemen: Identity Cards ...... 553W Communications Bill ...... 404W Ex-servicemen: Military Decorations...... 553W Creative Industries Council...... 405W Ex-servicemen: Northern Ireland...... 554W Cultural Education Review ...... 405W Ex-servicemen: Sleeping Rough ...... 554W Departmental Advertising...... 405W Medals ...... 554W Departmental Air Travel ...... 406W Military Aircraft: Helicopters ...... 555W Departmental Billing ...... 406W Military Aircrafts...... 556W Departmental Consultants...... 406W Military Aircrafts: Farmers...... 555W Departmental Correspondence ...... 408W Military Bases: Security ...... 557W Departmental Ministerial Policy Advisers...... 408W Strategic Defence and Security Review ...... 557W Departmental Mobile Phones ...... 408W Trident ...... 558W Departmental Official Cars...... 408W Departmental Official Hospitality...... 409W EDUCATION...... 592W Departmental Procurement...... 409W Academies...... 592W Departmental Rail Travel...... 411W Academies: First Aid ...... 592W Departmental Stationery...... 412W Building Schools for the Future Programme ...... 593W Departmental Training ...... 412W Education: Assessments ...... 593W Departmental Visits Abroad ...... 413W Food Technology ...... 593W Departmental Work Experience...... 413W Free School Meals...... 594W Diamond Jubilee 2012: Medals ...... 414W Free School Meals: Tower Hamlets...... 594W Football: Public Participation ...... 414W Health Education: Sex ...... 595W Football: VAT ...... 414W Outdoor Education...... 595W Government Art Collection ...... 414W Pupils: Disadvantaged...... 595W Government Procurement Card ...... 415W School Milk ...... 596W Hospitality...... 415W Schools: Standards...... 596W Hotels ...... 415W Sixth Form Education: Sunderland...... 596W Internet: Suicide...... 415W Special Educational Needs...... 597W Local Broadcasting: Television ...... 416W Special Educational Needs: Employment...... 597W Mass Media ...... 416W Special Educational Needs: Pendle ...... 598W Mobile Phones: Fees and Charges...... 416W Supply Teachers ...... 598W National Lottery: Scotland ...... 417W Newspaper Press ...... 417W ENERGY AND CLIMATE CHANGE...... 496W Olympic Games 2012 ...... 417W Biofuels...... 496W Olympic Games 2012: Employment ...... 418W British Coal Utilisation Research Association...... 497W Olympic Games 2012: Facilities ...... 420W Carbon Emissions...... 497W Olympic Games 2012: Hertfordshire...... 421W Climate Change: Finance...... 498W Olympic Games 2012: Housing...... 422W Combined Heat and Power: Carbon Emissions...... 498W Olympic Games 2012: Tickets...... 422W Departmental Manpower...... 499W Phone Hacking Inquiry...... 423W Departmental Procurement...... 499W Press Complaints Commission...... 423W Departmental Telephone Services ...... 501W Col. No. Col. No. ENERGY AND CLIMATE CHANGE—continued HEALTH—continued Departmental Work Experience...... 503W Dental Services: North West ...... 563W Devolution...... 503W Departmental Correspondence ...... 564W Electricity...... 504W Departmental Disclosure of Information...... 564W Electricity: Competition...... 508W Departmental Information Officers ...... 564W Electricity Generation...... 505W Departmental Telephone Services ...... 565W Electricity: Theft ...... 508W Departmental Visits Abroad ...... 565W Energy...... 508W Departmental Work Experience...... 565W Energy: Billing ...... 511W Dermatology: General Practitioners ...... 566W Energy: Competition...... 512W Disability: Children...... 567W Energy: Conservation...... 512W Doctors...... 568W Energy: EU Internal Trade...... 512W Electromagnetic Fields: Health Hazards ...... 568W Energy: Finance ...... 513W Fats: Health Hazards ...... 568W Energy: International Cooperation ...... 514W General Practitioners ...... 568W Energy Performance Certificates...... 509W General Practitioners: Domestic Violence...... 571W Energy Supply...... 510W Health: Information...... 573W Energy Supply: Fees and Charges ...... 511W Health Professions: Greater London...... 571W Energy: Wales ...... 514W Health Professions: Regulation ...... 571W Environment Protection: Business...... 514W Health Services: Foreign Nationals ...... 572W Gas Fired Power Stations...... 515W Health Services: North Yorkshire...... 573W Green Deal Scheme...... 515W Health: Yorkshire and the Humber ...... 574W Local Energy Partnerships ...... 516W HIV Infection: Tower Hamlets...... 575W Nuclear Power...... 516W IVF: Finance...... 575W Offshore Transmission Coordination Group...... 516W Learning Disability: Medical Equipment ...... 576W Power Stations ...... 517W Leukaemia: Drugs ...... 578W Renewable Energy...... 517W Mass Media ...... 578W Renewable Energy: Electricity...... 517W Medical Treatments...... 578W Renewable Energy: Feed-in Tariffs...... 518W Meningitis: Vaccination ...... 579W Renewable Energy: Finance ...... 519W Meningitis: Vaccination ...... 580W Renewable Energy: Government Assistance...... 520W Mental Health Services ...... 581W Renewables Obligation...... 521W NHS: Drugs...... 581W Solar Power: China ...... 521W NHS Foundation Trusts: Private Patients ...... 581W Water Power...... 522W NHS: Reorganisation...... 582W Wave Power...... 523W NHS: Theft ...... 582W Wind Power ...... 524W Obesity...... 582W Obesity : North Yorkshire...... 583W FOREIGN AND COMMONWEALTH OFFICE..... 445W Obesity Management Association...... 583W Afghanistan: Police ...... 445W Palliative Care...... 583W Anguilla: Public Appointments...... 445W Patients: Nutrition ...... 584W Bahrain: Politics and Government ...... 446W Pressure Sores ...... 585W Bosnia and Herzegovina: Politics and Primary Care Trusts: Finance ...... 585W Government...... 446W Psychiatry ...... 585W China: Human Rights...... 448W Radiotherapy ...... 586W Colombia: Human Rights...... 448W Smoking...... 587W Council of Europe: Costs...... 448W Specialised Services Patient and Public Cyprus ...... 449W Engagement Steering Group...... 587W Democratic Republic of Congo: Elections ...... 450W Suicide: Internet...... 589W Departmental Procurement...... 450W Surgery...... 589W Departmental Work Experience...... 450W Surgery: Safety...... 589W EU Common Foreign and Security Policy ...... 451W Tobacco ...... 590W European Union ...... 451W Warwickshire Primary Care Trust...... 591W Export Controls ...... 451W Goran Hadzic ...... 452W HOME DEPARTMENT...... 524W India: Terrorism...... 452W Animal Welfare ...... 525W Libya: Overseas Students ...... 453W Antisocial Behaviour...... 526W United Arab Emirates: British Nationals Abroad .. 453W Antisocial Behaviour: Crime Prevention ...... 527W United Nations: Finance...... 456W Civil Disorder ...... 527W Venezuela: Human Rights...... 456W Crime...... 529W Crossbows...... 532W HEALTH...... 558W Departmental Compensation...... 532W Abortion ...... 558W Departmental Procurement...... 532W Alcoholic Drinks: Misuse...... 558W Departmental Telephone Services ...... 532W Alcoholic Drinks: Yorkshire and the Humber...... 560W Departmental Work Experience...... 534W Ambulance Services ...... 561W Deportation ...... 535W Autism: Health Services ...... 561W Detention Centres...... 535W Autism: Training ...... 561W Drugs: Ion Spectrometry Technology ...... 538W Cancer: Drugs...... 562W European Union ...... 538W Care Homes: Prescription Drugs ...... 562W Europol...... 539W Carers: Young People...... 562W Forensic Science Service...... 539W Dementia ...... 563W Government Authorised Exchange Medical Dental Services ...... 563W Training Initiative ...... 539W Col. No. Col. No. HOME DEPARTMENT—continued TRANSPORT—continued Larne House Residential Detention Facility ...... 540W Airports: Railways ...... 440W Legal Aid Scheme: Reform ...... 540W Aviation ...... 440W Licensing...... 540W Aviation: Working Hours...... 441W Licensing laws ...... 541W High Speed 2 Railway Line ...... 441W Members: Correspondence ...... 541W M6: Noise ...... 441W North Yorkshire Police...... 542W Maritime Labour Convention ...... 442W Parliament Square...... 541W Motor Vehicles: Testing ...... 442W Police ...... 541W Motorways: Ragwort ...... 442W Police: Ealing ...... 542W Northern Rail ...... 443W Police: Ports ...... 543W Railways: North West ...... 443W Speed Limits: Cameras...... 543W Rescue Services ...... 443W Telephone Tapping...... 543W Rolling Stock: Greater Manchester...... 444W Theft: Metals ...... 543W Thameslink Railway Line...... 444W UK Border Agency Worker Scheme...... 524W Written Questions: Government Responses ...... 444W Warwickshire Police Authority...... 544W Written Questions: Government Responses ...... 544W WOMEN AND EQUALITIES...... 599W Workplace Dress Codes ...... 599W NORTHERN IRELAND ...... 429W Departmental Work Experience...... 429W WORK AND PENSIONS ...... 457W Pat Finucane ...... 429W Absent Parents...... 457W Victim Support Schemes ...... 429W Access to Work Programme ...... 457W Access to Work Programme: Visual Impairment.... 458W SCOTLAND...... 434W Children: Maintenance ...... 460W Air Force: Military Bases ...... 434W Council Tax ...... 461W Banks...... 434W Crisis Loans ...... 462W Banks: Pay ...... 435W Departmental Foreign Workers...... 463W Child Benefit...... 435W Departmental Procurement...... 463W Children: Poverty ...... 435W Departmental Work Experience...... 463W Conditions of Employment...... 435W Disability Living Allowance: Care Homes ...... 464W Departmental Air Travel ...... 436W Disability Living Allowance: St Helens ...... 464W Departmental Correspondence ...... 436W Disability Living Allowance: Visual Impairment ... 465W Departmental Responsibilities ...... 436W Employment and Support Allowance ...... 465W Disability ...... 436W Incapacity Benefits...... 466W Energy Supply...... 436W Industrial Health and Safety...... 467W Fuel Poverty...... 437W Jobcentre Plus: Vacancies...... 468W Green Investment Bank ...... 437W Jobseeker’s Allowance...... 468W Housing Benefit ...... 437W Jobseeker’s Allowance: Lone Parents ...... 468W Human Trafficking: Children...... 437W Pensioners: Poverty ...... 469W Insolvency...... 438W Personal Independence Payment...... 469W Shipbuilding...... 438W Personal Independence Payment: Visual Unemployment ...... 438W Impairment...... 470W Remploy...... 471W TRANSPORT ...... 439W Social Security Benefits: Disability...... 472W A1: Road Signs and Markings ...... 439W Universal Credit...... 477W Airlines: Competition...... 439W Work Capability Assessments ...... 477W WRITTEN ANSWERS

Wednesday 7 September 2011

Col. No. Col. No. CABINET OFFICE...... 616W CULTURE, MEDIA AND SPORT—continued Admiralty Arch: Admiralty House ...... 618W Libraries ...... 614W Cancer: Mortality Rates...... 618W Listed Places of Worship Grant Scheme: Repairs Charity Street Collectors...... 619W and Maintenance ...... 615W Departmental Procurement...... 619W Neil Wallis ...... 615W Government Data: Public Access...... 617W News Corporation ...... 615W Government Departments: Billing ...... 619W Radio Frequencies ...... 616W Government Software Procurement ...... 617W Graduates: Unemployment...... 620W DEPUTY PRIME MINISTER ...... 611W Key Data: Publication...... 616W Departmental Air Travel ...... 611W Microsoft ...... 620W National Insurance Contribution Holiday ...... 620W Pension Reform...... 617W NORTHERN IRELAND ...... 611W Pensioners...... 621W Departmental Procurement...... 611W Vacancies ...... 622W PRIME MINISTER...... 611W CULTURE, MEDIA AND SPORT ...... 614W Abdelbaset Al-Megrahi...... 611W Football: Females...... 614W Departmental Lost Property ...... 611W Col. No. Col. No. SCOTLAND...... 612W SCOTLAND—continued Air Force...... 612W Departmental Work Experience...... 613W Departmental Consultants...... 612W Fuel Poverty...... 613W Departmental Correspondence ...... 612W Green Investment Bank ...... 613W Departmental Procurement...... 613W Jobseeker’s Allowance: Females...... 614W 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, nor can corrections be made in the Weekly Edition. 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,

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CONTENTS

Wednesday 7 September 2011

Oral Answers to Questions [Col. 339] [see index inside back page] Minister for the Cabinet Office Prime Minister

European Union Act 2011 (Amendment) [Col. 359] Bill presented, and read the First time

Magna Carta Anniversary (Bank Holiday) [Col. 360] Motion for leave to bring in Bill—(Mrs Laing)—agreed to Bill presented, and read the First time

Health and Social Care (Re-committed) Bill [Col. 362] As amended, further considered; read the Third time and passed

Access to a Lawyer [Col. 502] Motion—Mr Djanogly); Division deferred till Wednesday 14 September

Petition [Col. 517]

Future of the BBC [Col. 518] Debate on motion for Adjournment

Westminster Hall Disabled Young People (Support) [Col. 71WH] Judicial Scorecards [Col. 93WH] Coeliac Disease [Col. 101WH] Wind Farm Development (Sedgefield) [Col. 125WH] European Institutions [Col. 134WH] Debates on motion for Adjournment

Written Ministerial Statements [Col. 19WS]

Petitions [Col. 11P] Observations

Written Answers to Questions [Col. 403W] [see index inside back page]