Monday Volume 568 14 October 2013 No. 54

HOUSE OF COMMONS OFFICIAL REPORT

PARLIAMENTARY DEBATES (HANSARD)

Monday 14 October 2013

£5·00 © Parliamentary Copyright House of Commons 2013 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 415 14 OCTOBER 2013 416

18 to 24-year-olds on jobseeker’s allowance has fallen House of Commons for 15 consecutive months. It is now 60,000 less than in May 2010. Youth unemployment is down from the Monday 14 October 2013 numbers we inherited from Labour, and the number of young people not in education, employment or training is at its lowest for a decade. The House met at half-past Two o’clock Dame Anne Begg (Aberdeen South) (Lab): But for PRAYERS one group of people—those who have health problems or a disability—the numbers are truly dreadful. What will the Government do to change their approach so [MR SPEAKER in the Chair] that that group of people is not left behind?

Esther McVey: For the first time in history, we are dealing with the people the hon. Lady—the Chair of Oral Answers to Questions the Select Committee on Work and Pensions—is talking about. Labour Members shake their heads, but I am afraid that they abandoned those 1.4 million people; WORK AND PENSIONS we are supporting them. Of those on the Work programme, more than 380,000 are in work, and 168,000 have found lasting work. Ninety per cent. of The Secretary of State was asked— those have been in employment for nine months or more. We are working on and dealing with that matter, Work Programme but Labour abandoned it.

1. Andy McDonald (Middlesbrough) (Lab): What Stephen Timms (East Ham) (Lab): I welcome the recent assessment he has made of the performance of Minister to her new brief, and the Minister of State, the Work programme. [900433] Department for Work and Pensions, the hon. Member for Hemel Hempstead (Mike Penning), to his. The Minister of State, Department for Work and Pensions (Esther McVey): First, I am pleased to inform the The invitation to tender for the Work programme House that the Work programme is working, and said that, if there was no programme at all, 15% of that its performance has significantly improved since people on employment and support allowance, to whom being launched in June 2011. By the end of June 2012, my hon. Friend the Member for Aberdeen South (Dame 24,000 people had found lasting work. By June 2013, Anne Begg) has just referred, would be in a sustained there had been a dramatic increase to 168,000. I should job outcome within two years. With the Work programme, like to put on the record that credit must go to my the number has been about one third of that. Surely predecessor, my hon. Friend the Member for Fareham that underperformance is unacceptable. (Mr Hoban), for his rigorous and meticulous work, which brought about that dramatic increase. Esther McVey: That is not true at all. We have reached out and supported people who were never supported Andy McDonald: Of the 10 worst constituencies for under the Labour Government. Equally, I would like to longer-term unemployment, seven have seen the number separate those on JSA, who have exceeded targets, and of people out of work for more than 12 months increase, those on ESA who must move closer to the workplace, and that includes my own town of Middlesbrough. Why which is what we are statutorily obliged to do, but not are the Minister’s policies failing so badly among the to put them in a job. We are doing that. Because of that, people and in the places that most need help? we are looking at the programme as a whole and putting further support in for those people. It is successful Esther McVey: I am pleased to inform the hon. and, as I have said, Labour failed to do it. Gentleman that, actually, despite the picture he portrays, work is improving. There have been significant job Stephen Timms: The Minister should ask her civil outcomes across the country—they are up 1 million—and servants about pathways to work. the claimant count is down. Inactivity is at record low levels and the number of households where someone is In his spending review on 26 June, the Chancellor of in work is higher now under this Government than it the Exchequer called on the Secretary of State to make was in any year under the previous Labour Government. a hard-headed assessment of underperforming programmes in his Department. What progress is there with the Andrew Bridgen (North West Leicestershire) (Con): hard-headed assessment of the Work programme? Can my hon. Friend confirm that tackling youth unemployment is a major priority for the Government, Esther McVey: The Work programme is not an and that young people—18 to 24-year-olds—have benefited underperforming programme: 60% of people are off from the Work programme, with more than 100,000 benefits. We continue to modify and improve it, which is finding some sort of work through it? Does she agree only right. We have set up a best practice committee that the Work programme is working? so that people can get even better. There is no underperformance. We are proud of the record. I will Esther McVey: I agree with my hon. Friend that the tell the right hon. Gentleman one thing: those people Work programme is working. In particular, let us look who have got jobs, whom he dismisses so discourteously, at the figures for youth unemployment. The number of are very proud of what we have done. 417 Oral Answers14 OCTOBER 2013 Oral Answers 418

Under-occupancy Penalty Meg Hillier (Hackney South and Shoreditch) (Lab/ Co-op): How can the Secretary of State continue to 2. Alec Shelbrooke (Elmet and Rothwell) (Con): What defend the bedroom tax when there are not enough recent discussions he has had with representatives of smaller properties for people to move into, even if it the UN on the under-occupancy penalty. [900434] were the right thing to do? Mr Duncan Smith: I keep reminding the Opposition— The Secretary of State for Work and Pensions (Mr Iain and this may be the real reason why they got in such a Duncan Smith): Strangely, I was not asked to discuss the mess over the economy—that a subsidy is not a tax. removal of the spare room subsidy, or any other matter, They need to understand that a tax is something that with the UN representative. the Government take away from people, but this is money that the taxpayers have given to people to subsidise Alec Shelbrooke: Does my right hon. Friend share my them to have spare rooms. We simply cannot go on like concern that the UN housing expert made no reference that. I remind the hon. Lady that the Government she to the 250,000 households living in overcrowded was a member of nearly doubled the housing benefit accommodation or the efforts that the Government are bill in the 10 years they were in power, and that is why making to bring fairness and respect to the welfare we have to take action. system after the mess that lot left it in? Robert Halfon (Harlow) (Con): Is my hon. Friend Mr Duncan Smith: Mrs Rolnik from the UN appeared aware that there are 4,000 people in Harlow on the over here, seemingly at the invitation of those opposed council house waiting list, many of whom are not on to all our policies, the Labour, or welfare, party included. benefits? Does he agree that the single room supplement I was interested in the notes that came back from the will free up housing so that some of those people can UN after she left. Some of the officials said, get the housing that they rightly deserve? “who is that strange woman; why is she talking about bedrooms and why on earth do we have a UN Housing Rapporteur.” Mr Duncan Smith: I agree with my hon. Friend. The My thoughts entirely. coalition is concerned about people who have to live in overcrowded accommodation. Never do we hear one Mr Nick Raynsford (Greenwich and Woolwich) (Lab): single comment from the welfare party about people The statement from the United Nations not only reveals living desperately in the overcrowded accommodation that Mrs Rolnik visited the Department for Communities that they left them in. and Local Government, the Department for Work and Pensions, the Department for Environment, Food Chris Bryant (Rhondda) (Lab): The Secretary of State and Rural Affairs, the Ministry of Justice, the Homes is so out of touch he is even out of touch with his own and Community Agency and Manchester city council, Minister, Lloyd Freud—[HON.MEMBERS: “Lloyd?”] Lord but gives a statement of housing need in this country to Freud. It was a Freudian slip. which most serious commentators would wholly subscribe. Last week, Lord Freud admitted that there are not Will the Secretary of State now stop his delusional enough one-bedroom properties in this country. How approach to a scheme that cannot work because there is would the Secretary of State describe a Government an inadequate supply of smaller accommodation for who tell the poorest in the land that they have to move people to move into? into a one-bedroom property or pay a substantial penalty when they know that there are not enough one-bedroom Mr Duncan Smith: It was the right hon. Gentleman’s properties? Is that perniciously cruel or utterly incompetent? Government who left office with the lowest level of house building since the 1920s—[Interruption.] It is Mr Duncan Smith: I am not closely associated with higher now than it was under them—nearly 1.8 million Lloyd George, but I am always ready to read what he on waiting lists in England and 250,000 tenants in has to say. I welcome the hon. Gentleman to his post, overcrowded accommodation. The Opposition never but he is completely wrong. My noble Friend Lord talk about that. Never do we hear them say they were Freud chastised housing associations and others for sorry for the overcrowded mess they left behind them. continuing to build houses that are not required when Instead of little gimmicks with people from Brazil, they there is a demand for single bedroom accommodation. would be better off apologising for the mess they left us Chris Bryant: He didn’t. in in the first place. Mr Duncan Smith: He did. I know he said it, because Mr Julian Brazier (Canterbury) (Con): I commend I read it. my right hon. Friend’s robust approach. Does he agree that it cannot be part of any responsible welfare system New Enterprise Allowance to support people in accommodation of a size that they do not need when so many families have no proper 3. Lorraine Fullbrook (South Ribble) (Con): What accommodation at all? assessment he has made of the effect of the expansion of the new enterprise allowance on young entrepreneurs. Mr Duncan Smith: I agree with my hon. Friend. It is [900435] also worth reminding the Opposition that they introduced a policy for social tenants in the private sector that does 7. Stephen Mosley (City of Chester) (Con): What not allow housing benefit recipients to have spare rooms. assessment he has made of the effect of the expansion So they are being hypocritical in saying that they are of the new enterprise allowance on young entrepreneurs. against one and in favour of the other. [900439] 419 Oral Answers14 OCTOBER 2013 Oral Answers 420

The Secretary of State for Work and Pensions (Mr Iain later on, and 4,800 with disabilities who would have Duncan Smith): The new enterprise allowance offers been written off under the old scheme, have now started support for people of all ages who want to start a a business. business—to date, more than 1,700 young people have done so. We now have an additional 60,000 mentoring Kerry McCarthy (Bristol East) (Lab): Will the Secretary places available, so many more will be helped in the of State look at the problems people are having in future. This is a very successful programme. making the transition from jobseeker’s allowance to the new enterprise allowance regime, particularly with regard Lorraine Fullbrook: My constituent Paul Williams to housing benefit? A constituent, who is keen to set up recently received help from the new enterprise allowance his own business, came to see me the other day, but to start up his business, Choc Amor. He has twice immediately found that his housing benefit had been moved to larger premises, has recently opened a new tea stopped. He is of course still entitled to it in the early room and now employs nine people. Does my right hon. stages of claiming NEA. Friend agree that Paul Williams is a great example of why we should extend the scheme further, so that other Mr Duncan Smith: I am grateful to the hon. Lady for hard-working people with drive and determination can raising the issue and I will definitely have it looked into get on in life, start a business and support our recovering immediately. It is meant to flow easily. If there is a economy? misunderstanding, or people do not know what it is, we must take that on and ensure that they do.

Mr Duncan Smith: My hon. Friend is absolutely 25. [900457] Stephen Metcalfe (South Basildon and right. The example she gives is one of many that prove East Thurrock) (Con): As Essex has a long and rich the programme is working. The scheme was due to end tradition of enterprise and entrepreneurial endeavour, in September 2013, but now, as a result of its success, I thank the Government for introducing the scheme to referrals will extend to 2014. More than 54,000 have support the next generation of business leaders in taken up the mentoring offer and there is an extra Basildon and Thurrock. Will the Secretary of State tell £35 million for an additional 60,000 mentoring places. I the House how many businesses have been started with hope my hon. Friend, and all hon. Members, will ensure the support of the allowance in Essex, preferably in that many more people know about the scheme and south Essex? have the same opportunity as her constituent. Mr Duncan Smith: I will get back to my hon. Friend Stephen Mosley: Last month, I organised a small about the more specific details, if he wants. About business fair in Chester. We had the support of the local 26,000 new businesses have started already and the provider, Blue Orchid, which seems to be doing an target is to get 40,000 going by December 2013. There excellent job of helping people to start businesses in are about 2,000 start-ups every single month under this Cheshire. There are a large number of providers across scheme. Out of the first 3,000 people on it, 85% are still the country. What assessment has my right hon. Friend off benefit a year later. That is a successful scheme. made of their effectiveness? Mr Barry Sheerman (Huddersfield) (Lab/Co-op): Is Mr Duncan Smith: For the most part they provide a the Secretary of State aware that many Labour Members good service to all constituents and have been successful support this measure, but we are careful about ensuring in all parts of the country. They operate within Jobcentre that the quality of mentoring is good, that the evaluation Plus districts and are monitored locally. If there are of the likelihood of success be built on initiatives such concerns, they are raised with the Jobcentre Plus. Their as the new scheme of Hertfordshire university and that monthly management information flow gives us a very the scheme leads to long-term sustainable businesses? good overview of the scheme. In the north-west, my hon. Friend’s region, 8,000 have started working with a Mr Duncan Smith: As the hon. Gentleman knows, I mentor and 4,420 have started claiming the weekly have great deal of respect for him, and he is right that allowance—a big success. much depends on the quality of the mentoring; we are doing our level best to make sure that it is as good it could possibly be. If he has any suggestions about how Bill Esterson (Sefton Central) (Lab): Most businesses to improve it further, the door is open and I am always do not survive beyond the first year, and failing generally happy to see him and discuss them with him. I would leaves their owners significantly out of pocket. Would it revisit any project he would like to nominate if he not be better to concentrate on boosting the economy wanted us to look at any difficulties and I would consider to create jobs for young people, rather than recommending looking at any improvements that might be worth making. self-employment which, sadly, may make matters worse for the vast majority? 22. [900454] Jeremy Lefroy (Stafford) (Con): I welcome the extension of this excellent scheme to 2014. What Mr Duncan Smith: I am sorry to hear the hon. discussions has my right hon. Friend had with the Gentleman cavil about this programme. The reality is Chancellor about extending it further, should it continue that the two are not mutually exclusive. For those who to be successful? have a good idea and want to start a business, the scheme provides an opportunity that otherwise would Mr Duncan Smith: The Chancellor and I of course not be there. I remind him that approximately 1,800 discuss these matters quite regularly, and the reality is 18 to 24-year-olds, 18,000 25 to 49-year-olds, 6,000 aged that he is very interested in this scheme. The truth is that 50-plus, who may well have had difficulty getting a job a successful economy relies on new business start-ups. 421 Oral Answers14 OCTOBER 2013 Oral Answers 422

This plays exactly into the right arena. In comparison skilling. The Work programme is able to do that in a with competitors all over the world, new business start-ups more intense way than Jobcentre Plus is, so it should and new businesses are providing the way for us to be provide enormous help. The reality is that the benefit successful. I am sure that the Chancellor will readily cap is enormously popular, which may account for why take my hon. Friend’s suggestions. the welfare party opposite has come and gone on this issue from the beginning. First, Labour Members say Atos Healthcare (Occupational Health Assessments) they are opposed to it; then they say they are for it: we have no idea what they will do about it. 5. Mrs Emma Lewell-Buck (South Shields) (Lab): What assessment he has made of the performance of Glenda Jackson (Hampstead and Kilburn) (Lab): A Atos Healthcare in delivering occupational health new report by the New Policy Institute and Trust for assessments. [900437] London shows that 57% of working-age adults and children living in poverty in London are in households The Minister of State, Department for Work and Pensions that work. That work is almost inevitably low paid and (Mike Penning): In the last week, I have looked carefully increasingly part time. Will the Secretary of State drop at the key performance indicators for delivery times, this mantra of making work pay and begin perhaps to which have been met or exceeded. In the last 12 months, discuss with his colleagues the possibility of encouraging they have gone from 93% to the contracted target of a living wage? 97%. Mr Duncan Smith: I am always very willing to discuss Mrs Lewell-Buck: Last year, my constituent Alan issues relating to the living wage with the hon. Lady or Johnson, a dedicated paramedic, was diagnosed with with anyone else. However, I hope that when the hon. chronic fatigue syndrome. At 55 years of age, he was Lady talks to her constituents she is honest enough to advised to retire early. Atos went on to ignore the advice tell them that the reason they find themselves in so of his GP and his specialist, refused him a medical and much difficulty is that the last Government made such a told him that he had not had the condition long enough mess of the economy, and caused so many people to to qualify, and then forced him to return to work. Will collapse into low incomes and very poor jobs. It was the the Minister meet me to discuss this appalling case so Labour party that caused that. We are changing it, and that Mr Johnson can receive the pension he is due? restoring the previous position.

Mike Penning: Of course I will meet the hon. Lady, Mr David Ruffley (Bury St Edmunds) (Con): The but there is an appeals process, and I suggest her constituent European Commission said this morning that more goes through that full process—in case he has not—before than 600,000 EU migrants live in this country without we meet, as we do not want jeopardise an appeal in any working. Does my right hon. Friend agree that we could way. This was a problem we inherited from the previous cap the benefits paid to those individuals by introducing Administration. Occupational health assessments were a more stringent residence requirement, and by insisting set up under Atos in 2008; it was not great, but we are that they have a longer social security contribution working hard to sort it out. record?

Benefit Cap Mr Duncan Smith: I have not read the report in any detail, but I do know that the 600,000 figure does not 6. Margot James (Stourbridge) (Con): What assessment necessarily refer to people of working age who could be he has made of the effectiveness of the benefit cap in working. There is a big question mark over the number encouraging people back to work. [900438] of people to whom it relates. I do not want to find myself in the middle of a debate between some of the The Secretary of State for Work and Pensions (Mr Iain media and the European Union, so let me simply say Duncan Smith): It is my strong belief that there is a that our own assessment—our habitual residency test— connection between what is happening with the benefit currently prevents people who could be working and cap and getting people into work. The findings of polls not on benefits from claiming those benefits. It is the we conducted show that of those notified or aware that Commission that is trying to get us to change that, and they would be affected by the cap, three in 10 then took I am utterly refusing to do so. action to find work. To date, Jobcentre Plus has helped some 16,500 potentially capped claimants back into Alex Cunningham (Stockton North) (Lab): The work. unemployment rate in my constituency is nearly 9%. One mother whose benefits have been capped has little Margot James: Some of the few families in my opportunity of getting a job, especially as she has constituency affected by the benefit cap have particular several small children to look after. She is putting issues in accessing employment. Does my right hon. feeding and clothing them and paying bills ahead of Friend feel that the Work programme has the specialist paying her rent, so her landlord, Miguel Contreres, is knowledge required to deal with some of the difficulties receiving just £30 a week. Can the Secretary of State that this group sometimes encounter in accessing provide a fair alternative to the landlord’s throwing that employment? mother and her children out on to the street?

Mr Duncan Smith: It does, which is the whole point Mr Duncan Smith: Can we please return to reality? of the Work programme—to get more individuals to [Interruption.] I love the fact that my new shadow, the involve themselves and to help such people find the hon. Member for Leeds West (Rachel Reeves)—whom right courses, the right application and then the right I welcome to her position—was out over the weekend 423 Oral Answers14 OCTOBER 2013 Oral Answers 424 saying “We are going to get really tough on benefits”, committed to ensuring that work capability assessments and at the first opportunity Labour Members are carping are as fair and accurate as possible in determining who about the cap and the spare room subsidy. The truth is is fit to work and when they can return to work. The that the cap applies to people with average earnings. Department has instructed Atos to introduce a quality May I ask the hon. Gentleman what he might like to say improvement plan, as was announced in this House by to those who are trying and working hard, and who written statement. wonder why people on benefits are earning more than they are? Steve Brine: I thank the Minister for that. Can he just confirm that nobody will be worse off as a result of the Child Support Agency necessary push on quality that he has just mentioned and the slow-down it may cause for some of our 8. Sir Bob Russell (Colchester) (LD): How many constituents? individual cases were raised with the Child Support Agency by hon. Members in 2012. [900440] Mike Penning: No one will be worse off. Quality is very important, so as to ensure that when the assessments The Minister of State, Department for Work and Pensions are done the first time, they are done accurately and do (Steve Webb): Out of 1.1 million cases registered with not have to go back on appeal. If there is an overpayment the Child Support Agency, hon. Members raised 7,540 to someone because they are assessed at a lower rate, with the agency. That is still too many, but I am pleased they will be able to keep that payment. to tell my hon. Friend that 12% fewer letters were received in 2012 than in 2011. Tom Greatrex: The Minister’s predecessor, who is in his place, previously said from the Dispatch Box that Sir Bob Russell: I think that that is a bit of an one reason for the number of incorrect decisions was underestimate. The figure is certainly lower than I expected people not providing the right medical evidence. May I it to be, given that the hon. Member for Colchester has invite the new Minister to have a look at the wording of raised more than 1,000 cases in the past 16 years. Does the ESA50 form? It states: the Minister agree that if a Member of Parliament is “If you have any medical documents that you think will having to make representations to the CSA, those cases support your claim, send them in with your questionnaire. For constitute failures? example, this could be a medical report from your doctor, consultant or support worker.” Steve Webb: I do not have figures showing how many It then says, immediately afterwards: of the 7,000 or so letters came from my hon. Friend, but “Please do not send medical statements”. I suspect that a fair proportion of them did. However, It is little wonder there is confusion. he is right to say that matters should not have to reach the stage at which a Member of Parliament has to raise a case. We are reforming the CSA for that reason, and Mike Penning: In my first week, I must admit that I we believe that the new 2012 system will provide much have not had a chance to look at that part of the form. better customer service. I will do so, and if it needs amending I will do that.

Philip Davies (Shipley) (Con): When dealing with Mr Philip Hollobone (Kettering) (Con): Will my hon. CSA cases raised by constituents, one is left with the Friend undertake a work capability assessment on the feeling that the CSA has strayed from its original remit, Ministry of Justice, because the waiting time for appeal which was to chase absent fathers. It seems that the hearings for WCA claims is now up to 40 weeks in the agency has filed that under “too difficult”, and is now Kettering area? That is completely unacceptable. pursuing people who are already paying in an attempt to extract more money from them. Can the Minister Mike Penning: I think we all accept that the delays are find a way of restoring the CSA’s original purpose, unacceptable. We need to ensure that the assessments which was to chase absent fathers rather than hounding are done correctly when they are first done, and the people who are already trying to do the right thing? Department is working closely now to make sure that they are assessed before they get to the referral situation. Steve Webb: My hon. Friend will be pleased to know that the thinking behind our reforms is to ensure that Dr Eilidh Whiteford (Banff and Buchan) (SNP): The when families can sort things out for themselves, they changes to the WCA appeals process that are due to do so. That will enable the CSA to pursue the remaining come into effect later this month will put some very sick cases involving absent fathers—or mothers—much more and disabled people in a dreadful position, whereby vigorously, so that those who are refusing to pay feel the those who are clearly unfit for work and are appealing full force of our enforcement action. a bad decision by Atos will be unable to claim any replacement benefits for the duration of the reconsideration Work Capability Assessments process because being able to work is a prerequisite for claiming jobseeker’s allowance. What assessment has 9. Steve Brine (Winchester) (Con): What steps he the Minister made of the impact that these changes will is taking to reduce waiting times for work capability have on local authorities, housing associations and primary assessments. [900441] health care?

The Minister of State, Department for Work and Pensions Mike Penning: As the Minister of State for disabled (Mike Penning): The work capability process was introduced people—a brand new role, with not a junior Minister by the previous Labour Administration in 2008. We are but a senior Minister—it is my role, across government 425 Oral Answers14 OCTOBER 2013 Oral Answers 426 and including local authorities, to make sure that the where the workers and management had both the system is working. Where there are problems, I will look business case and the burning desire to keep the factory at them. I will be working closely with all the authorities open? that the hon. Lady has suggested, but I do not accept her premise as to how many of them will be worse off. Esther McVey: I think that the hon. Gentleman does not really understand what happened with the whole set Former Remploy Workers of Remploy factories. In 2008, the Labour party put in £555 million for a modernisation plan that failed. Those 10. Rosie Cooper (West Lancashire) (Lab): How many factories that can exist as viable businesses are doing so. former Remploy workers are now in employment. We have helped them in that. We have supported them, [900442] and more than nine have reopened. Of those that could not, we have got some of the employees into work and The Minister of State, Department for Work and Pensions others are opening up as social enterprises. The Opposition (Esther McVey): At 4 October 2013 1,326 disabled tried and failed. We are doing something about this and former Remploy workers are engaging with personal supporting those people. case workers to find jobs; 535 are in work, and 390 are on Work Choice and training, which makes a total of Long-term Unemployed 925 in work or training. 11. Mr Dominic Raab (Esher and Walton) (Con): Rosie Cooper: Notwithstanding that answer, more What steps he is taking to get the long-term unemployed than 93% of disabled people on the Work programme into work. [900443] are simply failing to find work. I put it to the Minister that the Government’s record on disability employment The Minister of State, Department for Work and Pensions is simply a disgrace and is another example of the (Esther McVey): From next April, those hardest to help Government talking big and tough but failing to deliver. jobseekers returning from the Work programme will get the intensive support they need to get a job. A third will Esther McVey: The hon. Lady has bounced across sign on every day; a third will go on community work various subjects there, but may I just put on the record placements for six months; and a third will receive the fact that the Remploy factories had faced an uncertain intensive support from Jobcentre Plus. future since 2008 and that her Government closed 29? We have sought to support the people involved in the best way possible, and so 925 out of the 1,325 are in Mr Raab: Research for the Institute for Fiscal Studies work or training. We are talking about significant support shows that since 2010, the Government’s welfare reforms and significant movement into work; the rate is higher have already increased tax incentives to work and cut than the one relating to regular redundancies. As I said welfare disincentives by 6%. Does my hon. Friend agree before, the Work programme is working. It has significantly that we must continue this recalibration of the system improved under my predecessor and we will continue to end the dependency culture that the last Government that. left behind and ensure that hard work pays?

Paul Maynard (Blackpool North and Cleveleys) (Con): Esther McVey: My hon. Friend is spot-on. That is I welcome the information that the Minister has given exactly what we said we would do—a recalibration; a about the role that Work Choice has played in helping rebalancing of the economy—to get more people into former Remploy employees. Will she confirm that we private enterprise and to make fewer people state dependent. have no plans, despite rumours I am hearing, to roll We have done that with 1.4 million jobs in the private Work Choice up into the Work programme? Such an sector. Opposition Members said that it was not possible. approach would lose the specialisation that has made This is down to an environment that we have set and the Work Choice the success it has been so far. great British businesses that have provided this employment.

Esther McVey: My hon. Friend is right. Work Choice Lucy Powell (Manchester Central) (Lab/Co-op): It is has been a success. We are looking at the disability good to be back. The Minister will be aware that a key employment strategy. For the first time ever we are barrier to many long-term unemployed women returning considering greater segmentation and greater differentiation, to work is the prohibitively high cost of child care. and the greater support that is needed. We have also What is she doing to ensure that work will always pay engaged with business as never before. We have started once universal credit is implemented, given the concerning a two-year disability confident programme, engaging findings of the Resolution Foundation published yesterday with 430 businesses and 35 of the FTSE 100. We need showing the opposite to be the case? employers to work with us to give these people jobs. Esther McVey: I am very proud of our Government’s 19. [900451] Huw Irranca-Davies (Ogmore) (Lab): In policies, which have got a record number of women into the same way that the miners’ buy-out of Tower work and supported them into businesses and in setting colliery succeeded in sustaining well-paid jobs and up their own businesses. Of those in part-time work, exposed the lie that every pit was uneconomic, does the 80% have chosen that work, some of which fits in with reopening this week of the former Forestfach Remploy their life balance. We are supporting women with child site in the constituency of my hon. Friend the Member care. That is a difficult job, especially as the price of for Swansea West (Geraint Davies) with workers’ child care went through the roof under Labour. We are redundancy money give the lie to the need to shut so particularly supporting them under universal credit, many viable Remploy factories, such as that in Bridgend, and, as I said, all credit to this Government. 427 Oral Answers14 OCTOBER 2013 Oral Answers 428

Miss Chloe Smith (Norwich North) (Con): I welcome waiting lists and the 250,000 people in overcrowded the Minister to her place and encourage her to come to accommodation, whom nobody had looked after. We Norwich to see the steps that I and a really great team are looking after everybody and supporting them as of volunteers are taking to get Norwich’s youth best we can with discretionary housing payments. unemployment down. We call it Norwich for Jobs and we have already got literally hundreds of young people Sheila Gilmore (Edinburgh East) (Lab): Tenants who into work. Her predecessor had kindly agreed to visit are not on housing benefits and pensioners are now the team; would she like to do the same? being affected by the bedroom tax, because councils such as mine are being forced to look at either rent rises Esther McVey: If it was good enough for my hon. or cutting their modernisation programmes because of Friend the Member for Fareham (Mr Hoban), it is the impact of the bedroom tax. Will the Minister now good enough for me, and I will be there. look at that again and stop this nonsense, which is not even saving money overall? Debbie Abrahams (Oldham East and Saddleworth) (Lab): Is it not the case that the Secretary of State has Esther McVey: There is one point to clarify: pensioners been rebuked not once but twice by the chair of the UK are exempt. If people could get the facts right, it would Statistics Authority for the misleading, if not false, work better. claims that he is making about the welfare reform Pension Charges programme? Will he take the opportunity to apologise to the House and to the public at large, not least to those on social security, whom the Government continue 14. Jesse Norman (Hereford and South Herefordshire) to denigrate? (Con): What steps the Government are taking on pension charges. [900446] Esther McVey: I will not be taking this moment to apologise, but I hope that those on the Labour Benches The Minister of State, Department for Work and Pensions will apologise for the mess they left us, which we have (Steve Webb): We have already banned consultancy corrected. Employment is up by 1 million since the charges in automatic enrolment schemes and, in the election and unemployment is down by 400,000. Inactivity light of the recent report by the Office of Fair Trading, records are at an all-time low and the number of people we will shortly be publishing a consultation setting out not in employment, education or training is at the plans for a cap on pension scheme charges. lowest rate for a decade. That is what we are doing, and the statistics we are putting out are correct. I am really Jesse Norman: It is extremely difficult for pensioners, disappointed that we cannot all celebrate the great work and indeed fund trustees, to obtain accurate and timely this Government have done. data about transaction costs, which can have an enormous impact on fund performance. Does the Minister share my view that managers of both private and public funds Housing Benefit Changes (Scotland) should be required to publish that information?

12. Katy Clark (North Ayrshire and Arran) (Lab): Steve Webb: My hon. Friend highlights the important What assessment he has made of the effect of the point that we need a great deal more transparency Government’s housing benefit changes in Scotland; about the many different pension scheme charges—the and if he will make a statement. [900444] OFT report identified 18 different sorts of charges. We will be looking at its recommendation that the fees he The Minister of State, Department for Work and Pensions refers to should be reported to governance committees, (Esther McVey): All the Government’s housing benefit which will be best placed to act upon them. changes have been subject to full impact and equality impact assessments. We have closely monitored the Gregg McClymont (Cumbernauld, Kilsyth and implementation of the measures and commissioned Kirkintilloch East) (Lab): It was the Leader of the independent evaluations of the local housing allowance Opposition who led the way in exposing the pension reforms and the removal of the spare room subsidy. charges rip-off, only for the Minister to respond—I have the press cutting to hand—by accusing Labour Katy Clark: Alex Salmond is coming down from 15 months ago of scaremongering. Now that the OFT Edinburgh on Wednesday to ask the Prime Minister to has published its damning report, does he not accept scrap the bedroom tax, and the Scottish Labour party is that Labour was right all along and that pension charges putting a Bill before the Scottish Parliament to stop must be tackled in a serious and timely fashion? evictions and provide funding to councils and housing associations for discretionary housing payments. Does Steve Webb: May I first congratulate the hon. Gentleman the Minister accept that in the meantime, councils and on keeping his post in the Labour reshuffle, which I housing associations are under huge pressure to raise understand was codenamed the Blair Ditch project? He rents because of the massive rent arrears resulting from says that we need to cap pension scheme charges. What the introduction of the bedroom tax? I do not understand is why they were not capped at any point when Labour was in office. Why has it decided to Esther McVey: What I will say is that we are putting cap them only now? The OFT did not recommend a cap in place support for those housing associations and on pension scheme charges. I am sure he was disappointed local authorities that are finding that they cannot come when he read its report, because he thought that it to terms with the issue, although they have had three would. That is why we are now consulting and gathering years to do something and have failed to do so. I would evidence. We will act where the previous Government like to talk about the 1.8 million people on housing did not. 429 Oral Answers14 OCTOBER 2013 Oral Answers 430

Departmental Programmes (Performance) Mike Penning: We are working very closely with Motability, and if someone does lose their Motability 16. Fiona O’Donnell (East Lothian) (Lab): What plans vehicle and they were in the scheme prior to January he has to improve the performance of his Department’s 2013 there will be a £2,000 lump sum to help. I must say programmes referred to by the Chancellor of the Exchequer to the hon. Lady that only 30% of people on the higher in his spending review statement on 26 June 2013. rate take Motability, but we will work very closely to [900448] ensure those who deserve it continue to get it.

The Secretary of State for Work and Pensions (Mr Iain Topical Questions Duncan Smith): I am cutting the running costs of my Department from what I inherited from the last T1. [900408] Paul Blomfield (Sheffield Central) (Lab): Government of £9 billion in 2009-10 to less than £6 billion If he will make a statement on his departmental by the end of this Parliament. What is more, by 2016-17 responsibilities. spending on out-of-work benefits will be back at 2008-09 levels. Working with the Treasury, we are always looking The Secretary of State for Work and Pensions (Mr Iain to drive down costs further still, and we will make Duncan Smith): Today I welcomed the national roll-out further announcements. of the claimant commitment across around 100 jobcentres a month from now, mirroring a contract of employment. Fiona O’Donnell: I thank the Secretary of State for These contracts are about a cultural shift making it that answer. The Chancellor of the Exchequer called in easier for claimants to understand what they must do in his spending review statement for a hard-hearted assessment return for benefits and that they are in work now to find of underperforming programmes in the DWP. Does the work. During the pathfinder both claimants and staff Secretary of State accept this review, and what steps is have found this helps enormously in focusing people on he taking to tackle underperformance in his Department? their requirements and the consequences if they do not Mr Duncan Smith: The No. 1 thing we could do was meet them. This now marks the next stage of delivery. to get rid of Labour—a great move to get more performance and not underperformance, and judging by the performance Paul Blomfield: One of my constituents who is still of its Front-Bench team, that is one of the areas where without a job after his involvement in the Work programme we ought to start straight away—but I must say to the came to one of the public consultation meetings I hon. Lady that we are driving costs down and making organised during the recess because he was angered by savings in every programme. I would love to know this: his experience of the programme. Bright and articulate out of the £80 billion plus we will save as a result of our with a postgraduate degree from Oxford, he had been welfare changes, which the Chancellor welcomes, which sent on an eight-week employability course that included ones does she welcome? the completion of questions by ticking boxes with smiley faces or sad faces. Does the Secretary of State understand Mr Frank Field (Birkenhead) (Lab): How many why he and others on the course angrily felt it was a permanent secretaries does the Secretary of State think waste of time, and does his experience explain why the he will get through before universal credit is rolled out Work programme has failed the overwhelming majority nationally? of people who have been sent on it?

Mr Duncan Smith: Universal credit will roll out very Mr Duncan Smith: I just do not agree with that well and it will be on time and within budget. We should because the reality is that the Work programme figures consider the reality of the record of the right hon. show that it is performing incredibly well and it will just Gentleman’s Government on Departments and the mess get better: some 72% of the first tranche or cohort are they got into. They left us with IT blunders of over off benefits; 380,000 people who before were written off £26 billion. With respect to him, as he was not always by the last Government are now in work; 168,000 are involved, but the others were, I therefore think they now in sustained employment; and we now know that should apologise first. 90% of those who are in sustained employment go on to another year at least of employment, which is better Personal Independence Payment than any of the last Government’s programmes—cheaper, more effective and better for those trying to get into 17. Diana Johnson (Kingston upon Hull North) (Lab): work. What discussions he has had with Motability on the changes from disability living allowance to personal T6. [900413] Andrew Stephenson (Pendle) (Con): As independence payment. [900449] this month marks the first anniversary of automatic enrolment, will the Minister update the House on The Minister of State, Department for Work and Pensions progress so far? (Mike Penning): DWP Ministers have regularly met the management of Motability to ensure that they are well The Minister of State, Department for Work and Pensions placed to manage the introduction of personal (Steve Webb): Yes, as my hon. Friend says, it has been a independence payments and are able to effectively support year since the first firm automatically enrolled. This has their customers through this transitional period. been a striking success. Over 1.5 million employees have been automatically enrolled and the staying-in rates Diana Johnson: There are 3,200 people in Hull who have been far higher, with over 90% of employees who have a vehicle under the Motability scheme. What have been placed in a workplace pension remaining in assessment has the Minister made of the number who it. It is a superb start and I congratulate all those who will lose their vehicle under the new PIP criteria? played a part in it. 431 Oral Answers14 OCTOBER 2013 Oral Answers 432

Rachel Reeves (Leeds West) (Lab): Labour Members many desperate people in our surgeries, will the Secretary support the principle of universal credit, but we have of State tell us when we will see the results of his repeatedly raised concerns about the Secretary of State’s investigation into sanctioning? ability to deliver it. Since 2011 he has consistently promised that 1 million people will be claiming universal Mr Duncan Smith: It is obvious and clear that Labour credit by April 2014. Will he now tell the House how Members do not support sanctioning. The reality is many people he expects actually to be claiming universal that they spend their whole time saying that they are in credit by then, and whether he will proceed with the favour of benefit changes and at every single turn they previously announced plans to close down new claims oppose them. People who deserve sanctions deserve for tax credits by that date? sanctions, and we impose them on those who do not play a part in the system. Mr Duncan Smith: May I start by welcoming the hon. Lady to her position? As I told the Committee and have Dr Julian Huppert (Cambridge) (LD): People with said consistently, universal credit will be rolled out autism and mental health problems have particular within the time scales we set, and we are planning very problems with the work capability assessment, and the clearly to enrol as many people in it as possible. This courts recently found that the test put people with will be a success. As she says she is favour of universal mental health problems at a substantial disadvantage. credit, perhaps she can explain why Labour Members Will the Minister or the Secretary of State rethink the voted against it at the start and continue to do so. work capability assessment for those people and pause the process, for which Rethink Mental Illness called? Rachel Reeves: Despite what the Secretary of State says, the truth is that by April next year it will be The Minister of State, Department for Work and Pensions possible to claim universal credit at just 10 jobcentres (Mike Penning): I have looked at this very closely in the out of a total of 772. Meanwhile, the National Audit past week. Of course, lots of groups would want us to Office says that £34 million has already had to be look at individual cases. The way the assessment is done written off, £303 million is now at risk, and Ministers is not rigid, and it will evolve. We will look at this have failed to set out how the policy will work. It is a carefully, but I cannot make promises on individual catalogue of errors. Will the Secretary of State tell us groups today. how much money spent on the project will be money down the drain? Instead of blaming everybody but T3. [900410] Andy Sawford (Corby) (Lab/Co-op): Will himself, would it not be better for him to turn down the the Secretary of State confirm whether benefits officers volume on off-the-record briefings against his own been have told not to sanction people when the only permanent secretary and start taking responsibility for job offered is on a zero-hours contract? Do Ministers his own failed policy? recognise that the new claimant commitments mean that people will not actually be able to sign zero-hours Mr Duncan Smith: Just in case the hon. Lady does contracts without risking losing their in-work benefits? not realise it, I should point out that this is not a failed policy: it will roll out successfully on time and within Mr Duncan Smith: The claimant commitment is about budget. Where does the word “failure” apply to that? people’s obligations under the existing terms. They will She is part of a party whose time in office saw more have to seek work, attend interviews and try to get a job, than £28 billion wasted on IT programmes, with complete and once they are offered a job they must take it. Those chaos most of the time it was there. This will roll out on are the sanctions coming up under universal credit. time and within budget. At any time when we announce People will lose benefits for three months for a first the new reset, she can, if she would like, come and talk offence, six months for a second offence and three years to us about it. Perhaps for once, instead of voting for a third offence. Right now, zero-hours contracts are against stuff and then saying she supports it, she might legal. If Labour wants to change the law, we want to tell us how many of the benefit cuts Labour Members hear that from the hon. Gentleman. voted against they are now in favour of. Henry Smith (Crawley) (Con): Will the Secretary of T10. [900417] Mr David Amess (Southend West) (Con): State update the House on the innovation fund and how Is my right hon. Friend aware that the number of it is helping separated families? jobseeker’s allowance claimants in Southend West has fallen by 12% in the past year? Will he join me in Steve Webb: This is money designed to help and congratulating everyone on this very encouraging support separated families. We have spent £6.5 million trend? so far on seven projects in the voluntary and private sector designed to help with things such as mediation. The Minister of State, Department for Work and Pensions Although it is early days, we have anecdotal examples (Esther McVey): I will indeed do that. Although my whereby we have enabled families to function together hon. Friend talks about an average of 14% fewer people for the benefit of the child, and whereby the child’s claiming in his constituency, across the country the performance at school is improving as well as maintenance average is 11%, and 400,000 fewer people are claiming flowing. since 2010, so it is success all round for this Government. T4. [900411] Huw Irranca-Davies (Ogmore) (Lab): T2. [900409] Julie Hilling (Bolton West) (Lab): With Housing associations in Ogmore are carrying a rising well over 1 million unemployment benefit claimants level of debt on their balance sheets as a result of rent being sanctioned since 2010, rumours abounding that arrears. They have a desperate scarcity of one and targets are in place for sanctioning, and all of us facing two-bedroom properties to rent, and yet they have 433 Oral Answers14 OCTOBER 2013 Oral Answers 434 three-bedroom properties lying empty. Is this just a T8. [900415] Diana Johnson (Kingston upon Hull North) necessary but painful adjustment to the Secretary of (Lab): Given the woeful performance of the Work State’s benefit and bedroom tax changes? programme in Hull and local job losses, does the Secretary of State agree with The Economist that Hull’s long-term Esther McVey: This is something we have to do. I jobseekers should give up looking for jobs in Hull and have answered this before: how many people we have to travel elsewhere in the country? look at who are on waiting lists, how many are in overcrowded housing, and how the bill doubled under Esther McVey: I would never put out a message that Labour. The hon. Gentleman is quite right—we have to people should not look for work, because work is vital get the stock right: the fact that there are three-bedroom to self-esteem, motivation and supporting one’s family, houses and why in the last three years they have not so I totally disagree with that statement. been modified into one and two-bedroom houses. Those questions have to be asked. That is what we have to do: Greg Mulholland (Leeds North West) (LD): The roll-out get the stock right and support people as best we can. of universal credit will be complete by 2017, yet the contract for the Post Office card account will be up for David Mowat (Warrington South) (Con): The pensions renewal in 18 months. What assurance can the Secretary Minister mentioned earlier that the Office of Fair Trading of State give that people will still be able to access their report highlighted some of the abusive practices in the benefits through their post offices? private pensions industry, such as active member discount and charges of up to 3% on many schemes. I welcome Mr Duncan Smith: I have looked at this matter carefully. his consultation, but does he agree that it will be important The Post Office contract is due to expire in 2015, but to put a cap in place before auto-enrolment is rolled out there is the option to extend it and we will keep the at volume? matter under review. The Post Office is piloting a new current account and we hope that many people will Steve Webb: My hon. Friend raises the crucial issue transfer on to that. I assure the hon. Gentleman that we that, while the largest firms have been able to negotiate will ensure that those who are in the circumstances that very good charging levels, we cannot be certain that the he describes will always be properly supported. smaller firms will even be offered them or, indeed, that Ian Austin (Dudley North) (Lab): Every single week, employers will necessarily be interested in charging constituents tell me that Atos claims that it has not levels when it is the employees, rather than the employers, received the forms that they have completed. Last week, who pay them. Our consultation will touch on that issue a young disabled constituent told me that that had and on that of active member discounts. happened on several occasions, leaving him penniless for weeks at a time. Why can the Secretary of State not T5. [900412] Kerry McCarthy (Bristol East) (Lab): The sort this shambles out? Government continue to disregard warnings from the likes of Oxfam and Church Action on Poverty that Mike Penning: The personal circumstances that the many of the 500,000 people being forced to use food hon. Gentleman has described are completely unacceptable. banks are doing so because of delayed, reduced or If he gives me the details of the case, I will look at it. withdrawn benefits. The Department seems not to be The performance of Atos is ever so important and it interested in collecting any statistics behind the reasons was an issue for the previous Administration. We are for that referral. Will the Secretary of State look into working on it, but those circumstances are not acceptable this to see what impact his benefit changes are having and I will look at the matter. on people who simply cannot afford to feed themselves? Graham Evans (Weaver Vale) (Con): Will the Secretary Mr Duncan Smith: We do spend our time looking of State confirm that since the benefit cap was introduced, carefully to see whether the effects of our policies are his Department has helped more than 16,000 people negative on some families and how we can best support who would have been affected by it into work? Does them. We have localised to local authorities the support that not show that those who voted against the benefit for things such as crisis loans. Local authorities are now cap cannot be trusted on welfare reform? much better at focusing on what people really need. Our general view is that there are people in some difficulty, Mr Duncan Smith: My hon. Friend is right that the but lots of people are taking some of this food because benefit cap is popular and effective. Although the new it is available and it makes sense to do so. We are shadow Secretary of State said that Labour would be working with local authorities to ensure that those in tougher on welfare, we have all noticed throughout real need get support. questions that the only thing we have heard from Labour is opposition to every single spending reduction and Mike Freer (Finchley and Golders Green) (Con): welfare reform. That party is not fit for government. What estimate has been made of the annual number of surviving civil partners who qualify for widow and Mr Speaker: The hon. Member for Brighton, Pavilion widower pensions? (Caroline Lucas) has been looking doleful for much of questions. I shall do my best to rescue her from her Steve Webb: As my hon. Friend knows, our data on misery. the pension rights of people in civil partnerships are very patchy, but I can tell him that, in response to the Caroline Lucas (Brighton, Pavilion) (Green): I am Marriage (Same Sex Couples) Act 2013, we have committed entirely grateful, Mr Speaker, but my dolefulness has to a statutory review. We are gathering data as we speak more to do with the responses from the Government and we will report back on our proposals by next July. than with my not catching your eye. 435 Oral Answers14 OCTOBER 2013 Oral Answers 436

The Government’s main reason for denying women Steve Webb: To be clear, we have made one change to born between 1951 and 1953 the option of receiving the pension position of the women to whom the hon. Lady the single-tier pension if that means a higher weekly refers: we have improved the indexation of their pensions income appears to be the uncertainty about when their by introducing the triple lock. I make no apology for that. husbands will die. That is irrelevant for single, unmarried female pensioners—the poorest of all groups in Several hon. Members rose— retirement—who know that they would be better off with a choice. Will the Minister reconsider his policy so Mr Speaker: I am sorry to disappoint colleagues, to that the Government can help my constituents and whose mellifluous tones I could happily listen all afternoon, others like them? but we must move on to the statement. 437 14 OCTOBER 2013 Secondary Schools (Accountability) 438

Secondary Schools (Accountability) typically achieve one grade higher than expected or one grade lower. The second is the average grade that a 3.32 pm pupil achieves in those same best eight subjects. That will show, for example, that pupils in a particular school The Minister for Schools (Mr David Laws): With average a high B grade or a low D grade in their GCSEs. permission, Mr Speaker, I would like to make a statement The third is the percentage of pupils achieving a C grade on the future of secondary school accountability, following in English and maths. The fourth is the proportion of our recent consultation. May I first welcome the new pupils gaining the EBacc, which will continue in its shadow Secretary of State for Education and express current form. We will also look at developing a destination our best wishes to his predecessor, the hon. Member for measure to show the percentage of pupils in any school Liverpool, West Derby (Stephen Twigg), with whom we who move on to further study or employment, including always had a very constructive relationship? further training. Until now, secondary schools have been judged by We are proposing an important change to how we the proportion of their pupils who are awarded five measure underperformance, and to our floor targets. GCSEs at grade C or better, including in English and Rather than the five A* to C GCSEs threshold measure, maths. Schools currently improve their league table we will use the new progress measure for the floor position if pupils move over the C/D borderline. That targets. That will be much fairer, because it will take gives schools a huge incentive to focus excessively on into account a school’s intake. A pupil’s key stage 2 the small number of pupils around the five Cs borderline. results, achieved at the end of primary school, will be In our view, that is unfair to pupils with the potential used to set a reasonable expectation of what they should to move from E grades to D grades or from B grades to achieve at GCSE, and schools will get credit when A grades. It is also, paradoxically, unfair to those on the pupils outperform those expectations. A child who gets C/D borderline because it leads schools to teach to the an A when they were expected to get a B, or a D when test. Ofqual, the Chairman of the Select Committee on they were expected to get an E, will effectively score Education and others have warned about those adverse points for their school. That approach will ensure that incentives. all pupils matter, and matter equally. It will be fairer for Indeed, all five of the maths organisations that responded schools and fairer for pupils. to the consultation said that the current approach harmed Coasting schools will no longer be let off the hook. the teaching of mathematics. The Association of Teachers Equally, head teachers will no longer feel penalised of Mathematics said: when they have actually performed well with a challenging “Teaching to the test…results in superficial skills development intake. We must not deter the best head teachers and which means that students are ill prepared for adult life”. teachers from working in challenging schools. Furthermore, as Chris Paterson at CentreForum has Pupils’ progress and attainment will be assessed in shown, the current accountability framework discourages eight subjects: English and maths, three further EBacc schools from focusing on the lowest-attaining pupils. In subjects and three other high-value qualifications. That a recently published book, “The Tail”, the authors final group can include further traditional academic argue that the past 15 years have seen rises in average subjects such as art, music and drama, and vocational attainment in our schools, but not in the attainment of subjects such as engineering and business. English and those at the bottom. International surveys such as the maths will be double-weighted to reflect their importance. trends in international mathematics and science study That will encourage schools to offer all pupils a broad confirm that position. We need a secondary school curriculum, but with a strong academic core. accountability system that gives more attention to pupils We will define the new floor standard as progress half who are falling behind. a grade lower than reasonable expectations. So if pupils at a school are expected to average a B in their eight The current measure also permits many schools, subjects, the school will be below the floor if they particularly in affluent areas, to coast. Those schools average less than four Bs and four Cs. At present, there find it easy to hit targets based only on five C grades. are 195 schools below the existing floor standard. Using Although those schools may look successful, C grades existing figures, we estimate that about twice as many are not a measure of success if pupils are actually schools would be below the new floor standard. However, capable of achieving far more. The accountability system as schools will adjust their curriculum offer to the new must set challenging but fair expectations for every framework, the actual number is likely to be significantly school, whatever its intake. lower. The five A* to C grades measure also encourages We also want to recognise schools in which pupils schools to offer a narrow curriculum. Mastery of just make exceptional progress. Therefore, a school in which five subjects is not enough for most pupils at age 16. pupils average a full grade above reasonable expectations Furthermore, the use of equivalent qualifications means will not be inspected by Ofsted the following year. This that some students have not been offered a rigorous is the first time the accountability regime has offered academic curriculum, which would have served them schools a carrot as well as a stick. Schools have planned well. Until this year, a school could offer English, maths their current curriculum for years 10 and 11 on the basis and only one BTEC and still have the pupil count as of the existing accountability system, so for that reason, having achieved five Cs or better. the new system will begin in 2016 for students currently We believe that the system can do much better than in year 9. We will, however, allow schools to opt into the that, so we will require all schools to publish core new system from 2015 if they wish. information on their website in a standard format. The Government response to the consultation also From now on, there will be four key measures that must describes how we will publish information we hold be published. The first is pupils’ progress across eight about secondary schools through a new data portal. subjects, so a parent will see whether pupils at a school That builds on our existing performance tables, and will 439 Secondary Schools (Accountability)14 OCTOBER 2013 Secondary Schools (Accountability) 440 allow all interested groups—governors, parents, academics Will this change to the accountability system make and civil society more widely—to analyse aspects of any real difference to children if their schools are vulnerable school performance. Our full response to the consultation to—I quote the Secretary of State’s special adviser— is available on the Department for Education’s website, “disastrous teaching” and “fraudulent activity”? That and a copy will be placed in the Library of the House. is the view of Dominic Cummings, who says that it is Through these changes, we are removing the perverse inevitable, because of the lack of grip the Secretary of incentives for schools to act in a way that is not in the State has on his free schools policy, that some will fail best interests of their pupils. More pupils will get the for those reasons. That is what he said. teaching they require and obtain the valuable qualifications We are already seeing the fruit of that failure in the they need. The proposals will have a major and positive scandal at Al-Madinah school in Derby, which left effect on our education system, and we hope they will 400 children without schooling for an entire week and secure support from across the political spectrum. whose approach to women staff and female students has caused such controversy. What will the right hon. 3.41 pm Gentleman do to ensure that school accountability Kevin Brennan (Cardiff West) (Lab): I thank the extends beyond today’s measure and includes ensuring Minister for his kind words for the shadow Secretary of that all taxpayer-funded schools have qualified teaching State and the former shadow Secretary of State, which staff, are monitored for financial fraud, have proper he gave in his usual courteous way at the beginning of child protection measures in place and are adhering to his statement. I also thank him for advance sight of the basic British values of tolerance and respect for all, statement. Labour will study closely the details of the regardless of gender, sexuality or religious belief? changes he proposes, and if it transpires that they will incentivise rich, broad and balanced curricula in our Mr Laws: I think I welcome the shadow Minister’s schools, we will welcome them. There are, however, response to our statement. By the end of it, it was some important tests that the changes must pass. difficult to know whether he was supporting the statement Anyone watching last week’s “Educating Yorkshire” or not. We will come to that in a moment. I think I will have seen the extraordinary efforts that teachers go welcome the hon. Gentleman’s relatively cautious approach to—sometimes including risking their health—to help because, from him, I take that as a sign of support, pupils pass their GCSEs. It is sad that these days that is whereas from other people it might qualify as anything sometimes known in Government as “gaming the system”. other than that. How will the Minister ensure that the new arrangements I hope the hon. Gentleman will accept that we have will allow teachers to help pupils of all abilities to taken time to get this right. Nobody can accuse us of achieve their best, and can he be sure that they will not rushing into the proposals. After all, we announced a throw up their own new perverse incentives? consultation in this area in February. We have taken The Labour party, backed by the CBI, is committed a great deal of time to get our proposals right. We have to ensuring that all young people continue to study listened very carefully, including to the Chairman of the maths and English to 18, although so far the Government Select Committee, to a lot of the mathematics, to have failed to support Labour’s plan. Will the Minister organisations that made representations, and to hon. think again about that? As the participation age rises to Members on both sides of the House. As a consequence, 18, and with challenges for us all in the OECD report, the Secretary of State and I have changed the proposals does he not want all young people to continue studying that we first made. We have moved away from a threshold maths and English to 18? We also need more detail measure to a greater extent than was originally planned, about how the changes will impact on technical and precisely because of the perverse incentive effects that vocational education which, once again, seems to be a the hon. Gentleman talked about, and we think we have bit of an afterthought. He referred to progression post-16, now got the balance right between having a proper but why are the Government watering down the important accountability system and ensuring that that system requirement on schools to ensure that young people are embeds the right incentives. By having a number of key ready for the world of work, through the provision of measures, we will ensure that it is not possible to game work experience and independent careers advice and one of those and ignore all the other things that matter. guidance? The hon. Gentleman is right that we need to encourage The central problem with the announcement is that young people who have not mastered maths and English parents, pupils and teachers no longer trust the Government at 16 to go on studying those subjects, and we have not to tinker. When it comes to accountability measures, announced a new core maths qualification beyond the age the Government behave a little like the badgers, moving of 16 to ensure that young people have the opportunity to the goalposts halfway through the school year. Will the do that. We have also, through our 16-to-19 accountability Minister guarantee that the proposal will not be subject consultation, paid a great deal of attention to the to the mood swings of the Secretary of State and his incentives that educational institutions will have to keep infamous friend Dominic Cummings? Parents, pupils, young people on course after the age of 16 and to create teachers and head teachers are livid about the latest the right incentives. The destination measure that I have knee-jerk announcement via the press, when pupils are talked about today will give all educational institutions already preparing for exams and only days away from an interest in the qualifications that young people secure the deadline for exam entry, that only first entry into not only at age 16, but beyond that. GCSE can be counted in the school accountability On the issue of early entries for GCSEs, I do understand measure. If the badgers are moving the goalposts, Ministers that this has been controversial, but the hon. Gentleman are changing the rules in the middle of the match. Will will understand that we must pay attention to the the Minister promise to meet with heads to discuss their serious warnings that we have received from Ofsted and concerns about this change being implemented in such others about the scale of increase of early entry. This away? summer almost a quarter of maths entries—170,000 entries 441 Secondary Schools (Accountability)14 OCTOBER 2013 Secondary Schools (Accountability) 442

[Mr Laws] debate on adult literacy and numeracy, will they take the lesson that the one area in which we still underachieve —were from young people who were not at the end of is the failure of at least 25% of our young people key stage 4 study. Ofsted said that it found no evidence coming through education to get almost any qualification that such approaches on their own served the best at 16? That is where the concentration must be and we interests of students in the long term. Indeed, Sir Michael need action soon. Wilshaw has said that he thinks early entry hurts the chances of some children, who are not able to go on to Mr Laws: I am grateful to the hon. Gentleman, the get the best grades that they are capable of. former Chair of the Select Committee, for his kind On future uncertainty about these frameworks, we comments. He is absolutely right that one of the big hope very much indeed that we will be able to secure challenges we must address in education is the very support from across the House for the proposals that large number of young people who are not getting we have made today, and I take the hon. Gentleman’s through GCSEs with decent qualifications in English comments as a modest step in that direction. However, and maths. Shockingly, at the moment the overwhelming in terms of getting certainty about the degree of cross-party majority of those young people continue to fail beyond co-operation, it would be helpful if he could clarify the age of 16. Many do not even attempt to retake those some of divisions that there are now on his own side subjects to get that basic level of literacy and numeracy, about some of the key issues. For example, one of the and we must address that. measures that we have said we would publish is the EBacc, and we believe we should continue to do so. The Mr Stewart Jackson (Peterborough) (Con): I former education spokesman for the Labour party opposed warmly welcome the Minister’s statement. It is clear the EBacc and said that it was at best an irrelevance and that the Government are absolutely committed to in some cases distorted young people’s choices. The new tackling underachievement among children from poorer spokesman for the Labour party said that he supports backgrounds. Will he undertake not to lose sight of the the English baccalaureate. We want to hear from the importance of English as an additional language as a Opposition some clarity about Labour’s position on factor in educational attainment? Will he look at the these issues; otherwise, that will be a source of confusion. subject in the round when going forward with these welcome education reforms?

Mr Graham Stuart (Beverley and Holderness) (Con): Mr Laws: I agree with my hon. Friend and there will This announcement is extremely welcome, as the best still, of course, be an incentive through the EBacc eight measure will be an educational breakthrough in system to encourage modern languages. The funding improving the accountability of secondary schools by, system for schools will still make finance available to as the Minister rightly said, ensuring a focus on improving help schools with those challenges. the education of the lowest-achieving, as well as stretching those at the top. It is to the credit of the Secretary of Meg Munn (Sheffield, Heeley) (Lab/Co-op): Many State and the Minister for Schools that they have listened schools in and around Sheffield no longer offer three to the submissions, that they have been prepared to take separate science subjects at GCSE, which is blocking their time and that they have got this right. How will the young people from being able to go on to careers in floor target work? It is rightly based on progression, but engineering and other related subjects. Given the changes how will it ensure that progression is fairly measured that have been announced, how does the Minister see between those who serve the more able and typically things developing? In particular, will he support the prosperous parts of the population and those in the development of separate sciences so that young people most deprived areas? go into such areas, where we have skills shortages?

Mr Laws: I am grateful to the Chair of the Select Mr Laws: The hon. Lady makes a good point. Sadly, Committee for his kind comments about the proposals over the past decade or so there was a movement by we have announced today. I am happy to pay tribute to students away from taking serious single-science subjects him for the role he has played in ensuring the improvement towards broader subjects that sometimes had an unrealistic of the proposals between the original announcement equivalence. I am pleased to say that since the changes and consultation in February and today, when the final made by my right hon. Friend the Secretary of State in proposals were made. He is right that the new progress that area, we have seen a big increase in students taking measure will ensure that the attention and focus is not some of those subjects at GCSE and A-level. We need only, as it was in the past, on the schools with the lowest to ensure that the number goes up even further in the levels of attainment, but on schools that appear to have future. high levels of attainment but where levels of progress are extremely low. Schools have been able to coast over Sir Edward Leigh (Gainsborough) (Con): What the past decade because their overall levels of attainment discussions has the Minister had with the private sector? look all right, when they have actually been failing Is there not a danger that in moving to a progress measure young people by not getting much better results from we are moving from absolute standards to relative standards them. because we are taking account of where people come from as opposed to where they are? Parents want a measure Mr Barry Sheerman (Huddersfield) (Lab/Co-op): This of how good a school is now and the rigid academic is probably the best statement I have heard from a standards it is achieving, and nothing else. Minister since 2010, when the Government were formed. It is not all perfect, but the Government have listened Mr Laws: We have had a broad welcome to the and have modified the proposals. They should be proposals in the consultation and the statement, including congratulated on that. If they listened to last week’s from many employer organisations, but my hon. Friend 443 Secondary Schools (Accountability)14 OCTOBER 2013 Secondary Schools (Accountability) 444 is right to highlight that, ultimately, results and attainment Mr David Nuttall (Bury North) (Con): Following are crucial to any young person doing well in future. I that same point, in warmly welcoming the Minister’s believe that, through the best eight measure—an average statement, I urge him to accelerate the inclusion of a we will publish as part of the new accountability framework destination measure as an assessment criterion. What —we will send out the clearest signal ever about how a really matters is how a school prepares its pupils to school is performing in a large range of subjects and for succeed either in further education or in finding a job. every single student in the school. I believe that that will improve the focus on attainment in every school in the Mr Laws: I agree with my hon. Friend that the country. destination measure is extremely important. I assure him that we will act swiftly to seek to introduce the Mr David Lammy (Tottenham) (Lab): I congratulate measure. Getting the data to the standard at which they the Minister on his announcement. I particularly welcome are accurate and useful, which is crucial because we the destinations measure, which I argued for as a Minister want an accountability measure that is taken seriously —I was not successful in persuading the Department to by schools, is important as the first step. However, as do it. How will it affect schools that go up to age 16, as soon as we do it, we will move towards publishing the opposed to schools that go up to age 18, which often measure. place a greater emphasis on universities, including Russell group universities? Toby Perkins (Chesterfield) (Lab): Brookfield school in Chesterfield recently wrote to all parents to let them Mr Laws: I am grateful to the right hon. Gentleman know that year 11 pupils whom the school believes for his comments. We would expect such a measure to might not get a C will not do maths until May or June, apply both to schools that go up to age 16 and to those whereas previously they would have done it in November. that go up to age 18. Looking at what happens to Alongside schools accountability, is the Minister concerned people afterwards is relevant in giving both a powerful that one impact could be that children on the borderline incentive. Clearly, the pathway in each situation would, might not have the same chance that children higher up for many students, be slightly different, but we believe have, because the children who are higher up have the that taking an interest in what students go on to do chance to do it in November and do it again in May if beyond age 16 makes sense in giving a powerful incentive they are not happy with their original result? Is there a to the many schools in the country that go up to age 16. danger that schools will change the way in which they operate to the disadvantage of some pupils? Tim Farron (Westmorland and Lonsdale) (LD): I very much welcome the proposals on increasing the reward for schools that add attainment for all pupils, Mr Laws: We were concerned by what was happening irrespective of their backgrounds, and the proposals on in increasing numbers in some schools before the adding value and support for schools that seek to boost announcement was made. I draw the hon. Gentleman’s attainment for all pupils, and not just those on the key attention back to the massive expansion in the last dividing lines between specific grade boundaries. I am couple of years in the number of students doing multiple also happy to hear the Minister’s reference to having GSCE entries—170,000 in summer 2013. Almost a more carrots than sticks. In that sense, could we offer quarter of maths entries were multiple entries from more carrots than sticks to the teaching profession students who had not reached the end of key stage 4. with reference to Ofsted? Few Ofsted inspectors are Several bodies have expressed concern that some of the currently teachers. Could Ofsted become more supportive youngsters might getaCwhenthey could go on to get a and developmental rather than, say, threatening and B, an A or an A*, and they are potentially being let limiting? down. It also means that teaching in those subjects ends at a much earlier stage than it should, with a year only Mr Laws: I am grateful to my hon. Friend for his of preparation in the subject rather than the full two comments. He is right that we need to guarantee confidence years. It is crucial that we have a school system that acts in the schools system about the job Ofsted does. I in the best interests of the students, not simply of the believe that, on the whole, it does an excellent job. He schools. will be interested to know that, since the new chief inspector took over at Ofsted a couple of years ago, he Nick de Bois (Enfield North) (Con): Employers will has very significantly increased not only the number of tell the Minister that it did not need an OECD report to former head teachers who work for it, but the number show that England has—shockingly—some of the least of existing senior school staff who act as Ofsted inspectors. literate students, because they only have to look at job I would be happy to write to my hon. Friend to update applications to see that. Will he ensure that his system him on that information, because there has been a will have widespread effect, especially on literacy and radical change in a short period. numeracy, as opposed to focusing on a few?

Ms Gisela Stuart (Birmingham, Edgbaston) (Lab): I Mr Laws: I agree entirely with my hon. Friend. The wish the Minister well in developing his destination new system will reduce the amount of gaming behaviour measures, particularly on employment. If he wants to across the C/D borderline and the amount of teaching know how schools can prepare, I invite him to come to for the test, which often distorts our appreciation of Birmingham to see how the Birmingham baccalaureate educational standards, and all of the changes go hand brings the world of work and schools together. That in glove with the further changes to GCSEs that were might give him a pathway to copy elsewhere. announced by my right hon. Friend the Secretary of State earlier this year, which will try to ensure that Mr Laws: I would be delighted to come to Birmingham. GSCEs in English, maths and other subjects are fit for 445 Secondary Schools (Accountability)14 OCTOBER 2013 Secondary Schools (Accountability) 446

[Mr Laws] subjects. One of the great benefits of today’s announcement is that there will not be the pressure on schools, which purpose and will ensure that young people in this country was there in the past, to focus only on five GCSE are as well prepared as those in other top education subjects. For many students that created far too narrow countries. a curriculum at the age of 16.

Julie Hilling (Bolton West) (Lab): The Minister’s Alun Cairns (Vale of Glamorgan) (Con): I welcome announcement on early entry—made to the media, it the Minister’s statement, which will help parents to has to be said, not to the House—has created huge make an informed judgment when exercising choice for anger and great disruption to pupils and schools in my their children’s education. A great deal of emphasis has constituency. Did he talk to head teachers about why been placed on the progress from the outcomes of key they do early entry, and will he commit to giving longer stage 2 to expectations at key stage 3. What consideration notice periods and to stop announcing changes that has he given to consistency across different educational have immediate detrimental effects on pupils in the institutions? middle of their courses and exam preparation? Mr Laws: We want to see consistency right across Mr Laws: I do not think we can be accused of leaping educational institutions. The changes we have announced too rapidly to conclusions when we have just completed today will create much better consistency in accountability an eight-month consultation process on the changes measures, and will not focus only on those institutions that we are discussing today. It would be negligent of us with lower attainment and lower prior achievement. to stand back and ignore the recommendations being This will be a fairer way of judging every single educational made by Ofsted and others, and the dramatic figures institution in the country. that we have seen in the past year or so, which suggest that a vast amount of money is being sunk into exam Bill Esterson (Sefton Central) (Lab): The issue of fees rather than into teaching—behaviour that is not multiple exam entries—in particular in maths—has been potentially in the best interests of some of the most raised with me by a number of constituents. In September, disadvantaged youngsters. We have spoken to many pupils were told that they would be entered for an exam head teachers and head teachers’ bodies about this. The in November. A few days later, as a result of the timing has been controversial, but many head teachers Government’s announcement, schools had to make have told us that there were problems and abuses in this the decision that that would not be right because of the area and that these changes are sensible, impact it would have on league tables. Would it not be better to consider the impact on students—given the Guy Opperman (Hexham) (Con): The Minister visited very high numbers involved, which the Minister has Hexham schools this summer, for which I am grateful. mentioned a couple of times—rather than timing the He will know that they are outstanding and that they announcement for party conference season? will welcome these accountability reforms, including the destination measures that he outlined. Could he Mr Laws: This announcement was not timed for the give the House a little more explanation of how, through party conference season; it was timed on the basis of over-achievement, a school can avoid the next year’s the evidence available to us. If schools believe that Ofsted inspection? young people should be entered in November, they are perfectly at liberty to do that—we have done nothing to Mr Laws: I am grateful to my hon. Friend for arranging stop them. Indeed, if they are confident that students the visit to his constituency some months ago. I very will be able to secure their best grades at that time, they much enjoyed visiting a couple of schools in his part of should put the students in for the exam. If, however, the the country. Those schools that achieve a particularly students will achieve onlyaCgradewhenthey could high level of progress—one grade more than expected—will have achievedaBoranAlater,schools should think have that exemption from Ofsted inspection, and that twice. will send out a clear signal to those schools that we are rewarding the extraordinary progress that they are making. Graham Evans (Weaver Vale) (Con): I warmly welcome the Minister’s statement. As the father of three children Kerry McCarthy (Bristol East) (Lab): I am sure the in a state school, I have always been frustrated by the Minister is an avid reader of “ConservativeHome”, so smoke and mirrors used by some state schools. Does the he will have seen the blog post by the hon. Member for Minister agree in exposing coasting schools, rather than Kingswood (Chris Skidmore) in August in which he rewarding them like the previous Labour Government talked about did? “a new social divide in subject choices.” He said that pupils from state schools, in particular Mr Laws: This information will expose coasting schools. pupils on free school meals, often went for the softer It will also expose any school that has been focusing its options. Will the Minister confirm what I think he said curriculum offer in a narrow way and not delivering the in his statement: that arts and vocational subjects are breadth that young people need. The data based on the considered high value, and that performance and attainment new accountability measures will shine an interesting in those subjects will be rewarded? light both on schools that are perhaps not as good as they thought they were, and on schools that looked like Mr Laws: Yes, I certainly can. In the best eight they were at the bottom of the table but are actually measure there will be three spaces reserved for subjects achieving good results given the prior attainment of that can include arts, music, and vocational and other their students. 447 Secondary Schools (Accountability)14 OCTOBER 2013 Secondary Schools (Accountability) 448

Meg Hillier (Hackney South and Shoreditch) (Lab/ Jackie Doyle-Price (Thurrock) (Con): Does my right Co-op): The Public Accounts Committee has been calling hon. Friend agree that, at a time of declining social for greater financial accountability of schools and it is mobility, it is important to tackle coasting schools to not clear from the Minister’s statement whether the new make sure that they do not fail the brightest pupils from data portal will include that, or how open the data will the most modest backgrounds and that all schools have be. Will he come to Shoreditch and allow some of our a responsibility to have a programme for talented children, tech businesses to work with him and the Department which should not be just an optional extra? on that data so that we have a telephone app that tells parents about the quality of the schools they are choosing? Mr Laws: I entirely agree with my hon. Friend. One of the deficiencies of the existing accountability regime Mr Laws: I am happy to pursue the issue further with is that it is too easy for schools in comfortable catchment the hon. Lady. I have already promised a visit to areas to coast and to fail to deliver for many of their Birmingham, so I am not at this stage ready to promise pupils. They are not in the spotlight at present; they will a visit to Shoreditch. I would, however, certainly like to be in the future. engage with her on this topic. [Interruption.] Damian Hinds (East Hampshire) (Con): Of all this Mr Speaker: I am grateful for the sedentary chuntering. Government’s school reforms, is this perhaps the most It has to be said that the place the hon. Lady has in significant in terms of its breadth of impact right across mind is nowhere near Birmingham, but I am sure that education, ensuring that teachers’ efforts on behalf of the Minister, who is a man of prodigious brainpower, all pupils are fully recognised? Does the Minister anticipate will be fully conscious of that fact. a warm welcome from teachers, who will be able to do what they entered this noble profession to do: to deliver Sir Bob Russell (Colchester) (LD): As a former pupil a broad education free from the artificial constraints of of St Helena secondary modern school for boys, I the C/D borderline? thank the Minister for taking the first step in 50 years to address the educational imbalance between academic Mr Laws: I agree with my hon. Friend. I believe that and non-academic subjects. The Minister mentioned today’s announcement has so far been warmly welcomed vocational subjects, one of which was engineering, but by teachers’ organisations and others. It will allow a he was silent on building trade skills and motor mechanic good measure of accountability—an intelligent accountability skills. Will he give an assurance that they will form part that drives the right results and the right behaviours at of the vocational subjects, and with the holistic approach all schools. of “schools for life”, does he agree that first aid should be part of the curriculum? Christopher Pincher (Tamworth) (Con): I welcome the statement. Pursuant to the point about key stage 2 Mr Laws: I welcome my hon. Friend’s welcome for raised by my hon. Friend the Member for Kingswood these announcements, but I fear that on the issue of (Chris Skidmore), may we use this opportunity to encourage first aid, I will be unable to give him a different answer greater integration between secondary and primary from the one given on previous occasions by the Secretary schools? All too many students go to secondary school of State. On my hon. Friend’s wider point, it is important at the age of 11 with a reading age of 7, and many of for all serious, high-value vocational qualifications to them are condemned to fail at GCSE the moment they be accessible through this route. He will know that we walk through the door of their secondary school. We have taken a close look at the whole suite of vocational need to see greater linkage between secondaries and qualifications to make sure that there are serious equivalents primaries, so that those secondaries are able to identify because of some of the problems that arose under the potential challenges in their future cohorts as early as last Government. If he is concerned about particular possible. qualifications, he should write to me and I will respond in detail. Mr Laws: I agree with my hon. Friend, who makes an extremely important point. He will know that as part of Chris Skidmore (Kingswood) (Con): I am honoured our proposals on primary accountability, we are significantly to be mentioned by my constituency neighbour, the increasing the bar for what success looks like at the end hon. Member for Bristol East (Kerry McCarthy). I of primary school. We are doing that because pupils at absolutely welcome the progress measure, but on its the end of primary school who achieve only the level of detail, will the key stage floor target be taken at the end attainment set as a measure of achievement by the of year 6 or the beginning of year 7, given the overwhelming previous Government overwhelmingly go on to fail evidence and research showing that achievement at key even the existing five good GCSE measure. We cannot stage 2 drops over the summer before they arrive at possibly allow a level of success at the end of primary secondary school? school that prepares students for failure rather than success in secondary school. Mr Laws: My hon. Friend raises a very good point. We will use the end of key stage 2 data. As an expert on Richard Fuller (Bedford) (Con): Effective implementation these matters, he may want to probe annexe B of our is likely to require accountability to run both ways. consultation response, which sets out in some detail Head teachers who are inspired by this and other measures how this aspect will work. We will also make sure that to tackle educational underachievement have the right proper credibility pertains to all the key stage 2 data. to know that the Department for Education, the Education Because it will be used to measure secondary schools’ Funding Agency and Ofsted are there to help them, and achievement, it is even more important than it is now that their interactions with those agencies will be courteous, for this data to be fully credible and properly stress-tested. open and effective. Will the Minister do his part, in 449 Secondary Schools (Accountability)14 OCTOBER 2013 Secondary Schools (Accountability) 450

[Richard Fuller] have made on GCSE results—particularly St Anne’s school, where there has been a remarkable 28% improvement. I respect of accountability, to ensure that those agencies especially welcome the new progress measures that the support the head teachers who are in the front line when Minister has announced, and I commend his statement it comes to making these changes happen? for its fairness. Broomfield school, which is just down the road from St Anne’s and of which I am a governor, Mr Laws: I will certainly do that. Head teachers want has come out of special measures and is making good to feel that they are supported by all parts of the progress, but in terms of GCSE results it has to deal education system, including our Department, and they with a very challenging intake, not least the pupils who want an accountability system which they see as fair leave key stage 2 lacking basic numeracy and literacy and which drives the right incentives. I believe that what skills. I have announced today will give them that. Mr Laws: I entirely agree with my hon. Friend. I am Dr Thérèse Coffey (Suffolk Coastal) (Con): I welcome delighted to hear that, as ever, a warm welcome awaits the statement, and particularly the fact that English and the Secretary of State, at that school and indeed all maths will be given double weighting in the new table. I others in the country. am sure that that will lead to a greater quality, if not quantity, of teaching. Will my right hon. Friend consider David Rutley (Macclesfield) (Con): I, too, welcome publishing draft data so that parents can have the the statement. I am particularly pleased to be able to necessary information before attending open evenings add my welcome and support to those of many employment and choosing secondary schools for their offspring? organisations. I especially welcome the focus on destination measures: true outcomes of educational attainment. Mr Laws: My hon. Friend is right to draw attention Can the Minister shed more light on that? Will the to the double weighting of English and maths, which we destinations include apprenticeships and higher think sends a clear signal about the crucial role of those apprenticeships, and are there lessons to be learnt from subjects. We will do what we can through the data other countries for the purpose of this important measure? portal to give parents as much information as possible about the issues, as soon as possible. We will also ensure that the key measures are published on the website of Mr Laws: Obviously we will be considering educational every single school so that parents can see what they destinations, apprenticeships, and employment destinations often cannot see at present, namely a consistent comparison with training. We need to ensure that we can collect all of the key performance indicators of all schools. the information properly so that when schools receive it on their websites they recognise it, regard it as fair, and Mr Philip Hollobone (Kettering) (Con): Any system regard the Government as having captured accurately of school or pupil assessment which results in all pupils’ data which currently we do not possess in a single place, being pushed to do the very best that they can must be a but believe that we can bring together. good thing, but can the Minister explain to parents in Kettering—without using any departmental jargon—at Robert Halfon (Harlow) (Con): Is my right hon. what stage children’s predicted GCSE results will be Friend aware that under the leadership of Helena Mills, established, and how that measure of progress, whether Burnt Mill academy in Harlow has this year achieved it be one grade above or one grade below, will be 76% A to C grades in maths and English at GCSE, assessed and audited? compared with a figure of just 27% a few years ago, by carrying out many of the measures that he set out and Mr Laws: Yes, I can. I refer the hon. Gentleman to having a relentless focus on maths and English? Will he annexe B, which we published today and which will look at such schools to see examples of good practice provide him with a fair amount of detail about how we and how the new accountability system works? will calculate the measure. I hope that that reassures him, but I shall be happy to meet him if he wants to Mr Laws: I am delighted to hear from my hon. discuss the matter further. Friend about the success of his local school. We are always looking at what we can learn from examples of Mr David Burrowes (Enfield, Southgate) (Con): My schools that do so fantastically well, and we hope that constituents cannot wait for the Secretary of State’s the new accountability regime will be welcomed by his forthcoming visit to see the good progress that schools local school. 451 14 OCTOBER 2013 Points of Order 452

Points of Order from the material available to me nothing disorderly has occurred. It is often the case that a question put to one Minister can be judged, perfectly reasonably, to be more 4.20 pm within the purview of another. If such a judgment has Mr Andrew Smith (Oxford East) (Lab): On a point been made, it is not for the Chair to quibble with it. I do of order, Mr Speaker. On behalf of my constituent not seek to engage the hon. Gentleman further at this Mr Peter Hitchens, I wish to raise concern about the time, so he should not spring to his feet and recite to me remark made about him in this House in the Syria the question he had posed. I think it is fair to record debate on 29 August by the hon. Member for Braintree that in his otherwise unexceptionable letter to me on the (Mr Newmark), who said, in reference to an article by matter dated today he does not say what the question Mr Hitchens: was. I have at this stage to conclude that the transfer, though from his vantage point frustrating, was, as I say, “Peter Hitchens wrote recently, in support of the Assad regime, that the Syrian Government were not lying and that it made not disorderly. But he is nothing if not a perspicacious ‘more sense’ for the opposition to poison and kill more than terrier, and I feel sure that he will use all his intellectual 1,000 of their own people.”—[Official Report, 29 August 2013; and political resources to test the Deputy Prime Minister Vol. 566, c. 1503.] in another way on a different occasion. We will leave it Mr Hitchens has raised this matter with your office and there, and I hope that the hon. Gentleman is satisfied. directly with the hon. Member for Braintree, as have I, Kevin Brennan (Cardiff West) (Lab) rose— but it remains unresolved. Mr Hitchens does not support the Assad regime, and it is clear from his articles that he Chris Bryant (Rhondda) (Lab) rose— does not. He is concerned that this allegation currently rests on the Hansard record without challenge or correction. Mr Speaker: I like saving up the hon. Member for I am sure that you would agree, Mr Speaker, that it is Rhondda (Chris Bryant) until last, so we will take a important, in debate, that we argue on the basis of what point of order from Mr Kevin Brennan. those who disagree with us actually say, rather than what we might choose to attribute to them. I hope Kevin Brennan: On a point of order, Mr. Speaker. I through this point of order to have corrected the record apologise for not being able to give you notice of this. on behalf of my constituent. The highly acclaimed Ensemble Al-Kindi from Syria was due to appear next week in Cardiff at the world Mr Speaker: I am grateful to the right hon. Gentleman music exhibition but have been denied visas, despite the for his point of order and for his courtesy in giving me fact that the following week they will be performing in advance notice of his intention to raise it, as well as for Helsinki at the Savoy theatre and have visas for the sharing his intentions by letter and e-mail with the hon. Schengen area from France. Is there any means by Member for Braintree (Mr Newmark). For my own which I could draw this case to the attention of Ministers part, speaking from the Chair, I would not seek for one for their urgent consideration today so that they can moment to interpose myself in a dispute or altercation look at it with a view to reviewing it? between the hon. Member for Braintree and Mr Peter Mr Speaker: I think that the hon. Gentleman knows Hitchens. I think that the point stands as the right hon. that he has found his own salvation. He has just drawn Gentleman has made it, and I would just like to say that it to the attention of those on the Government’s Front the hon. Member for Braintree said what he judged and Bench. The Government Chief Whip, the Patronage judges to be right. He was perfectly entitled to do so, Secretary, is in his place, as are other distinguished and and I make no criticism of him. Mr Peter Hitchens is senior Ministers. I cannot say that I am familiar with well known to me. I have been acquainted with him for the ensemble concerned, and I have no responsibility, of a great many years and disagreed with him for almost course, for migration or visa policy. I can say only that if all of those years on almost all matters under the the ensemble is anything like as good as the hon. sun, but it is a matter of almost uncontested fact that Gentleman when he is playing in MP4, the people of Mr Hitchens is a man of both provocative talent and Cardiff will be sorely deprived by the absence of the unimpeachable integrity. We will leave the matter there. said ensemble. We will leave it there for now. Steve Rotheram (Liverpool, Walton) (Lab): On a Dr Julian Lewis (New Forest East) (Con): On a point point of order, Mr Speaker. I wonder whether you will of order, Mr. Speaker. Sadly, this is one of my points of indulge me with the benefit of your extensive expertise order that will not find its own salvation. You will be in all things procedural in this Chamber. I was pulled aware that it is very unusual for the head of the Security out of the shuffle for questions to the Deputy Prime Service, MI5, to make a public statement about a leak Minister tomorrow but have subsequently been notified of information, and in this case he has said that it has by the Cabinet Office that the DPM is refusing to done extreme damage to the security of this country. answer my question on constitutional reform. Can you Given that the Secretary of State for Business, Innovation offer me guidance as to how I may challenge that and Skills has made a pronouncement that The Guardian decision, so that the Deputy Prime Minister is held has acted in the public interest in its role in leaking this accountable by Members of this House? information, have you had notice of any intention to have a statement from a Cabinet Minister on whether Mr Speaker: I am grateful to the hon. Gentleman for the concept of collective Cabinet responsibility still his point of order and for giving notice of his intention applies? to raise it with me. I simply say to him that it has always been for the Government to decide which Minister is Mr Speaker: I have received no indication that any responsible for answering questions. I understand the Minister intends to come to the Dispatch Box to opine on hon. Gentleman’s frustration, but as far as I can see that matter. Whether knowledge that the hon. Gentleman 453 Points of Order14 OCTOBER 2013 Points of Order 454

[Mr Speaker] All of those proposals will be reflected upon, but on a serious note, I do say to Ministers that it is deeply is keen for one or other of them to do so would act as an unsatisfactory, and should be a source of some shame incentive or a disincentive to do so, I leave the House to to Ministers, including those who have overall responsibility speculate. We will leave it there for now. I hope that the for conduct, when delays of this kind take place. Quite appetite of the House is now about to be satisfied by the apart from considerations of efficiency, it is simply hon. Member for Rhondda. rude. I know that it is not something that the Chief Whip would ever want because he is among the most Chris Bryant: On a point of order, Mr Speaker. I am courteous people in the House, but it really should be afraid that I need salvation from you, because on 24 May gone. I say in fairness that when the Government Chief I tabled two questions to the Minister for Immigration Whip was Leader of the House he was always most at the Home Office, numbers 157647 and 157648. They solicitous in pursuing these matters with Ministers, and were named day questions, which were meant to be I feel sure that the Leader of the House, who is temporarily replied to on 5 June. They were actually replied to on unavailable to us for a very short period, will, when he 8 October. That is not the worst of it. I tabled another returns, get on to the matter without delay. I know that named day question on 16 May to the same Minister, if that does not happen, the hon. Gentleman will be on which was meant to have been replied to on 21 May, to me again, so we must find a solution. and it has still not been replied to. The Minister sends flummoxing answers. BILL PRESENTED May I make some suggestions on how we might deal with the Home Office that you might be able to take up? NATIONAL INSURANCE CONTRIBUTIONS BILL First, we could print every reply that is late in red on Presentation and First Reading (Standing Order No. 57) the Order Paper, so that we all know quite how often the Mr Chancellor of the Exchequer, supported by the Home Office is late. Or we could introduce a late answer Prime Minister, the Deputy Prime Minister, Secretary penalty of £100, taken off a Minister’s salary, for every Vince Cable, Mr Secretary Duncan Smith, Danny question that is answered late; I do not think that the Alexander, Mr Sajid Javid, Mr David Gauke and Nicky Home Secretary would be receiving any salary at all this Morgan, presented a Bill to make provision in relation year. Or you could give them all a dressing-down. to national insurance contributions; and for connected purposes. Mr Speaker: I am grateful to the hon. Gentleman, Bill read the First time; to be read a Second time who not only raises a problem but proffers a solution, tomorrow, and to be printed (Bill 112) with explanatory which it is extraordinarily generous of him to do all in notes (Bill 112-EN). one go. My own response is rather prosaic I am afraid. In the immediate term, I suggest to the hon. Gentleman— and I mean it very seriously—that he takes the matter ANTI-SOCIAL BEHAVIOUR, CRIME AND up directly with the hon. Member for Broxbourne POLICING BILL (WAYS AND MEANS) (NO. 2) (Mr Walker), the Chair of the Procedure Committee. Resolved, [Interruption.] He says that he has already done that. I That, for the purposes of any Act resulting from the Anti-Social should have thought that the Procedure Committee Behaviour, Crime and Policing Bill, it is expedient to authorise the would be dissatisfied. [Interruption.] The hon. Gentleman charging of fees which– chunters from a sedentary position that he has written (a) relate to applications under Part 5 of the Police Act 1997, and to me, and I am advised thus by my secretary, but I have (b) are of an amount determined in a way that takes into account not yet seen the letter. When I have done and a reply is the costs associated with such applications in cases where no fee is penned, it will wing its way to the hon. Gentleman. payable.—(Damian Green.) 455 14 OCTOBER 2013 Anti-Social Behaviour, Crime and 456 Policing Bill (Programme) (No. 2) Anti-Social Behaviour, Crime and Policing these provisions. The programme motion accordingly Bill (Programme) (No. 2) provides that we have until 7 pm today to debate the new clause and the associated Government amendments. 4.31 pm Thereafter, it provides for the Bill’s antisocial behaviour and fire arms provisions and the related new clauses to The Minister for Policing and Criminal Justice (Damian be considered on this first day on Report, while all other Green): I beg to move, provisions, including those relating to schedule 7 to the That the following provisions shall apply to the Anti-Social Terrorism Act 2000, extradition and dangerous dogs, Behaviour, Crime and Policing Bill, in place of paragraphs (4) will be considered tomorrow. and (5) of the Order of 10 June 2013: (1) Proceedings on Consideration and proceedings on Third Dr Julian Huppert (Cambridge) (LD): I am glad that Reading shall be taken in two days in accordance with the we have more time available for debate, but does the following provisions of this Order. Minister share my concern that the debate on schedule 7 (2) Proceedings on Consideration– to the 2000 Act, which we are supposed to have tomorrow, (a) shall be taken on the days and in the order shown in the along with many other matters, from the Opposition’s Table proposals to ban synthetic caffeine through to much (b) shall (so far as not previously concluded) be brought to a else, have at most a two-hour slot until 2.30 pm? Is there conclusion at the times shown. any way we could save time on the Deep Sea Mining Bill Table and have more time to discuss those matters? Time for conclusion of Proceedings proceedings Damian Green: I do not agree with my hon. Friend that there is an unfair allocation of time, either between New Clauses and new 7.00pm on the first day this Bill and others, as he mentioned, or within the Schedules relating to the provisions of the Bill. I think that we have achieved a protection of persons from harm of a sexual nature or fair allocation of time among the many important relating to violent offender issues the Bill addresses. That should allow the House orders. sufficient opportunity to consider both the Government amendments and others that have been tabled. As I New Clauses and new 10.00pm on the first day Schedules relating to Parts 1 have said, underlying the programme motion is the fact to 6 or otherwise relating to that we have extended the time the House has to consider anti-social behaviour; the Bill on Report from one day to two days. I hope that amendments to Parts 1 to 6; the House will agree to the motion quickly so that we new Clauses and new can get on to debating the many substantive issues Schedules relating to firearms; before us. amendments to Part 8. Remaining new Clauses and 2.30pm on the second day new Schedules, except those 4.34 pm relating to the control of dogs; Jack Dromey (Birmingham, Erdington) (Lab): I thank amendments to Parts 9 to 13. the Minister for his kind comments and pay tribute to New Clauses and new 4.30pm on the second day my predecessor, my right hon. Friend the Member for Schedules relating to the Delyn (Mr Hanson), in whose giant footsteps I am control of dogs; amendments privileged to walk. He has been an outstanding Minister to Part 7; remaining and shadow Minister, a great champion of the police proceedings on Consideration. service and one of the finest Members this House has (3) Proceedings on Third Reading shall (so far as not previously seen in many years. concluded) be brought to a conclusion at 5.30pm on the second I rise to urge the House to reject the programme day. motion. I do so not because programme motions are I start by congratulating the hon. Member for inappropriate in general—far from it—but because in Birmingham, Erdington (Jack Dromey) on his appointment this case the programme motion is being used to curtail as the new shadow Policing Minister and wishing him debate and because the Government are running scared well. I am sure that he and I will spend many happy after having lost a number of votes in Committee, and a hours debating this important issue. I wish him many Whip and a Minister, during the deliberations on this happy years on the Opposition Front Bench. Bill. The programme motion extends the time available for As my right hon. Friend the Member for Normanton, consideration on Report from one day to two days. Pontefract and Castleford (Yvette Cooper) pointed out Among the new clauses that have been tabled is new on Second Reading, while there are measures in this Bill clause 5, tabled by my hon. Friend the Member for that we support—crucially, the new child protection Oxford West and Abingdon (Nicola Blackwood) and measures—it is a Christmas-tree Bill with a bit on a co-sponsored by 67 other right hon. and hon. Members. number of measures. There is a bit on police standards, It seeks to provide for a new child sexual abuse prevention a bit on guns and a bit on dogs, but in none of those order. The Government agree that the civil prevention areas does the Bill go far enough, and it is weak on orders under part 2 of the Sexual Offences Act 2003 are tackling antisocial behaviour. It weakens antisocial in need of reform and have therefore also tabled some behaviour powers at a time when the Office for National substantial amendments on the issue. Statistics shows there is concern among the public that Given the level of support for new clause 5 and the antisocial behaviour is increasing, with eight in 10 telling serious issues it seeks to address, it is right that the the ONS it has increased in their direct experience over House should be afforded sufficient time to debate the past year. 457 Anti-Social Behaviour, Crime and 14 OCTOBER 2013 Anti-Social Behaviour, Crime and 458 Policing Bill (Programme) (No. 2) Policing Bill (Programme) (No. 2) Mr Tom Clarke (Coatbridge, Chryston and Bellshill) robust action in the form of dog control notices, which (Lab): Is my hon. Friend aware that there is a great deal have worked so effectively in Scotland, will not receive of support for the point of view he is expressing, not proper debate, and to ensure that they do not lose the least from my constituency on the issue of protecting vote—a decision condemned by Michael Anderson. children from sexual exploitation? Will he therefore feel It may be that I am naturally suspicious, but in the very confident in promoting the case he is now putting? Government’s conduct over dangerous dogs, I smell a rat. First, we had the removal of the Minister who Jack Dromey: This issue will be addressed shortly, promised that the Government would review action on and there is widespread consensus across the House on dangerous dogs and bring back proposals on Report, the importance of strengthening powers to protect children. and then the new Minister, the hon. Member for Lewes It is with this in mind that we express our concern (Norman Baker), last week waited until after the deadline about the programme motion, which will curtail debate for tabling amendments to inform the House that the on important measures, such as our proposals on dangerous Government will be doing no such thing. Now the dogs and measures on protection for public-facing workers, Government want to fix the timetable to avoid debate undercover policing and guns and also issues put forward and losing a vote. The Minister knows a thing or two by Members on the Government Benches, like extradition. about conspiracy theories, but I am sure he did not There are 89 pages of amendments and new clauses, expect to be involved in one quite so quickly. Despite his many of which have been tabled by the Government at being responsible for dogs and ASBOs, the Government the last minute as, sadly, has often become the case with do not even list him as a speaker in the debate. It would this Government. As a direct result, there will be little appear that he has been silenced less than a week into time to debate many of these important issues that we his tenure of office. I would urge him to investigate. and Members on the Government Benches have put I urge the House to reject the programme motion and forward. For absolute clarity, I should state that the encourage the Government to allocate more time for Opposition were asked whether we would support an debate. Any Government’s first duty to their citizens is extension of time for debate today and tomorrow, only to ensure their safety and security. Our citizens would for the Government then to cut the time for debate expect nothing less than these very important measures, tomorrow. What is most worrying is the sense that the but the motion fails to ensure that they are properly Government are using the programme motion because debated in this House. they are running scared of losing a vote on dangerous dogs, not least because many of their Members will be 4.42 pm partying at a social occasion elsewhere. Dr Julian Huppert (Cambridge) (LD): I congratulate Earlier today I met Michael Anderson, a fine man the hon. Member for Birmingham, Erdington (Jack whose 14-year-old daughter Jade was killed by four Dromey) on his new role and on his powerful speech, dangerous dogs. He came to this House hoping that we which came across very well and covered issues that he would properly debate taking tough action so that, as clearly cares about. However, I do not agree with his he said, no father would ever again suffer what he has factual interpretation. If we do not pass this programme suffered. This Bill offered the Government the perfect motion, we will be left with the programme motion that opportunity finally to bring forward the kind of tough we passed unanimously in this House previously, which legislation necessary to deal with dangerous dogs and means that we will have only the rest of today for irresponsible owners, but, despite support for action debate. I am afraid that the outcome of his suggestion is from MPs on both sides of the House, they failed to act. that we would have only five and a quarter hours to continue the debate, and I hope that we will not take up Bill Esterson (Sefton Central) (Lab): My hon. Friend too much of it with this discussion. I understand the highlights a very sad and tragic case extremely well to reason for his proposal, but unfortunately it suffers make his point. The point my constituents have made from the fact that it would curtail debate. He made an to me about both dangerous dogs and gun crime is that important point about having time to discuss dogs, and they are incredibly difficult subjects that need to be I am pleased to see that two hours are protected for that examined in great detail in order to get changes in the purpose. If we voted against this motion, we would risk law right. Anything rushed or done without proper having no debate on that issue at all. consideration runs the risk of not making things better, My concern about the programme motion relates to and possibly making them worse. the section covering the period until 2.30 pm on the second day, which deals with a whole collection of new Jack Dromey: My hon. Friend makes a very good clauses and new schedules on matters other than dogs, point. This is not just about the tough action that is with a maximum of two hours available for debate. necessary but about getting the right kind of action, They include forced marriage in Scotland, on which I and that can be ensured only by way of proper debate in will not claim to be an expert, court fees and compensation, this House. and a collection of policing and offences issues, including The Government gave a commitment in Committee several that I would like to raise about schedule 7 to the that they would review the maximum penalties for an Terrorism Act 2000, which needs to be curtailed. There aggravated offence under the Dangerous Dogs Act 1991, are a range of other issues about drugs policy and a but last week they waited until after a few minutes after section on extradition. For all that, we have available a the deadline for tabling new amendments to the Bill, maximum of two hours, which would be limited even then let the House know that they would bring forward further in the event of any statements or urgent questions. proposals on Report despite previous assurances to the I can accept voting for this motion because I have not contrary. Having failed to act, the Government now tabled an amendment, and nor has anybody else, that propose to fix the timetable so that our proposals for would protect that time. However, in the event of there 459 Anti-Social Behaviour, Crime and 14 OCTOBER 2013 Anti-Social Behaviour, Crime and 460 Policing Bill (Programme) (No. 2) Policing Bill (Programme) (No. 2) being statements or other things that delayed progress, at 5.30 pm on a Tuesday. Why can we not extend the will the Minister make sure that we have time to debate time available for consideration until the usual time these very important subjects? Will he at least discuss of 7 pm, which would at least give us nearly two extra with his colleagues whether there could be an amendment hours? I understand that Government Members are to the programme motion tomorrow to ensure that that keen to attend to certain social engagements. I was crucial time, which many of us care about, is protected? surprised to read in the press at the weekend that the Opposition had agreed to the programme motion when 4.44 pm they clearly had not. It has been a trend of this Government to believe that if they say something, it must be true, Mr Kevan Jones (North Durham) (Lab): First, I and if they keep saying something, it most definitely is congratulate my hon. Friend the Member for Birmingham, true. Erdington (Jack Dromey) on, and welcome him to, his new Front-Bench position. He has said that he has This House must do a proper job of scrutinising this nothing in principle against programme motions, but large piece of legislation, which contains some crucial had he been in the House before the last election he issues that will affect our constituents directly. The would have had to sit through the long debates in which allocated time is not sufficient to ensure that we do that. Members who now sit on the Government Front Bench used to argue that programme motions were an evil of 4.50 pm our age. They have not taken long to embrace programme motions or to use them as a way of curtailing debate. Mr Dominic Raab (Esher and Walton) (Con): I want briefly to put on the record my concern that the programme It is universally acknowledged that the Queen’s Speech motion does not allow for proper debate and scrutiny of was not jam-packed with proposed legislation, to the the Executive, in particular in relation to the extradition extent that we now routinely have Back-Bench business clauses and amendments. debates and Opposition days. This Government are reluctant to ensure that this House properly scrutinises I appreciate that there are limitations on the number Bills. If that is to happen, time has to be provided for it. of Back-Bench amendments that can be considered during the Report stage of any Bill. However, yet again, A number of Bills have been rushed through this place substantive clauses on extradition reform that were with undue haste this Session, only to then be filleted in tabled in Committee risk not being properly scrutinised the other place, where more time is given for scrutiny. by the House. The extradition proposals make up the Sometimes that has been down to bad draftsmanship, last of four clusters of amendments to be debated and this Bill is a good example of that. My hon. Friend tomorrow between 2.30 and 4.30 pm, so the chances are has already referred to the 89 pages of amendments and that we will have no time to debate them. new clauses that have been tabled, which smacks to me of there being something wrong with the drafting of This is not the first time that that has happened. The the Bill. Government’s new forum test for US and EU extradition was tabled during the Committee stage of the Crime My hon. Friend said that this is a Christmas tree Bill, and Courts Bill earlier this year. The House was again but I would say that it is a dog’s breakfast—a dangerous timed out of any consideration on Report back in dog’s breakfast—of a Bill. If we look back at previous March. attempts to legislate on the serious issue of dangerous dogs, we will see that getting it wrong can cost lives, so it The broader context is that the Prime Minister and is very important that we get it right this time. That can the Deputy Prime Minister have loudly promised extradition only be done through proper scrutiny by the House. reform. It is in the coalition programme, no less. The legislative proposals follow an independent inquiry by Mr Mike Hancock (Portsmouth South) (Ind): In the Sir Scott Baker, which was conducted at great public absence of any amendment to the programme motion, expense. It is surely vital that we properly consider the what could the House possibly gain from voting against case for reform and deliver on the promises that have it? If we did so we would, in effect, lose a whole day. been made. Unbelievably, the Government’s forum clause, which Mr Jones: I welcome the hon. Gentleman, whose was slipped into the Crime and Courts Bill and which presence in the House has been limited because of becomes law today, is worse than the status quo. It illness, to his place. The fact of the matter is that there is makes the repetition of unjust cases, such as those of a general trend under this Government to limit the time Gary McKinnon and Richard O’Dwyer, more likely, to consider all Bills, not just this one. not less. We have had no chance to debate the substance The Bill raises serious issues and has a wide scope, of those proposals on the Floor of the House. They as the hon. Member for Cambridge (Dr Huppert) has have had precious little critical, substantive scrutiny. said. It covers everything from the important issue of The proposed safeguards for the European arrest dangerous dogs to forced marriage and major issues of warrant in this Bill are more positive, but they are still police reform, including a provision allowing foreigners too weak. Again, they were introduced in Committee to become police chiefs. Also—I know this is an issue of and the whole House should have an opportunity to huge concern to some Government Members—it relates consider amendments to strengthen them, not least to the Terrorism Act 2000 and extradition. If we are to because they will form the basis of the Government’s have a serious debate about such issues and ensure case for opting back into the European arrest warrant public confidence in us, we need more time than that later this year. The programme motion makes it highly allotted by the programme motion. likely that we will be timed out again. I fear that that The Minister has said that the programme motion will weaken the Government’s case for opting back into is generous because it gives us an extra day, but that is the European arrest warrant, when I believe the intention not the case, unless the Minister’s day usually finishes was to strengthen the case. 461 Anti-Social Behaviour, Crime and 14 OCTOBER 2013 Anti-Social Behaviour, Crime and 462 Policing Bill (Programme) (No. 2) Policing Bill (Programme) (No. 2) [Mr Dominic Raab] My constituent Andrew Symeou spent two years out of the country as part of a four-year period of great It may be a clever device to avoid proper scrutiny, but disruption to his and his family’s life, including one year it comes at a price to our democracy. First, it means that in jail. He was then rightly returned to this country Parliament is not properly scrutinising the powers that when the Greek authorities finally threw out his case the Executive wield over innocent British citizens. Secondly, after four years. I made him a promise that during my the lack of scrutiny leaves empty and undelivered the time in the House, I would fight to ensure that others heady political promises that have been made about did not go through what he did. We had the opportunity extradition reform by politicians across this House. I to take that fight to the Floor of the House and discuss urge the Government to think again and to guarantee in detail how to make the situation better. Unfortunately, enough time for even a short, modest debate about through the programme motion, the House has denied these important clauses. him the right to have it discussed and denied me the right to be his voice. That is a matter of regret and will 4.54 pm make it difficult for me to form a positive judgment Mr Graham Allen (Nottingham North) (Lab): The about opting back into the European arrest warrant, Minister will know that the city of Nottingham has a since the House has been denied the opportunity to very good record of tackling antisocial behaviour, built challenge, probe and, hopefully, improve it. on the alliance between the police, police community support officers and community protection officers. He will know that because I have written to him on several 4.57 pm occasions about the issue. Julie Hilling (Bolton West) (Lab): I will not detain Does the Minister think that we will have sufficient the House long, particularly while we are discussing the time to discuss the police’s powers of direction, which lack of time to debate the Bill, but I wanted to add my the city of Nottingham would like to extend in part to concern about the Government’s decision to curtail debate PCSOs and CPOs? Not every city is prepared to take on tomorrow. I fail to see what could be more important those powers, but the cities that are would find them of than debating issues of life and death. great benefit in the continuing battle against antisocial My constituent Royston Brett set off on Friday and behaviour, which is taking place in Nottingham and has cycled almost 250 miles from Atherton to Westminster beyond. to add his voice to those demanding more action to prevent dog attacks. He was supported on his journey 4.54 pm by Michael Anderson, the father of Jade Lomas Anderson, Nick de Bois (Enfield North) (Con): I am grateful who was tragically killed by four out-of-control dogs in to my hon. Friend the Member for Esher and Walton March. When Michael and Royston cycled into New (Mr Raab), who covered some of my points about why I Palace Yard at 1 o’clock today, they were extremely will find it difficult to support the programme motion. upset to learn that the Government were curtailing the I wish to speak specifically to the time allocated for debate. They do not understand how they can spend debating the European arrest warrant, which is of three days making such a heroic effort to raise the issue considerable interest to my constituent Andrew Symeou, of dangerous dogs, cycling in atrocious weather and by whom my view is informed and who has been a sleeping in the car, but MPs cannot be bothered to work victim of a failed and flawed process. through until the normal hour tomorrow. The significance of the issue means that we require The Government should rethink their strategy for the more time to debate it. Although the House has had Bill and ensure that we have adequate time to discuss many debates on the subject of the European arrest the 211 or so amendments. Jade and many thousands of warrant and extradition, at no point has it had the other victims of dog attacks deserve nothing less. chance to debate the extensive Scott Baker report that the Home Secretary commissioned, yet we are expected to have an informed opinion on detailed new clauses Damian Green rose— that are effectively the Government’s response to that report and that set out our future extradition policy. Mr Speaker: Order. I do not think that it is required The lack of time means that we will have no chance for the Minister to respond, but if he wishes to say some to examine how effective the reforms are, including further words, he can. those in the new clauses. My hon. Friend has tabled a significant number of amendments and new clauses that 4.58 pm I believe would strengthen the European arrest warrant and protect the rights of the British citizen, while still Damian Green: With the leave of the House, I will, broadly supporting the principle of opting back into it. Mr Speaker. Those amendments have drawn cross-party support, so I detect just the faintest whiff of synthetic indignation it is regrettable that we will probably not have the chance in the air. I remind the hon. Member for Birmingham, to address them because of the order in which the Erdington (Jack Dromey) that the Opposition did not groups of amendments will be taken tomorrow. Whatever vote against Second Reading, or against the original the reason behind that order, we need to discuss the programme motion, which provided for just one day on issues of temporary extradition, which sounds good but Report. They are objecting to having two days allowed could be strengthened to protect our constituents; of for the Bill, but they did not object to having one day. proportionality; and of whether we should discuss the Proceedings in Committee finished ahead of schedule, use of extradition as a last resort, not the first resort. Its and on Report the Opposition Front Benchers have use as the first resort has plagued the lives of many tabled just one amendment to the Bill’s 142 clauses, as citizens of this country who have been wrongfully extradited. well as five new clauses. 463 Anti-Social Behaviour, Crime and 14 OCTOBER 2013 Anti-Social Behaviour, Crime and 464 Policing Bill (Programme) (No. 2) Policing Bill (Programme) (No. 2) In opposing this second programme motion, the official Division No. 96] [5.2 pm Opposition are opposing the extra time on Report that the Government have volunteered. The Opposition did AYES not request extra time, but they now argue there is not Adams, Nigel Dorries, Nadine enough. As my hon. Friend the Member for Cambridge Afriyie, Adam Doyle-Price, Jackie (Dr Huppert) rightly pointed out, if the Opposition Aldous, Peter Drax, Richard succeed, the time devoted to discussing these important Alexander, rh Danny Duddridge, James issues will be reduced rather than increased. [Interruption.] Amess, Mr David Duncan Smith, rh Mr Iain The Opposition Whip can continue chuntering from a Andrew, Stuart Dunne, Mr Philip sedentary position as much as he likes, but he has left Arbuthnot, rh Mr James Ellis, Michael himself in the ridiculous position of voting for the Bill Bacon, Mr Richard Ellison, Jane to have less time devoted to it, rather than more. That is Baker, Norman Ellwood, Mr Tobias not effective opposition or Opposition whipping. Baker, Steve Elphicke, Charlie Baldwin, Harriett Eustice, George Perhaps I may correct one factual point. The hon. Barclay, Stephen Evans, Graham Member for Birmingham, Erdington said that the Barker, rh Gregory Evans, Jonathan Government waited until after the tabling deadline to Baron, Mr John Evennett, Mr David announce that they would not be tabling amendments Barwell, Gavin Fabricant, Michael on the maximum sentence in section 3 of the Dangerous Bebb, Guto Fallon, rh Michael Dogs Act 1991. That is not the case. The Minister of Beith, rh Sir Alan Farron, Tim State, Home Department, my hon. Friend the Member Bellingham, Mr Henry Featherstone, Lynne for Lewes (Norman Baker), wrote to my hon. Friend Benyon, Richard Field, Mark the Member for Bedford (Richard Fuller) on that issue Beresford, Sir Paul Fox,rhDrLiam last Thursday, and the tabling deadline for amendments Berry, Jake Francois, rh Mr Mark Bingham, Andrew Freeman, George to be debated tomorrow was last Friday. Indeed, Binley, Mr Brian Freer, Mike my hon. Friend the Member for Bedford has tabled Birtwistle, Gordon Fullbrook, Lorraine amendments on that issue, so we can debate it tomorrow. Blackman, Bob Fuller, Richard I take the point raised by my hon. Friends the Members Blackwood, Nicola Garnier, Sir Edward for Esher and Walton (Mr Raab) and for Enfield North Boles, Nick Garnier, Mark (Nick de Bois). Progress through the amendments tomorrow Bone, Mr Peter Gibb, Mr Nick will be a matter for the House, but I see no reason why Bottomley, Sir Peter Gilbert, Stephen there should not be an opportunity to debate the important Bradley, Karen Gillan, rh Mrs Cheryl reforms to our extradition arrangements. The protestations Brady, Mr Graham Glen, John Brake, rh Tom Goodwill, Mr Robert from the Opposition simply do not add up. Bray, Angie Gove, rh Michael Brazier, Mr Julian Graham, Richard Dr Julian Lewis (New Forest East) (Con): We have Bridgen, Andrew Grant, Mrs Helen often been in this situation and found that we have Brine, Steve Grayling, rh Chris not had enough time to debate important amendments. Brokenshire, James Green, rh Damian Would the Minister have any objection to some of the Brooke, Annette Greening, rh Justine important amendments being put to the vote if the Browne, Mr Jeremy Grieve, rh Mr Dominic guillotine falls before we have had time to debate them? Bruce, Fiona Gummer, Ben Bruce, rh Sir Malcolm Gyimah, Mr Sam Buckland, Mr Robert Halfon, Robert Damian Green: As my hon. Friend knows, it is not for Burley, Mr Aidan Hames, Duncan Ministers to decide whether things are put to the vote; Burns, Conor Hammond, rh Mr Philip that is up to the Chair. Burns, rh Mr Simon Hammond, Stephen The hon. Member for North Durham (Mr Jones) Burrowes, Mr David Hancock, Matthew prayed in aid what happened in previous Parliaments. Burstow, rh Paul Hancock, Mr Mike As I have said, this programme motion provides for Burt, Alistair Hands, Greg additional time on Report. Indeed, this is the sixth Bill Byles, Dan Harper, Mr Mark this Session that has received multiple days for its Cairns, Alun Harrington, Richard Carmichael, rh Mr Alistair Harris, Rebecca remaining stages. That is in stark contrast to the previous Carmichael, Neil Harvey, Sir Nick Government whom the hon. Gentleman supported and Carswell, Mr Douglas Haselhurst, rh Sir Alan who routinely provided for only one day on Report and Chishti, Rehman Hayes, rh Mr John Third Reading. There is much more scrutiny of Bills Chope, Mr Christopher Heald, Oliver under this Government than there was under the previous Clappison, Mr James Heath, Mr David Government, and if the Opposition succeed there will Clark, rh Greg Heaton-Harris, Chris be less parliamentary discussion—as is characteristic of Clegg, rh Mr Nick Hemming, John the Labour party—rather than more, which is what the Clifton-Brown, Geoffrey Henderson, Gordon coalition Government have introduced. Coffey, Dr Thérèse Hendry, Charles Collins, Damian Herbert, rh Nick On reflection, I hope the hon. Member for Birmingham, Colvile, Oliver Hinds, Damian Erdington will reconsider his position and allow the Cox, Mr Geoffrey Hoban, Mr Mark programme motion to pass without further ado so that Crockart, Mike Hollingbery, George we can get on with the substantive issues before the Crouch, Tracey Hollobone, Mr Philip House. Davies, David T. C. Holloway, Mr Adam Question put. (Monmouth) Hopkins, Kris Davies, Glyn Howell, John The House divided: Ayes 294, Noes 227. Djanogly, Mr Jonathan Hughes, rh Simon 465 Anti-Social Behaviour, Crime and 14 OCTOBER 2013 Anti-Social Behaviour, Crime and 466 Policing Bill (Programme) (No. 2) Policing Bill (Programme) (No. 2) Hunt, rh Mr Jeremy Prisk, Mr Mark Wiggin, Bill Wright, Jeremy Huppert, Dr Julian Pugh, John Williams, Mr Mark Wright, Simon Hurd, Mr Nick Randall, rh Mr John Williams, Roger Yeo, Mr Tim James, Margot Redwood, rh Mr John Williams, Stephen Young, rh Sir George Jenkin, Mr Bernard Rees-Mogg, Jacob Williamson, Gavin Zahawi, Nadhim Johnson, Gareth Reid, Mr Alan Willott, Jenny Tellers for the Ayes: Johnson, Joseph Rifkind, rh Sir Malcolm Wilson, Mr Rob Anne Milton and Jones, Andrew Robertson, rh Hugh Wollaston, Dr Sarah Mark Hunter Jones, Mr Marcus Rogerson, Dan Kawczynski, Daniel Rosindell, Andrew Kelly, Chris Rudd, Amber NOES Kirby, Simon Ruffley, Mr David Abrahams, Debbie Doran, Mr Frank Knight, rh Mr Greg Russell, Sir Bob Ainsworth, rh Mr Bob Doughty, Stephen Kwarteng, Kwasi Rutley, David Alexander, rh Mr Douglas Dowd, Jim Laing, Mrs Eleanor Sanders, Mr Adrian Alexander, Heidi Dromey, Jack Lamb, Norman Sandys, Laura Ali, Rushanara Dugher, Michael Lancaster, Mark Scott, Mr Lee Allen, Mr Graham Durkan, Mark Latham, Pauline Selous, Andrew Ashworth, Jonathan Eagle, Ms Angela Laws, rh Mr David Shapps, rh Grant Austin, Ian Eagle, Maria Leadsom, Andrea Sharma, Alok Bailey, Mr Adrian Efford, Clive Lee, Jessica Shelbrooke, Alec Bain, Mr William Elliott, Julie Lee, Dr Phillip Simpson, Mr Keith Balls, rh Ed Ellman, Mrs Louise Leech, Mr John Skidmore, Chris Banks, Gordon Engel, Natascha Lefroy, Jeremy Smith, Miss Chloe Barron, rh Mr Kevin Esterson, Bill Leslie, Charlotte Smith, Henry Beckett, rh Margaret Evans, Chris Letwin, rh Mr Oliver Smith, Julian Benn, rh Hilary Field, rh Mr Frank Lewis, Brandon Smith, Sir Robert Berger, Luciana Fitzpatrick, Jim Liddell-Grainger, Mr Ian Soames, rh Nicholas Betts, Mr Clive Flello, Robert Lloyd, Stephen Soubry, Anna Blackman-Woods, Roberta Flint, rh Caroline Lord, Jonathan Spelman, rh Mrs Caroline Blears, rh Hazel Flynn, Paul Luff, Peter Spencer, Mr Mark Blomfield, Paul Fovargue, Yvonne Lumley, Karen Stanley, rh Sir John Blunkett, rh Mr David Francis, Dr Hywel Macleod, Mary Stephenson, Andrew Bradshaw, rh Mr Ben Gardiner, Barry Main, Mrs Anne Stevenson, John Brennan, Kevin Gilmore, Sheila Maude, rh Mr Francis Stewart, Bob Brown, Lyn Glass, Pat May, rh Mrs Theresa Stewart, Iain Brown, rh Mr Nicholas Glindon, Mrs Mary Maynard, Paul Stewart, Rory Brown, Mr Russell Godsiff, Mr Roger McIntosh, Miss Anne Streeter, Mr Gary Bryant, Chris Goggins, rh Paul McLoughlin, rh Mr Patrick Stride, Mel Buck, Ms Karen Goodman, Helen McPartland, Stephen Stuart, Mr Graham Burden, Richard Greatrex, Tom Menzies, Mark Stunell, rh Sir Andrew Burnham, rh Andy Greenwood, Lilian Mercer, Patrick Sturdy, Julian Byrne, rh Mr Liam Griffith, Nia Metcalfe, Stephen Swales, Ian Campbell, Mr Alan Gwynne, Andrew Mordaunt, Penny Swayne, rh Mr Desmond Campbell, Mr Ronnie Hain, rh Mr Peter Morgan, Nicky Swinson, Jo Caton, Martin Hamilton, Mr David Morris, Anne Marie Swire, rh Mr Hugo Champion, Sarah Hamilton, Fabian Morris, James Syms, Mr Robert Chapman, Jenny Hanson, rh Mr David Mosley, Stephen Tapsell, rh Sir Peter Clark, Katy Harman, rh Ms Harriet Mowat, David Thurso, John Clarke, rh Mr Tom Harris, Mr Tom Mulholland, Greg Timpson, Mr Edward Clwyd, rh Ann Havard, Mr Dai Munt, Tessa Tomlinson, Justin Coaker, Vernon Healey, rh John Murray, Sheryll Tredinnick, David Coffey, Ann Hendrick, Mark Newmark, Mr Brooks Truss, Elizabeth Connarty, Michael Heyes, David Newton, Sarah Tyrie, Mr Andrew Cooper, Rosie Hillier, Meg Nokes, Caroline Uppal, Paul Cooper, rh Yvette Hodge, rh Margaret Norman, Jesse Vaizey, Mr Edward Corbyn, Jeremy Hodgson, Mrs Sharon Nuttall, Mr David Vara, Mr Shailesh Creagh, Mary Hood, Mr Jim O’Brien, rh Mr Stephen Vickers, Martin Creasy, Stella Hopkins, Kelvin Offord, Dr Matthew Villiers, rh Mrs Theresa Cruddas, Jon Howarth, rh Mr George Ollerenshaw, Eric Walker, Mr Charles Cryer, John Hunt, Tristram Opperman, Guy Walker, Mr Robin Cunningham, Alex Irranca-Davies, Huw Ottaway, rh Richard Wallace, Mr Ben Cunningham, Mr Jim Jackson, Glenda Parish, Neil Walter, Mr Robert Cunningham, Sir Tony James, Mrs Siân C. Patel, Priti Ward, Mr David Dakin, Nic Jamieson, Cathy Pawsey, Mark Watkinson, Dame Angela Danczuk, Simon Jarvis, Dan Penning, Mike Weatherley, Mike Davidson, Mr Ian Johnson, rh Alan Penrose, John Webb, Steve Davies, Geraint Johnson, Diana Perry, Claire Wharton, James De Piero, Gloria Jones, Graham Phillips, Stephen Wheeler, Heather Denham, rh Mr John Jones, Mr Kevan Pickles, rh Mr Eric White, Chris Dobson, rh Frank Jones, Susan Elan Pincher, Christopher Whittaker, Craig Docherty, Thomas Jowell, rh Dame Tessa Poulter, Dr Daniel Whittingdale, Mr John Donohoe, Mr Brian H. Kaufman, rh Sir Gerald 467 Anti-Social Behaviour, Crime and 14 OCTOBER 2013 468 Policing Bill (Programme) (No. 2) Keeley, Barbara Reed, Mr Steve Anti-social Behaviour, Crime and Kendall, Liz Reeves, Rachel Khan, rh Sadiq Reynolds, Emma Policing Bill Lammy, rh Mr David Reynolds, Jonathan Lavery, Ian Riordan, Mrs Linda [1ST ALLOCATED DAY] Lazarowicz, Mark Robertson, John Consideration of Bill, as amended in the Public Bill Leslie, Chris Robinson, Mr Geoffrey Committee Lewell-Buck, Mrs Emma Rotheram, Steve Lewis, Mr Ivan Roy, Mr Frank Llwyd, rh Mr Elfyn Roy, Lindsay New Clause 8 Love, Mr Andrew Ruddock, rh Dame Joan Lucas, Caroline Sarwar, Anas VIOLENT OFFENDER ORDERS Lucas, Ian Sawford, Andy ‘(1) In section 98 of the Criminal Justice and Immigration Act MacNeil, Mr Angus Brendan Seabeck, Alison 2008 (violent offender orders), after subsection (5) there is Mactaggart, Fiona Sharma, Mr Virendra inserted— Mahmood, Mr Khalid Sheerman, Mr Barry “(6) The Secretary of State may by order— Mahmood, Shabana Shuker, Gavin (a) amend subsection (3); Malhotra, Seema Skinner, Mr Dennis (b) make consequential amendments to subsection (4).” Marsden, Mr Gordon Slaughter, Mr Andy McCabe, Steve Smith, rh Mr Andrew (2) In section 147(5) of that Act (orders etc subject to McCann, Mr Michael Smith, Angela affirmative resolution procedure), after paragraph (d) there is McCarthy, Kerry Smith, Nick inserted— McClymont, Gregg Smith, Owen “(da) an order under section 98(6),”. McDonagh, Siobhain Spellar, rh Mr John (3) In section 99 of that Act (qualifying offenders), in McDonald, Andy Straw, rh Mr Jack paragraph (b) of subsection (5) (meaning of “relevant offence”) McDonnell, John Stringer, Graham after “a specified offence” there is inserted “, or the offence of McFadden, rh Mr Pat Stuart, Ms Gisela murder,”.’.—(Damian Green.) McGovern, Alison Sutcliffe, Mr Gerry Brought up, and read the First time. McGovern, Jim Tami, Mark McGuire, rh Mrs Anne Thomas, Mr Gareth 5.18 pm McKechin, Ann Thornberry, Emily McKenzie, Mr Iain Timms, rh Stephen The Minister for Policing and Criminal Justice (Damian McKinnell, Catherine Trickett, Jon Green): I beg to move, That the clause be read a Second Mearns, Ian Turner, Karl time. Miliband, rh Edward Twigg, Derek Miller, Andrew Twigg, Stephen Madam Deputy Speaker (Dawn Primarolo): With this, Mitchell, Austin Umunna, Mr Chuka it will be convenient to discuss the following: Morden, Jessica Vaz, rh Keith Government new clause 14—Sexual harm prevention Morrice, Graeme (Livingston) Vaz, Valerie orders and sexual risk orders, etc. Morris, Grahame M. Watson, Mr Tom Government new clause 15—Saving and transitional (Easington) Watts, Mr Dave provision. Munn, Meg Weir, Mr Mike Murphy, rh Paul Whiteford, Dr Eilidh New clause 5—Child sexual abuse prevention orders— Murray, Ian Whitehead, Dr Alan ‘(1) The Sexual Offences Act 2003 is amended as follows. Nandy, Lisa Williamson, Chris (2) For sections 123 (Risk of sexual harm orders: applications, O’Donnell, Fiona Wilson, Phil grounds and effect) to 129 (Effect of conviction etc. of an offence Onwurah, Chi Winnick, Mr David under section 128) substitute— Osborne, Sandra Winterton, rh Ms Rosie “123 Child Sexual Abuse Prevention Orders: Applications Owen, Albert Woodcock, John and grounds Perkins, Toby Wright, David (1) On the application of a qualifying person, or on conviction Pound, Stephen Wright, Mr Iain of a qualifying offence, a magistrates’ court may make a ‘child Powell, Lucy sexual abuse prevention order’ if it is satisfied that it is necessary Qureshi, Yasmin Tellers for the Noes: to make such an order for the purposes of protecting children Raynsford, rh Mr Nick Tom Blenkinsop and generally or any particular child from serious sexual harm from Reed, Mr Jamie Julie Hilling the defendant. (2) A qualifying person under subsection (1) shall be a chief Question accordingly agreed to. officer of police or an officer, of superintendant rank or above, in the NCA or other relevant agency to be decided by the Home Secretary. (3) In subsection (1) a defendant shall be considered to be convicted of a qualifying offence who— (a) is convicted of an offence listed in schedules 3 and 5; (b) is found not guilty of such an offence by reason of insanity; (c) is found to be under a disability and to have done the act charged against him in respect of such an offence; (d) is cautioned in respect of such an offence; “(1) A chief officer of police may apply for an order under this section in respect of a person who resides in his police area or who the chief officer believes is in, or is intending to come to, his police area. 469 Anti-social Behaviour, Crime and 14 OCTOBER 2013 470 Policing Bill (2) An application under subsection (1) may be made to a (3) Where a court makes a child sexual abuse prevention order magistrates’ court whose commission area includes— in relation to a person already subject to such an order (whether (a) any part of the police area, or made by that court or another), the earlier order ceases to have effect. (b) any place where it is alleged that the defendant (4) Section 3(3) applies for the purposes of this section and committed one or more offences listed in schedules 3 section 5. and 5. Child-SAPOs: variations, renewals and discharges Section 123: supplemental ‘(1) A person within subsections (2) may apply to the ‘(1) In this Part, ‘Child Sexual Abuse Prevention Order’ means appropriate court for an order varying, renewing or discharging a an order under section 123. child sexual abuse prevention order. (2) Subsections (3) and (4) apply for the purposes of Section 1. (2) The persons are— (3) ‘Protecting children generally or any particular child from (a) the defendant; serious sexual harm from the defendant’ means protecting (b) the chief officer of police for the area in which the persons under 18 or any person under 18, in or outside the defendant resides; United Kingdom, from serious physical or psychological harm (c) a chief officer of police who believes that the defendant caused by the defendant committing one or more offences listed is in, or is intending to come on to, his police area; in Schedule 3. (d) where an order was made on an application under (4) Acts, behaviour, convictions, and findings include those section 1(1), the chief officer or other qualifying occurring before the commencement of this Part. person who made the application. (5) In subsection (1)(1), a person shall also be considered to (3) An application under subsection (1) may be made— have been convicted of a qualifying offence if, under law in force (a) where the appropriate court is the Crown Court, in in a country outside the United Kingdom and whether before or accordance with rules of the court; after the commencement of this Part— (b) in any other case, by complaint. (a) he has been convicted of a relevant offence (whether or (4) Subject to subsections (5) and (6), on the application of the not he has been punished for it), court, after hearing the person making the application and (b) a court exercising jurisdiction under that law has made (if they wish to be heard) the other persons mentioned in in respect of a relevant offence a finding equivalent subsection (2), may make any order, varying, renewing or discharging to a finding that he is not guilty by reason of insanity, the child sexual abuse prevention order, that the court considers appropriate. (c) such a court has made in respect of a relevant offence a finding equivalent to a finding that he is under a (5) An order may be renewed, or varied so as to impose disability and did the act charged against him in additional prohibitions on or to lift prohibitions from the respect of the offence, or defendant, only if it is necessary to do so for the purposes of protecting children generally or any particular child from serious (d) he has cautioned in respect of a relevant offence. sexual harm from the defendant (and any renewed or varied (6) In subsection (5), a ‘relevant offence’ means an act which— order may contain only such prohibitions as are necessary for this purpose). (a) constituted an offence under the law in force in the country concerned, and (6) The court must not discharge an order before the end of five years beginning with the day on which the order was made, (b) would have consituted an offence within schedules 3 without the consent of the defendant and— and 5 if it had been done in any part of the United Kingdom. (a) where the application is made by a chief officer of police, that chief officer, or other qualifying person (7) An act punishable under the law in force in a country or outside the United Kingdom constitutes an offence under that (b) in any other case, the chief officer of police for the area law for the purposes of subsection (6), however it is described in in which the defendant resides. that law. (7) In this section ‘the appropriate court’ means— (8) Subject to subsection (9), on an applicatioin under section 1 (a) where the Crown Court or the Court of Appeal made the condition in subsection (6)(b) above (where relevant) is to be the child sexual abuse prevention order, the Crown taken as met unless, not later than rules of the court may provide, Court; the defendant serves on the applicant a notice— (b) where a magistrates’ court made the order, that court, a (a) stating that, on the facts as alleged with respect to the magistrates’ court for the area in which the defendant act concerned, the condition is not in his opinion resides, or where the application is made by a chief met, officer of police, any magistrates’ court whose (b) showing his grounds for that opinion, and commission area includes any part of the chief officers’ police area or any area where the alleged (c) requiring the applicant to prove that the condition is offences occurred. met. (c) where a youth court made the order, that court, the (9) The court, if it thinks fit, may permit the defendant to youth court for the area in which the defendant require the applicant to prove that the condition is met without resides or, where the application is made, any youth the service of a notice under subsection (8). court whose commission area includes any part of a Child-SAPOs: effect chief officer’s police area or any place where the alleged offences occurred. ‘(1) A Child Sexual Abuse Prevention Order— (8) This section applies to orders under— (a) prohibits the defendant from doing anything described (a) Section 5A of the Sex Offenders Act 1997 (c.51) in the order, and (restraining orders), (b) has effect for a fixed period (not less than five years) (b) Section 2 or 20 of the Crime and Disorder Act 1998 specified in the order or until further order. (c.37) (sex offender orders made in England and (2) The only prohibitions that may be included in the order are Wales and Scotland), those necessary for the purpose of protecting children generally (c) Article 6 of the Criminal Justice (Northern Ireland) or any particular child from serious sexual harm from the Order 1998 (S.I., 1998/2839 (N.I. 20)) (sex offender defendant. orders made in Northern Ireland), and 471 Anti-social Behaviour, Crime and 14 OCTOBER 2013 472 Policing Bill (d) as it applies to child sexual abuse prevention orders. (a) on summary conviction, to imprisonment for a term Interim Child-SAPOs not exceeding 6 months or a fine not exceeding the statutory maximum or both; ‘(1) This section applies where an application under section 123(1) (‘the main application’) has not been determined. (b) on conviction on indictment, to imprisonment for at term not exceeding five years. (2) An application for an order under this section (‘an interim child sexual abuse prevention order’)— (c) where a person is convicted of an offence under this (a) may be made by the complaint by which the main section, it is not open to the court by or before which application is made, or he is convicted to make, in respect of the offence, an order for conditional disharge or, in Scotland, a (b) if the main application has been made, may be made probation order. by the person who has made that application, by complaint to the court to which that application has (3) The Home Secretary shall issue guidance on the use of been made. child sexual abuse prevention orders and interim child sexual abuse prevention orders within six months of this section coming (3) The Court may, if it considers it just to do so, make an into force.”.’. interim child sexual abuse prevention order, prohibiting the defendant from doing anything described in the order. New clause 7—Possession of prohibited written material (4) Such an order— about children— (a) has effect only for a fixed period, specified in the order; ‘(1) Section 62 of the Coroners and Justice Act 2009 (offence (b) ceases to have effect, if it has not already done so, on of possession of prohibited images of children) is amended as the determination of the main application. follows. (5) The applicant or the defendant may by complaint apply to (2) In subsection (1), after “prohibited image of a child” insert the court that made the interim child sexual abuse prevention “or prohibited written material about a child”. order for the order to be varied, renewed or discharged. (3) After subsection (2) insert— (6) Subsection (5) applies to orders under— “(2A) Prohibited written material about a child is written (a) Sections 2A or 20(4)(a) of the Crime and Disorder Act material which— 1998 (c.37) (interim orders made in England and (a) is pornographic, Wales Scotland), and (b) falls within subsection (6), and (b) Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I., 1998/2839 (N.I. 20)) (interim orders (c) is grossly offensive, disgusting or otherwise of an made in Northern Ireland), obscene character.” as it applies to interim child sexual abuse prevention orders. (4) In subsection (3), after “image” insert “or written material”. Child-SAPO and interim Child-SAPO appeals (5) After subsection (5) insert— ‘(1) A defendant may appeal to the Crown Court against “(5A) Where (as found in the person’s possession) written the making of a child sexual abuse prevention order under material forms part of a series of written material, the question section 123(1). whether the written material is of such a nature as is mentioned (2) A defendant may appeal to the Crown Court aginst the in subsection (2A) is to be determined by reference to— making of an interim child sexual abuse prevention order under (a) the written material itself, and section 127(3). (b) (if the series of written material is such as to be capable (3) A defendant may appeal against the making of an order of providing a context for the written material) the under section 127(3), or the refusal to make such an order— context in which it occurs in the series of written (a) where the application for such an order was made to material. the Crown Court, to the Court of Appeal; (5B) So, for example, where— (b) in any other case, to the Crown Court. (a) written material forms an integral part of a narrative (4) On an appeal under section (1), (2) or subsection (3)(b), the constituted by a series of written material, and Crown Court may make such orders as may be necessary to give (b) having regard to those written materials as a whole, effect to its determination of the appeal, and may also make such they are not of such a nature that they must reasonably incidental or consequential orders as appear to it to be just. be assumed to have been produced solely or principally (5) Any order made by the Crown Court on an appeal under for the purpose of sexual arousal, sections (1) or (2) (other than an order directing that an the written material may, by virtue of being part of that application be re-heard by a magistrates’ court) is for the purpose narrative, be found not to be pornographic, even though it might of subsecitons 126(7) and 127(6) (respectively) to be treated as if have been found to be pornographic if taken by itself.” it were an order of the court from which the appeal was brought (and not an order of the Crown Court). (6) In subsection (6), insert “or written material” after the word “image” each time it appears.’. Offence: breach of a Child-SAPO or interim Child-SAPO ‘(1) A person commits an offence if, without reasonable Government new schedule 1—Amendments of Part 2 excuse, he does anything which he is prohibited from doing by— of the Sexual Offences Act 2003. (a) a child sexual abuse prevention order; Government amendments 63 and 92 to 94. (b) an interim child sexual abuse prevention order, (c) an order under section 5A of the Sex Offenders Act Damian Green: The Government proposals are in my 1997 (c.51) (restraining orders); name and that of my right hon. Friend the Home (d) an offender under sections 2, 2A or 20 of the Crime Secretary. New clauses 14 and 15, and new schedule 1, and Disorder Act 1998 (c.37) (sex offenders orders will simplify and strengthen the existing civil order and interim orders made in England and Wales and regime under the Sexual Offences Act 2003. The inspiration in Scotland); for the reforms is the Childhood Lost campaign of my (e) an order under Article 6 or 6A of the Criminal Justice hon. Friend the Member for Oxford West and Abingdon (Northern Ireland) Order 1998 (S.I., 1998/2839 (Nicola Blackwood), who has attracted more than 100,000 (N.I. 20)) (sex offender orders and interim orders signatures to her online petition and the support of made in Northern Ireland). 67 right hon. and hon. Members on both sides of the (2) A person guilty of an offence under this section is liable— House, who have added their names to my hon. Friend’s 473 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 474 Policing Bill Policing Bill [Damian Green] magistrates court on application by the police or the new National Crime Agency where an individual has new clause 5. I pay tribute to her and those on both done an act of a sexual nature and poses a risk of harm sides of the House who have campaigned so effectively to the public in the UK or adults or vulnerable children on this important issue. overseas. The Government essentially agree with the campaign and we are determined to do everything we can to Dr Julian Huppert (Cambridge) (LD): When the Minister protect the public from predatory sexual offenders. The mentioned the sexual risk orders, he helpfully highlighted UK has some of the toughest powers in the world to the fact that they will apply to people who have not manage the risks posed by sex offenders, but in recognition been convicted of any offence. What level of proof and of the important points highlighted by my hon. Friend’s standard of evidence will be needed to show that someone campaign we are bringing forward amendments to the has done something of a sexual nature, and what would Sexual Offences Act 2003 to make our powers even be included in that? more effective. Damian Green: There is a specified list, which applies Ann Coffey (Stockport) (Lab): I seek clarification to the existing orders, and they are the obvious acts of a from the Minister. The risk of sexual harm orders, sexual nature. I take my hon. Friend’s point and, like which the new sexual risk orders would replace, can be him, I am very keen to see proper safeguards. That is given only to offenders aged 18 and over. Will the new why even the sexual risk order has to be made by a sexual harm prevention orders also only apply to offenders magistrate, so it will have judicial oversight and will not over 18? If they will apply to offenders under 18, what simply be available on the application of the police. consideration has he given to introducing accompanying That is a significant safeguard, and I hope that he rehabilitative provisions for child sex offenders? would welcome that. Any prohibition in the sexual risk order must be Damian Green: If I may, I will first pay tribute to the necessary for protecting the public in the UK from hon. Lady, who has campaigned on these issues for a sexual harm or, in relation to foreign travel, protecting long time and deserves much of the credit for raising children or vulnerable adults from sexual harm. Such public awareness. If I may, I will come to the details of an order will last a minimum of two years and has no the offences shortly. maximum duration, with the exception of any foreign New clauses 14 and 15, and new schedule 1, will travel restriction which, if applicable, lasts for a maximum repeal the sexual offences prevention order, foreign of five years, but can be renewed. travel order and risk of sexual harm order in England and Wales, and replace them with two new orders: the Dr Huppert rose— sexual harm prevention order and the sexual risk order. I welcome the engagement of hon. Members on this Damian Green: Before I give way to the hon. Gentleman, issue and I hope that my hon. Friend the Member for I will address the point made by the hon. Member for Oxford West and Abingdon will be pleased to note that Stockport (Ann Coffey). The two new orders will apply we have sought to include her points as far as possible to both over-18s and under-18s. in the Government amendments. Indeed, following consultation with front-line professionals, including the Dr Huppert: I thank the Minister for his earlier police, the courts, the National Offender Management comments and for his understanding of the need for Service and the National Crime Agency, in a number of safeguards. I do not think he addressed the level of respects the Government amendments go further than proof required in the court—whether it would be beyond her new clause 5. reasonable doubt, or the balance of probability. Will he The sexual harm prevention order will be available also explain, on the sexual risk order in particular, why for those with convictions for sexual or violent offences. the orders cannot be for less than two years? Why does It may be made by a court on conviction, or by the he want to constrain magistrates? magistrates court on application by the police or the National Crime Agency. A court may impose an order Damian Green: We wish to avoid impracticalities in for the purposes of protecting the public in the UK the system—we do not want to clog up the court and/or children or vulnerable adults abroad from sexual system. The orders are serious enough to have that harm. minimum period, and one hopes that it will make them The sexual harm prevention order may prohibit the effective and not mean a constant throughput of extra person from doing anything described in it, including cases in the magistrates court. I will come on to more of preventing travel overseas. Any prohibition must be the details, which I hope will reassure my hon. Friend. necessary for protecting the public in the UK from The new regime will extend to England and Wales, sexual harm or, in relation to foreign travel, protecting although the protections afforded by the new orders children or vulnerable adults from sexual harm. It lasts will continue to relate to persons elsewhere in the UK, a minimum of five years and has no maximum duration, or beyond where necessary. We have included provision with the exception of any foreign travel restrictions for cross-border enforcement and continue to liaise which, if applicable, lasts for a maximum of five years closely with the devolved Administrations. but can be renewed. I can perhaps answer my hon. Friend’s question The second new civil order is the sexual risk order, directly by addressing what has changed. A number of which will be available for those who have not been key changes make the new sexual harm prevention convicted of an offence but who none the less pose a order and the new sexual risk order more robust, more risk of sexual harm to the public. It may be made by the flexible and therefore more effective than previous orders. 475 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 476 Policing Bill Policing Bill The new orders may be made to manage broader categories protections that the courts rightly afford individuals to of risk, allowing them to be used in particular to manage ensure that sensible decisions are made on these types risk against adults and vulnerable adults, as well as of orders. children. All members of the public deserve to be adequately protected from sexual harm. This change 5.30 pm will ensure that dangerous individuals can be managed, What the new orders do is to ensure that the balance regardless of to whom they present a risk. is even more firmly in favour of protecting the vulnerable Furthermore, the condition for the availability of the from the risk of sexual harm. They will improve the use new sexual risk order is that the defendant has done an and effectiveness of this method of managing the risk act of a sexual nature as a result of which it is necessary to the public, and they will give the police and the to protect the public. The previous “non-conviction” National Crime Agency the flexibility they need to order required that the person concerned must have manage those individuals better. done at least two acts from a specified list of risky Let me deal briefly with new clause 8, which adds behaviour. The new provisions allow for an order as murder committed overseas to the list of offences that soon as an individual presents a risk. may form the basis for making a violent offender order. As well as local police forces, the National Crime These are civil preventative orders, which can be used Agency will be able to apply for either of the new by the police to impose restrictions on offenders convicted orders. This is a reflection of its expertise and access to of a specified violent offence and who pose a risk of intelligence on aspects of sexual offending, particularly serious violent harm to the public. They can prohibit against children. The NCA will be required to notify their access to certain places, premises, events or people the relevant force area, which will continue to be responsible to whom they pose the highest risk. Murder was not for managing offenders. I hope that that reassures my originally one of the specified offences for application hon. Friend that the standard of proof will be the of a violent offender order because an individual convicted criminal standard of proof—the highest standard. of murder in the UK is managed indefinitely as a result The remit of the new orders will be wider. For example, of his automatic life sentence. Having identified this either will allow foreign travel restrictions to be applied. gap in the reach of a violent offender order, this new Our determination to prevent harm to children and clause is designed to close it. In addition, new clause 8 vulnerable adults applies outside the United Kingdom will enable additions to be made to the list of specified as well as within. Individuals subject to the new sexual offences through secondary legislation, subject to the harm prevention order will be required to inform the affirmative procedure. Offenders and offending change police whenever their name or address changes. This over time, and it is right that the legislative powers for will improve the police’s ability to monitor and manage managing such behaviour can also change, while retaining individuals subject to these orders. appropriate parliamentary oversight. Those are the changes. What we are keeping are the That covers the main Government amendments, which aspects of the old orders that have been shown to be I commend to the House. effective. In line with the old order, the new sexual harm prevention order will make the offender subject to the Diana Johnson (Kingston upon Hull North) (Lab): I notification requirements for registered sex offenders—it thank the Minister for setting out the amendments in will put them on the sex offenders register. For both the group. These are a completely new set of provisions new orders, in line with the existing position, breach is a on child protection, which the House did not have the criminal offence punishable by a maximum of five years’ opportunity to deal with on Second Reading or in imprisonment. Conviction for a breach of a sexual risk Committee, so we are grateful for the opportunity to order would also make that individual subject to the sex discuss them this afternoon. The House has, however, offender notification requirements. had several excellent debates on child protection over the last year, which is testament to how seriously colleagues Dr Huppert: The Minister is being very generous in of all parties take these issues and want to engage with giving way and I thank him. One of the things he is them. keeping the same is the list of acts in the Sexual Offences The amendments before us are the result of hard Act, one of which states: work and concern across the House. I want to pay “giving a child anything that relates to sexual activity or contains tribute in particular to the hon. Member for Oxford a reference to such activity”. West and Abingdon (Nicola Blackwood) for her sterling There are some cases where that would clearly be work. I pay tribute, too, to the hon. Member for Mole inappropriate, but it might include a wide range of Valley (Sir Paul Beresford), whose new clause appears literature and textbooks, and that is presumably not the in this grouping; to my hon. Friend the Member for intention. How will the Minister ensure that there is no Stockport (Ann Coffey), who has done an enormous misinterpretation? We are keen to ensure the safeguards amount of work on this subject; and to my right hon. are correct. Friends the Members for Leicester East (Keith Vaz) and for Wythenshawe and Sale East (Paul Goggins). Damian Green: As I said, I very much share the hon. Government new clause 8 is the lead amendment in Gentleman’s desire for the safeguards to be effective. the group. As the Minister has set out, it is designed to That is why I laid great stress on the fact that this order make a sensible addition to the offences that can lead will have to be made in court, so that if, as he suggests, a to action being taken against those who commit them. textbook has been given to a child, one imagines that— As we know, this came out of the tragic case of Maria except in very odd circumstances—no sensible magistrate Stubbings, who was murdered by her ex-partner, Marc would regard that as in any way disturbing or warranting Chivers. The Independent Police Complaints Commission this type of activity. In this instance, we can rely on the recognised that there were gaps in the law in respect 477 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 478 Policing Bill Policing Bill [Diana Johnson] evidence of post-conviction behaviour that gave cause for concern. An example was the order imposed on Paul of the supervision of offenders convicted overseas. The Gadd, also known as Gary Glitter. Opposition are pleased to support this sensible new I think that all those measures were important, and clause. demonstrated the commitment of the last Government Government new clause 14 deals with sexual harm to combating sex crime. However, it is clear that all prevention orders and sexual risk orders, while I understand three now need to be improved. The hon. Member for Government new clause 15 deals mainly with saving Oxford West and Abingdon has undertaken important and transitional provisions. Government new schedule work in that regard in considering how we can improve 1 provides for the practical introduction of the new the operation of the orders. I pay tribute to the recent orders, alongside new clause 5, tabled by the hon. report by the Association of Chief Police Officers and Member for Oxford West and Abingdon and 67 other Hugh Davies QC on the workings of the current regime. hon. Members, as the Minister pointed out, which New clause 5, tabled by the hon. Lady, would reform creates the new child sexual abuse prevention order. the risk of sexual harm order and establish a child The Opposition support the need to amend the current sexual abuse prevention order extending to children law. The sexual abuse and grooming cases that occurred under 18 rather than 16. It also—importantly—covers in Oxford shocked the country, and the hon. Member children and young people both inside and outside the for Oxford West and Abingdon has rightly gained huge United Kingdom, and would remove the requirement respect from across the House for the serious way in for two contact offences to be considered before an which she has looked to address the issues with the order could be made. Childhood Lost campaign. I know that she has worked The Government’s proposals create two new orders. with a number of charities, including the National New clause 14 creates the sexual harm prevention order, Society for the Prevention of Cruelty to Children, which can be applied to anyone who has been convicted Barnardo’s, the Children’s Society, ECPAT UK, Action or cautioned for a sexual violent offence, including for Children, and many others. offences committed overseas. It will replace the sexual We are pleased that the Government have accepted offences prevention and foreign travel orders. The new the need for change, and have tabled their own amendments. order will be required for the purpose of protecting the We especially welcome the fact that the Government public generally, or any particular member of the public, amendments extend the risk of sexual harm orders to from sexual harm. I understand that the new clause adults as well as children. We should be interested removes the requirement for a risk of serious sexual to hear how the Minister intends to address the other harm, which takes it down one level. The Opposition key activities of the Childhood Lost campaign which welcome that. The court must be satisfied that the are important in keeping our children safe. defendant’s behaviour makes it necessary for an order to be made. Again, only one contact offence is required, Ten years on, it is right for us to think about what was which means that more people can be included in the done by the Sexual Offenders Act 2003 and what parts grouping. of it need to be updated. The Act was a milestone that played a crucial role in improving our legislation on sex Mr Robert Buckland (South Swindon) (Con): The offences in many key respects, for instance by outlawing hon. Lady is providing a very helpful summary of the grooming. I pay tribute to my right hon. Friend the changes. I think that the removal of the word “serious” Member for Wythenshawe and Sale East for the key is a very important change, because it significantly role that he played in introducing the legislation. widens the ambit of police activity in this area. The The sad truth is that sex offenders, more than any word “serious” creates quite a high threshold, and far other group of offenders, are prone to reoffend. We too many cases were slipping through the net because must accept that most sex offenders continue to pose a they did not meet that criterion. threat to children after their initial offences. That does not, of course, mean that all offenders will reoffend, but Diana Johnson: I am grateful for that intervention, it does mean that we should try to identify those who and I know that the hon. Gentleman speaks from a pose the greatest risks, and try to do everything possible great deal of experience as a member of the Bar and so to mitigate those risks. Labour introduced three distinct fully understands the implications of the removal of the powers which were intended to control the risks posed word “serious” from this definition. by known sex offenders. Sexual risk orders can be applied to any individual The Minister referred to the sexual offences prevention who poses a risk of sexual harm in the UK or abroad, order, which was the first order that could be imposed even if they have never been convicted, and replace the on someone who had been convicted, and was to be risk of sexual harm orders—again, these orders will applied at the time of conviction—or subsequently by apply to both adults and children. In response to my the police—only if there was evidence of dangerous hon. Friend the Member for Stockport (Ann Coffey), behaviour after offending. It covered both children and the Minister confirmed that the sexual risk order could adults. The order allowed the courts to impose conditions be applied to a child sex offender but did not deal with on the offender that they considered to be necessary to the other issue she raised about the rehabilitation of a reduce the risk of sexual harm. The risk of sexual harm child who was subject to one of these orders. Will he order could be imposed without a conviction if a chief deal with that in his closing remarks and say what is police officer had a reasonable belief that someone being put in place to support those children and young within his region had twice committed a sexual offence, people to rehabilitate them? and that an order was necessary to protect the public. One key theme of these new orders is that both are That covered only children. The foreign travel order equally committed to protecting children across the could be imposed only after conviction, but required world. That is vital, because sex crimes are committed 479 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 480 Policing Bill Policing Bill across the globe and, increasingly, paedophiles will Dr Huppert: I have been following everything that the cross borders to commit abuse. The global nature of sex hon. Lady says. I presume that she is not suggesting that crimes means that it is right that we make it easier to someone should be jailed for five years without requiring prevent foreign travel by known paedophiles and that a criminal standard of proof. Surely that is not what she we give equal prominence to crimes committed abroad is suggesting. when we are looking at the imposition of a civil order to protect children in the UK. We also need, however, to 5.45 pm examine the issue of people who have not been convicted but pose a threat to children. I understand that the Diana Johnson: I find it extremely annoying that changes proposed today will also make it easier to when Liberal Democrats get to their feet on child impose an order when a criminal offence has not been protection issues, when we are making sure that our committed. Such an example may be where an individual children have the protection that we all want to see, this has attempted grooming on the net, for example, by is the issue that is pursued. I am asking how best we can impersonating a young person on social media, but has protect our children. There is genuinely a question to be not actually, at that stage, committed a crime. Will the asked about the standard that is used in the orders. The Minister explain whether the Government have any Government have chosen to introduce some new orders, plans for introducing changes to legislation to make the which I fully support, but it is worth considering whose grooming of a child on the internet an offence? I side we are on. Given some of the abuse cases that we understand that it is only at the point when the person have heard, particularly in the constituency of the hon. physically meets the child that an offence is committed. Member for Oxford West and Abingdon, we need to think long and hard about where our instincts should One thing that the hon. Member for Oxford West and lie in ensuring that our children are protected. Abingdon has drawn attention to in the very good briefing she has provided is the fact that very few risk of rose— sexual harm orders have been imposed each year. We Dr Huppert hope that these new provisions will make it easier to acquire an equivalent restriction, by making orders Diana Johnson: I will continue, because I have a applicable to cases where a crime was committed aboard feeling that this debate could go on all night with the or where the behaviour does not constitute an offence at Liberal Democrats. this time. However, I wish to refer to the issue raised by I want to ask the Minister and the hon. Lady whether the hon. Member for Cambridge (Dr Huppert), which they feel that the threshold might be too high. I accept—the related to the standard of proof required. Liberal Democrats will like this bit—that there is a significant cost to the individual on whom an order is One reason it is hard to impose a risk of sexual harm placed, reputationally, and particularly if that becomes order is that such orders demand a criminal standard of public. We know that, because of public disgust associated proof, even though they are civil orders, and that difficulty with sex crimes, the effect of a sex offence order being may remain in respect of the future orders. The demand imposed on an individual, whatever it is called, will be for a criminal standard of proof was not actually in the devastating to that individual. Sexual Offences Act and there was some confusion therefore about the standard of proof required. The It has not helped that the risk of sexual harm orders Home Office did issue guidance, which suggested a civil that were previously in place have been called, I think standard of proof—the “reasonable belief” approach. wrongly, sex offence ASBOs, because the higher standard However, the courts tended to take a different approach of proof makes that comparison unhelpful. At the same and it was only in 2012—[Interruption.] I can see that time, we must accept that there will be many occasions the hon. Member for South Swindon (Mr Buckland) is when the police have a well founded, reasonable belief about to intervene. It was only in 2012 that the issue was that someone poses a risk to children but are not able to settled by the courts in the case of Commissioner of secure a conviction, because, for example, they cannot Police of the Metropolis v. Robert Ebanks, which established present in open court the evidence required. In particular, a binding precedent on the criminal standard. the situation could arise if a vulnerable witness is not in a position to give evidence in court. In such cases, we may want a civil protection order, precisely because we Mr Buckland: The hon. Lady is making a very important cannot get a conviction at the higher criminal standard. point about the standard of proof. One key consideration Will the Minister comment on whether the new orders is that breach is a criminal offence, and therefore there will allow for far more cases to be subject to the orders? is a serious issue to consider as to the criminal consequences of a civil order that could be obtained by a civil standard Mark Reckless (Rochester and Strood) (Con): We of proof. That consideration was uppermost in the have learnt that many of the problems in this area have mind of the court considering that case and should be been a failure of enforcement—a failure of the various uppermost in our minds. As legislators, we need to get agencies to work together or to understand what was the balance right, and so the standard of proof should going on. However, I want to press the hon. Lady on the be a high one. previous question. If someone has a civil order and then breaches it, could they go to prison for up to five Diana Johnson: I am grateful to the hon. Gentleman. years without at any point the criminal standard having Again, I know that he speaks from great experience. I been satisfied? simply ask why so few orders have been taken through the courts and whether we need to consider the whole Diana Johnson: The new clauses and amendments issue of the standard of proof that is required. We have been tabled by the Government and the hon. support the Government’s new clauses and amendments, Member for Oxford West and Abingdon and they are which we think have a lot of merit. best able to comment on that. My understanding of 481 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 482 Policing Bill Policing Bill [Diana Johnson] more compliant to being repeatedly raped by strangers and conditioning them to believe that that was what them is that a term of imprisonment of up to five years real relationships were like. Too many colleagues in this is applicable if an order is breached. I am asking a House have had the same experience as me, as cases genuine question about whether what we want to achieve have emerged across the country. Every police force and through the orders will be achieved by having a criminal local authority needs to take positive and proactive standard for a civil order. The hon. Gentleman might preventive action to root out this vile crime. want to take that up with the Minister when he responds. Patterns of grooming behaviour are now much better I am conscious of time and of the fact that many understood. We should be aiming to disrupt the process other hon. Members want to speak so I will raise only a before it progresses to systematic sexual abuse, because couple of other issues. Will the Minister explain the the consequences of failing to intervene are both well situation on appeals and rights of review that might be documented and appallingly destructive. However, over open to people who are put on the orders? With the the past few years case after case has emerged in which scrapping of indeterminate sentences, might we have child protection agencies in possession of detailed people on the street subject to the orders who in the intelligence have seemed unable to intervene. past might well have remained in prison, and is the In our inquiry into child sexual exploitation, the Minister satisfied with that situation? Home Affairs Committee came to a number of conclusions The hon. Member for Mole Valley (Sir Paul Beresford) on why it was happening. The wider conclusions are for raises an important issue in new clause 7. It is topical another day, but even leading forces, such as Lancashire given that at the weekend W. H. Smith had to withdraw police, who are proactive not only in innovative investigative information and e-books from its website. It has taken techniques, but in disrupting grooming behaviour using too long to obtain acceptance of the fact that viewing methods such as abduction notices, licensing enforcement child abuse images is an integral part of the abuse and dispersal orders, found that a key tool—civil prevention process. Only the abusers deny that now. We know that orders—just was not working. They have been on the viewing abuse often triggers behaviours in individuals. statute book since 2003, as we have heard, and should We know that Stuart Hazel and Mark Bridger had both be at the forefront of the fight against grooming, but been viewing legal pornography simulating violent sex instead they were found to be fundamentally flawed by and abuse prior to committing appalling crimes. The a 2012 review commissioned by the Association of new clause, which deals with the written form of that Chief Police Officers and written independently by Hugh abuse, is worth looking at. I hope that the Minister will Davies QC and a team of experts. comment further on that. We need to be careful, because Since 2003 our understanding of patterns of sex we do not want genuine literature that describes abuse offending and disruption techniques has progressed in a totally acceptable way to be captured. significantly. The purpose of new clause 5 is to reflect that progress and resolve the flaws in the existing orders. Sir Paul Beresford (Mole Valley) (Con): If the hon. I welcome the fact that the Government have accepted Lady looks at the new clause, she will see that the the case for reform and tabled amendments today. Put second half covers that point, so “Lolita”, for example, simply, the reformed orders will protect more vulnerable would be all right. children from sexual exploitation. That could not be more urgent, because the Children’s Commissioner Diana Johnson: I am grateful to the hon. Gentleman estimated only this year that 16,500 children are at risk for that clarification. I hope that the Minister will be of sexual exploitation, but the prevention orders are able to confirm when he responds that that is the legal still failing to protect them. advice he has received. On that basis, it is really important Before explaining how the proposed reforms will that the issue is addressed. address that, let me explain why the current orders are Finally, if the provisions set out in new clause 7 are not working. Three orders were legislated for in the introduced, the Child Exploitation and Online Protection Sexual Offences Act 2003: the sexual offences prevention Centre, which is now part of the National Crime Agency, order, the foreign travel order and the risk of sexual will have more work to do. It already struggles with the harm order. A SOPO can be sought on conviction, or images it has to look at, so if it will have to deal with on proof of relevant offending behaviour subsequent to the written word as well. I think that there is a case to be that conviction, to protect a UK adult or child. An made for the Minister addressing how resources for that FTO can be sought on proof of offending behaviour will be made available. subsequent to previous sexual conviction and can be sought to protect non-UK children. Despite some Nicola Blackwood (Oxford West and Abingdon) misleading coverage of this campaign, the ROSHO is (Con): I thank the Minister and the shadow Minister already a pre-conviction order, and it can be sought on for their opening remarks. I will speak to new clause 5 proof of two contact offences to prevent serious sexual and the Government amendments relating to prevention harm to children under the age of 16. Neither new orders. I think that by now colleagues will be familiar clause 5 nor the Government’s amendments would create with my reasons for tabling the new clause. The vast a revolutionary pre-conviction order today. That has majority of children in this country grow up free from been an accepted necessity since 2003. fear, but a vulnerable minority never know a safe or No one in this House would disagree with the principle happy childhood. I will never forget sitting in the Old that a person is innocent until proven guilty, which is a Bailey and listening to truly harrowing evidence of how fundamental principle of the rule of law, but in no way a violent organised crime gang systematically groomed would that be compromised by these amendments. The girls on Oxford’s streets to sell them for sex from as case against a defendant would have to be proved to the young as 11, plying them with hard drugs to make them criminal standard, and a defendant’s procedural rights 483 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 484 Policing Bill Policing Bill under the proposals would be identical to those in place travels ahead of the evidence between force areas, especially under the current provisions. The fact of the matter is in grooming and trafficking cases. The ROSHO applies that a criminal prosecution is not the only mechanism only in relation to children up to the age of 16, meaning that is necessary to achieve an acceptable level of protection that 16 to 18-year-olds, who might have been caught up against the sexual abuse of children. in abuse from a much younger age, can only be protected Criminal prosecution is not always possible. In some by a SOPO with a much higher threshold. situations a prosecution is found not to be in the interests Meanwhile, the sexual abuse of children is big business of a child victim, and therefore not in the public interest. in many destination countries. Hundreds of thousands In other situations there might be compelling evidence of children are routinely trafficked for that purpose. or some technical reason why the evidence is not found Although offenders often have a clear record of offending to be admissible. In other cases, as we have seen recently, in different jurisdictions, they can still escape prosecution a vulnerable witness might simply find the court process in each, as many jurisdictions simply fail to prosecute too traumatic and so the case collapses. Anyone who due to different standards of children’s rights or pure follows the progress of policing and the criminal justice corruption. In that context, the FTO threshold for system will recognise that uncomfortable reality. That is offending behaviour subsequent to a conviction is entirely why this year there were more than 23,000 reported unworkable. It is unsurprising that since 2005 only sexual crimes against children but only 4,051 of them 50 FTOs have been granted. In 2007, a year in which were prosecuted. 70 British citizens sought consular assistance for child sexual offence arrests, not a single FTO was granted. Mr Buckland: I pay warm tribute to my hon. Friend New clause 5 applies solely to children because that is for the outstanding work she is doing on this issue. I the focus of my campaign, and it is intended to remedy echo her point about the sometimes sad limitations of these shortcomings: it abolishes the arbitrary requirement the criminal justice system, which I have worked in over to prove two contact offences; it includes UK and many years, including dealing with this type of case. I foreign children, offering them equal protection; it allows support her case about the criminal standard of proof a senior specialist officer from the National Crime needed for obtaining the orders and then, if the order is Agency to apply for an order to plug the gap of itinerant breached, a further criminal procedure in which the offenders travelling ahead of the evidence and it raises criminal standard of proof would apply, so the necessary the age limit to 18; and it introduces an interim provision balances and safeguards are in place. to prevent itinerant offenders from fleeing the jurisdiction. Nicola Blackwood: Absolutely. To answer the shadow Minister’s question about whether a civil standard would 6pm be appropriate, I think that it is important to ensure I am delighted that the Government’s proposed sexual that we maintain the balance. The reason it was not risk order incorporates all these changes and applies possible to achieve ROSHOs previously was the them more widely to adults and vulnerable adults, but combination of two contact offences plus a standard of well-drafted guidance will be crucial to ensure these serious sexual harm. I do not think that the necessary orders are effectively used as an offender management approach now is to lower that standard of proof. and disruption tool within a wider strategy of prevention Some have expressed concern that these orders are and prosecution. That guidance will need to clarify that intended as an alternative to prosecution, but that is not offenders under the age of 18 must be treated in an the case; they are simply a practical necessity alongside age-appropriate way. This order is much less likely to be prosecution. As a civil order they are no different in appropriate to regulate activity between older teenagers nature from other civil orders designed to protect children, than it would be where, perhaps, an older child presents such as injunctions or restraining orders in a family a serious risk to a much younger child. I hope the court or a barring order in respect of regulated activity. guidance will include an understanding of sexually-related If we fail to intervene and protect vulnerable people activity to take into account documented patterns of from foreseeable harm, even if prosecution is not possible, grooming and sex tourism. we are failing in our duty of care. The current orders are Peter Davies, chief executive of CEOP, has called failing. The requirement to prove two contact offences these reforms a very powerful, very useful new tool to for the ROSHO produces the absurd result that an prevent harm to children at the earliest possible opportunity, offender who sexually touched a 15-year-old twice would and I am grateful to everybody who has supported the be eligible for an order but an offender who raped a Childhood Lost campaign. Over 100,000 people have four-year-old once would not be—the police would signed our petition, and 67 colleagues have signed up to have to wait for the offender to do it again. That is not a new clause 5. Police, lawyers, the Children’s Commissioner, sensible way to assess risk. the NSPCC, Barnardo’s, the Children’s Society, PACE— Furthermore, given the existence of a specific form of Parents against Child Sexual Exploitation—Save the order to prevent foreign travel, ROSHOs have never Children, ECPAT, Action for Children, OXCAT and been used in practice to protect children abroad. The others have all been very vocal in voicing their support, outcome is that non-UK children enjoy a materially but one particular parent explained why she was supporting lower level of protection than an equivalent child in the the campaign by telling the story of her daughter. She UK. I hope that the House will agree that there is wrote: absolutely no defence for that disparity. Today’s proposals “A group of men I didn’t know befriended my 14 year old put an end to that inequality, which must be welcomed. daughter, Alice, and started to sexually exploit her. They did this by giving her gifts, taking her to ‘parties’ and giving her drugs and There are other basic flaws in the existing regime. alcohol but all the time with the real threat of actual violence Application for all three orders can be made only by the hanging over her. There were rules at the ‘parties’ and girls were local chief of police, but all too often an offender beaten if they did not have sex with the men…We knew who they 485 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 486 Policing Bill Policing Bill were, where they lived and what they were doing; yet nothing was least until 7 o’clock, is that there is cross-House agreement done to stop these men contacting my daughter again and again.” —and, I hasten to add to the Opposition Front Bench, She added: even the Liberal party is on board—and that has been “I was told it was not enough for action to be taken” the case on this area for some considerable time. and continued: The Sexual Offences Act 2003 is the legislation being “Police should have had the power to prevent these men changed tonight. Although the Act came in under a contacting and abusing my daughter…I believe that if the police Labour Government, I am sure the right hon. Member had been able to use a prevention order children would not have for Wythenshawe and Sale East (Paul Goggins), who been raped by these men. was a Minister at about that time, would agree that It is terrifying that these men got away with so much for so there was huge cross-party support and thinking behind long and that other children are still trapped in similar situations.” the scenes. Indeed, I was on the Home Office taskforce Used properly, these orders will protect victims, they that did a lot of the work leading up to the child will disrupt grooming, and they will prevent sex tourism. protection part of that Act. These reforms are the right thing to do, and for these Tonight, however, I want to focus on my new clause 7, reasons I will not press my amendment to a Division, which would amend section 62 of the Coroners and but instead I ask all Members who think the police Justice Act 2009, entitled “Possession of prohibited should be able to step in to protect girls like Alice to images of children”. Those prohibited images are support the Government amendments to protect people pornographic images, and they may take various forms, from child sexual exploitation. including photographs, pseudo-photographs, cartoons and computer-generated images. They may be moving Keith Vaz (Leicester East) (Lab): May I begin by or still, too. The link between the possession and the apologising to the hon. Member for Oxford West and viewing and actual action against children is generally Abingdon (Nicola Blackwood) for not being present for accepted, as the hon. Member for Kingston upon Hull the start of her speech? North (Diana Johnson) said from the Opposition Front I want to contribute briefly to the debate in order to Bench. congratulate the hon. Lady on the incredibly effective The ludicrous situation is that an individual will be work she has done on the issue of grooming. She has a liable for prosecution for possession of photographs, constituency interest, of course, as Operation Bullfinch pseudo-photographs, computer-generated images and was going on in Oxford and she has been monitoring so on, but not for the written word describing child sex what has been happening to the victims, but she was abuse in pornographic, and often lurid, detail. All, also instrumental in beginning the important Childhood including the written word in this form, are designed by Lost campaign, and I was present at its launch with the the individuals concerned for sexual stimulation over Minister, who gave a very effective speech. She has the sexual abuse of children. If an individual wrote decided not to press her amendment to a Division, but from his or her imagination a graphic description of instead has urged the House to support what the child sexual abuse—which could, and often is, more Government are doing. I am glad that the Government emotive and more graphic than any picture of any are following the recommendations of the Select Committee. form—even if he or she described one of those pictures I think all in the House who are concerned about the or cartoons, that individual could not be prosecuted for grooming of children and the crimes being committed the possession of this graphic material, even though for against young people and children will want to see many of these individuals the written word is more effective action being taken. What we have seen in some powerful. of the criminal cases is just the tip of the iceberg, and Let me give a simple example that I gave in speaking the hon. Member for Keighley (Kris Hopkins), who has to my ten-minute rule Bill last Wednesday. CEOP provided now been promoted to be a Minister in the Department me with the details of a man from Kent who wrote for Communities and Local Government, gave very describing his wish to kidnap an early-teenage girl, strip passionate and effective evidence to the Select Committee. her, sexually abuse her in an exceptionally unpleasant I support what the hon. Lady has said, I commend way and then, in an even more unpleasant way which I her on her marvellous efforts in this area, and I certainly will not detail, slowly kill this girl. It is horrific, especially hope the Government will continue to take forward the as his writings then inspired this individual to actually recommendations of the Select Committee—I see that carry it out. He is in prison, hopefully for a very long the hon. Members for Cambridge (Dr Huppert) and time if not for ever, but the teenager is gone. One would for Rochester and Strood (Mark Reckless), who serve have thought that the early discovery of the writings on the Committee, are present. We will revisit our could have helped, but if the police had found them recommendations six months after publication of the they would have had no power to act. This new clause report, which will be at about Christmas time, when we has developed out of discussions with members past will see what progress has been made, but I know that in and present of the Metropolitan police paedophile unit the Minister we have someone who is determined to do and with the team leading CEOP in this area, and is something very serious and radical about stopping those supported by it, including Peter Davies. who seek to exploit children, and I fully support what CEOP last year published a research document on the hon. Lady has said. paedophile cases. It is mentioned in the report, almost as a sideline, that some offenders possess graphic notes Sir Paul Beresford: I echo those congratulations. One or writings of child abuse. The Home Secretary has thing I have discovered in this House is that it is possible written to me on this matter stating she is asking for a for Back Benchers with a really good cause to push it report from CEOP on the need for this change. As the and persuade a Government—whatever Government. Minister will recall, some months ago both CEOP and The other thing to be said about this evening’s debate, at the head of the Metropolitan police paedophile unit 487 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 488 Policing Bill Policing Bill joined me in making a presentation to him. They brought Some have questioned whether genuine, legitimate some of the literature; I did not. The officers supported literature such as “Lolita”would be covered by section 62(5) the need for this change. They explained that they had of the 2009 Act. To be completely clear, the written seen volumes of material in their search for illegal child material that I am targeting can be as shocking as abuse photographs. As the possession of such written images described as level 5 based on the classification material is not illegal, they obviously disregarded it, used by the courts. The section refers to prohibited images seeking only, at high speed and using computer technology, that it describes as child abuse images. “pornographic…grossly offensive, disgusting or otherwise…obscene” and Dr Huppert: The hon. Gentleman is clearly talking “of such a nature that it must be reasonably assumed to have been about some horrific material, and I am listening carefully produced solely or principally for the purpose of sexual arousal.” to his case. He is far more expert in this area than I am. In certain cases, that description, which is applied to How does this link in with the Obscene Publications photographs, can, as the right hon. Member for Act 1959? Does not that provide some protection in this Wythenshawe and Sale East (Paul Goggins) said, be area? applied equally to the written word. Such material is quite different and it is horrific. Its distribution is Sir Paul Beresford: No, it does not. I am looking at prohibited, and so should be its possession. changes to the Coroners and Justice Act 2009, not to the Obscene Publications Act. Otherwise I would wander Mr Andrew Smith (Oxford East) (Lab): I strongly into deep mire, which I am sure that Liberal Members support the remarks of and the campaign by my friend, would help me wallow in further. the hon. Member for Oxford West and Abingdon (Nicola Blackwood). Her initiative and that of the Childhood Mr Buckland: The Obscene Publications Act was Lost campaign, which I have strongly supported, will be very much on my mind as well. Very often this material especially warmly welcomed by my constituents and is generated by the offenders themselves and is privately hers, who are horrified at what was uncovered by the retained, so I think it would fall foul of some of the Operation Bullfinch investigation and prosecutions in definitions in that rather elderly piece of legislation. Oxford. They are very worried that it was not possible The material that is obtained can sometimes be used as to stop these crimes happening earlier and that even incriminating evidence to help prove the general character now there are people it has not been possible to bring to and intent of individuals with an interest in child abuse, justice before the courts because of the difficulty in who are sadly far too prevalent. Do the police find giving evidence. Anything that can be a step forward in difficulty in using that material as incriminating evidence, stopping these horrific crimes must be greatly welcomed. or do they want more information? I want to underline an enormously important point that the hon. Lady made about the strength and clarity Sir Paul Beresford: My hon. Friend goes halfway of guidance that is given on the use of these orders and towards putting the case. He is right, but the police tell the importance of each local area having the wherewithal me that they do not really use that Act. They need this to carry them into effect. In the wake of Operation one tiny change in the legislation to add to the opportunities Bullfinch, in Oxford we have had established the Kingfisher for prosecution and to use when they bring these individuals unit, which she and I jointly visited. It brings together to court. all the relevant agencies and undertakes preventive and I was told that I needed to tweak the wording, so I educational work as well as helping to bring cases to did something absolutely outrageous: I invited the justice. We need such units in every part of the country. Attorney-General for a cup of coffee, not even a glass There has to be the strongest guidance to ensure that of wine, and he ran a cursory glance, if Attorney-Generals these orders are going to be used. I look forward to an run cursory glances over anything, at the wording and assurance from the Minister that there will be close seemed to feel that it was satisfactory. I am not going to reporting and monitoring on the extent and areas of hold him to that, as it would probably cost me a glass of their use so that this House can see the progress that we wine. all very much hope the bringing into law of these orders will represent. Paul Goggins (Wythenshawe and Sale East) (Lab): The hon. Gentleman has given the House a valuable 6.15 pm insight into how, for at least 10 years, he has followed Dr Huppert: It is a pleasure to speak in this debate. I these issues through with successive Ministers and very pay tribute to my colleague on the Home Affairs Committee, persuasively engaged them in the merits of his argument. the hon. Member for Oxford West and Abingdon (Nicola I would be very happy to support his new clause, Blackwood), who gave a fantastic example of her grasp because graphic and extreme written material about of the details of this subject and her attitude to it. I child abuse is every bit as abusive as an image of child served with her on the Committee during its inquiry abuse. He is absolutely right to try to ensure that this into child sexual exploitation in response to localised loophole in the law is closed so that this is a very clear grooming, when we all shared experiences that will stay and separate offence. with me and, I am sure, with her for the rest of our lives. Some of the things we saw and heard about were Sir Paul Beresford: I thank the right hon. Gentleman. absolutely horrific. It is to her great credit that she has I am delighted to have his support. When he was a responded in a very measured way to try to address this. Minister he was receptive to many of the changes that Her speech was exemplary in that regard. I suggested. He tweaked them so that they went through We all think that abuse of children and of any vulnerable to another place without my name attached, but the adult is completely and utterly unacceptable. It is a effect was still the same. heinous crime. Everybody in this House opposes it and 489 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 490 Policing Bill Policing Bill [Dr Huppert] Questions still need to be answered for us to understand the details and the guidance, as the hon. Lady said. wants to see it ended; that is absolutely clear. It is also That is critical. I listened carefully to her comments clear that a crime of this nature is a crime regardless of about the idea that not everyone subject to an order where it happens. When people go overseas to abuse could be jailed, but I would hope that that would be the children, that cannot be okay just because those children principal aim. I think we would all like people who happen not to be British. That much is absolutely, abuse children or vulnerable adults to go to jail, rather completely and utterly clear. than receive a civil order. The gap between the two The hon. Lady outlined very well a number of should be closed as much as possible. improvements in what the Government are suggesting. I am concerned that there will still be strange For example, it seems odd that a rule was brought in applications. The case of Simon Walsh was interesting—it saying that there must be two offences before a breach was surprising that it was brought in the first place— of something became a serious matter. I struggle to and he was eventually found not guilty, but I think he think of any other examples where someone would have might have been caught by new clause 5, so I remain to do something twice before there was perceived to be concerned about how we can avoid that happening a problem. It is absolutely right to get rid of that. when people have been found explicitly not guilty. I I was very surprised by several of the comments by think we will have a chance to look at that and clarify the hon. Member for Kingston upon Hull North (Diana the details. Johnson). There is a danger that we get trapped in the Finally, I accept new clause 5 and have no problems idea that we must do anything to protect children. It with it becoming part of the Bill. I congratulate the becomes a mantra: “Won’t somebody think of the hon. Lady on tabling it and the Minister on accepting children?” We do need to protect children but in a way it. One of my key findings during the Home Affairs that will work and will not cause us problems. It is an Committee inquiry was that, yes, there is room for important principle that people do not get jailed based legislative change, but the vast majority of the problem on anything less than the criminal standard of proof. I was caused by organisational failures and by people not was genuinely horrified by her suggestion that it would trusting or listening to young people—a series of things be worth considering something else. I accept that this that will not be fixed by legislation. We must not delude is a deeply emotional area, and we all want to protect ourselves that passing a law that makes certain behaviour children. I hope that on reflection she will reconsider illegal and that implements orders will, in and of itself, some of her comments about my perspective on that. make the difference needed. We all want that protection to happen, but we must also ensure that we do not break some of the principles of the rule of law. Simon Danczuk (Rochdale) (Lab): I am sorry that I was not able to be here for the beginning of the debate; unfortunately, I had Select Committee business. I have Diana Johnson: In discussing civil orders I merely no doubt that I would have enjoyed the contributions, raised a question about the appropriate standard of particularly the alleged verbal attack on the Liberal proof. I was not suggesting that we should move to a Democrats. lower standard but merely questioning whether keeping the higher standard was the best thing to do and asking I want to discuss two things: first, the great contribution the Minister and the hon. Member for Oxford West and made by the hon. Member for Oxford West and Abingdon Abingdon (Nicola Blackwood) to reflect on that. I hope (Nicola Blackwood), and, secondly, the Government’s that the hon. Gentleman will express that properly proposals on sexual predators and the use of the orders when he refers to my views and not try to suggest that I to prevent such behaviour. was putting forward any other view. I pay tribute to the hon. Lady for her exceptionally good campaign. Members will be aware of what has Dr Huppert: I thank the hon. Lady for that clarification. become known as the Rochdale grooming scandal. The My own view is that I would not even want to consider Home Affairs Committee did excellent work on that the idea of jailing somebody without going through the and other cases of on-street grooming. My hon. Friend criminal process, because that is a fundamental position the Member for Stockport (Ann Coffey) has also done of our law. She was indeed only questioning it, but I am much to raise concerns about such issues. The campaign still surprised that it would even be questioned. run by the hon. Member for Oxford West and Abingdon has been second to none, and that is a credit to her. It Mark Reckless: The record will of course show this, will play an important part—this should not be but does my hon. Friend agree that his point was to underestimated—in helping to protect young people raise a concern that Labour Members might allow from sexual predators, such as those we have seen not someone to be jailed for five years on the basis of just in Rochdale, Oxford and Rotherham, but in many balance of probabilities? All we heard back from the other towns and cities across the country. shadow Minister was an ad-hominem, or at least ad-party, I am pleased with and welcome the Government’s attack on him, as though only a Liberal Democrat proposals, which consolidate and strengthen the provisions could object to such a thing. That is extraordinary. put in place by the previous Labour Government. Had the orders been in place some years ago, I am convinced Dr Huppert: I agree factually with the hon. Gentleman, that, had agencies such as Greater Manchester police but I do not want to dwell on that, because it detracts used them, they would have stopped a lot of the abuse from the excellent work that has been done by the hon. that occurred in Rochdale. We now know that there was Member for Oxford West and Abingdon and so many a failure by Rochdale council social services and its others. exceptionally unhealthy culture at the time. 491 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 492 Policing Bill Policing Bill Keith Vaz: My hon. Friend was one of the most vocal Damian Green: Clearly, there were widespread failures in the criticisms of the way in which Rochdale council in a number of institutions and that is what a large operated. Is he satisfied that the council understands number of people are seeking to rectify now. That the seriousness of the situation and that, under its new brings me on naturally to my next point—this addresses chief executive, it is putting in place the proper processes many of the questions that have been rightly asked and to make sure that the situation is monitored? It cannot the powerful point made by the hon. Member for stop it happening again, but is my hon. Friend satisfied Cambridge (Dr Huppert)—which is that, although what that things have changed for the better? we are doing is necessary, it is certainly not sufficient to believe that it will eradicate this terrible crime. Simon Danczuk: I appreciate my right hon. Friend’s We seek to protect children as a high priority beyond intervention. I am more satisfied than ever that Rochdale legislation, and it is the need for that much more widespread council is playing its part in tackling on-street grooming. change of attitude and culture in institutions that informs It is important to note that we still await the serious the work of the National Group on Sexual Violence case review on Rochdale. I would think that it is imminent, against Children and Vulnerable People, which I chair so it should be available in the next month or two. I and whose membership is indicative of the widespread think it will raise questions—not much light has been group of people necessary to act on this terrible crime. cast on this—about the performance of Greater Manchester It includes not only a number of Departments, such as police and whether it acted effectively enough in terms the Home Office to deal with the criminal elements and of intervening. I suspect that the serious case review will the Under-Secretary of State for Education, my hon. show some failings in that regard. That relates to the Friend the Member for Crewe and Nantwich (Mr Timpson) proposals under discussion because, had they been in and his representatives, but the health service, local place at the time, not only would the tools have been government and the police, which have important roles available to the police, but an emphasis would have been to play. The group also includes many non-governmental placed on their need to use them. organisations and charities. Such organisations often sit outside governmental structures and shout through their Nicola Blackwood: I am grateful to the hon. Gentleman megaphones about how Government should be doing for his kind words. To pick up on the point made by the things better. It seems to me that in a matter of such hon. Member for Cambridge (Dr Huppert), the orders seriousness and urgency, having them sitting at the table are welcome and will allow police forces to intervene from the start saying, “This is how you should do earlier, but they must sit within a wider strategy of things,” is likely to produce a much faster and more prevention and prosecution if we are to have any hope sensitive response to the problems. of genuinely tackling child sexual exploitation in the long term. 6.30 pm The group will address some of the issues that have Simon Danczuk: I completely agree. Much of this is been brought up in this debate, such as rehabilitation, about not just the tools available, but the culture in the which the hon. Member for Kingston upon Hull North local agencies, whether they be the council, the Crown (Diana Johnson) rightly mentioned. There is a wide Prosecution Service, the police or the NHS and its range of issues that it could deal with, but we have set primary care services. four immediate priority areas. Our top priority is prevention Finally, I welcome the proposals. This is Parliament because, as we all agree, the best way to solve this at its best. We are amending existing legislation, not problem is to prevent it from happening in the first creating something completely new. This is about listening place. to the concerns of Back Benchers and their campaigns, The second priority is the attitude of the police. Extra and about getting cross-party support, which I welcome. training is required so that police officers who are approached with evidence of child abuse and particularly Damian Green: I thank hon. Members from all parties, of grooming like that seen in Oxford, Rochdale and not just for their universal support for the measures, but other areas are better trained than they have been to for the sensitive and sensible tone with which they have assess the credibility of the story, rather than of the conducted the debate. My hon. Friend the Member for witness. One of the problems is that many of the young Oxford West and Abingdon (Nicola Blackwood) will by girls who come forward are in care or in trouble with the now be blushing because of the amount of praise she police and are likely to be involved in drugs and alcohol, has received. She should note that it has not been not least because they have been put on them by the conventional praise—it is not a case of the House being men who are grooming them. They may not, therefore, conventionally polite—but that everyone, from all parties, appear at first to be the most credible or compelling of really means it. She and the charities she has rightly witnesses. Looking beyond the individual in front of mentioned have conducted an exemplary campaign on them to the terrible and frightening crime that lies an issue of great contemporary importance. It is a beyond is a skill that police officers can learn through subject that a few people have cared about hugely for training. The police are trying hard to do that across the ages, and now the whole country understands the important regional police forces and through the National Crime and urgent need to take effective action, which is precisely Agency. what we are seeking to do. The third priority is the criminal justice response. The House has discussed before the necessity for witnesses Mark Reckless: The Minister has said that a few not to be intimidated out of giving necessary evidence people campaigned on the issue. Does he agree that by the traditional court procedures. Before the end of others failed to follow through on this because they did the year, we will pilot the use of pre-recorded video not understand and recognise what was happening, and evidence by vulnerable witnesses in three centres, so that some people perceived that earlier than they did? that the full panoply of the court, which often puts 493 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 494 Policing Bill Policing Bill witnesses off and intimidates them, is not there. We will Nicola Blackwood: I welcome the protections that be piloting that shortly to ensure that the appropriate allow defendants to apply for variation and discharge. safeguards are in place for the defendant. However, I notice that under the Government amendments, only local chief officers are able to apply for the variation Ann Coffey: On the support that is available in court or discharge of an order. I understand that that is for vulnerable witnesses, does the Minister agree that it intended to maintain the management of the offender is not acceptable that registered intermediaries are appointed at a local level. However, the NCA might come across in so few cases? If we are to support vulnerable witnesses, evidence of different forms of offending and might particularly child witnesses, we must make it a matter of want to get involved in an application for variation. I course that registered intermediaries are appointed at hope that the guidance will make it clear how that will the earliest possible stage, even before the first police work. interview. Damian Green: That is a valid point. To deal with the Damian Green: Appointing registered intermediaries practical point, once an order is made, the supervision before the first police interview may be difficult in of it will be in the hands of the local police. It is sensible practical terms, but I accept the hon. Lady’s general for them to be on the front line of making any application point that we need better support mechanisms for vulnerable to vary the order. Obviously, the NCA will make it a witnesses. Some of those mechanisms will involve habit to work closely with local forces when they are institutional change, as I have said, but the provision of working together in specific areas, as they will be in this intermediaries may also be required. case. It should become entirely habitual for the NCA to pass evidence to local forces. I know that the leadership The fourth priority of the group is online protection of the NCA is determined to do that. There needs to be and, in particular, attacking the use of vile child abuse better connections between policing at the national and images online. There is therefore a lot of work to do local levels, and we are seeking to address that problem. beyond this legislation. My hon. Friend should rest assured that she is not the I will respond to some of the individual points that only person who will be watching closely to ensure that have been raised. The right hon. Member for Oxford that co-operation takes place. East (Mr Smith) asked about close reporting on the As my hon. Friend the Member for Mole Valley monitoring and extent of the powers. Various other (Sir Paul Beresford) explained, new clause 7 seeks to Members talked about the necessity for guidance. The extend the offence of possessing a prohibited image of a Government amendments require statutory guidance to child in section 62 of the Coroners and Justice Act 2009. be issued. We will work closely with the police, the NCA That offence is committed when a person possesses a and others in considering the best way to apply the new pornographic non-photographic image of a child that is orders. grossly offensive, disgusting or otherwise obscene. My We have had a vigorous debate about the use of the hon. Friend, together with the right hon. Member for criminal standard of proof. If I may try to reconcile Wythenshawe and Sale East (Paul Goggins), wants to what has been the only scratchy part of this debate, extend that offence to include the written word. I add there is a balance to be struck. We could apply the civil my thanks to the many that have been given this evening standard to the new order, but one consequence would to both Members for their personal efforts in the fight be that a breach of the order would not be a criminal to protect children from abuse. Their motivation for the offence punishable by up to five years in prison. I hope new clause is entirely laudable, and it is quite right for that those who are doubtful about the level of proof the House to have the opportunity to discuss it. will accept that what we are proposing strikes the right Written material that describes the sexual abuse of balance, given the risk of harm to children and vulnerable children is undoubtedly distasteful and disturbing. As adults. As my hon. Friend the Member for Oxford West my hon. Friend said, he and I have had many discussions and Abingdon explained, it is not the criminal standard and meetings on the matter, and I put it to him that of proof that led to the disappointing use of the original criminalising the possession of the written word in any three orders in the Sexual Offences Act 2003. context is a significant step, and we should pause before The hon. Member for Kingston upon Hull North taking it. In our view, it is a step that should be taken asked about legislation on the grooming of children on only once we know the full extent of the problem. In the internet. The orders that we are discussing may be this case, there are two particular requirements. First, used to restrict internet use, so they will hopefully have there must be evidence that possession of such material a direct effect on that type of criminal behaviour. However, is causing harm to children. Secondly, it must be practical it is worth repeating that the principle that what is for the police—in this case CEOP—to go through all criminal offline is criminal online always applies. There the material on people’s computers. It is much more is no separate law that applies to the online world. If difficult to do that with the written word than with something is a crime in the real world, it is a crime in the images. As my hon. Friend said, there is special technology online world. As I have said, cybercrime is one of the that allows speedy checks of images. We are working on four immediate priorities of the national group. improving that technology, but it is more difficult in the I was asked about the appeal mechanism. An individual case of the written word. If, after considering those who is the subject of either kind of order will be able to caveats, we conclude that there is a case for changing appeal against the making of that order under the the law, we will need to ensure that we go about it in the proposed new sections of the Sexual Offences Act 2003. right way so that it has some practical effect and improves In addition, after an order is made, there is the right to child protection. apply for it to be varied or discharged. I hope that the New clause 7 touches on a number of sensitive issues, appropriate safeguards are in place for people to make and any changes that we bring about need to be both appeals. proportionate and effective. I cannot commend it to the 495 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 496 Policing Bill Policing Bill House today, but I absolutely assure my hon. Friend New Clause 15 and the right hon. Gentleman that we intend to continue SAVING AND TRANSITIONAL PROVISION considering thoroughly whether the law should be changed in the way that they suggest. As my hon. Friend said, ‘(1) In this section— CEOP has already provided some information, and my “the 2003 Act” means the Sexual Offences Act 2003; officials continue to work with it to investigate the issue “existing order” means— further and get the full body of evidence that is necessary (a) a sexual offences prevention order under if we are to take the drastic step suggested. As soon as section 104 of the 2003 Act; (b) a foreign travel order under section 114 of that we reach a conclusion on that, we will decide what Act; action to take. I know that my hon. Friend will continue (c) a risk of sexual harm order under section 123 of to play a role in gathering evidence and discussing it that Act; with Ministers, but I hope that he will agree not to press “new order” means— new clause 7 to a Division. (a) a sexual harm prevention order (made under I congratulate my hon. Friend the Member for Oxford section 103A of the 2003 Act, inserted by West and Abingdon on her commitment and her drive Schedule [Amendments of Part 2 of the Sexual to ensure that we have the necessary powers to protect Offences Act 2003]); children from sexual harm. I now know that she and the (b) a sexual risk order (made under section 122A of that Act, inserted by that Schedule); House agree that the Government amendments will “old order” means— deliver what new clause 5 was intended to achieve, and (a) a restraining order under section 5A of the Sex more, so I commend them to the House. Offenders Act 1997; (b) a sex offender order under section 2 of the Sir Paul Beresford rose— Crime and Disorder Act 1998. (2) The repeal or amendment by this Act of sections 104 to Madam Deputy Speaker (Dawn Primarolo): No, you 122 or sections 123 to 129 of the 2003 Act does not apply in do not get another opportunity to speak, Sir Paul, but I relation to— assume that you do not wish to press new clause 7. (a) an application made before the commencement day for an existing order; Sir Paul Beresford: A reasonable assumption. (b) an existing order (whether made before or after that day) applied for before that day; Madam Deputy Speaker: Thank you. Maybe next (c) anything done in connection with such an application time it would be helpful to make a point of order. or order. Question put and agreed to. (3) The following sections of the 2003 Act inserted by Schedule [Amendments of Part 2 of the Sexual Offences Act 2003] New clause 8 accordingly read a Second time, and apply (as appropriate) to an old order as they apply to a new added to the Bill. order— (a) section 103E (variation, renewal and discharge of sexual harm prevention order); New Clause 14 (b) section 103I (offence of breach of sexual harm prevention order); SEXUAL HARM PREVENTION ORDERS AND SEXUAL RISK (c) section 122E (variation, renewal and discharge of ORDERS, ETC sexual risk order); ‘(1) Schedule [Amendments of Part 2 of the Sexual Offences (d) section 122H (offence of breach of sexual risk order). Act 2003] (amendments of Part 2 of the Sexual Offences Act (4) As from the commencement day there may be no variation 2003) has effect. of an existing order or an old order that extends the period of the (2) In section 142 of the Sexual Offences Act 2003 (extent order or of any of its provisions. etc)— (5) At the end of the period of 5 years beginning with the (a) in subsection (2) (provisions that extend to Northern commencement day— Ireland, as well as England and Wales), for paragraph (a) in relation to any existing order or old order that is still (c) there is substituted— in force, sections 103E and 103I of the 2003 Act or “(c) sections 80 to 88, 89 to 91, 92 to 96, 96B to 103, 122F sections 122E and 122H of that Act (as appropriate) and 130 to 136ZB; have effect, with any necessary modifications (and (ca) Part 2A;”; with any modifications specified in an order under section 152(6) of this Act), as if the provisions of the (b) after that subsection there is inserted— order were provisions of a new order; “(2A) Sections 110, 117A, 119 and 123 to 129 extend only to (b) subsections (2) and (3) cease to have effect. Northern Ireland.” (6) In this section “commencement day” means the day on (c) In subsection (3) (provisions that extend to Scotland, as which this section comes into force.’.—(Damian Green.) well as England and Wales) for paragraph (a) there is substituted—after that subsection there is inserted— Brought up, read the First and Second time, and added to the Bill. “(a) sections 80 to 88, 89 to 91, 92, 94 to 96, 97 to 103, 122F, 130 to 132 and 133 to 136ZB;”; New Schedule 1 “(3A) Sections 88A to 88I, 96A, 111A, 117B, 120 and 121 ‘SCHEDULE extend only to Scotland. (3B) Sections 104 to 109, 111, 112 to 117, 118 and 122 extend AMENDMENTS OF PART 2 OF THE SEXUAL OFFENCES to Northern Ireland and Scotland but not to England and ACT 2003 Wales.”’.—(Damian Green.) Introduction Brought up, read the First and Second time, and added 1 Part 2 of the Sexual Offences Act 2003 (notification and to the Bill. orders) is amended as set out in this Schedule. 497 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 498 Policing Bill Policing Bill Sexual harm prevention orders (ii) a police area which the Director General believes 2 After section 103 there is inserted— the person is in or is intending to come to. “Sexual harm prevention orders (England and Wales) 103B Section 103A: supplemental 103A Sexual harm prevention orders: applications and grounds (1) In section 103A— (1) A court may make an order under this section (a “sexual “appropriate date”, in relation to a qualifying offender, harm prevention order”) in respect of a person (“the defendant”) means the date or (as the case may be) the first where subsection (2) or (3) applies to the defendant. date on which the offender was convicted, found or cautioned as mentioned in subsection (2) or (3) (2) This subsection applies to the defendant where— below; (a) the court deals with the defendant in respect of— “child” means a person under 18; (i) an offence listed in Schedule 3 or 5, or “the public” means the public in the United Kingdom; (ii) a finding that the defendant is not guilty of an offence listed in Schedule 3 or 5 by reason of “sexual harm” from a person means physical or insanity, or psychological harm caused— (iii) a finding that the defendant is under a disability (a) by the person committing one or more offences and has done the act charged against the defendant listed in Schedule 3, or in respect of an offence listed in Schedule 3 or 5, (b) (in the context of harm outside the United and Kingdom) by the person doing, outside the (b) the court is satisfied that it is necessary to make a United Kingdom, anything which would sexual harm prevention order, for the purpose of— constitute an offence listed in Schedule 3 if done in any part of the United Kingdom; (i) protecting the public or any particular members of the public from sexual harm from the defendant, “qualifying offender” means a person within subsection or (2) or (3) below; (ii) protecting children or vulnerable adults generally, “vulnerable adult” means a person aged 18 or over or any particular children or vulnerable adults, whose ability to protect himself or herself from from sexual harm from the defendant outside the physical or psychological harm is significantly United Kingdom. impaired through physical or mental disability or (3) This subsection applies to the defendant where— illness, through old age or otherwise. (a) an application under subsection (4) has been made in (2) A person is within this subsection if, whether before or respect of the defendant and it is proved on the after the commencement of this Part, the person— application that the defendant is a qualifying offender, (a) has been convicted of an offence listed in Schedule 3 and (other than at paragraph 60) or in Schedule 5, (b) the court is satisfied that the defendant’s behaviour (b) has been found not guilty of such an offence by reason since the appropriate date makes it necessary to make of insanity, a sexual harm prevention order, for the purpose of— (c) has been found to be under a disability and to have (i) protecting the public or any particular members of done the act charged against him in respect of such the public from sexual harm from the defendant, an offence, or or (ii) protecting children or vulnerable adults generally, (d) has been cautioned in respect of such an offence. or any particular children or vulnerable adults, (3) A person is within this subsection if, under the law in force from sexual harm from the defendant outside the in a country outside the United Kingdom and whether before or United Kingdom. after the commencement of this Part— (4) A chief officer of police or the Director General of the (a) the person has been convicted of a relevant offence National Crime Agency (“the Director General”) may by complaint (whether or not the person has been punished for it), to a magistrates’ court apply for a sexual harm prevention order (b) a court exercising jurisdiction under that law has made in respect of a person if it appears to the chief officer or the in respect of a relevant offence a finding equivalent Director General that— to a finding that the person is not guilty by reason of (a) the person is a qualifying offender, and insanity, (b) the person has since the appropriate date acted in such (c) such a court has made in respect of a relevant offence a a way as to give reasonable cause to believe that it is finding equivalent to a finding that the person is necessary for such an order to be made. under a disability and did the act charged against the (5) A chief officer of police may make an application under person in respect of the offence, or subsection (4) only in respect of a person— (d) the person has been cautioned in respect of a relevant (a) who resides in the chief officer’s police area, or offence. (b) who the chief officer believes is in that area or is (4) In subsection (3), “relevant offence” means an act which— intending to come to it. (a) constituted an offence under the law in force in the (6) An application under subsection (4) may be made to any country concerned, and magistrates’ court whose commission area includes— (b) would have constituted an offence listed in Schedule 3 (a) any part of a relevant police area, or (other than at paragraph 60) or in Schedule 5 if it had (b) any place where it is alleged that the person acted in a been done in any part of the United Kingdom. way mentioned in subsection (4)(b). For this purpose an act punishable under the law in force in a (7) The Director General must as soon as practicable notify country outside the United Kingdom constitutes an offence the chief officer of police for a relevant police area of any under that law, however it is described in that law. application that the Director has made under subsection (4). (5) For the purposes of section 103A, acts, behaviour, convictions (8) In this section “relevant police area” means— and findings include those occurring before the commencement (a) where the applicant is a chief officer of police, the of this Part. officer’s police area; (6) Subject to subsection (7), on an application under (b) where the applicant is the Director General— section 103A(4) the condition in subsection (4)(b) above (where (i) the police area where the person in question resides, relevant) is to be taken as met unless, not later than rules of court or may provide, the defendant serves on the applicant a notice— 499 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 500 Policing Bill Policing Bill (a) stating that, on the facts as alleged with respect to the (5) Any passports surrendered must be returned as soon as act concerned, the condition is not in the defendant’s reasonably practicable after the person ceases to be subject to a opinion met, sexual harm prevention order containing a prohibition within (b) showing the grounds for that opinion, and subsection (2)(c) (unless the person is subject to an equivalent (c) requiring the applicant to prove that the condition is prohibition under another order). met. (6) Subsection (5) does not apply in relation to— (7) The court, if it thinks fit, may permit the defendant to (a) a passport issued by or on behalf of the authorities of require the applicant to prove that the condition is met without a country outside the United Kingdom if the passport service of a notice under subsection (6). has been returned to those authorities; (8) Subsection (9) applies for the purposes of section 103A and (b) a passport issued by or on behalf of an international this section. organisation if the passport has been returned to that organisation. (9) In construing any reference to an offence listed in Schedule 3, any condition subject to which an offence is so listed (7) In this section “passport” means— that relates— (a) a United Kingdom passport within the meaning of the (a) to the way in which the defendant is dealt with in Immigration Act 1971; respect of an offence so listed or a relevant finding (b) a passport issued by or on behalf of the authorities of (as defined by section 132(9)), or a country outside the United Kingdom, or by or on (b) to the age of any person, behalf of an international organisation; (c) a document that can be used (in some or all is to be disregarded. circumstances) instead of a passport. 103C SHPOs: effect 103E SHPOs: variations, renewals and discharges (1) A sexual harm prevention order prohibits the defendant (1) A person within subsection (2) may apply to the from doing anything described in the order. appropriate court for an order varying, renewing or discharging a (2) Subject to section 103D(1), a prohibition contained in a sexual harm prevention order. sexual harm prevention order has effect— (2) The persons are— (a) for a fixed period, specified in the order, of at least (a) the defendant; 5 years, or (b) the chief officer of police for the area in which the (b) until further order. defendant resides; (3) A sexual harm prevention order— (c) a chief officer of police who believes that the defendant (a) may specify that some of its prohibitions have effect is in, or is intending to come to, that officer’s police until further order and some for a fixed period; area; (b) may specify different periods for different prohibitions. (d) where the order was made on an application by a chief (4) The only prohibitions that may be included in a sexual officer of police under section103A(4), that officer. harm prevention order are those necessary for the purpose of— (3) An application under subsection (1) may be made— (a) protecting the public or any particular members of the (a) where the appropriate court is the Crown Court, in public from sexual harm from the defendant, or accordance with rules of court; (b) protecting children or vulnerable adults generally, or (b) in any other case, by complaint. any particular children or vulnerable adults, from (4) Subject to subsections (5) and (6), on the application the sexual harm from the defendant outside the United court, after hearing the person making the application and (if Kingdom. they wish to be heard) the other persons mentioned in subsection (2), (5) In subsection (4) “the public”, “sexual harm”, “child” and may make any order, varying, renewing or discharging the sexual “vulnerable adult” each has the meaning given in section 103B(1). harm prevention order, that the court considers appropriate. (6) Where a court makes a sexual harm prevention order in (5) An order may be renewed, or varied so as to impose relation to a person who is already subject to such an order additional prohibitions on the defendant, only if it is necessary (whether made by that court or another), the earlier order ceases to do so for the purpose of— to have effect. (a) protecting the public or any particular members of the 103D SHPOs: prohibitions on foreign travel public from sexual harm from the defendant, or (1) A prohibition on foreign travel contained in a sexual harm (b) protecting children or vulnerable adults generally, or prevention order must be for a fixed period of not more than any particular children or vulnerable adults, from 5 years. sexual harm from the defendant outside the United (2) A “prohibition on foreign travel” means— Kingdom. (a) a prohibition on travelling to any country outside the Any renewed or varied order may contain only such prohibitions United Kingdom named or described in the order, as are necessary for this purpose. (b) a prohibition on travelling to any country outside the (6) The court must not discharge an order before the end of United Kingdom other than a country named or 5 years beginning with the day on which the order was made, described in the order, or without the consent of the defendant and— (c) a prohibition on travelling to any country outside the (a) where the application is made by a chief officer of United Kingdom. police, that chief officer, or (3) Subsection (1) does not prevent a prohibition on foreign (b) in any other case, the chief officer of police for the area travel from being extended for a further period (of no more than in which the defendant resides. 5 years each time) under section 103E. (7) Subsection (6) does not apply to an order containing a (4) A sexual harm prevention order that contains a prohibition prohibition on foreign travel and no other prohibitions. within subsection (2)(c) must require the defendant to surrender (8) In this section “the appropriate court” means— all of the defendant’s passports at a police station specified in the (a) where the Crown Court or the Court of Appeal made order— the sexual harm prevention order, the Crown Court; (a) on or before the date when the prohibition takes effect, (b) where a magistrates’ court made the order, that court, a or magistrates’ court for the area in which the defendant (b) within a period specified in the order. resides or, where the application is made by a chief 501 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 502 Policing Bill Policing Bill officer of police, any magistrates’court whose commission (b) it is proved that the conditions in section 97(2) to (4) area includes any part of the chief officer’s police are met. area; (7) On an application for an interim sexual harm prevention (c) where a youth court made the order, that court, a youth order made by a chief officer of police, the court may, if it court for the area in which the defendant resides or, considers it just to do so, make an interim notification order where the application is made by a chief officer of (either in addition to or instead of an interim sexual harm police, any youth court whose commission area prevention order). includes any part of the chief officer’s police area. 103H SHPOs and interim SHPOs: appeals 103F Interim SHPOs (1) A defendant may appeal against the making of a sexual (1) This section applies where an application under section harm prevention order— 103A(4) (“the main application”) has not been determined. (a) where the order was made by virtue of section103A(2)(a)(i), (2) An application for an order under this section (“an interim as if the order were a sentence passed on the defendant sexual harm prevention order”)— for the offence; (a) may be made by the complaint by which the main (b) where the order was made by virtue of section103A(2)(a)(ii) application is made, or or (iii), as if the defendant had been convicted of the offence and the order were a sentence passed on (b) if the main application has been made, may be made the defendant for that offence; by the person who has made that application, by complaint to the court to which that application has (c) where the order was made on an application under been made. section103A(4), to the Crown Court. (3) The court may, if it considers it just to do so, make an (2) A defendant may appeal to the Crown Court against the interim sexual harm prevention order, prohibiting the defendant making of an interim sexual harm prevention order. from doing anything described in the order. (3) A defendant may appeal against the making of an order (4) Such an order— under section 103E, or the refusal to make such an order— (a) where the application for such an order was made to (a) has effect only for a fixed period, specified in the order; the Crown Court, to the Court of Appeal; (b) ceases to have effect, if it has not already done so, on (b) in any other case, to the Crown Court. the determination of the main application. (4) On an appeal under subsection (1)(c), (2) or (3)(b), the (5) The applicant or the defendant may by complaint apply to Crown Court may make such orders as may be necessary to give the court that made the interim sexual harm prevention order for effect to its determination of the appeal, and may also make such the order to be varied, renewed or discharged. incidental or consequential orders as appear to it to be just. 103G SHPOs and interim SHPOs: notification requirements (5) Any order made by the Crown Court on an appeal under (1) Where— subsection (1)(c) or (2) (other than an order directing that an (a) a sexual harm prevention order is made in respect of a application be re-heard by a magistrates’ court) is for the defendant who was a relevant offender immediately purposes of section 103E(8) or 103F (5) (respectively) to be before the making of the order, and treated as if it were an order of the court from which the appeal was brought (and not an order of the Crown Court). (b) the defendant would (apart from this subsection) cease to be subject to the notification requirements of this 103I Offence: breach of SHPO or interim SHPO etc Part while the order (as renewed from time to time) (1) A person who, without reasonable excuse, does anything has effect, that the person is prohibited from doing by— the defendant remains subject to the notification requirements. (a) a sexual harm prevention order, (2) Where a sexual harm prevention order is made in respect of (b) an interim sexual harm prevention order, a defendant who was not a relevant offender immediately before (c) a sexual offences prevention order, the making of the order— (d) an interim sexual offences prevention order, or (a) the order causes the defendant to become subject to (e) a foreign travel order, the notification requirements of this Part from the commits an offence. making of the order until the order (as renewed from time to time) ceases to have effect, and (2) A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed under (b) this Part applies to the defendant, subject to the section 103D(4). modification set out in subsection (3). (3) A person guilty of an offence under this section is liable— (3) The “relevant date” is the date of service of the order. (a) on summary conviction, to imprisonment for a term (4) Subsections (1) to (3) apply to an interim sexual harm not exceeding 6 months or a fine or both; prevention order as if references to a sexual harm prevention (b) on conviction on indictment, to imprisonment for a order were references to an interim sexual harm prevention order, term not exceeding 5 years. and with the omission of “(as renewed from time to time)” in both places. (4) Where a person is convicted of an offence under this section, it is not open to the court by or before which the person (5) Where— is convicted to make, in respect of the offence, an order for (a) a sexual harm prevention order is in effect in relation conditional discharge. to a relevant sex offender (within the meaning of 103J SHPOs and interim SHPOs: guidance section 88A), and (1) The Secretary of State must issue guidance to chief officers (b) by virtue of section 88F or 88G the relevant sex offender of police and to the Director General of the National Crime ceases to be subject to the notification requirements Agency in relation to the exercise by them of their powers with of this Part, regard to sexual harm prevention orders and interim sexual harm the sexual harm prevention order ceases to have effect. prevention orders. (6) On an application for a sexual harm prevention order made (2) The Secretary of State may, from time to time, revise the by a chief officer of police, the court must make a notification guidance issued under subsection (1). order in respect of the defendant (either in addition to or instead (3) The Secretary of State must arrange for any guidance of a sexual harm prevention order) if— issued or revised under this section to be published in such (a) the applicant invites the court to do so, and manner as the Secretary of State considers appropriate.” 503 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 504 Policing Bill Policing Bill Sexual offences prevention orders and foreign travel orders physical or psychological harm is significantly 3 (1) Sections 104 to 122 (sexual offences prevention orders impaired through physical or mental disability or and foreign travel orders) are repealed. illness, through old age or otherwise. (2) This paragraph extends only to England and Wales. (2) In that section “relevant police area” means— Sexual risk orders (a) where the applicant is a chief officer of police, the officer’s police area; 4 Before section 123 there is inserted— (b) where the applicant is the Director General of the “Sexual risk orders (England and Wales) National Crime Agency— 122A Sexual risk orders: applications, grounds and effect (i) the police area where the person in question resides, (1) A chief officer of police or the Director General of the or National Crime Agency (“the Director General”) may by (ii) a police area which the Director General believes complaint to a magistrates’ court apply for an order under this the person is in or is intending to come to. section (a “sexual risk order”) in respect of a person (“the 122C Sexual risk orders: prohibitions on foreign travel defendant”) if it appears to the chief officer or the Director (1) A prohibition on foreign travel contained in a sexual risk General that the following condition is met. order must not be for a period of more than 5 years. (2) The condition is that the defendant has, whether before or (2) A “prohibition on foreign travel” means— after the commencement of this Part, done an act of a sexual nature as a result of which there is reasonable cause to believe (a) a prohibition on travelling to any country outside the that it is necessary for a sexual risk order to be made. United Kingdom named or described in the order, (b) a prohibition on travelling to any country outside the (3) A chief officer of police may make an application under United Kingdom other than a country named or subsection (1) only in respect of a person— described in the order, or (a) who resides in the chief officer’s police area, or (c) a prohibition on travelling to any country outside the (b) who the chief officer believes is in that area or is United Kingdom. intending to come to it. (3) Subsection (1) does not prevent a prohibition on foreign (4) An application under subsection (1) may be made to any travel from being extended for a further period (of no more than magistrates’ court whose commission area includes— 5 years each time) under section 122D. (a) any part of a relevant police area, or (4) A sexual risk order that contains a prohibition within (b) any place where it is alleged that the person acted in a subsection (2)(c) must require the defendant to surrender all of way mentioned in subsection (2). the defendant’s passports at a police station specified in the (5) The Director General must as soon as practicable notify order— the chief officer of police for a relevant police area of any (a) on or before the date when the prohibition takes effect, application that the Director has made under subsection (1). or (6) On an application under subsection (1), the court may (b) within a period specified in the order. make a sexual risk order if it is satisfied that the defendant has, (5) Any passports surrendered must be returned as soon as whether before or after the commencement of this Part, done an reasonably practicable after the person ceases to be subject to a act of a sexual nature as a result of which it is necessary to make sexual risk order containing such a prohibition (unless the person such an order for the purpose of— is subject to an equivalent prohibition under another order). (a) protecting the public or any particular members of the (6) Subsection (5) does not apply in relation to— public from harm from the defendant, or (a) a passport issued by or on behalf of the authorities (b) protecting children or vulnerable adults generally, or of a country outside the United Kingdom if the any particular children or vulnerable adults, from passport has been returned to those authorities; harm from the defendant outside the United Kingdom. (b) a passport issued by or on behalf of an international (7) Such an order— organisation if the passport has been returned to that (a) prohibits the defendant from doing anything described organisation. in the order; (7) In this section “passport” means— (b) has effect for a fixed period (not less than 2 years) (a) a United Kingdom passport within the meaning of the specified in the order or until further order. Immigration Act 1971; (8) A sexual risk order may specify different periods for different (b) a passport issued by or on behalf of the authorities of prohibitions. a country outside the United Kingdom, or by or on (9) The only prohibitions that may be imposed are those behalf of an international organisation; necessary for the purpose of— (c) a document that can be used (in some or all (a) protecting the public or any particular members of the circumstances) instead of a passport. public from harm from the defendant, or 122D Sexual risk order: variations, renewals and discharges (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from (1) A person within subsection (2) may by complaint to the harm from the defendant outside the United appropriate court apply for an order varying, renewing or Kingdom. discharging a sexual risk order. (10) Where a court makes a sexual risk order in relation to a (2) The persons are— person who is already subject to such an order (whether made by (a) the defendant; that court or another), the earlier order ceases to have effect. (b) the chief officer of police for the area in which the 122B Section 122A: interpretation defendant resides; (1) In section 122A— (c) a chief officer of police who believes that the defendant “child” means a person under 18; is in, or is intending to come to, that officer’s police “harm”from the defendant means physical or psychological area; harm caused by the defendant doing an act of a (a) where the order was made on an application by a chief sexual nature; officer of police, that officer. “the public” means the public in the United Kingdom; (3) Subject to subsections (4) and (5), on the application the “vulnerable adult” means a person aged 18 or over court, after hearing the person making the application and (if whose ability to protect himself or herself from they wish to be heard) the other persons mentioned in subsection 505 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 506 Policing Bill Policing Bill (2), may make any order, varying, renewing or discharging the (b) uses a name which has not been notified under this sexual risk order, that the court considers appropriate. section (or under any other provision of this Part), or (4) An order may be renewed, or varied so as to impose changes home address, additional prohibitions on the defendant, only if it is necessary must, within the period of 3 days beginning with the date on to do so for the purpose of— which that happens, notify to the police that name or (as the case (a) protecting the public or any particular members of the may be) the new home address. public from harm from the defendant, or (4) Sections 87 (method of notification and related matters) (b) protecting children or vulnerable adults generally, or and 91 (offences relating to notification) apply for the purposes any particular children or vulnerable adults, from of this section— harm from the defendant outside the United Kingdom. (a) with references to section 83(1) being read as references Any renewed or varied order may contain only such prohibitions to subsection (1) above, as are necessary for this purpose. (b) with references to section 84(1) being read as references (5) The court must not discharge an order before the end of to subsection (3) above, and 2 years beginning with the day on which the order was made, (c) with the omission of section 87(2)(b). without the consent of the defendant and— 122G Sexual risk orders and interim sexual risk orders: appeals (a) where the application is made by a chief officer of (1) A defendant may appeal to the Crown Court— police, that chief officer, or (a) against the making of a sexual risk order; (b) in any other case, the chief officer of police for the area in which the defendant resides. (b) against the making of an interim sexual risk order; or (6) Section 122B(1) applies for the purposes of this section. (c) against the making of an order under section 122D, or the refusal to make such an order. (7) In this section “the appropriate court” means— (2) On any such appeal, the Crown Court may make such (a) the court which made the sexual risk order; orders as may be necessary to give effect to its determination of (b) a magistrates’ court for the area in which the defendant the appeal, and may also make such incidental or consequential resides; orders as appear to it to be just. (c) where the application is made by a chief officer of (3) Any order made by the Crown Court on an appeal under police, any magistrates’ court whose commission area subsection (1)(a) or (b) (other than an order directing that an includes any part of the officer’s police area. application be re-heard by a magistrates’ court) is for the 122E Interim sexual risk orders purposes of section 122D(7) or 122E(5) (respectively) to be treated as if it were an order of the court from which the appeal (1) This section applies where an application for a sexual risk was brought (and not an order of the Crown Court). order (“the main application”) has not been determined. 122H Offence: breach of sexual risk order or interim sexual (2) An application for an order under this section (“an interim risk order etc sexual risk order”)— (a) may be made by the complaint by which the main (1) A person who, without reasonable excuse, does anything application is made, or that the person is prohibited from doing by— (b) if the main application has been made, may be made (a) a sexual risk order, by the person who has made that application, by (b) an interim sexual risk order, complaint to the court to which that application has (c) a risk of sexual harm order, been made. (d) an interim risk of sexual harm order, (3) The court may, if it considers it just to do so, make an (e) an order under section 2 of the Protection of Children interim sexual risk order, prohibiting the defendant from doing and Prevention of Sexual Offences (Scotland) Act anything described in the order. 2005 (risk of sexual harm orders in Scotland), or (4) Such an order— (f) an order under section 5 of that Act (interim risk of (a) has effect only for a fixed period, specified in the order; sexual harm orders in Scotland), (b) ceases to have effect, if it has not already done so, on commits an offence. the determination of the main application. (2) A person commits an offence if, without reasonable excuse, (5) The applicant or the defendant may by complaint apply to the person fails to comply with a requirement imposed under the court that made the interim sexual risk order for the order to section 122C(4). be varied, renewed or discharged. (3) A person guilty of an offence under this section is liable— 122F Sexual risk orders and interim sexual risk orders: notification (a) on summary conviction, to imprisonment for a term requirements not exceeding 6 months or a fine or both; (1) A person in respect of whom a court makes— (b) on conviction on indictment, to imprisonment for a (a) a sexual risk order (other than one that replaces an term not exceeding 5 years. interim sexual risk order), or (4) Where a person is convicted of an offence under this (b) an interim sexual risk order, section, it is not open to the court by or before which the person must, within the period of 3 days beginning with the date of is convicted to make, in respect of the offence, an order for service of the order, notify to the police the information set out in conditional discharge. subsection (2) (unless the person is subject to the notification 122I Effect of conviction etc of an offence under section 122H requirements of this Part on that date). etc (2) The information is— (1) This section applies to a person (“the defendant”) who— (a) the person’s name and, where the person uses one or (a) is convicted of an offence mentioned in subsection (2); more other names, each of those names; (b) is found not guilty of such an offence by reason of (b) the person’s home address. insanity; (3) A person who— (c) is found to be under a disability and to have done the (a) is subject to a sexual risk order or an interim sexual act charged against him in respect of such an offence; risk order (but is not subject to the notification or requirements of this Part), and (d) is cautioned in respect of such an offence. 507 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 508 Policing Bill Policing Bill (2) Those offences are— (j) an order under section 2 of the Protection of Children (a) an offence under section 122H or 128 of this Act; and Prevention of Sexual Offences (Scotland) Act (b) an offence under section 7 of the Protection of Children 2005 (risk of sexual harm orders in Scotland); and Prevention of Sexual Offences (Scotland) Act (k) an order under section 5 of that Act (interim risk of 2005 (contravention of risk of sexual harm order or sexual harm orders in Scotland). interim risk of sexual harm order in Scotland). (2) For the purposes of sections 103I, 113, 122, 122H and 128, (3) Where— prohibitions imposed by a relevant order made in one part of the (a) a defendant was a relevant offender immediately before United Kingdom apply (unless expressly confined to particular this section applied to the defendant, and localities) throughout that and every other part of the United (b) the defendant would (apart from this subsection) cease Kingdom. to be subject to the notification requirements of this 136ZB Order ceases to have effect when new order made Part while the relevant order (as renewed from time (1) Where a court in England and Wales makes an order listed to time) has effect, in the first column of the following Table in relation to a person the defendant remains subject to the notification requirements. who is already subject to an order listed opposite it in the second (4) Where the defendant was not a relevant offender immediately column, the earlier order ceases to have effect (whichever part of before this section applied to the defendant— the United Kingdom it was made in) unless the court orders (a) this section causes the defendant to become subject to otherwise. the notification requirements of this Part from the time the section first applies to the defendant until New order Earlier order the relevant order (as renewed from time to time) ceases to have effect, and Sexual harm —sexual offences prevention order; prevention order —foreign travel order. (b) this Part applies to the defendant, subject to the modification set out in subsection (5). Sexual risk order —risk of sexual harm order; —foreign travel order. (5) The “relevant date” is the date on which this section first applies to the defendant. (2) Where a court in Northern Ireland or Scotland makes an (6) In this section “relevant order” means— order listed in the first column of the following Table in relation to a person who is already subject to an order or prohibition (a) where the conviction, finding or caution within listed opposite it in the second column, the earlier order or subsection (1) is in respect of a breach of a sexual prohibition ceases to have effect (even though it was made or risk order or a risk of sexual harm order, that order; imposed by a court in England and Wales) unless the court (b) where the conviction, finding or caution within orders otherwise. subsection (1) is in respect of a breach of an interim sexual risk order or an interim risk of sexual harm New order Earlier order or prohibition order, any sexual risk order or risk of sexual harm order made on the hearing of the application to Sexual —sexual harm prevention order not containing a which the interim order relates or, if no such order is offences prohibition on foreign travel; —in the case of a made, the interim order. prevention sexual harm prevention order containing a prohibition (7) In subsection (6) “risk of sexual harm order” and “interim order on foreign travel, each of its other prohibitions. risk of sexual harm order” include orders under sections 2 and 5 Foreign —prohibition on foreign travel contained in a sexual (respectively) of the Protection of Children and Prevention of travel harm prevention order. Sexual Offences (Scotland) Act 2005. order 122J Sexual risk orders and interim sexual risk orders: guidance Risk of —sexual risk order not containing a prohibition on (1) The Secretary of State must issue guidance to chief officers sexual foreign travel; —in the case of a sexual risk order of police and to the Director General of the National Crime harm containing a prohibition on foreign travel, each of Agency in relation to the exercise by them of their powers with order its other prohibitions. regard to sexual risk orders and interim sexual risk orders. (3) In this section— (2) The Secretary of State may, from time to time, revise the guidance issued under subsection (1). (a) “court”, in Scotland, includes sheriff; (3) The Secretary of State must arrange for any guidance (b) “risk of sexual harm order” includes an order under issued or revised under this section to be published in such section 2 of the Protection of Children and Prevention manner as the Secretary of State considers appropriate.” of Sexual Offences (Scotland) Act 2005.”’.—(Damian Green.) Risk of sexual harm orders 5 (1) Sections 123 to 129 (risk of sexual harm orders) are Brought up, read the First and Second time, and added repealed. to the Bill. (2) This paragraph extends only to England and Wales. Application etc of orders New Clause 33 6 After section 136 there is inserted— “136ZA Application of orders throughout the United Kingdom INJUNCTION—BEST INTERESTS OF THE CHILD (1) In this section “relevant order” means— (a) a sexual harm prevention order; ‘The courts must take into account the best interests of the (b) an interim sexual harm prevention order; child as a primary consideration when deciding whether to impose the following— (c) a sexual offences prevention order; (a) an injunction; (d) an interim sexual offences prevention order; (e) a foreign travel order; (b) the terms of any prohibition or requirement; (f) a sexual risk order; (c) sanctions for breach of an injunction; and (g) an interim sexual risk order; (d) when determining reporting of a child’s case.’.— (h) a risk of sexual harm order; (Simon Hughes.) (i) an interim risk of sexual harm order; Brought up, and read the First time. 509 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 510 Policing Bill Policing Bill 6.45 pm Government amendment 18. Simon Hughes (Bermondsey and Old Southwark) Amendment 176, in clause 34, page 20, line 17, at end (LD): I beg to move, That the clause be read a Second add— time. ‘(c) any other form of peaceful assembly.’. Madam Deputy Speaker (Dawn Primarolo): With this Government amendments 19 to 44. it will be convenient to discuss the following: Amendment 177, page 61, line 22, leave out Clause 91. Amendment 158, in clause 1, page 1, line 8, after Government amendments 45 to 48. ‘conduct’, insert ‘that might reasonably be regarded as’. Amendment 96, in schedule 8, page 155, line 32, leave Amendment 163, page 1, line 10, leave out ‘and’ and out paragraphs 24 to 27. insert ‘,’. Government amendment 82. Amendment 164, page 1, line 10, after ‘convenient’, insert ‘and proportionate’. Simon Hughes: I wish to speak to the new clause and Amendment 159, page 2, line 1, leave out ‘doing amendments that I and the hon. Member for Aberavon anything’ and insert ‘specified actions’. (Dr Francis) tabled, and I will also say a word about the Amendment 160, page 2, line 2, after ‘injunction’, Government amendments and Labour’s amendment 96. insert Our amendments all arise from the deliberations of ‘which relate to the anti-social behaviour which the respondent the Joint Committee on Human Rights, which has just has engaged or threatened to engage in’. completed its report on the Bill. I welcome the Minister Amendment 161, page 2, line 3, leave out ‘anything’ of State, Home Department, my hon. Friend the Member and insert ‘specified actions’. for Lewes (Norman Baker)—if I can have his attention Amendment 162, page 2, line 3, after ‘injunction’, for a second—to his new responsibilities. I hope it will insert help him and the House if I say that we do not intend to ‘which relate to the anti-social behaviour which the respondent seek to divide the House on the new clause or the has engaged or threatened to engaged in’. amendments, but I hope that he will be able to give me a Amendment 165, page 2, leave out line 6. positive and constructive response. On many occasions Government amendments 1 to 12. we have been on the same side, trying to get positive and constructive responses from previous Conservative and Amendment 166, in clause 12, page 6, line 29, after Labour Governments. We have not always succeeded, ‘court’, insert but I hope that the new form of double act will allow ‘is satisfied that the exclusion is necessary and proportionate, me to ask for some reasonable changes and him to and’. agree, either today or very shortly, to the changes that Government amendments 13 to 15. we seek. Amendment 167, in clause 21, page 11, line 24, after I will put on record the relevant parts of the summary ‘satisfied’, insert of the Joint Committee’s report, which we published on ‘, according to the criminal standard of proof.’. 9 October. It was the Committee’s fourth report of this Session. It states: Government amendment 16. “The Anti-social Behaviour, Crime and Policing Bill was introduced Amendment 168, page 11, line 27, leave out ‘help in in the House of Commons on 9 May 2013…It is a substantial Bill preventing’ and insert ‘prevent’. containing many provisions with significant human rights Amendment 169, page 11, line 31, leave out ‘doing implications”. anything’ and insert ‘specified actions’. The new clause relates to one of those implications. All Amendment 170, page 11, line 31, after ‘order’, insert the amendments in this group have human rights ‘which relate to the anti-social behaviour which the respondent implications, which is why Mr Speaker has grouped has engaged in’. them Amendment 171, page 11, line 32, leave out ‘anything’ We should like Ministers to pay attention to the issue and insert ‘specified actions’. of antisocial behaviour, which I shall come to expressly; Amendment 172, page 11, line 32, after ‘order’, insert to that of forced marriage; and, probably most politically controversially, to those of powers to stop, question, ‘which relate to the anti-social behaviour which the respondent search and detain at ports, and compensation for has engaged in’. miscarriages of justice. We shall come to those matters Amendment 173, page 12, leave out line 3. later in our deliberations. Government amendment 17. We are grateful for the way the Bill team facilitated Amendment 174, in clause 22, page 12, line 44, at end the Committee’s scrutiny of those issues, but we have insert— three qualifications, as set out in our unanimous report. ‘(9) The courts must take into account the best interests of the It states: child as a primary consideration when determining reporting of “First, we doubt whether the mechanisms for ensuring that a a child’s case.’. systematic analysis of the impact of laws and policies on children’s Amendment 175, in clause 29, page 16, line 40, at end rights is carried out are yet embedded across Whitehall. We repeat insert— our call for the Government to reassure Parliament that in future it will conduct a thorough assessment of the impact of legislation ‘(7) The courts must taken into account the best interests of on the rights of children under the UN Convention on the Rights the child as a primary consideration when determining reporting of the Child before the legislation is introduced. We propose to a child’s case.’. raise with the Children’s Commissioner the question of what can 511 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 512 Policing Bill Policing Bill be done, in practical terms, to accelerate the Government’s progress freedom to hold religious beliefs, or any beliefs that may towards implementing its undertaking to Parliament of nearly not be from a religious perspective, is not a relative right three years ago. but an absolute right that cannot be interfered with. Second, the number of significant Government amendments The power to exclude a person from his or her home to the Bill with potentially significant human rights implications through the use of an IPNA is a severe measure, and the has made our scrutiny—” Committee believes further provision is required to any Committee’s scrutiny, but ours in particular— ensure that such a power is used only when necessary. “of the Bill’s human rights compatibility more difficult”. As the new sanctions can be imposed on children as We take up that issue with the Leader of the House on a young as 10, the Committee also scrutinised the provisions regular basis, because the more amendments are tabled and considered their impact on the rights of children. late in the day, the more difficult Committees such as To reduce the potential negative impact of IPNA measures ours find it to report to the House and advise colleagues on children, we recommend that the courts must take on how to respond. The summary continues: into account the best interests of the child as a primary “Third, the Government has not always provided us with consideration in any IPNA legal proceedings. That explains information it has promised in sufficient time to enable us to scrutinise it adequately. We call on the Government, once again, the Committee’s position, and I will now consider quickly to ensure in future that we are provided with the information we other amendments in the group. request in time to inform our scrutiny of Government Bills.” Let me address the new clause and amendments to Dr Huppert: My right hon. Friend is making an the antisocial behaviour proposals collectively, and then extremely good point. Has he had a chance to consider I will consider them individually although I do not the report by the Home Affairs Committee which, anticipate detaining the House for too long. Parts 1 to 6 during pre-legislative scrutiny of the Bill, came up with of the Bill reform current measures on antisocial behaviour, many of the concerns he has highlighted? Perhaps the and the Committee’s view is that preventive measures fact that two different Committees raised the same against antisocial behaviour are, in principle, a welcome concerns will mean that our hon. Friend the Minister fulfilment of the state’s positive obligation to protect might reflect more on the issue. people against having their rights interfered with by others—that is the important context in which we consider Simon Hughes: I am aware of the report by the Home all human rights implications of the Bill’s antisocial Affairs Committee. One good thing is that since I behaviour provisions. started—my hon. Friend was very young; indeed, he New clause 33 would add to the Bill the requirement may not have been alive, or just about, I think—Select that Committees have become more useful and effective. “The courts must take into account the best interests of the They play a strong and useful part not just in considering child as a primary consideration” issues, as the Home Affairs Committee has done, but in when imposing an injunction. It is a common principle looking at legislation and reporting to the House. If we of criminal and welfare law that the best interests of set up Select Committees like the Home Affairs Committee, children be taken into account, and we would like that or the Joint Committee on Human Rights, on which I written into the Bill. The new clause simply states that and the hon. Member for Aberavon have the privilege the best interests of the child should be taken into to serve and which he has the honour to chair, it is account in four situations, namely when the courts are nonsensical if our recommendations are not properly deciding to impose considered by the Government. “an injunction; Amendments 158, 163, 164, 159 to 162, 165 and 166 the terms of any prohibition or requirement; relate to part 1 of the Bill. They do not require any great sanctions for breach of an injunction; and supporting speech as I hope they are drafted clearly and when determining reporting of a child’s case.”. make their point. Amendment 158 would amend clause 1 The Committee considered the human rights on the power to grant injunctions, and would add to compatibility of the new civil injunction to prevent subsection (2) the words “might reasonably be regarded”. nuisance and annoyance—an IPNA. The Bill states that If amended, the clause would read: an IPNA may be imposed if the court considers it “just “The first condition is that the court is satisfied, on the balance and convenient” to prevent antisocial behaviour—a lower of probabilities, that the respondent has engaged or threatens to test than the test of necessity required by human rights engage in conduct that might reasonably be regarded as capable of causing nuisance or annoyance to any person”. law. We also considered that the new IPNA definition of antisocial behaviour is too broad and not clear enough. That seeks to introduce an objective rather than a I hope Ministers will consider positively the idea that subjective test, which we believe would be helpful in the Bill should be as clear as possible and compatible ensuring the law is clear. with other legislation; we should not start introducing Amendments 163 and 164 go together and would concepts not found in other legislation, which would mean that one test a court should apply when considering mean that people would not know how the law would whether to impose an injunction, in addition to whether be interpreted. it is “just and convenient”, should be whether it is In the Committee’s view, the Bill’s current provisions “proportionate”. That is a simple proposition, and as I on the prohibitions and requirements that can be attached know from my constituency work—and, I guess, the to an injunction are far too broad. Furthermore, we same is true for colleagues—it is always difficult to have not been persuaded that it is necessary to state judge whether going to court and getting an injunction expressly that prohibitions and requirements in an IPNA is the right way to deal with what may be growing, yet must “so far as practicable” avoid any conflict with still relatively modest, antisocial behaviour. We think religious beliefs. The Committee is clear—the House proportionality is appropriate and that it is better to has been clear about this on many occasions—that the write that into the Bill. 513 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 514 Policing Bill Policing Bill [Simon Hughes] through no fault of their own, cannot perform a positive action. There were cases with indeterminate sentences, Amendments 159 to 162 ask for greater specificity for example, where prisoners were required to do various about what the injunction prohibits, and we have tried courses, which in some cases were not available for them to tidy up the language a bit—to put it bluntly—and to do. Would that also be checked? remove some relatively loose wording. Clause 1(4) currently reads: Simon Hughes: One of the things that I hope we do “An injunction under this section may for the purpose of better now because of Select Committees is take time to preventing the respondent from engaging in anti-social behaviour— get Bills right. We have pre-legislative scrutiny which— prohibit the respondent from doing anything described in the [Interruption.] The hon. Member for Kingston upon injunction; Hull North (Diana Johnson) knows that I was critical require the respondent to do anything described in the injunction.” of large parts of the Health and Social Care Bill and I There is a prohibition provision and a requirement have been critical about the process for dealing with the provision. We ask the House to consider whether, rather Transparency of Lobbying, Non-Party Campaigning than “do anything” the clause could be a bit more and Trade Union Administration Bill, which has just specific—that is a pretty general phrase not normally gone through this House. I said here, and I have not found in legislation. Amendment 159 would prohibit changed my view, that the Government should have the respondent from “specified actions”, so the injunction submitted the Bill for proper pre-legislative scrutiny. would state, “You cannot throw stones through windows”, Unless it is absolutely impossible, pre-legislative scrutiny rather than, “You cannot do anything,” which may or should always take place because draftspeople may do a may not be specified. “You must stop behaving badly” good first job, but they may not think of all the issues seems a rather unsatisfactory and general instruction, that we, representing all parts of the United Kingdom, whether it is men behaving badly, or women or anybody might spot and be able to use our experience to deal else. with. I agree with my hon. Friend the Member for Cambridge (Dr Huppert), and I hope the Government will be positive. I am sure these issues crop up in Lewes 7pm as much as in Cambridge and in Bermondsey and Amendment 160 would add the phrase Southwark. “which relate to the anti-social behaviour which the respondent The religious beliefs issue is the last in this set of has engaged or threatened to engage in” amendments. We ask the Minister to consider removing to the end of subsection (4), so we are clear that we clause 1(5)(a). At present there is a list of four things think the Bill should link the prohibition contained in which the prohibitions and requirements in an injunction the injunction with the behaviour. For example, if people must, so far as practicable, be such as to avoid: any were regularly dive-bombing in Canada Water, which conflict with the respondent’s caring responsibilities, is a lovely bit of my constituency in the Surrey docks, any interference with the times at which the respondent in a way that frightened all the anglers and the fish normally works or attends school or any other educational and the pensioners sitting on the seats, it would be establishment, and any conflict with the requirements appropriate to have a prohibition that related to the of any other court order or injunction to which the antisocial behaviour of dive-bombing into Canada Water. respondent may be subject. The fourth one is It would not be appropriate to have a prohibition “any conflict with the respondent’s religious beliefs”. against throwing paper aeroplanes through the windows As I indicated earlier, we think that that cannot properly of the old people’s home or whatever. I think people get be there because somebody’s right to hold a religious the idea. As the hon. Member for Aberavon would belief is absolute and therefore should not be qualified say, we are not a Committee that tries to create extra by the words legislation or complication. We spend quite a lot of time trying to make things simpler and clearer in language “must, so far as practicable, be such as to avoid— that ordinary people can understand, so I hope that is (a) any conflict with the respondent’s religious beliefs”. appreciated. I am encouraged to think that the Minister in particular Amendments 161 and 162 relate to the requirement will be helpful because he has a good human rights part of the injunction. At present the injunction can record and I am sure he will want to say, on behalf of the Home Office, that the Home Office is positive about “(b) require the respondent to do anything described in the injunction.” that. We would like “anything” to be replaced by “specified There is one more amendment in the group relating actions”. Amendment 162 would add at the end of the to part 1—amendment 166— which deals with whether requirement provisions the same wording as amendment 160, people can be excluded from their homes. We are clear so it would read: that the sanction of excluding somebody from their home should be a sanction of last resort. It is a very “(b) require the respondent to do specified actions” serious thing to take away that right. At present there is described in the injunction a power to exclude a person from home in cases of “which relate to the anti-social behaviour which the respondent violence or risk of harm. Clause 12 states: has engaged or threatened to engage in.” “(1) An injunction under section 1 may have the effect of We hope that makes the provision clearer and we hope excluding the respondent from the place where he or she normally the Government will buy that proposal. lives only if— (a) that place is owned or managed by a local authority or a Dr Huppert: My right hon. Friend is making an housing provider, extremely good series of points. Does he share a concern (b) the injunction is granted on the application of the local about positive actions? There may be cases where somebody, authority or housing provider, and 515 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 516 Policing Bill Policing Bill (c) the court thinks that— Amendment 170 is also similar to one of our (i) the anti-social behaviour in which the respondent has engaged amendments to part 1, and would ensure that the or threatens to engage consists of or includes the use or threatened criminal behaviour orders use of violence against other persons, or “relate to the anti-social behaviour which the respondent has (ii) there is a significant risk of harm to other persons from the engaged in”. respondent.” That would mean that there was a link between the This is a well publicised issue. In my borough, both activity and the public response. when my colleagues were running the administration and when it has been under Labour administration, Amendment 171 is a further amendment to clause 21 there has been discussion publicly as well as among to make it is slightly more specific and, again, uses councillors about whether an injunction should be used the phrase “specified actions” rather than “anything”. to kick people out of their council home or their Amendment 172 makes the same change as amendment 170 housing association home, and if so, in what circumstances. a little further on, ensuring that the order relates to the In a way, such a provision is slightly discriminatory antisocial behaviour in question. because it applies only to people who are in publicly Amendment 173 would leave out line 3 on page 12, funded housing; it does not apply to someone in private which contains the same qualification as earlier about rented property. That remains an issue. We want the religious beliefs. The amendment would mean that the Minister to be positive about our amendment 166, absolute right to religious beliefs would not be qualified which would add to subsection (c) one more condition— when prohibitions and requirements in a criminal behaviour that the court has to be satisfied that the exclusion is order were being considered by the authorities. We are necessary and appropriate. Of course, if someone has trying to ensure that part 1 and part 2 are consistent engaged or threatens to engage in violence, or has and we hope that the Government will be positive about threatened other people in the house, whether it is that. domestic violence among members of a family or household Amendments 174 and 175 would add the following or otherwise, the logic might be that they should be sentence, which reflects the principle I set out at the excluded. I do not resile from that at all, but because it beginning of my speech, to the end of clauses 22 and is such a draconian solution the court needs to be clear 29: that it is necessary and appropriate. That is the run of amendments in relation to part 1. “The courts must take into account the best interests of the child as a primary consideration when determining reporting of a There is a smaller number of amendments relating to child’s case.” part 2, which is about criminal behaviour orders. The We are seeking to ensure that the duty of the court is on Committee recommends that the appropriate standard the face of the Bill. of proof required to establish anti-social behaviour for the purpose of a criminal behaviour order, which is a Amendment 176, the last in the group, applies to new order being introduced by the Government, should clause 34, which can be found on pages 19 and 20 of the be made clear on the face of the Bill. The reason we say Bill. Its last subsection states: that is that it could be assumed that it was a civil “A constable may not give a direction to a person under standard of proof, as opposed to a criminal standard of section 33 if the person is one of a group of persons who are— proof. We think we ought to make that clear, not just so (a) engaged in conduct that is lawful under section 220 of the that the public know, but so that law enforcers and the Trade Union and Labour Relations (Consolidation) Act 1992 public authorities know. (peaceful picketing), or The Bill provides that a criminal behaviour order (b) taking part in a public procession of the kind mentioned in may be imposed if the court considers it “will help in subsection (1) of section 11 of the Public Order Act 1986 in preventing” anti-social behaviour. The Joint Committee respect of which…written notice has been given…or…written notice is not required”— on Human Rights does not consider this to be an appropriate or clear legislative test and we recommend that is, a lawful public procession. We think that, after that it is amended. As with the previous section, we that, a provision should be included so that a police consider that the broad and open-ended definition of officer cannot give a direction if people are engaging in the prohibitions and positive requirements that may be any other lawful form of public assembly. There are included in a criminal behaviour order do not satisfy public assemblies that are not marches or picketing but the requirement of legal certainty, and we recommend that are perfectly lawful, and we do not think that they to colleagues and to Government that the Bill be amended should be interfered with under the powers in the Bill. I to achieve greater certainty. hope that my civil libertarian colleagues on both sides of the House will fully support that. Amendment 167 inserts after “satisfied” the words “according to the criminal standard of proof” That is part 3 dealt with, which leaves only part 5. It deals with the recovery of possession on riot-related in clause 21. antisocial behaviour grounds. The Committee’s view is Amendment 168 would replace the words “help in simply put: preventing” with the single word “prevent”. Deciding “While we recognise the seriousness of riot-related offences, whether something will help in preventing some behaviour we are not persuaded by the Government’s justification for the gets us into rather esoteric territory and does not provide new discretionary ground of possession for riot-related anti-social as clear a standard of proof as we would wish. behaviour. We are concerned about its potential serious implications for family members, and consider that it may disproportionately Amendment 169 is the same as an amendment we affect women and children. We also consider that it amounts to a suggested to part 1, and would mean that instead of punishment rather than a genuine means of preventing harm to using the words “doing anything” to describe the actions, others. We therefore recommend that this provision is removed “specified actions” would have to be set out. from the Bill.” 517 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 518 Policing Bill Policing Bill [Simon Hughes] Opposition and for her work more generally as part of our shadow Home Office team before her well-deserved Let me pause and say that I am conscious that that promotion last week. I also welcome the Minister to his area is controversial. The controversy arose in my new role and, along with my colleagues, I look forward constituency a year and a bit ago, in the summer, when to debating these important issues with him. we had “riots” on the streets of Southwark and—not to Antisocial behaviour orders have been the cornerstone a huge degree, but to some degree—on the Walworth of the fight against antisocial behaviour since Labour road and in Peckham. Other cities in Britain as well as came to power in 1997. In that year, the previous Tory other parts of London were affected by riots. The Government had failed to address a problem that blighted question is how we deal with those who are caught communities up and down the country, from suburban rioting. The issue that was the subject of widespread lanes to inner-city estates, for which people were long discussion was whether it is right to take away a home overdue a Government response. when one of the people living there has been involved in ASBOs are a tough, fair and proportionate last response rioting. Is it right that a 15 or 17-year-old youngster to persistent perpetrators of antisocial behaviour. They living in a council property in Lewes, Cambridge, require a criminal burden of proof to be brought in, Southwark, Kingston-upon-Hull or anywhere else, should they are a last resort where other interventions have have their home taken away? failed and they work because they are backed by the threat of criminal sanction. In seeking to repeal the 7.15 pm legislation that brought in ASBOs, the Government are The Select Committee makes the point that such a taking a retrograde and misguided step that will not be provision is more likely to punish innocent women and welcomed by the communities that live in fear of antisocial children for the mistake of somebody who is more likely behaviour and that have come to know that the police to be male, and more likely to be a teenager. That will have the power to take tough action backed by criminal not necessarily be the case: some of the riots in London sanctions if necessary. involved people who were certainly not teenagers, and In the Government’s most recent crime survey, 80% some who were certainly not males. They were caught of respondents said they believed that antisocial behaviour on CCTV and by other cameras. We were very clear, was increasing under this Government since the general however, that we should remove from the Bill the ability election. One third of respondents said that they had to give power to recover possession on riot-related either been a victim of, or witness to, antisocial behaviour. antisocial behaviour grounds. They will be wondering why the Government have I am not an expert, but I believe that most local chosen to respond to people’s concerns not by toughening authorities have the power to terminate possession of the legislation or by empowering the police to take tenancies on the basis that somebody has breached their action, but by going soft, taking away the threat of tenancy agreement. It is certainly a breach of a tenancy criminal sanction, taking police off the beat to attend agreement to behave in a way that seriously causes a training on new and weaker powers of response, and nuisance to one’s neighbours or community. There are requiring the new injunctions to be taken out not in issues about how close that has to be, and so on. I ask magistrates courts, which would mean they could be the Government to be very careful in reflecting on the dealt with quickly and efficiently, but in county courts, question. Although the easy populist line might be that which are slow and overburdened. Amendment 96 seeks it is good to have such a power on recovery in the Bill, I not to prevent the Government from introducing injunctions ask them to reflect on whether in fact it might be to prevent nuisance and annoyance—they could be a excessive and on the idea that it would not necessarily useful alternative for the police to consider using—but deal with the offence. to keep ASBOs on the statute book, leaving it to local I am not sure and have never been persuaded that councils and police forces to decide what best suits their taking a home away from family X when one of the local areas and needs. children has been involved in breaking the windows of I speak from experience. Before the people of Croydon the mobile phone store down the road will stop that North elected me to the House last November, I spent youngster breaking the windows of another store later nearly seven years as leader of Lambeth council in on. It does not seem to me that the sanction on the south London. When Labour won power there in 2006, family as a whole will necessarily deal with what might we found that the Tory-Lib Dem coalition had spent the be the latest in a succession of bad behaviour. previous three years stalling ASBOs on ideological grounds. This group contains the largest group of amendments One year, it issued none at all. As a consequence, from the Joint Committee on Human Rights to be dealt antisocial behaviour remained too high, without sanction. with today. I hope that I have put the case clearly. We Young people drifted from antisocial behaviour to low-level have no objection to the Government amendments that crime, and then to high-level crime, including street my hon. Friend the Minister will no doubt move later. robberies. Gang violence rose. The fear of crime and the We do not support the Labour amendment that, obviously, perception that local streets were simply not safe became wants to keep the law as it is and to keep antisocial endemic. behaviour orders as they are, because the Government One of the first things the Labour-led council did on think they have a better answer, which is why they have taking power was clamp down on antisocial behaviour. introduced the Bill. Issuing ASBOs, working closely with the police, was a key part of the response. Mr Steve Reed (Croydon North) (Lab): Let me start by paying tribute to my hon. Friend the Member for Kelvin Hopkins (Luton North) (Lab): I congratulate Ashfield (Gloria De Piero) for the way in which she ably my hon. Friend on his appointment. Conservatives and steered this Bill through Committee on behalf of the Liberal Democrats represent areas that are much more 519 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 520 Policing Bill Policing Bill prosperous; Labour MPs typically represent by and Mr Reed: That might be the hon. Gentleman’s view large urban constituencies, with disadvantaged communities. and that of many of his colleagues, but many in the Is it not the case that ASBOs are much more relevant to police service and elsewhere do not share it. I do not the constituencies that Labour Members represent? take that view. In abolishing ASBOs and replacing them with IPNAs, Mr Reed: My hon. Friend makes an interesting point, the Government are not only taking away the power of but antisocial behaviour can happen in any community. the police to clamp down effectively on antisocial behaviour, Government Members ought to listen to the people but making the police pay for any action that follows they represent, who do not wish to see them watering from their hugely diminished budgets. One chief inspector down the responses and toolkit available to tackle antisocial has said, on the record, that the costs of pursuing such behaviour. action through the civil courts would be in the region of £1,500 on every occasion. Based on last year’s court To refer again to my experience, Lambeth council figures for breaches of ASBOs, the switch to IPNAs will increased the use of ASBOs to achieve a reduction in cost councils and police forces another £1.5 million a antisocial behaviour not for the slogans or press releases, year. That £1.5 million will be taken from two of the or to try to look tough, but because it was needed to get hardest-hit parts of the public sector. If a 20% cut to a grip of our streets and return confidence to the policing was not bad enough, hitting the police with a law-abiding majority of residents. Government Members £1.5 million additional annual bill just for doing their cannot tell me that ASBOs do not work because I saw job in tackling antisocial behaviour is a pretty low and how crime fell when a newly elected Labour council unwelcome blow. worked alongside the police to use ASBOs to great effect in making our streets and our communities safe As with all costs, the proposal introduces disincentives. again. In the Public Bill Committee’s evidence-taking sessions, the chair of the Police Federation, Steve Williams, was ASBOs work in part because they are backed by a asked whether the cost of pursuing an IPNA breach, criminal sanction. Breaching an ASBO is not something both in financial and staff resourcing terms, would to be taken lightly—it is a criminal offence. Persistent deter the police from taking action, to which he replied: antisocial behaviour is deeply damaging to local “That is a strong possibility. Yes.”—[Official Report, Anti-social communities, and people expect effective sanctions. With Behaviour, Crime and Policing Public Bill Committee, 18 June 2013; Labour’s ASBOs, that is exactly what they got. Instead, c. 9, Q11.] the Government propose to take away the criminal In Committee, Government Members said that IPNAs sanction. Offenders can breach IPNAs in the full knowledge were necessary because they, unlike ASBOs, would not that they are not committing a crime. If the police or lead to a criminal record. They believe that criminalising local councils want action taken against someone who children is wrong. However, breaching an ASBO is the has breached their IPNA and who is terrorising a local criminal offence, not being subject to one. I must tell community, they will not get support from the criminal Government Members who share those concerns that justice system. There is no automatic penalty. Instead, IPNAs have been roundly criticised for lowering the the breach of an IPNA will lead to the potential of civil burden of proof and for their lack of proportionality. action brought under the contempt of court proceedings. Twenty-five organisations, including Liberty, the Children’s Offenders across the country will be rejoicing that the Society and Barnardo’s, put their names to a letter Government have gone soft, while the law-abiding majority to The Times criticising IPNAs for their low burden will be horrified. of proof, and because they do not require “any form of The Government’s proposal is not only a weak response intent”. The letter states: to antisocial behaviour, but the police and local councils “Such ill-thought out legislation will sweep up all kinds of will pay for it themselves. Instead of criminal proceedings non-criminal and non-serious behaviour, wasting police time and being brought by the Crown Prosecution Service, the clogging up the courts. It threatens to divert resources from police will have to bring a civil action in the courts at genuinely harmful or distressing behaviour, where the police and their own expense. other services should be focussed”.

Simon Hughes (Bermondsey and Old Southwark) Stephen Phillips (Sleaford and North Hykeham) (Con): (LD): I warmly welcome the hon. Gentleman to his new Why, if ASBOs with criminal penalties attached are so responsibilities. I remember his days as Labour leader successful, do 70% to 80% of teenagers against whom of Lambeth very well. I understand that he would they are made breach them? rather keep ASBOs. If the criticism he cites from the newspaper letter is right, and if he shares it, will he Mr Reed: I have given the hon. and learned Gentleman support the cross-party amendments from the Joint examples of how we successfully used ASBOs to drive Committee on Human Rights, which would make clear down antisocial behaviour and offending of that kind, exactly what the standard of proof should be and so I do not take his point. introduce other protections?

Dr Huppert: The hon. Gentleman argues the case for Mr Reed: I argue that we should retain ASBOs alongside ASBOs passionately, but I am not sure hon. Members IPNAs as alternatives for the police and local councils agree that they were as effective as he suggests. Has he to choose as they believe appropriate in the circumstances. seen opinion polls such as the one done by Angus Reid The IPNA will be available whenever behaviour is last year? Its survey found that only 8% believe that found to be likely to cause nuisance or annoyance. I can ASBOs have been successful in curbing antisocial behaviour give examples from my constituency of Croydon North. in the UK. I have received complaints from residents about children 521 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 522 Policing Bill Policing Bill [Mr Steve Reed] Tracey Crouch (Chatham and Aylesford) (Con): I welcome my hon. Friend the Minister to his new position playing and making a noise in the street. They are at and I look forward to working with him in the future on liberty to raise their grievances, but there is a question some key issues. of proportionality. Under the Government’s proposals, Government amendment 4 would replace the we could be left in the farcical situation that children get amendments to the Bill that I tabled and that were passed handed down a court order for playing, while the hardened in Committee. I am grateful for Opposition support for offender gets let off the hook with no sanction. It is a the amendments and for the support of my hon. and perverse and muddled policy from Ministers. learned Friend the Member for Sleaford and North Hykeham (Stephen Phillips) and the Under-Secretary 7.30 pm of State for Justice, my hon. Friend the Member for Let me be clear: Labour would not scrap ASBOs if North West Cambridgeshire (Mr Vara). It is important we were in power. We believe that communities deserve to set out in context the reasons why I pressed those better than a watering-down of powers to tackle antisocial amendments to a vote in Committee and the background behaviour. I would be grateful if the Minister would to the issue. address, when he replies to the debate, the growing When we came to discuss the issue of antisocial controversy between the Home Office and the Welsh behaviour and the new injunctions, it was clear that this Government in relation to Government amendment 82. was a perfect opportunity to talk about the vitally I understand that the Welsh Government have made it important issue of bullying. It is a key issue for many clear that they object to what the Government are doing children and their parents. The statistics speak for in watering down powers in Wales to deal with antisocial themselves. Research now shows that one in three children behaviour. It is clear that such a change will require a have experienced bullying, with some suggesting that legislative consent order in the Welsh Assembly, which 70% of young people have at some point experienced they are not willing to give. It is not something that we some form of bullying. One million kids are being have the time to debate fully today given the constraints bullied every week, both in and out of school. It is one in the programme motion, but I am sure the Minister of the greatest concerns for children as they grow up will want to put his position on record before this and their parents. Beat Bullying research found that controversial change reaches the other place. 44% of suicides among ten to 14-year-olds were explicitly The Welsh Government are opposed to this change linked to bullying, and at least 20 children every year and so are we. We believe the police deserve better than commit suicide because they are being bullied. to have one hand tied behind their back when trying to I wish to pay tribute to the work of my hon. Friend clamp down on offending. Local authorities deserve the Member for Witham (Priti Patel) who, like me, has better than to be hit with new charges for trying to met the family of Ayden Olson, who unfortunately prosecute persistent antisocial behaviour. We believe committed suicide as a consequence of bullying. Politicians that behaviour that blights lives demands a tough response. need to take notice of such stories and try to make a ASBOs give police and councils the ability to clamp difference to them. down and target offenders: IPNAs will not. Many of I felt that the new injunctions were a really good my former colleagues who still lead local authorities are opportunity to bring bullying back to the forefront of horrified at the prospect of losing a power that I was public debate, not least because in the past people have able to use when I led a council to make residents feel been concerned about criminalising bullies. Under previous safer in their homes and on their streets. legislation, bullying could lead to some sort of criminal In seeking to weaken powers to deal with antisocial sanction. The change to injunctions requiring instead a behaviour, the Government appear to have gone soft on civil punishment meant this was the perfect opportunity crime, but tough on the communities suffering from to require them to include a positive requirement as well crime. The case for abolishing ASBOs has not been as the punishment of the injunction. made by the Government, not at Second Reading, not in Committee and not today. Coalition Members must Priti Patel (Witham) (Con): I am grateful to my hon. ask themselves whether they feel comfortable voting in Friend for mentioning my constituent, who was involved favour of a move away from an effective sanction on in a horrific bullying case that led to his suicide. Does persistent antisocial behaviour towards one that, according she agree that the Bill is a good opportunity to find a to numerous organisations, will criminalise ordinary way in which to protect vulnerable children and to childhood behaviour but leave persistent antisocial offenders punish bullies in the right way, as in the case of my laughing. constituent that she has highlighted? This proposal is wrong, and that is why we have tabled amendment 96 today. It will keep ASBOs as part Tracey Crouch: My hon. Friend makes a very good of the armoury against antisocial behaviour, empowering point, and that is exactly why it is important to add to our police and our communities to tackle antisocial the Bill the requirements to deal with bullying. We can behaviour, to crack down on yobbish behaviour and to deal with the bullies as well as the victims, because respond effectively to the needs of local communities. bullies are often victims of wider bullying, perhaps at Keeping ASBOs is a vital part of keeping our streets home. The positive requirements would enable all sorts safe. A time when 80% of people feel that antisocial of agencies to intervene at an early stage and protect behaviour is getting worse is no time to weaken our not just the victims, but the bullies themselves. resolve in tackling it. We must stand foursquare alongside Bullying is not just face to face any more. Cyber-bullying the law-abiding majority. I urge all Members to join us is a massive problem, and it is certainly something that in the Lobby, to stand with their local communities and Ayden experienced. We are seeing increasing numbers support amendment 96 this evening. of cyber-bullied victims. Some 63% say that the bullying 523 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 524 Policing Bill Policing Bill started offline and then continued online. Bullying is That is not conduct causing a nuisance and not a crime not the same as it was when I was at school, when it was that is taking place, but a judgment that there could be a people being mean to each other in the playground. It is crime in the future. That is a burden of judgment placed now persistent bullying on and offline. That is why I am on a police officer or others that is almost impossible to pleased that the Government accepted the need to put determine and will leave us open to legal challenges bullying back into the guidance on the injunctions. It until the cows come home. I support the amendment was originally in the guidance on the 1999 Act that because it would at least define “reasonable judgment”, introduced ASBOs. The subsequent review of ASBOs with criteria brought forward when the judgment is in 2002 also included persistent bullying, but the 2006 exercised. Otherwise, we will potentially be giving officers guidance—which until recently was the current Home and others—in particular, the court—extensive powers, Office guidance—did not mention bullying. I was grateful with little evidence on which to base the exercise of therefore for the commitment in Committee, from the those powers. former Minister, that bullying would be included in The theme of our concerns in amendment 176 is to the guidance. Having seen an early draft of that, I am ensure that people have the right to express their views content with the guidance that will be issued. and the right to protest. Part 1, by designating certain If we are including bullying within the guidance of forms of behaviour as unacceptable, can close down, as the injunction, it is logical to give those who primarily pre-crimes, certain activities. Those activities are exemplified have responsibility for dealing with bullying—mainly by the experience of Dr Chris Knight, who was simply schools, which unfortunately retain most of the attempting to voice an alternative view. I am grateful to responsibility—the tools to deal with it. That is why in Mr Matthew Varnham for pointing out, in his evidence Committee I pressed for head teachers and principals to to the Joint Committee, that, as the Bill currently stands, be given the opportunity to apply for the injunctions. any spontaneous act of protest could be designated as That would have been a permissive power that I thought antisocial behaviour. would be a logical step. Unfortunately, that view is not Curiously enough, I met Mr Varnham on a protest shared by the teaching unions, all of which I have in Parliament square—people with disabilities were subsequently consulted, so I am reluctantly resigned to campaigning against work capability assessments. The the removal of heads and further education principals protest had been applied for in advance and the police from the Bill and I accept Government amendment 4. had given permission for it to take place. Spontaneous I hope that bullying is not taken off the agenda. I acts will take place at such protests. Groups will break hope that it is recognised as an extremely important off spontaneously and undertake other forms of protest, issue for both children and parents, and that we recognise because they will have been convinced by the people that further steps need to be taken to protect our speaking or by the debate that has taken place that children. We must ensure that perpetrators of bullying further action needs to take place. As the Bill stands, are dealt with in a way that helps them in their family that form of spontaneous protest would be outlawed and in society, and that they can have the positive and we would be dragging people through the courts requirements that the injunctions will give, despite the simply because they went along to listen to a speech—for teachers and principals not applying for them. I am example, by the right hon. Member for Bermondsey pleased that the Government continue to recognise the and Old Southwark (Simon Hughes)—were excited by importance of bullying by keeping it in the guidance on it, and decided that they wanted to do something the injunction, but I am sad that the teachers did not spontaneous to ensure that his views were echoed in the feel that they wanted the power to apply for it. wider community. At the moment, they would be arrested. God forbid that the right hon. Gentleman would ever John McDonnell (Hayes and Harlington) (Lab): I incite anyone in that way—not on the basis of his support amendments 158, 176 and 177, which have speeches in this place, but perhaps elsewhere. been tabled by the Joint Committee on Human Rights. I am not sure that they go far enough, but they are what 7.45 pm we have before us. If we close down free speech, we will be dragging On amendment 158, my anxiety relates to the wording people through the courts who simply want to exercise in clause 1. It almost legislates for pre-crimes, which their right in a democratic society to say that they became fashionable a couple of years ago. Hon. Members disagree. It is often the people who exercise this right might recall that, at the time of the royal wedding, to whom Parliament listens. It is as a result of such Dr Chris Knight and a number of his friends wished to protest that legislative reform takes place. Most hon. protest against expenditure on the royal wedding. As Members have been involved in such campaigns, in part of a theatre group, they were going to take papier- particular the Minister, who is our sleeper within the mâché representations of the royal family to Buckingham Home Office on matters of this sort. I am anxious that palace on the day of the royal wedding and ceremonially we are giving a breadth of powers to courts and others guillotine them. The police arrested Dr Knight and his to prevent freedom of speech. That is why I agree with friends, detaining them—this was eventually legally amendment 176—a relatively mild-mannered amendment challenged—on the basis that this was not a crime, but a —which says that where there is an opportunity for pre-crime that could, at some point in the future, be peaceful assembly people should not be dragged before designated as a crime. the courts just because they have taken the opportunity The Bill, without the relatively minor amendment to protest spontaneously. from the Joint Committee on Human Rights, states: Amendment 177 is also tabled by the Joint Committee “The first condition is that the court is satisfied, on the balance on Human Rights. I am extremely anxious about the of probabilities, that the respondent has engaged or threatens to additional penalty. I was involved in a case in south engage in conduct capable of causing a nuisance”. London where a family was threatened with eviction by, 525 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 526 Policing Bill Policing Bill I believe, the London borough of Wandsworth. One of liberalism into this Department will be hugely welcome member of the family, a young man, was prosecuted for after decades in which Conservative and Labour participating in the riots. The family had no role whatever Governments have clamped down on civil liberties and in the riots. I am not sure what their attitude was taken illiberal approaches wherever possible, playing to towards the young man—it never came out in discussions populism’s worst flaws. I greatly look forward to him —but they certainly never knew that he was engaged in playing his role as Minister of State in this Department. that behaviour. However, they were all threatened with I disagree with what the hon. Member for Croydon eviction. Eventually, legal action was threatened and North (Mr Reed) said about the effectiveness of ASBOs. the local authority withdrew. I am worried that when I do not think they were effective at all, but I do think the Bill is passed we will be in a situation where parents substantial improvements can be made to the Bill. I and others, who have no control over individual members hope this new Minister will take the opportunity to of their family, will suffer as a result of a crime that they reflect on our comments and come up with something never participated in and, often, did not condone. that takes them all into account. The inclusion of the measure in the Bill might have been politically advantageous a couple of years ago, but Stephen Phillips: Whether or not ASBOs were effective time has moved on. It is draconian and will result in originally, does my hon. Friend agree that, over time, injustice. As has been said, if a crime is committed by a they have become increasingly less effective? The breach member of a household in the vicinity of that property, rates are now so significant—up to 90% for most orders— powers already exist to deal with that. Most hon. Members that they have become utterly meaningless. would seek to ensure that the landlord, whether the council or a housing association, implemented the tenancy Dr Huppert: I agree; my hon. Friend is right that agreement. Every tenancy agreement I have seen in ASBOs simply do not work, so the idea of continuing recent times allows the exercise of powers to seek them does not make much sense. repossession if necessary when a family, or a visitor, has brought about antisocial behaviour that has affected neighbours and others living in the vicinity. This measure Mr Jim Cunningham (Coventry South) (Lab): Before is therefore unnecessary and will have a disproportionate the 1997 election, my right hon. Friend the Member for impact on the families of those who may well have been Coventry North East (Mr Ainsworth) and I campaigned involved in other forms of illegal activity—the riots for ASBOs. We did so because when we knocked on were given as an example by the Minister when this was doors in certain estates, we often found that elderly debated previously. people were being terrorised by gangs. In that part of Coventry, those people used steel doors to protect The right hon. Member for Bermondsey and Old themselves. That is why we need to be careful when we Southwark said that he will not press any of the say that ASBOs work or do not work. It depends amendments to a Division, but I hope we will receive greatly on the local authority and the police to make assurances that these issues will be addressed. ASBOs work. I do not quite buy what the hon. Gentleman said; he had better put something in place that is Simon Hughes: I said that we would not press the stronger than ASBOs. Anybody who deals with inner-city amendments to a Division tonight so that we can hear problems in Coventry, London and other places knows what the Government have to say, but we are committed that people can be terrorised on estates. That is why we to the amendments and we are clear that the Bill needs need to be very careful about what we do to ASBOs. to be amended in the way that we propose. We are not going to back-off. We need a better Bill. Dr Huppert: I absolutely accept that there are problems of antisocial behaviour, including in many areas of my John McDonnell: I am hoping that the relationship constituency.I am sure that all hon. Members’constituencies the right hon. Gentleman has with the Minister is so are affected by it. The fact that there is an antisocial influential that accommodation can be reached on this behaviour problem, however, and the fact that the words matter. If there is not accommodation, I think the “antisocial behaviour” appear in the name of the order amendment will come back at a later stage, because the does not mean that the one is a solution to the other. I measure will be seen to be unacceptable. If it did go simply do not accept that they have been a very effective through, I think it would cause future Governments—here mechanism. Much better approaches have been taken and elsewhere in Europe—immense difficulties as these by a number of innovative councils. Islington, for example, matters are contested, because the right to free speech is has tried antisocial behaviour contracts, which have being undermined, as well as the articles of human been far more successful and there has been a range of rights legislation that allow people to enjoy the freedom successes elsewhere. of being in their own home. Simplifying the toolkit available is another issue. I On that basis, I support the amendments and hope welcome the idea of going down from 19 powers to six, we will get a positive response to them from the Minister. which will make it much it much easier for people to find out what the options are. That is another reason Dr Huppert: It is a pleasure to follow the hon. Member why I reject the idea of keeping ASBOs together with for Hayes and Harlington (John McDonnell). I agree IPNAs—injunctions to prevent nuisance and annoyance— with much of what he said, particularly about the which seems to me to be the worst of both worlds. The consequences of the riots, which I shall come back to. Bill must be aimed at trying to prevent harm and I hope Let me start by welcoming the Minister of State, Home that we will be able to solve that problem, helping Department, my hon. Friend the Member for Lewes people to get their lives back on track by dealing with (Norman Baker) to his new post and by congratulating the problems, rather than basing things on mediaeval him on his promotion to Minister of State. His injection punishment and state-aided revenge. 527 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 528 Policing Bill Policing Bill There are some concerns about the changes to IPNAs. Dr Huppert: My right hon. Friend is absolutely right, ASBOs dealt with behaviour in highlighting why it is important to have this provision. “a manner that caused or was likely to cause harassment, alarm Since I first saw the Bill in its pre-legislative form in or distress”, the Home Affairs Committee, I have been extremely while IPNAs talk about concerned about clause 17. This disapplies section 49 of “conduct capable of causing nuisance or annoyance to any person”. the Children and Young Persons Act 1933 for both IPNAs and CBOs. It disallows the rules that say that I certainly hope that my hon. Friend the Minister children should not be named and shamed publicly. We causes nuisance or annoyance to the Secretary of State; should all be extremely alarmed about that because I expect that to be part of a working relationship and children make errors. They may do something very silly I am rather nervous about Secretaries of State being when they are 14. Particularly in today’s age when data allowed to apply for IPNAs on this basis, if only for is freely available, what they have done could stay with health-related issues. There is concern about what is them for the rest of their lives, and there is very little meant by that anybody could do to stop that. That makes it hard “conduct capable of causing nuisance or annoyance to any person”. for them to rehabilitate, to grow up and to become I suspect we all carry that out on a regular basis or someone who regrets what they did when they were 14, could find people whose conduct could be described in as so many people will do. that way. That worries me, as it could be used more I have heard the Government comment that the intention broadly. We heard from the Association of Chief Police is to apply this only in rare circumstances, so that judges Officers that IPNAs could stigmatise and criminalise would not automatically name and shame young people, young people unnecessarily, and they also tend to blur but do so only where it was an essential part of the the distinction between criminal activity and nuisance. order. The guidance must be absolutely crystal clear on The report from the Joint Committee on Human this—on minimising the naming and shaming. This Rights—I commend my right hon. Friend the Member should be disapplied only where it is necessary to do so for Bermondsey and Old Southwark (Simon Hughes) rather than applying it willy-nilly. Otherwise we will for his excellent speech, clarifying detailed and important breach the UN convention on the rights of the child amendments—says that and a lot of other provisions. “the new…definition of anti-social behaviour is broad and unclear”. On dispersal powers, my right hon. Friend the Member I agree completely; the definition must become rather for Bermondsey and Old Southwark said that in response more defined. to the Select Committee report the Government have protected peaceful picketing and public processions, When the Home Affairs Committee carried out pre- but I think it would be good to go even further to ensure legislative scrutiny, we argued that there should be a test that we do not prevent peaceful protest when we deal of intent or recklessness and that any action taken with antisocial behaviour. I agree with the amendment should be “necessary”. Something in that space is absolutely on that. essential: whether it be through the wording used or by the introduction of a mens rea to try to offset the lower Lastly, I agree with the comments made by my right threshold to avoid hitting people with mental health hon. Friend and the hon. Member for Hayes and issues, we need something to tighten up the definition of Harlington about clause 91, which deals with riot-related IPNAs without being overly broad. offences. These have arisen from the time of the riots and the Prime Minister’s reaction to them. Now, however, My right hon. Friend was absolutely right about we have calmed down and recovered from those awful positive requirements. These are, in principle, very good events, so it is time to reflect on whether we need this and very helpful, but the concern was, as we heard in special sanction. As right hon. and hon. Members have the Select Committee, that the councils would struggle said, these provisions deal with a situation for which to deliver those positive requirements in some cases. We solutions are already available, so we do need to deal know that the court with the problem in the way proposed. The JCHR’s “must receive evidence of suitability and enforceability before a report says that it recognises requirement is imposed”, “the seriousness of riot-related offences”, but not that the positive option will be available to but questions whether we need a special rule for riot-related someone. We must check that the positive requirements antisocial behaviour, because it looks like are doable, which I hope can be confirmed. “a punishment rather than a genuine means of preventing harm”. We have to deal with the issue of children because a huge number of these IPNAs will be issued to children. I therefore hope that the Government will reflect on They have to be heavily involved in the resolution whether the clause is still needed. programme while being viewed as victims. I agree with Overall, the Bill has been improved, but I hope it can new clause 33, sponsored by the Joint Committee on be improved even further. I am very excited at the role Human Rights, as the courts must take into account the that my hon. Friend the Minister will be able to play. I best interests of the child as a primary consideration in look forward to hearing his response to the amendments, any of these legal proceedings. I hope that the Minister which I hope, in the fullness of time, he will be able to will focus particularly on that. recommend.

Simon Hughes: Sometimes, of course, the best interest Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC): I agree of the child is to have discipline from outside the family. with what the right hon. Member for Bermondsey and It is not a one-way street that says that the best interest Old Southwark (Simon Hughes) and the hon. Member of the child is always a soft option; it may sometimes be for Hayes and Harlington (John McDonnell) said about a tougher option when the family is not up to the job. amendment 158, and indeed about other amendments. 529 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 530 Policing Bill Policing Bill [Mr Elfyn Llwyd] If the proposed amendment to the exception were passed, all orders to protect individuals from behaviour Objectivity is vital. In the absence of objectivity, the giving rise to harassment, alarm or distress would be police officer will be judge and jury, deciding everything outside the legislative competence of the Welsh National on the spot, and—with the best will in the world—in a Assembly. The Assembly would consequently be unable difficult, fraught situation on a busy Saturday night, to legislate to protect people from such behaviour, even things could go badly wrong. If we do not bring some in devolved fields such as education, health and housing. objectivity to bear, we shall be on a very dangerous and The amendment would represent a substantive alteration slippery slope. I hope that the Government will consider in the institution’s competence, and the House should this reasonable amendment. therefore not accept it without first seeking the Assembly’s agreement. I understand that a legislative consent memorandum and motion are to be laid in the Assembly, 8pm and that the Welsh Government will not be supporting The hon. Member for Croydon North (Mr Reed) the motion. I expect that the same will apply to my referred to Government amendment 82, but said that Plaid Cymru colleagues in the Assembly. time did not permit further discussion of it this evening. With respect, I entirely disagree. The amendment is I believe that the amendment should be withdrawn, constitutionally important. I remind the House that it and that further discussions should take place. In my states: view, for the Government to railroad through the House a measure about which they are unclear is a constitutional “In Schedule 7 to the Government of Wales Act 2006 (legislative disgrace. competence of Welsh Assembly), in the list of exceptions in paragraph 12, for ‘Anti-socialbehaviour orders’ there is substituted ‘Orders to protect people from behaviour that causes or is likely Stephen Phillips: I intend to speak to the amendments to cause harassment, alarm or distress‘.”. for which I am at least in part responsible, and which On the face of it, the amendment does not seem particularly were necessitated by our proceedings in Committee: difficult to accept. However, the Government tabled it amendments 1, 17, 45, 46 and 39 to 41. Before I do so, notwithstanding strong objections raised by both the however, let me welcome my hon. Friend the Minister First Minister of Wales and the Welsh Minister for to his new post, and congratulate him on his promotion. Local Government and Government Business, and I Let me also welcome the hon. Member for Croydon understand that both gentlemen have written to the North (Mr Reed) to his place on the Front Bench. He Minister for Policing and Criminal Justice and the has been in the House for only a short time, and I am Secretary of State for Wales expressing grave concern. sure that his promotion is well deserved. No doubt we The amendment would replace a current exception to shall see a great deal more of him in due course. the legislative competence of the National Assembly of Having congratulated the hon. Gentleman, however, Wales with respect to antisocial behaviour orders with I am afraid that I must take issue with some of the that new exception. I understand that the Home Office points that he made this evening. I have to tell him that has so far claimed that the amendment to schedule 7 of while there was a lot of hot air about Labour’s great the Government of Wales Act is merely consequential, policy of the ASBO, the truth of the matter on the and can thus be made without the need for a legislative streets—whether in urban or in rural Britain—has been consent motion in the Assembly. However, the First very different. Year on year, ASBOs have been breached Minister made it clear in correspondence with relevant in increasing percentages. While the hon. Gentleman, as Ministers in the House of Commons that the amendment the former leader of Lambeth council, may well have would thought that he had solved problems by securing ASBOs “represent a substantive reduction in the Assembly’s legislative for those who were engaging in antisocial behaviour competence.” which was affecting people in the area, the truth is that I consider that to be a matter of constitutional importance merely securing the orders achieved precisely nothing. that cannot simply be brushed away. It was their enforcement that was important. As I am sure the Minister will tell us in his response, breach rates It is surprising, to say the least, that the Government now stand at 70%, 80% or 90%. have chosen to act so brazenly, given that in their response to part II of the Commission on Devolution in Wales, they said that the interpretation of this self-same Sir Peter Bottomley (Worthing West) (Con): Drawing exception was “unclear”—referring to the provision the attention of those on the Opposition Front Bench that specifies antisocial behaviour orders as an exception to the speech that my hon. and learned Friend is making to the Assembly’s legislative competence in respect of may be to their advantage, as opposed to the advantage local government, namely paragraph 12 of schedule 7 of the House. Would it be possible for them to stop to the Government of Wales Act. The question of how talking to each other and listen to my hon. and learned the Government can amend the exception without being Friend, who is making rather a good speech, mainly certain of its interpretation is beyond at least my about the Opposition spokesmen themselves? understanding, and probably beyond that of many other people. Given that the Government suggested that Stephen Phillips: I am grateful to my hon. Friend for the Silk commission should look into the matter, his intervention, but I fear that it may be counter-productive. it is perverse for them to act in advance of the I thought I was having rather an easy ride, at least in commission’s recommendations. Furthermore, as they terms of how my speech will read in Hansard. There has stated in their evidence that they were uncertain about been no intervention so far from the hon. Member for how to interpret the exception, I do not know how they Croydon North, and I suspect that there can be no can be so sure that no legislative consent motion is intervention from him now, because he has not heard required to amend it. anything that I have said. Be that as it may, however, 531 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 532 Policing Bill Policing Bill this is not Third Reading, so I shall now deal with the which is drafted by a local policing body. Before it came amendments with which the House is being troubled into Committee, the Bill provided no guidance as to principally as a result of what some would describe as what that document might contain. As I pointed out in my intransigence in Committee. Committee, it might have provided that one punishment Let me begin with amendments 1 and 17. They relate, or remedy that could be handed out was to place I am afraid, to words that were inserted in the Bill as a someone in the stocks for two or three hours and have consequence of amendments to clauses 1 and 7, which oranges hurled at them. Many of our constituents were suggested by me and were carried in Committee. would doubtless think that a very sensible community Clause 1 concerns the general power to grant injunctions. remedy to be contained in a list of punishments or Subsection (5) states: remedies that might be handed out to those guilty of “Prohibitions and requirements in an injunction under this antisocial behaviour. Obviously, the police and crime section must, so far as practicable, be such as to avoid” commissioners who gave evidence to the Public Bill a list of occurrences including, for instance, Committee indicated that some form of guidance would be both desirable and necessary, and that has been “any conflict with the respondent’s religious beliefs”. taken on board by the Government. I tabled, but did In the form in which it was considered in Committee, not move, a probing amendment in Committee and it the Bill made no reference to the fact that those against has been picked up by the Government, in that they whom injunctions might be granted might have caring have tabled amendments 45 and 46 to deal with the responsibilities, particularly in regard to children. Because possible problem that one might have ended up with I thought that that was an important omission, I rogue and inappropriate remedies. Those measures therefore proposed—and the Committee agreed, in circumstances have my full support and I hope they will also have the that I shall describe in due course—that the court support of the House. should be required to take into account I do not wish to detain the House for too long, but I “any conflict with the respondent’s caring responsibilities including, wish to discuss amendments 39 and 40, which relate to in particular, any caring responsibilities for a child”. clauses 70 and 73 and the time within which those who That seemed to me—and still seems to me—to be obtain orders must return to court. The Bill specifies a particularly important. Children’s life chances are not relatively short period—no doubt the Minister knows fixed, and if an IPNA is granted against their parents, precisely what it is—but for the purposes of computing they may be significantly and substantially affected by time no account is taken of days when the courts might something for which they are not responsible. In those be closed. I proposed to the relevant Minister somewhat circumstances, it seems appropriate for the court expressly longer periods, because it seemed to me that a problem to take into account caring responsibilities, particularly might arise in respect of bank holidays and public caring responsibilities for children—and, perhaps, for holidays, as the courts would not be able to deal with those who suffer from disabilities. The Government’s these matters sufficiently quickly to enable the time position is, as I understand it, that those matters will be limits to be complied with. Some of that has been taken taken into account by a court under the general powers into account, because the Government now propose in the Bill—that is the assurance I have been given. that Christmas day will be removed from the period of Indeed, the draft guidance produced last week in accordance calculation in these clauses, but there remains a difficulty with the undertakings given to the Public Bill Committee with which the Minister needs to grapple. contains wording that requires those seeking IPNAs— I wrote to the Minister for Policing and Criminal regard will no doubt be paid to this by courts as Justice and it was suggested that specifying Christmas well—to take into account caring responsibilities. day was sufficient in this regard, but what about Easter? On that basis, and although the decision has not been As we know, it consists of two public holidays, Good easy, I am not minded to oppose the Government’s Friday and Easter Monday, so we are talking about a desire to remove my first attempt at legislation in this four-day period. The Home Office’s response has been, House, successful as it was, because the Committee did “The courts are able to deal with this because they may not divide on the amendment I was proposing to clause 1. open over the weekend.” The Minister needs to reassure My amendment was accepted by the Minister who was the House that that is the position and that there is then in charge, although there was a reservation when therefore enough time over the Easter holiday, in particular, the “like” amendment was proposed to clause 27 that for these orders to be dealt with appropriately and for the Government reserved the right to come back to this the Bill’s time limits to be addressed. matter on Report, as they have now done. Be that as it Government amendment 41 would alter clause 81, may, I am not going to take further the point that the which deals with the recovery of costs against the owner Committee did not divide. The simple fact is—the Minister of premises where an order is made—I have forgotten needs to make this clear from the Dispatch Box, so that which part of the Bill this relates to, but the Minister it is clear to courts in due course—that one matter that will doubtless remind me. The Government’s point is has to be taken into account when an injunction is that where such an order is made—for example, against granted are the caring responsibilities of those against a nightclub—the police should be able to recover their whom it is to be granted. That addresses amendments 1 costs, and that is absolutely right. However, as I pointed and 17. out in Committee, nightclubs or late-night premises Government amendments 45 and 46 relate to clause 93 often are not owned by the people who occupy the —we are see-sawing around a lot because of how the premises where the nuisance occurs. For that reason, we amendments have been grouped—which deals with need to include the word “occupier”, as the Government community remedies and the community remedy document. are now proposing. I am pleased that that piece of As the House will know, every Member having read the advice, which I gave for free—that is rare—was accepted. Bill in detail, that is a list of community remedies— The amendment is therefore sensible and I hope it will punishments, if one prefers—that can be handed out, command support across the House. 533 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 534 Policing Bill Policing Bill 8.15 pm Simon Hughes: I and a former leader of Lambeth I will rise to detain the House on Third Reading, but council and others have dealt with these issues for a I must say that this is an excellent Bill because it deals long time. I have heard the hon. Gentleman’s criticism, with the nonsense of the fact that ASBOs were never I understand it and it will be made from experience. enforced and were therefore not doing what the previous I hope he will tell us what he and Westminster city Labour Government intended they should do when council cabinet members and officers think might be they were introduced. I will make those points on Third the right answer. None of us has a perfect solution. We Reading, but with that I will resume my seat and let one are all trying to find the best combination of tools to of my colleagues address the House. have in the box.

Mark Field: Naturally, I will try to be constructive. I Mark Field (Cities of London and Westminster) (Con): wholly agree that the lower level nuisance and annoyance I thank my hon. and learned Friend the Member for behaviour covered by an IPNA does not always warrant Sleaford and North Hykeham (Stephen Phillips) for the threat of criminal prosecution, which perhaps happened welcoming me in that way. in the past with ASBOs. Among the concerns expressed I wish to put on the record a few of my concerns earlier was that elements of those ASBOs were not about the Bill’s impact on the ability of inner-city local being properly enforced. We should rightly look to authorities to deal with particular instances of antisocial avoid criminalising the country’s youth wherever possible, behaviour; I know that the Minister has been informed but in practice the specific problems that we face with, about them by the redoubtable cabinet member, Nickie for example, the very professional, aggressive begging Aiken, from Westminster city council. I shall raise two on the streets of Westminster, literally within yards of main areas of concern, to which I would appreciate the where we are all sitting tonight, can currently be tackled Minister giving consideration, and one specific amendment, only through the use of ASBOs on application. We rely which I suspect will have to be moved in another place heavily on the genuine threat of arrest to protect victims in due course. and to deter professional aggressive beggars, who are First, on powers of arrest and direct access to the completely different from the 16-year-old who has got criminal justice system, criminal injunctions are, as we into trouble by graffitiing a bus-stop, for example. We all know, more effective than civil injunctions in reducing lose that threat under the new proposals. high-level antisocial behaviour, which damages communities I want also to speak briefly about the antisocial and harms the reputation of central London. The Bill behaviour committed by people with no fixed UK address. proposes to replace ASBOs on application and ASBOs From the experience in Westminster city council area, on conviction with IPNAs and criminal behaviour orders— but also in the City of London area that I represent, I CBOs—respectively. Breaching a CBO will automatically know that tackling antisocial behaviour often involves be a criminal offence, whereas breaching an IPNA will dealing with organised aggressive begging gangs from not. Local authorities will be able to apply for an IPNA, across the EU. I fear that we will hear a lot more of this but will not be able to apply for a CBO. Therefore, local in the months to come. Some individuals travel to the authorities such as Westminster city council—in a former UK in large numbers, with the sole intention of doing a life this would have applied to the shadow Minister in short, but profitable begging stint before returning his role at the London borough of Lambeth—will no to their home. These people enter the UK according to longer be able to apply directly for any order or injunction their rights as EU citizens, and cannot currently be on antisocial individuals or groups that would lead to deported unless they remain in the country for longer criminal proceedings in the event of a breach. Instead, than three months or commit a criminal offence. While local authorities, housing associations, Transport for they are in the UK, and particularly while they are here London and even police chiefs will have to apply separately in central London, they have no fixed address and are for an IPNA arrest warrant. Alternatively, local authorities completely transient in nature, with many sleeping rough. will have to negotiate on a case-by-case basis with the Where we have previously dealt with such individuals Crown Prosecution Service, which I fear will be operating through ASBOs on application, under the IPNA system with increasingly limited resources and capabilities, to the local authority will be able to apply for an arrest place CBOs on antisocial individuals. warrant only after a breach has occurred, by which time the individual in question may well have left the country, Mr Steve Reed: At a time when the police have had to entirely unchallenged, to return at a future date. These suffer a 20% cut in funding, is it appropriate to expect people are deliberately off the grid, and we must have them to shoulder the additional burden of £1.5 million some legislation in place that closes this potential loophole per annum in pursuing breaches of IPNAs? and does not actively encourage the gaming of the system. Mark Field: I certainly do not think the figures to which the hon. Gentleman refers reflect the cuts at Stephen Phillips: My hon. Friend raises an extremely ground floor level in the work that can be done by our important point, to which I hope the Minister will local police. However, all of us appreciate that we are respond. Might provisions in other statutes be used, living in financially constrained times and will be doing under which, where a crime had been committed, people so for many years to come. Where I suspect I share could be deported without an ASBO having to be made some of the concerns that he has expressed, not just against them? tonight but during the passage of this Bill, is about a severe weakening of the ability of local authorities, in Mark Field: I cannot use ignorance of the law as an conjunction with the police, to deal with elements of excuse, but my hon. and learned Friend knows considerably antisocial behaviour. more about these matters than I do. He makes a relevant 535 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 536 Policing Bill Policing Bill point, which is that we do not necessarily have to go The injunction to prevent nuisance and annoyance entirely down that route. The ASBO legislation and this and the criminal behaviour order are important new concurrent legislation is designed to look at the whole powers to deal with individuals who commit antisocial issue of antisocial behaviour in a constructive and behaviour. Courts will be able to use them both to codified way. The problems to which I have referred prevent certain behaviour and to require positive actions— apply not simply to the City of Westminster, Southwark for example, addressing a drug or alcohol problem that or inner-London boroughs. Increasingly, it will become is an underlying cause of an individual’s antisocial apparent in places such as Manchester, Leeds and behaviour. Birmingham, so we should look at it fairly urgently. The Committee agreed non-Government amendments Without being overly negative about the potential open-door tabled by my hon. and learned Friend the Member for arrival of a significant number of people from Romania Sleaford and North Hykeham (Stephen Phillips) to and Bulgaria, there is no doubt that some of the specific clauses 1 and 21. These would require a court to avoid problems in central London in recent months have any conflict with a person’s caring responsibilities when come disproportionately from groups who have already attaching such conditions. This would be in addition to come to this country from those other EU states. We the duties that were already in the Bill, to ensure that need to ensure that local authorities are given a chance conditions are suitable and enforceable and, so far as to take action. As such, I strongly feel that the Bill practicable, to avoid conflicting with a person’s religious should be amended better to reflect the circumstances beliefs, work, educational commitments or any other that affect inner-city areas, recognise the particular court order imposed on them. As my hon. Friend the challenges that are faced in the UK’s major cities and Member for Taunton Deane said to the Committee, we specifically enable a court to grant IPNAs with automatic always expected courts to take account of caring powers of arrest in a wider variety of circumstances. responsibilities, which are clearly a relevant factor in This matter will have to be dealt with in amendments ensuring that conditions are suitable and enforceable, in another place. To answer directly the question put by and I repeat that for the benefit of the House. the right hon. Member for Bermondsey and Old Southwark There is a concern that references to caring responsibilities (Simon Hughes), I hope that we will have a further might weaken the new powers in practice. A number of amendment to clause 3 to add an additional subsection the agencies that would use and enforce injunctions and applicable only in major city centres or other designated orders tell us that there is a real danger that specifically areas, which varies the conditions under which a power including caring responsibilities in the Bill would make of arrest attachment can be made to include wording it more difficult to secure appropriate conditions, and such as “deliberately organised antisocial behaviour”. that is not in the interests of the victims that these That will have to be dealt with in our further deliberations injunctions are designed to protect. I can assure my on the Bill. hon. and learned Friend that we do expect these matters I take this opportunity, Mr Deputy Speaker, to thank to be taken into account by courts considering injunctions you for allowing me to make a brief contribution. I as they relate to caring responsibilities. accept that the Minister is aware of some of the specific My hon. Friend the Member of Southwark and concerns for Westminster, but I also very much accept Bermondsey—I think he has gained a north somewhere; that he may wish to deal with this in writing rather than Bermondsey North and Southwark—asked why the going into it in great detail this evening. words on religious belief were qualified with the phrase “as far as practicable”. I am advised that it is similar to The Minister of State, Home Department (Norman the right to manifest one’s religion set out in article 9 of Baker): May I take the opportunity of my first outing in the convention. The right is qualified and can be limited my new capacity to thank Members on both sides of where necessary and proportionate. For example, it is the House for their good wishes and congratulations. I not necessary for someone who professes to be a Christian am deeply grateful for the support that has been shown to attend church every single day. I hope that is helpful across the House over the last week following my and answers his point. appointment. I look forward to working constructively with Members on both sides of the House as we take The Committee also agreed an amendment to clause 4, this agenda forward. tabled by my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch), to add head teachers and I am also delighted to see my predecessor, my hon. principals of further education colleges to the list of Friend the Member for Taunton Deane (Mr Browne), persons who can apply to a court for an injunction. The in the Chamber. I pay tribute to him for the significant intention was to tackle bullying in schools and colleges. work that he has done as a Home Office Minister. His I agree that it is vital that powers are in place to address attention to detail and his commitment have been exemplary, that problem, which blights the lives of too many young and I look forward to trying to emulate that in my role. people, but we need to get the detail right. She rightly I also welcome the hon. Member for Croydon North referred to the consultation that has taken place and the (Mr Reed) to his new role on behalf of the official responses to it, and I am grateful for her analysis and Opposition. her decision on how to proceed. However, I want to I will now deal with the various Government new assure her that we have drafted guidance to explain how clauses and amendments. Overwhelmingly, they follow the injunction could be used to address bullying, with up points raised in Committee, which is a testament to the help of front-line professionals and the BeatBullying the effectiveness of the scrutiny the Bill underwent organisation, which has advised us on the matter. I upstairs. There are a number of drafting and technical entirely accept her point about online bullying, a matter amendments in this large group. So as not to delay the I was considering only this afternoon in the Home House unduly, I will focus my remarks on the amendments Office. I can assure her that, as far as I am concerned, of substance. bullying will not be taken off the agenda. 537 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 538 Policing Bill Policing Bill [Norman Baker] However, having considered the matter further, we recognise that there might be cases where antisocial behaviour is Amendments 10 to 15 to clause 12 relate to the power inflicted by one member of a multi-occupancy household to exclude the subject of an injunction from their home. on another and where the flexibility to apply for such an As I have said, the Bill provides for prohibitions to be order could be helpful. Amendment 16 therefore removes attached to an injunction. In extreme cases where the that limitation. antisocial behaviour has involved actual violence or I turn now to the amendments to clause 93, which the threat of violence against another person, or where relate to the community remedy. That welcome initiative there is a significant risk of harm, someone can be gives victims of low-level crime and antisocial behaviour excluded from their home, but only if they live in social a say in the punishment of offenders out of court. housing. Police and crime commissioners will work with the public and chief constables to compile a menu of out- 8.30 pm of-court sanctions that can be used in appropriate cases During the Committee’s consideration of that provision, following consultation with the victim. At the heart of the hon. Member for Ashfield (Gloria De Piero) and the community remedy is our commitment to empowering others questioned the distinction between tenants in victims and communities to say what is right for them. I social housing and those who rent in the private sector do not think that that will include use of the stocks, or own their homes. The hon. Lady rightly pointed out which was referred to earlier. that, from the victim’s point of view, which housing We have brought forward amendments 45 to 48, sector the perpetrator lives in is irrelevant, and there which have three elements. The first two will put on the was broad support from the Committee for that view. face of the Bill what had always been our expectation: Having sought the views of professionals over the the actions included in the community remedy document summer recess, we agree. If allowing someone access must promote public confidence in the use of out-of-court to their home puts the victim at risk of violence or disposals and include an element that is punitive, restorative significant harm, powers must be available to stop that. or rehabilitative. The third change is a power for the Amendments 10 to 15 therefore extend the power to Secretary of State to issue guidance to which police and exclude a person from their home beyond the social crime commissioners must have regard when preparing housing sector. Of course, that power should be used a community remedy document. A draft of that forms only exceptionally, which is why it is subject to a high part of the document for practitioners, which we published judicial threshold and, in the case of renters in the last week. private sector and owner-occupiers, applications are The other Government amendments in the group are restricted to state agencies, meaning the police and the largely technical in nature, and I have placed a detailed local council. I hope that hon. Members will welcome letter in the Library. I commend the Government our response on those matters. The Government has amendments to parts 1 to 6 of the Bill to the House. listened carefully to the Committee and the experts. I turn now to amendment 96, tabled by the shadow Simon Hughes: My hon. Friend has said that his Home Secretary and spoken to today by the hon. Member amendments deal with an issue that was clearly for Croydon North. I am firmly of the view that antisocial controversial: the ability to deal with social housing behaviour still ruins too many lives and damages too tenants but not others and the need for a level playing many communities. There are, of course, problems in field. I hope that he will not forget to deal with our inner cities, but there are also problems in our smaller amendment 166 from the Joint Committee on Human towns, and that concerns all Members of this House. Rights, which would add some additional requirements, Up to March 2013, 2.3 million incidents of antisocial and that he might be persuaded that they are useful behaviour were reported to the police and we know additions. other incidents were reported to councils and social landlords. The previous Government tried—genuinely, Norman Baker: My right hon. Friend is as eager as he I think—to address the problem, but after more than was when he first arrived in this House many years ago. 10 pieces of legislation introduced before 2010 we have If he will allow me, I will get to the Committee and the been left with a mishmash of powers that is confusing amendments he referred to in his opening remarks in for the public and for the professionals who have to use due course. them, and that is less and less effective. The antisocial Another important issue raised in Committee relates behaviour order may have worked well in individual to the application of the new powers in relation to circumstances, but overall it has not worked well. Such antisocial behaviour in or around a respondent’s home, orders are too often seen as a badge of honour and, as this time in relation to the criminal behaviour order. has been said, over 50% of them have been breached at The first condition that must be met before a criminal least once and just over 40% have been breached more behaviour order can be made is that the court is satisfied than once. Also, the number of orders issued has been that the offender has engaged in behaviour that caused falling year on year. People are losing confidence in or was likely to cause harassment, alarm or distress to ASBOs. one or more persons not of the same household as the offender. In Committee the right hon. Member for Mr Steve Reed: Why are the Government seeking to Delyn (Mr Hanson) tabled an amendment to remove decriminalise antisocial behaviour when 80% of the that limitation. My right hon. Friend the Minister for public feel it is on the rise? How does that help? Policing and Criminal Justice made it clear at the time that the criminal behaviour order is not intended as a Norman Baker: I will come on to the powers we are tool for tackling domestic violence, as other more suitable introducing, but the hon. Gentleman spent a lot of his powers are available for that, and that remains the case. contribution talking about the injunction to prevent 539 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 540 Policing Bill Policing Bill nuisance and annoyance, which is one of the tools we of a CBO will be a criminal offence with a maximum are proposing, but we are also proposing a criminal sentence of five years in prison. That is the same sanction behaviour order, a breach of which is a criminal offence. as is available for the breach of an ASBO, but the CBO The CBO is in some ways most akin to the ASBO we will be more effective than the ASBO because, like the are seeking to replace, the injunction being an extra tool. injunction, it can have positive requirements attached I know Members on the Opposition Benches are still to it to help the offender turn their life around. wedded to ASBOs, despite the evidence, but by any These reforms are about putting the victim first and reasonable assessment the statistics show it has been providing streamlined, effective powers for enforcement increasingly failing. I want a system that is more effective agencies to do just that. Amendment 96 seeks to retain at tackling antisocial behaviour and has the confidence a discredited regime that has left people across the of the professionals who use it. We know that agencies country suffering from antisocial behaviour. I therefore such as the police, local councils and social landlords hope, perhaps optimistically, that the hon. Gentleman are working hard to protect victims and stop antisocial will withdraw his amendment in due course. behaviour, but they need the right powers to do this. That is why we are replacing the existing powers with six Mr Reed rose— streamlined, more flexible, quicker and more effective ones to protect the public better. Norman Baker: If the hon. Gentleman is going to withdraw it, I will gladly give way. Mr Reed: The Minister talked about trusting the police and local councils and adding more tools to their armoury, so instead of abolishing ASBOs why does he Mr Reed: I am not planning to withdraw it. I wonder not leave them on the statute book so that police and whether the Minister is dismissing out of hand the councils can choose whether it is appropriate to use views of the organisations that wrote a letter to The them or IPNAs, or any of the other tools the Government Times saying that this is “Ill-thought-out legislation” are providing in this Bill? that will waste police time and clog up the courts. The signatories to that letter include the Standing Committee on Youth Justice, Barnardo’s, Liberty, the National Norman Baker: First, ASBOs have been increasingly Council for Voluntary Youth Services, JUSTICE, the ineffective and have become a badge of honour in some Children’s Society, the Howard League for Penal Reform, cases; secondly, we want to streamline the powers so UK Youth, the Prison Reform Trust, and the Children’s they are clear; and, thirdly, we want to use powers that Rights Alliance for England. It is disappointing to hear are quick and efficient and that do the job, which is the Minister dismiss the legitimate concerns raised by what Members on both sides of the Chamber want: we those well-respected organisations. all want a swift reduction in antisocial behaviour. As I have said, the main replacements for the ASBO Norman Baker: I am certainly not dismissing them, are the injunction under part 1 of the Bill and the and they have been looked at carefully, but it is important criminal behaviour order under part 2. In drawing to look at the IPNA and the criminal behaviour order in comparisons with the ASBO, they should be seen together, tandem rather than merely concentrate on one of them. rather than be taken individually. The injunction is a purely civil remedy. That means it has a lower test than the ASBO on application, coupled with the lower civil Stephen Phillips: Does my hon. Friend agree that standard of proof, so it will be quicker to obtain than rather then relying on letters from the great and the the existing order. Front-line professionals will be able good, perhaps the best thing to do is to rely on the to use it as a preventive measure to nip emerging British people? He will no doubt remember that in 2012 problems in the bud before they escalate into something Angus Reid conducted a survey in which only 80% of more serious—which I think is good news for victims— people said they thought that ASBOs had been effective but, crucially, the court could also include “positive in tackling antisocial behaviour. Is not that why we need requirements” in the order. That is missing from the to change the regime? ASBO arrangements; indeed, that is one of their major flaws. That has meant the focus has been on stopping Norman Baker: That is exactly right. The shadow the behaviour, but not on getting individuals to deal Minister said that the recent crime survey showed that with the underlying drivers of their behaviour. If we are 80% of people think that antisocial behaviour is increasing. to prevent reoccurrences of bad behaviour, it is very That suggests to me that the current regime is not important we address that. working and needs to be replaced by something more Unlike for the ASBO, breach of the IPNA will not be efficient. a criminal offence. This means there is no risk of criminalising under-18s. It will also help to reduce the Dr Huppert: The shadow Minister mentioned a list of burden on the police and others in gathering and providing people who have concerns about IPNAs. I think they evidence. That does not mean that the injunction has no would agree with my right hon. Friend the Member for teeth if it is breached: it does. Adults can be imprisoned Bermondsey and Old Southwark (Simon Hughes) and I for up to two years for breaching the terms of the that we could look at those concerns, and I am sure that IPNA, and the court can detain an under-18 if it thinks the Minister will do so. They do not support ASBOs, as that, due to the severity or extent of the breach, no he suggests; they would like to get rid of ASBOs and other power available to the court is appropriate. have an improved, more sympathetic IPNA. We must not look at the injunction in isolation. It is complemented by the CBO, which will be available to Norman Baker: I am grateful for that intervention, deal with the most serious antisocial behaviour. Breach which puts the matter on the record. 541 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 542 Policing Bill Policing Bill [Norman Baker] that the injunction should not be used to stop reasonable, trivial or benign behaviours that have not caused and The shadow Minister expressed concern about the are not likely to cause harm to victims or communities. costs of dealing with IPNAs and the new regime that we For example, children simply playing in a park or on a propose to introduce. It is worth quoting the chief street, or young people lawfully gathering or socialising constable of Thames Valley police, Sarah Thornton, in a particular place, may be annoying to some, but who said: those activities are not in themselves antisocial and “So in terms of improving the effectiveness, yes we are going to should not be treated as such. have to train officers, but I think that is worthwhile…If there is a For cases where an injunction is sought and issued, bit of additional training cost, it really would be well worth it in we have included provisions for consultation so that terms of additional effectiveness in tackling anti-social behaviour youth offending teams, as well as any other agencies, locally.” such as local authorities and youth charities, are to be In other words, the relatively modest amount spent on involved in the process. training on IPNAs will more than repay itself in terms The Bill also requires that the court must hear the of the results that accrue. It is also worth pointing out views of the relevant youth offending team in breach that ASBOs were not without their costs either; it would proceedings. This will also allow the court to hear the be foolish to think that they were. A cost was involved views of the young person, in addition to the young in dealing with breaches of ASBOs just as there is with person’s views being put forward through a legal anything else. If I remember correctly, the shadow representative. Moreover, the Bill explicitly specifies Minister quoted a cost of £1.5 million for breaches of that a court can impose a detention order on a young IPNAs—allegedly; I am not quite sure where that figure person only as a very last resort—that is, where it comes from—but ASBO breaches cost money as well. determines that, because of the severity or extent of the If he wants to make a fair comparison, he ought to breach, no other power available is appropriate. include that in his assessment. As I said in response to an earlier amendment, given Let me turn to the amendments tabled by my right that the injunction is civil it will not criminalise young hon. Friend the Member for Southwark North and people. Indeed, it should prevent criminality, through Bermondsey—[Interruption.] I am sorry—Bermondsey the use of positive requirements. In these ways the new North and Southwark. I want to call it Southwark and powers improve on the orders they replace in order to Bermondsey because that it is what it was for so many give young people who behave antisocially the best years. Anyway, I mean my very old friend who moved chance of addressing the underlying causes of their the amendments. His amendments and those of the antisocial behaviour in the long term, which benefits hon. Member for Aberavon (Dr Francis) pick up a both the perpetrator and the victims. I emphasise that number of points raised by the Joint Committee on normal behaviour is not being caught by this. I want to Human Rights, which is of course a very important make it very clear that there should be no court orders Committee of this House. I am grateful to the Committee for playing in the street. for its detailed scrutiny of the Bill. Taken together, the On reporting, I accept there is a balance to be struck. amendments would introduce additional requirements Publicising orders can provide reassurance to victims that professionals and the courts would have to meet in and communities that action has and will be taken order to use the new powers. While I agree that we must when they report antisocial behaviour. However, I agree ensure that appropriate safeguards are in place, I believe that, when deciding to publicise an order against a that those are already built into the Bill and fear that young person, agencies must be satisfied that doing so is the Committee’s amendments would lose some of the necessary and proportionate, taking into account the benefits of our reforms in streamlining powers and likely effect on the young person in question. We have processes to help victims and empower front-line made it clear in the draft guidance that agencies must professionals. carefully decide each case on its own facts. That is New clause 33 is concerned with the use of injunctions already the way the courts have approached these provisions in cases involving children and seeks to place in the Bill and I expect them to be very careful in their use of this a requirement that the interests of the child are treated particular power. as a primary consideration when imposing an injunction, Amendments 158 to 162 relate to the definitions in any associated conditions or sanctions for a breach. In respect of the injunction, specifically to the test and the shaping our reforms, we have, naturally, carefully considered conditions that may be attached to them. I reassure my the needs and rights of young people, which are important, right hon. Friend that the injunction is an arbitrary or so that we get the right balance between enforcement unreasonable power and that in my view it achieves and helping those who commit antisocial behaviour to much of what he seeks in his amendments. turn their lives around. I am a little concerned, to be The test for issuing an injunction has two stages: an honest, about the use of the word “primary” in new applicant must satisfy the court, first, that an individual clause 33 with regard to setting that balance. has engaged or threatened to engage in conduct causing nuisance or annoyance and, secondly, that it is just and 8.45 pm convenient to grant the injunction. The test of “just and The injunction to prevent nuisance and annoyance convenient” is well known to the courts, being the test can be used to deal with a wide range of behaviours, that currently applies to the granting of an antisocial many of which can cause serious harm to victims and behaviour injunction. It is, therefore, supported by several communities, but it must not become a means of targeting years of case law. As part of the test, in deciding young people simply for being young people. We have whether to issue an injunction the court must, as a been explicit in the draft guidance to front-line public body bound by the Human Rights Act, have regard professionals—it was published last week—that in deciding to the principles of proportionality and reasonableness what is “nuisance or annoyance” they must be mindful before granting an application. 543 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 544 Policing Bill Policing Bill Similarly, any prohibitions or positive requirements behaviour is causing or is likely to cause harassment, granted must be for the purpose of preventing the alarm or distress to members of the public, or crime or respondent from engaging in antisocial behaviour, so it disorder in the locality. would not be possible or right to impose requirements that were completely unrelated to the respondent’s antisocial Simon Hughes: The hon. Member for Hayes and behaviour. It is important not to import new requirements Harlington (John McDonnell) and I both raised that into the test that could set the threshold too high and last matter. I understand my hon. Friend’s argument, delay providing relief to victims and communities. but I do not see how it is logical to protect picketing and processions in the Bill, as was done in Committee, but not the general right of free assembly. I do not think John McDonnell: I wonder whether the Minister could that the Bill should say that one can do certain things re-read the script that he has just read. He spoke about and not face a dispersal order, but not make it clear that an individual having one can do other lawful things without facing a dispersal “engaged or threatened to engage in conduct causing nuisance or order. annoyance”. The wording in the clause is Norman Baker: There was particular concern about processions and picketing. That is why they were singled “conduct capable of causing nuisance or annoyance”. out for mention in the Bill. I have made it plain this That is the problem. That is where judgment enters into evening that where a behaviour is lawful and is not it. That is why amendment 158 was tabled. It would put causing harassment, alarm or distress, the test for the use the emphasis on reasonableness in that judgment. of the dispersal power will not be met. I hope that that gives my right hon. Friend the reassurance that he seeks. Norman Baker: I understand entirely the point that Amendment 177 would remove the ability of landlords the hon. Gentleman is making. I make no promises, but in England to seek to evict tenants when they or members I have a lot of time for his analysis of the legislation and of their household have been convicted of an offence at will consider the point carefully. the scene of a riot anywhere in the United Kingdom. The Government believe that clause 91 sends out the I will turn to the amendments that my right hon. strong and important message that if somebody gets Friend has tabled to clause 12, which sets out the involved in a riot, whether it is near their home or not, limited circumstances in which an injunction may exclude there may be consequences for their tenancy. However, someone from their own home. I agree that the courts Members have asked me to reflect on that matter and must consider whether it is necessary and proportionate I will, of course, listen to the House and reflect on it to exclude someone from their home, regardless of without prejudice to the outcome of that reflection. We whether they live in social housing, rent privately or will respond fully to the report of the Joint Committee on own their own home. However, I am not persuaded that Human Rights in due course. For now, however, I hope those principles need to be included in the Bill. that my right hon. Friend will not press amendment 177 We have made it clear in the guidance that not only or new clause 33. do we expect that the exclusion power will be used only The shadow Minister and the right hon. Member for rarely, but that the court will pay special attention to Dwyfor Meirionnydd (Mr Llwyd), who is no longer in whether it is proportionate to use the power, taking into his place, spoke about amendment 82, which is a account the individual’s article 8 rights. As such, applications consequential amendment to the Government of Wales should be made only in exceptional cases that meet the Act 2006. Provisions on antisocial behaviour orders are high threshold set out in clause 12—that is, where there among the exceptions to the legislative competence of is a threat of violence or a significant risk of harm. the National Assembly for Wales in respect of local Several of my right hon. Friend’s amendments to government matters. Amendment 82 simply updates clause 21, which provides for the criminal behaviour that exception to recognise the abolition of the ASBO, order, are similar to those that he tabled in respect of thus preserving the status quo with regard to the Assembly’s the injunction and are unnecessary for the same reasons. competence. The UK Government is firmly of the view The draft guidance to the Bill makes it clear that we that amendment 82 is purely consequential upon the expect that the courts will follow existing case law from abolition of antisocial behaviour orders, so a consent the House of Lords in relation to antisocial behaviour motion is not required. It is also difficult to wait for the orders and that they will apply the criminal standard to outcome of the Silk commission, as a failure to amend criminal behaviour orders. The amendments to clause 21 the Government of Wales Act now would alter the are therefore unnecessary. legislative competence of the National Assembly. Our intention is therefore to preserve the status quo and no My right hon. Friend has also tabled an amendment more. to the new dispersal power to explicitly exempt all peaceful assemblies from its use. I agree that that is an Stephen Phillips: Is it not a difficulty, though, that even important point, but I would argue that the safeguards though the amendment may be intended simply to be that we have built into the legislation will ensure that consequential and to replace the provision relating to the dispersal power is used proportionately, while the ASBO, it is drawn so broadly that, as Opposition maintaining the flexibility to allow the police to act Members have pointed out, it might also have an effect quickly to protect victims and communities from antisocial in other areas in which the Assembly currently has behaviour. Where behaviour is lawful and is not causing legislative competence? harassment, alarm or distress, the test for using the dispersal power will not be met. Mere presence in an Norman Baker: The advice I am getting from officials area is not itself a ground for dispersal, so the power is very clear—that this is an appropriate conclusion could not be used. The test will be met only if someone’s to reach. However, three Members have now raised 545 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 546 Policing Bill Policing Bill [Norman Baker] Simon Hughes: The hon. Gentleman is absolutely right; I meant amendment 177, which is the highest- that matter, and they have done so in quite strident or numbered in the group. I apologise if I said amendment 178 convinced terms, so I will write to them with a firm mistakenly. I think the Joint Committee will hold the conclusion. same view as him. I hope that my hon. Friend the Minister will realise Mr Steve Reed: We are raising these issues because that by not taking the opportunity of a lifetime to make the Welsh Assembly Government have raised them. concessions on the Floor of the House on Report of the Perhaps, rather than driving something through after first Bill for which he was responsible in the Home the UK Government have legal advice that is clearly Office, he may have lost a reputation that could never different from the Welsh Assembly Government’s, the have had a parallel. However, he has an opportunity to Minister will commit to speaking to the Welsh Assembly redeem himself and establish his credentials. Government before taking further steps. Seriously, however, some of the issues involved are important ones of civil liberties. The Joint Committee Norman Baker: As I understand it, we have spoken to thinks so and Members from throughout the House the Welsh Assembly Government, but I think I have think so, so I hope the Minister will persuade his made a generous offer in saying that because Members colleagues that there need to be changes, and that the have raised a constitutional point, although I believe ones suggested in the new clause and amendments the Government’s position is sound—that is the clear could be among them. I beg to ask leave to withdraw advice I am getting from officials—I will ask officials to the clause. set that down for me in writing, and I will write to the Clause, by leave, withdrawn. three Members who have raised the matter this evening. Amendment made: 1, page 2, line 7, leave out I think that is quite a good offer, if I may say so. paragraph (b). —(Norman Baker.) I hope that I have been helpful in responding to the amendments and new clauses that Members have tabled. I think we have a good Bill, and I commend it to the House. Clause 4

Simon Hughes: I am grateful to my hon. Friend the APPLICATIONS FOR INJUNCTIONS Minister for dealing with all the new clauses and amendments—those that I moved not on my own behalf Amendments made: 2, page 3, line 38, at end insert— but on behalf of the Joint Committee on Human Rights; ‘() the Natural Resources Body for Wales,’. the Opposition Front Benchers’ amendment; and his Amendment 3, page 3, line 39, leave out from ‘functions’ own Government amendments. to end of line 43 and insert For the record, first, my constituency is called ‘, or a Special Health Authority exercising security management Bermondsey and Old Southwark. I know that it is the functions on the direction of the Secretary of State, or fourth formulation of the name in 30 years, but none the less, we have to keep up. Secondly, the Minister is () the Welsh Ministers exercising security management functions, or a person or body exercising security still a good friend, but for him to call me “my very old management functions on the direction of the Welsh friend” was not a way to get off on the right foot. He is Ministers or under arrangements made between the not that much younger than me, although I accept that Welsh Ministers and that person or body.’. there is a gap between us. Amendment 4, page 3, line 44, leave out paragraphs On the substance of the new clause and amendments, (h) and (i). I am clear that we are right to say no to antisocial Amendment 5, page 4, line 1, at end insert— behaviour orders, for reasons that Members of all parties have given evidence of. We are also right, as a Government, ‘( ) In subsection (1) “security management functions” to introduce two options—a criminal order and a civil means— order. I hope that when the Bill becomes law, Ministers (a) the Secretary of State’s security management functions will produce something that makes clear the benefit to within the meaning given by section 195(3) of the youngsters of not having a criminal record, because National Health Service Act 2006; they will not have committed a criminal offence. (b) the functions of the Welsh Ministers corresponding to In relation to certain of the new clauses and amendments, those functions.’.—(Norman Baker.) I believe that the Joint Committee and other colleagues will not want to let the matter rest. I refer particularly—I am guessing, because the Committee will form its view collectively—to new clause 33, amendments 158, 165 Clause 8 and 166, and, most importantly, amendments 176 and 178. ARREST WITHOUT WARRANT Amendments made: 6, page 5, line 21, at end insert— John McDonnell: The last one is amendment 177. I think the right hon. Gentleman said it was ‘(za) a judge of the High Court or a judge of the county amendment 178. On amendments 176 and 177, I do not court, if the injunction was granted by the High think the Minister has gone anywhere near far enough Court;’. to satisfy the concerns of the Joint Committee or other Amendment 7, page 5, line 27, leave out ‘(3)(a)’ and Members. insert ‘(3)(za) or (a)’.—(Norman Baker.) 547 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 548 Policing Bill Policing Bill Clause 9 ‘(3) While an appeal against a community protection notice is in progress— ISSUE OF ARREST WARRANT (a) a requirement imposed by the notice to stop doing specified things remains in effect, unless the court Amendments made: 8, page 5, line 38, at end insert— orders otherwise, but ‘() a judge of the High Court, if the injunction was (b) any other requirement imposed by the notice is of no granted by the High Court;’. effect. Amendment 9, page 6, line 3, at end insert— For this purpose an appeal is “in progress” until it is finally ‘()Awarrantissued by a judge of the High Court must determined or is withdrawn.’.—(Norman Baker.) require the respondent to be brought before that court.’.— (Norman Baker.) Clause 45

Clause 12 OFFENCE OF FAILING TO COMPLY WITH NOTICE Amendments made: 22, page 26, line 9, leave out POWER TO EXCLUDE PERSON FROM HOME IN CASES OF ‘specified in’ and insert ‘alleged to constitute a failure to VIOLENCE OR RISK OF HARM comply with’. Amendments made: 10, page 6, line 24, after ‘lives’ Amendment 23, page 26, line 11, leave out paragraph (a). insert ‘(“the premises”)’. Amendment 24, page 26, line 19, leave out paragraph (a). Amendment 11, page 6, line 25, leave out paragraph (a). —(Norman Baker.) Amendment 12, page 6, line 27, leave out ‘the local authority or housing provider’ and insert— Clause 60 (i) a local authority, (ii) the chief officer of police for the police area that ORDERS RESTRICTING PUBLIC RIGHT OF WAY OVER the premises are in, or HIGHWAY (iii) if the premises are owned or managed by a Amendment made: 25, page 36, line 7, at end insert— housing provider, that housing provider,’. ‘( ) Before a local authority makes a public spaces protection Amendment 13, page 6, line 35, leave out ‘local order restricting the public right of way over a highway that is authority or’. also within the area of another local authority, it must consult Amendment 14, page 6, line 37, leave out ‘authority that other authority if it thinks it appropriate to do so.’.— or’ and insert ‘housing’. (Norman Baker.) Amendment 15, page 6, line 40, leave out ‘authority or’ and insert ‘housing’.—(Norman Baker.) Clause 62

CHALLENGING THE VALIDITY OF ORDERS Clause 21 Amendments made: 26, page 37, line 6, at end insert ‘, or POWER TO MAKE ORDERS () a variation of a public spaces protection order.’. Amendments made: 16, page 11, leave out line 26 and Amendment 27, page 37, line 10, after ‘order’ insert insert ‘any person’. ‘or variation’. Amendment 17, page 12, line 4, leave out paragraph Amendment 28, page 37, line 11, after ‘order’ insert (b).—(Norman Baker.) ‘(or by the order as varied)’. Amendment 29, page 37, line 13, after ‘order’ insert Clause 32 ‘or variation’. Amendment 30, page 37, line 15, after ‘order’ insert AUTHORISATIONS TO USE POWERS UNDER SECTION 33 ‘or variation’. Amendment made: 18, page 18, line 23, leave out from Amendment 31, page 37, line 17, leave out ‘public ‘if’ to first ‘that’ in line 25 and insert ‘satisfied on spaces protection order’ and insert ‘order or variation’. reasonable grounds’.—(Norman Baker.) Amendment 32, page 37, line 17, leave out ‘its prohibitions or requirements’ and insert Clause 40 ‘the prohibitions or requirements imposed by the order (or by the order as varied)’. POWER TO ISSUE NOTICES Amendment 33, page 37, line 20, after ‘order’ insert Amendment made: 19, page 23, line 1, leave out ‘or variation’. subsection (5).—(Norman Baker.) Amendment 34, page 37, line 21, after ‘order’ insert ‘(or by the order as varied)’. Amendment 35, page 37, line 24, leave out from first Clause 43 ‘or’ to end of line and insert ‘variation, or any of the prohibitions or requirements imposed APPEALS AGAINST NOTICES by the order (or by the order as varied)’. Amendments made: 20, page 24, leave out lines 19 to Amendment 36, page 37, line 25, leave out ‘its 22. prohibitions or requirements’ and insert Amendment 21, page 24, line 31, leave out subsection (3) ‘the prohibitions or requirements imposed by the order (or by and insert— the order as varied)’. 549 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 550 Policing Bill Policing Bill Amendment 37, page 37, line 29, after ‘order’ insert (c) whatever other public consultation the local policing ‘, or of a variation of a public spaces protection order,’.—(Norman body thinks appropriate.’. Baker.) Amendment 47, page 64, line 16, at end insert— ‘( ) The Secretary of State must publish any guidance issued Clause 63 under subsection (3)(b).’. Amendment 48, page 64, line 22, at end insert— OFFENCE OF FAILING TO COMPLY WITH ORDER ‘“out-of-court disposal process” means the process by Amendment made: 38, page 38, line 3, at end insert— which a person is dealt with under section94 or ‘( ) Consuming alcohol in breach of a public spaces protection by means of a conditional caution or youth order is not an offence under this section (but see section 59).’. conditional caution.’.—(Norman Baker.) —(Norman Baker.) New Clause 20 Clause 70 FUNCTIONS OF SCOTTISH MINISTERS UNDER FIREARMS DURATION OF CLOSURE NOTICES ACTS Amendment made: 39, page 42, line 14, at end insert— ‘(1) In section 5 of the Firearms Act 1968 (weapons subject to ‘( ) In calculating when the period of 48 hours ends, Christmas general prohibition)— Day is to be disregarded.’.—(Norman Baker.) (a) in subsections (1) and (1A), for the words between “commits an offence if,” and “, he has in his Clause 73 possession” there is substituted “without authority”; (b) in subsection (4), for the words from the beginning to POWER TO COURT TO MAKE CLOSURE ORDERS “the Scottish Ministers” there is substituted “An Amendment made: 40, page 44, line 11, at end insert— authority shall be subject to conditions specified in it, including such as the Secretary of State or the ‘( ) In calculating when the period of 48 hours ends, Christmas Scottish Ministers (as appropriate)”; Day is to be disregarded.’.—(Norman Baker.) (c) in subsection (6), for the words before “revoke an authority” there is substituted “The Secretary of Clause 81 State or the Scottish Ministers (as appropriate) may at any time, if they think fit,”. REIMBURSEMENT OF COSTS (2) In section 5A of that Act (exemptions from requirement of Amendments made: 41, page 49, line 17, after ‘owner’ authority under section 5)— insert ‘or occupier’. (a) in subsections (1), (2)(a), (2)(b), (3), (4), (5), (6) and (7), Amendment 42, page 49, line 21, at end insert— for “or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998)” ‘( ) An order under this section may be made only against a there is substituted “or the Scottish Ministers”; person who has been served with the application for the order.’. (b) in subsection (6), for the words after “without the Amendment 43, page 49, line 22, after ‘must’ insert authority of the Secretary of State” there is substituted ‘also’. “or the Scottish Ministers (as appropriate)”. Amendment 44, page 49, line 26, leave out paragraph (3) In the Firearms (Amendment) Act 1997— (c).—(Norman Baker.) (a) in sections 2, 3, 4, 5, 6, 7(1) and 8 (exemptions from prohibition on small firearms etc), for “The authority Clause 93 of the Secretary of State or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998)” there is substituted “The THE COMMUNITY REMEDY DOCUMENT authority of the Secretary of State or the Scottish Amendments made: 45, page 64, line 3, at end insert— Ministers”; ‘( ) For the purposes of subsection (2), an action is appropriate (b) in section 7(3), for the words “or the Scottish Ministers to be carried out by a person only if it has one or more of the (by virtue of provision made under section 63 of the following objects— Scotland Act 1998)”, in the first place where they (a) assisting in the person’s rehabilitation; occur, there is substituted “or the Scottish Ministers”. (b) ensuring that the person makes reparation for the (4) In the Scotland Act 1998 (Transfer of Functions to the behaviour or offence in question; Scottish Ministers etc.) Order 1999 (S.I. 1999/1750)— (c) punishing the person.’. (a) in Schedule 1, in the entry for the Firearms Act 1968, Amendment 46, page 64, leave out lines 6 to 11 and the words “5 and” are omitted; insert— (b) in Schedule 5, paragraph 3 and paragraph 18(2) to (6), (7)(a) and (8) are omitted.’.—(Damian Green.) ‘(a) have regard to the need promote public confidence in the out-of-court disposal process; Brought up, and read the First time. (b) have regard to any guidance issued by the Secretary of State about how local policing bodies are to 9pm discharge their functions under this section; Damian Green: I beg to move, That the clause be read (c) carry out the necessary consultation and take account a Second time. of all views expressed by those consulted. ‘( ) In subsection (3)(c) “the necessary consultation” means— Mr Deputy Speaker (Mr Lindsay Hoyle): With this it (a) consultation with the chief officer of police for the will be convenient to discuss the following: area, New clause 4—Firearms’ licensing— (b) consultation with whatever community representatives the local policing body thinks it appropriate to ‘(1) The Firearms Act 1968 is amended as follows. consult, and (2) After section 28A (Certificates: supplementary) insert— 551 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 552 Policing Bill Policing Bill “28B Assessing public safety act. As the House will agree, decisions must be made on (1) When assessing the threat to public safety under a case-by-case basis, but guidance is clear that evidence sections 27, 28, 30A, 30B or 30C the Chief Police Officer must of domestic violence will generally indicate that an ensure that a range of background checks are performed. application should be refused. That new guidance is being (2) Where these checks uncover substantiated evidence of applied now by police forces up and down the country, violent conduct, domestic violence, mental illness or drug or which I hope will be welcomed across the House. alcohol abuse, the presumption is that the Chief Police Officer New clause 4 also seeks to introduce a requirement should refuse the licence application unless exceptional evidence can be brought forward by the applicant as to their suitability to that the police must follow any guidance issued by the possess a weapon. Home Secretary when assessing public safety. I consider, however, that guidance must remain just that. It is right (3) When assessing public safety within this section the Chief Police Officer must follow any guidance issued by the Secretary that chief officers have discretion to assess applications of State.”. for firearms in their local area, taking into account the merits of each case and the newly published guide. (3) Section 113 of the Firearms Act 1968 (power of Secretary of State to alter fees) is amended as follows. Chief officers are ultimately responsible for public safety at local level. The Government have sought to make (4) After subsection (1) insert— decision making a local responsibility wherever possible. “(1A) Before making an order under this section the Secretary I do not want to undermine that, which is what new of State must consult with chief police officers to ensure the level clause 4 would do. of fees collected by the police under sections 32 and 35 are appropriate after considering the costs they incur through the We are ensuring that where national action can support administration and assessment of firearms’ licences made under local decision making, it does. We are working with the this Act.”.’. national policing lead for firearms and explosives licensing Government amendments 100 to 105. to ensure that police have a more detailed awareness and understanding of the Home Office guide. The Damian Green: The purpose of the amendments is to College of Policing will be publishing authorised preserve the position of the authority of Scottish Ministers professional practice on firearms licensing, which will under section 5 of the Firearms Act 1968. The new complement and cross-refer to our guidance. In order firearms offence of possession for sale or transfer of to assess standards, Her Majesty’s inspectorate of any prohibited weapon is committed where the conduct constabulary has carried out a scoping exercise on how is undertaken firearms licensing is conducted in practice, and we will “without the authority of the Secretary of State or the Scottish use the findings from the exercise to drive up the consistency Ministers”. of decision making across the country. Again, that was The existing functions of the Secretary of State under a legitimate point made in the course of our debates section 5 were transferred to Scottish Ministers by and outside. People wanted greater consistency and, order under section 63 of the Scotland Act 1998 on again, we have taken action. As I said, HMIC is now devolution. Additional functions under section 5 need doing that work. to be transferred to Scottish Ministers in relation to The second part of new clause 4 seeks to introduce a new offences created by the Bill. Therefore, new clause 20 legal requirement for the Secretary of State to consult revokes the entry in the 1999 order in respect of section 5 all chief police officers before revising the licence fees so of the 1968 Act, and transfers afresh all the Secretary of that they achieve full cost recovery. I reiterate that State’s functions under that section to Scottish Ministers. consultation with the police is integral to the fee-setting Amendments 100 to 105 are consequential on new process and we accept the need to consider the impact clause 20. of licensing on police resources. That is why we are I suspect it will help the House if I respond to new introducing a new online licensing system, which cuts clause 4 before the Opposition deal with it, in that the administrative burden of the old paper-based system. peculiar way we sometimes have. The new clause has We do not need primary legislation to make this happen. been tabled by those on the Opposition Front Bench Until we have driven out the inefficiencies in the and relates to two firearms licensing issues that we current paper-based approach to the licensing function, discussed in Committee and during the Westminster it would not be appropriate to raise the fees fourfold in Hall debate initiated by the hon. Member for Easington order to achieve, in one giant step, full cost recovery, (Grahame M. Morris) in early September. The first part which I assume is the purpose of new clause 4. As I have of the new clause seeks to create a presumption that if said in other forums, we are considering proposals for an applicant for a firearm meets one of the stated an interim fee increase and I will make an announcement criteria, the police should not grant a licence. The stated on that in due course. criteria include evidence of domestic violence, mental In conclusion, I hope the Opposition Front-Bench illness, and drug or alcohol abuse. team will acknowledge that progress has been made in As I said in Committee, the police already have the all the significant areas where criticism of the system ability to take those factors into account when assessing could legitimately be made a few months ago. I hope I the risk to public safety. I understand that there are have persuaded them that further legislation is unnecessary. particular concerns about domestic violence and abuse, On the off-chance that I have been unsuccessful in and in response to those, on 31 July we published persuading the Opposition Front Bench that new clause 4 specific guidance on that issue, providing greater detail is unnecessary, I will have no hesitation in inviting the on how the police should handle such cases. Just last House to reject it. week, we published a new consolidated guide on firearms licensing law. It is therefore fair to say that the Government Diana Johnson: I thank the Minister for setting out have taken on board the many important points that his amendments. The Opposition think these are entirely were raised in Committee, and we have been quick to sensible and we support them. However, we depart from 553 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 554 Policing Bill Policing Bill [Diana Johnson] and the Select Committee on Home Affairs have all proposed tougher rules to prevent people with a history the Government on what more needs to be done. That is of drug or alcohol abuse, mental illness and violence, why I shall speak to new clause 4 tabled by my right especially domestic violence, from acquiring firearms. hon. Friend the Member for Delyn (Mr Hanson). That is why Labour is proposing new clause 4 to enshrine The new clause would do three things. First, it calls a clear principle that there should be a presumption for a broader range of better background checks to be that anyone with a history of domestic or sexual violence, included as part of the licensing process. Secondly, it drug or alcohol problems, or mental illness should not would amend the Firearms Act 1968 to introduce an be allowed a firearm. I do not agree with the Minister explicit presumption that anyone with a history of that that undermines local decision making; it helps domestic violence, drug or alcohol abuse, or mental and strengthens it. illness would be prevented from acquiring a firearms Never again should the police, looking at the file of licence unless they could provide exceptional evidence a violent offender, think, “I would like to refuse this to the contrary. Thirdly, it would introduce full cost application but I am not sure whether I can.” Owning a recovery to ensure that the cost of a licence reflects the gun is a privilege and not a right. In Committee, cost to the police of processing it. a number of hon. Members were very concerned about Why is this needed? There are 146,426 people in the using mental health in such a way. We have had a UK who have firearms certificates, covering 498,048 number of debates to discuss mental health and the individual firearms, and 570,726 people who have shotgun discrimination that might be faced by people who have certificates, covering 1,333,701 individual shotguns. Given had mental health problems. I reiterate that the proposal that this involves nearly 2 million weapons, we should is to set down a presumption that can be rebutted if be thankful that gun crime is a relatively rare phenomenon there is good evidence—for example, if someone had in the UK. This is an indication that in most cases the mental health issues many years ago but has not suffered licensing system does work and the overwhelming majority recently. We are also not saying that people with a of members of the shooting community are very conscious history of mental illness cannot take part in shooting. of their responsibilities and of public safety. The problem They can, but at registered clubs, not with their own is that when a gun crime does occur, its effects tend to guns to which they would have access at home. be catastrophic. The Government claim that the introduction of the We all know of the horrendous case of Derrick Bird, new guidance, which the Minister mentioned, addresses who killed 12 people, including himself, with a legally that issue. The Opposition question whether that is owned firearm. In the past five years there have been enough. We know that the Gun Control Network has 43 female gun deaths in Great Britain and in at least said: 23 of them a legally owned weapon was used. In the “The Home Office says it is issuing new Guidance to the Police past 12 months, 75% of female gun deaths occurred in on Firearms Licensing but the new draft does not change the ethos. There is no statement anywhere that gun ownership is a domestic incidents. In 2009 that figure was 100%. privilege and not a right.” I want particularly to mention the case of Michael The problem is not just whether the new guidance is Atherton, to which the Minister referred. Michael Atherton sufficient but whether guidance could ever be sufficient. killed his partner Susan McGoldrick, her sister Alison Let me share with the House the case of Mr X, in which Turnbull, her niece Tanya Turnbull and himself on new the police attempted to block a firearms application year’s day 2012. He did that with a legally owned only for that attempt to be turned down on appeal. shotgun. Michael Atherton had three legally owned Mr X’s shotgun licence was seized after he was arrested shotguns despite a history of domestic violence, alcohol on suspicion of sexual assault against a 17-year-old abuse and mental health problems. A note attached to woman. The police thought the allegation was plausible, Atherton’s first application for a firearms licence in but the young woman did not want to appear in court 2006 said: so the charges were dropped. That was not the first “Four domestics, last one 24/4/04, was cautioned for assault. allegation against Mr X. Other women had previously Still resides with partner and son and daughter. Would like to made complaints about him. His GP also reported that refuse, have we sufficient info to refuse re public safety?” he was suffering from acute stress. The deputy chief Durham constabulary decided that it could not refuse; constable of the relevant police force took the decision in fact, Michael Atherton was allowed to keep his to revoke Mr X’s shotgun licence. However, despite the weapons despite the police being called to domestic deputy chief constable’s taking a day to appear in front incidents on another two occasions, including one in of the court, Mr X had his shotgun licence returned by which he threatened to blow his head off with his own the court. I appreciate that the Minister will not want to guns. comment on individual cases, but I would like him to Since that tragedy, Alison Turnbull’s son, Bobby Turnbull, confirm to the House that the outcome of that case has been campaigning for a change in the law to prevent would not have been altered by the new guidance. such tragedies from happening again. I pay tribute to The Opposition have tabled new clause 4 because we Mr Turnbull for the brave and committed way in which believe that the firearms licensing system, particularly he has gone about his campaign. I know that the for shotguns, needs to be more robust to protect the Minister has met Bobby Turnbull and that the Minister, public, but we also recognise that the system could be along with all members of the Public Bill Committee, better. I pay tribute to the work of the British Association received a letter from Mr Turnbull supporting Labour’s for Shooting and Conservation and the constructive new clause. way in which it has engaged in the debate on gun There were multiple police failings in the case, but, as licensing. It has considerable expertise and I am grateful I have pointed out, it was not a one-off and the Durham for its assistance. The association is right to point out coroner, the Independent Police Complaints Commission that the firearms licensing system often fails to serve the 555 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 556 Policing Bill Policing Bill shooting community. There are big discrepancies between by 2015. Why only 50% and why will that not come into police forces and sometimes big delays. It is not uncommon effect until after 2015? It seems fairly shambolic of the for a renewal to take many months. There is a general Government to introduce a 20% cut in police budgets in consensus that the system needs to improve. 2010 and then to introduce a 50% fee recovery five years later. The Government have claimed that they want to 9.15 pm improve the system of background checks associated I have been impressed with the Association of Chief with a firearms licence, even though they will not commit Police Officers and Chief Constable Andy Marsh on to putting this in legislation. But can the Minister that, but, obviously, there is only so much that ACPO confirm that he is asking police forces to move resources can do. One reform to which the Minister referred was from front-line policing into licence applications? the introduction of the electronic application process. On the basis of the case I have put before the House, I However, my understanding is that only a few forces would like to test its opinion on this matter, because have signed up, and its effect will therefore be minimal. I think that it has widespread support. Will he, in his final comments, say how many police forces have signed up to the new application process? Steve Rotheram (Liverpool, Walton) (Lab): I want Will he explain what progress is being made to encourage to focus my remarks on new clause 4. Part 8 of the more forces to sign up? Bill deals with firearms, and I broadly welcome the The final part of new clause 4 deals with full-cost Government’s proposals on sentencing, but I urge them recovery and would require the Home Secretary to to go further on checks and fees. Following the Dunblane consult the police before setting a fee, to enable police shootings in 1996, in which 16 children and one teacher forces to recoup all the costs they incur in the administration lost their lives, the Labour Government were right to and assessment of firearms licences. Currently, a firearms ban handguns and introduce tough new licensing laws, licence costs just £50 for five years and only £40 for a but it is also right that we, as parliamentarians, periodically renewal, but if an application is processed properly it review such laws. I therefore commend the Minister for takes up a considerable amount of time, including the introduction of these proposals. home visits and background checks, which is not reflected in the cost of the licence. The cost of administering the Despite the UK having one of the lowest rates of gun firearms licence is much higher, and therefore the taxpayer deaths in the world, it is no secret that there are pockets is currently subsidising the firearms licensing system to of the country in which the criminal use of firearms the tune, the police tell us, of £18 million a year. The remains a problem. It is often most notable in large cost is particularly high for some forces. The net cost for cities, where gangs can plague communities. However, it Thames Valley police was £780,000. would be wrong to assume that the sale or transfer of prohibited firearms is the only consideration that Parliament Paragraph 6.2.1 of the Treasury document “Managing should look to reform. Public Money”, which was published by the Chief Secretary to the Treasury to explain the Government’s Jim Shannon (Strangford) (DUP): Does the hon. approach to cost recovery and resource allocation principles, Gentleman agree that it is not right to pursue legislative states: change against law-abiding citizens who do not transgress? “The standard approach is to set charges to recover full costs. Would it not be better to focus attention on the lawbreakers Cost should be calculated on an accruals basis, including overheads, depreciation (eg for start up or improvement costs) and the cost instead? of capital.” Will the Minister explain whether that paragraph applies Steve Rotheram: I suppose it would depend on the to firearms recovery? Can he justify the £18 million a aim of the legislative change. The community that I year net subsidy currently provided to the licensing represent needs a strong message to be sent from this regime when front-line police officer numbers are being House that the current level of gun crime is unacceptable cut by 20%? Many police and crime commissioners do and that we will give the police every power possible to not believe that the current situation is acceptable. In tackle the blight on our neighbourhoods. the current public spending climate, can the Government In recent years, we have also seen a rise in the use of justify attacking what they call the “spare room subsidy” firearms, breaching police and public safety, by individuals while defending the spare gun subsidy? with track records of domestic violence and mental All hon. Members want improvements in the firearms illness, leading one coroner to call for “root and branch licensing system, which means that we want investment changes” to gun licensing laws. For instance, in the last in infrastructure and new systems, but also that we want 12 months, 75% of female gun deaths occurred in the police to conduct more background checks. However, domestic incidents, and 53% of female gun deaths in the the Government need to start explaining where they last five years have involved the use of a legally held want the funds to provide that to come from. Do they weapon, so the improved guidance that the Minister has want funds to come from general policing budgets—money provided for the police on this issue is to be welcomed. that could otherwise be keeping bobbies on the beat? Such statistics reinforce Labour’s call to ensure that Will the Minister explain why, at £50 for five years, the applicants do not have a history of domestic violence or annual cost of a firearms licence is barely a third of the violent conduct as a statutory requirement and not just cost of a fishing licence, which costs £27.50 a year, or as a discretionary guideline. While the last Labour why it is the equivalent cost of a Criminal Records Government went a long way to reducing crime and Bureau check, which costs £44 and requires only a encouraging safer, stronger communities, and introducing name to be checked against a database? tough sentences for gun crimes, too many people still The Government’s current position is, as the Minister believe the use of guns to be an occupational consequence has said, that they will aim to introduce a fee regime of their criminal activity. Perhaps the most high-profile under which 50% of the cost is recovered by the police incident of gun crime was the appalling murder of 557 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 558 Policing Bill Policing Bill [Steve Rotheram] shotgun licence is only £50 for five years, yet the cost to the administrating force is, according to the Gun Control 11-year-old schoolboy Rhys Jones in Liverpool in 2007. Network, about £200. Considering that the firearms Sean Mercer was sentenced to life in prison, but what licence averages out at just £10 a year, it is cheaper to made the incident even more sickening and unpalatable own a gun than it is to own a fishing licence. That is was that Mercer was just 18 years of age. That is why absurd. I cannot see why the taxpayer is being asked to the Government are right to be tough on those who subsidise a large number of gun licences that are being possess prohibited firearms and who sell or transfer issued to and used by a minority of individuals who them to criminal gangs, which blight neighbourhoods wish to use guns for recreational sport. I am not aware in so many of our major cities. of any other licensing system that subsidises to that In my own city, we have tried many innovative approaches degree. to tackling gun crime. Across Merseyside, the police and the local media deserve enormous credit for the Tessa Munt (Wells) (LD): In a rural area such as campaigns they have undertaken on firearm detection mine, a number of people have to hold firearms licences and recovery. This is not just some right-wing tough-on- because they deal with fallen stock. I assume that that crime agenda; this is an issue that primarily affects the would be a legitimate business expense that they could lives of ordinary people up and down the country, claim to do their job. Putting the firearms costs at the something that Parliament must ensure is reflected in correct level so that the police do not have to ask other the strength of the laws that govern gun control licensing taxpayers for some sort of subsidy would be a logical and in the length of imprisonment. That is why I thing to do, and would not cause problems in rural support clause 100, which seeks to separate the existing areas where these firearms are needed. offence in the Firearms Act 1968 into two parts, and, in 9.30 pm doing so, make it an offence to possess prohibited firearms for sale and transfer, and introduce a maximum Steve Rotheram: The hon. Lady is absolutely right penalty of life imprisonment. that if the burden can be transferred to another expense and taken from the police force budgets to subsidise this It is also right for the clause to increase the maximum practice, it could only be good for law enforcement in penalty for the existing offences of manufacture, sale or the country. Last year, Devon and Cornwall police transfer, or the purchase or acquisition for sale or estimated that they spent a total of £1.2 million on transfer, of unauthorised firearms from 10 years to life completing firearms licence applications, but recouped imprisonment. Speaking with Merseyside police and only £514,000 in fees—phenomenally disproportionate. the governors of local prisons, it is becoming increasingly clear that the tactic deployed by gangs is to use the same Unsurprisingly, I am very much of the opinion that firearm for different shootings, but then to redistribute we should implement full cost recovery in the UK. In the gun to different members of the gang as and when it 2012, the police spent almost £20 million on administering is “needed”, so to speak. By making the transfer of a firearms licences. I do not believe that the public would firearm a crime punishable by a life sentence, I am deem that to be a good use of declining police resources. positive that this will act as a stronger deterrent, and I understand that the Government are in the process of that those who ignore this change and are later prosecuted implementing a new fees system, to which the Minister will receive severe custodial sentences. just referred. Unfortunately, it represents a missed I support clause 101, which seeks to amend sections 50 opportunity because it will not include a full cost recovery and 170 of the Customs and Excise Management Act 1979 proposal, only an increase in the fees. to increase the maximum penalty for the unlawful I shall finish by sharing with the House the remarks importation of firearms, prohibited under section 5 of of Lord Justice Openshaw who, in April this year, the Firearms Act 1968, from 10 years to life imprisonment. sentenced seven members of the notorious Croxteth This is particularly important for an area such as Liverpool, Crew gang to a combined total of 113 years in prison. with our revitalised docks now shipping record tonnage The Crocky Crew and the Strand gang from Norris of trade. Inevitably, there will be those who wish to Green terrorised parts of the border between my import illegal firearms into the port. The clause sends a constituency and that of my hon. Friend the Member strong message to people involved in the smuggling of for Liverpool, West Derby (Stephen Twigg). Lord Justice weapons into Merseyside that if they are caught, this Openshaw’s words paint a picture of how crimes can activity will carry a life sentence. escalate and how the pattern of crime develops in I support clause 102 in its efforts to allow British parallel with continued feelings of social isolation. In Transport police officers to carry firearms without requiring all too many cases, criminal activity is a graduated an individual certificate, giving them the same powers process. as officers of other police forces. Many incidences of Obviously, only a minority progress to the most serious gun attacks have taken place on public transport in crimes, but for many it starts as antisocial behaviour Britain over the years. It is therefore right that we and becomes more serious with burglary, violent assault remove this anomaly and give the transport police the and drug use. Then, before long, it becomes gun crime, powers they require to combat this specific threat. punishment shootings and murder. What is more startling I am keen for the laws on firearms to be as tough as is that this pattern is developing quicker than ever possible. New clause 4, tabled by the Labour party, will before, and the accused are often mere teenagers or help the Government to achieve this common aim. New predominantly young men in their early 20s when they clause 4(4) notes the rising cost to police forces of are caught and prosecuted. administering the current firearms licensing regime. These words should make us all think about how we According to the Minister, more than 170,000 firearms vote and about the message that this Bill sends to licences and approximately 620,000 shotgun licences criminals across the country. The judge said of the have been issued. The current fee for a firearm or a gang: 559 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 560 Policing Bill Policing Bill “Their days were spent posturing outside…shops dealing drugs. One of the other lessons that the Independent Police It is as if they belong to some sort of outlaw tribe which has Complaints Commission and the coroner drew in the rejected all society’s moral standards and conventions. Their Atherton case was that police enforcement needs to be minds are spent towards feuding and prosecuting vendettas against more effective. We can write laws or guidance, but former associates.” ultimately it is the human beings who execute those laws Central to this gang’s dominance was an arsenal of that make the difference. We are working with the weapons, including several pistols, a double-barrelled national policing lead for firearms licensing to ensure shotgun and grenades—in this country! While the fear that police all over the country, in every police force, of crime is much greater than the likelihood of being a have a more detailed awareness and understanding of victim of crime, firearms are a major problem and we the Home Office guide. As I have said, the College of should never be complacent about them. That is why Policing will publish authorised professional practice the whole House should support the Government’s on firearms licensing, which will complement and cross-refer reforms and the Opposition amendments. Together, we to the Home Office guide. In addition, Her Majesty’s can redouble our efforts to get guns off our streets. inspectorate of constabulary has been conducting a scoping exercise, and will use the evidence from that to decide whether a full firearms licensing inspection should Damian Green: I am grateful to the hon. Member for take place. Liverpool, Walton (Steve Rotheram) for his very thoughtful speech. I am also grateful to Opposition Front Benchers Mr Mark Spencer (Sherwood) (Con): I hope that, in for their support for new clause 20. the course of his deliberations, the Minister will consider It is clear from today’s debate that there are three some of my constituents who, although they are by no separate issues to be discussed. There is the illegal use of means wealthy, enjoy participating in target practice or guns that are held illegally, there is the illegal use of clay pigeon shooting. I hope that, as a result of this guns that are held legally, and there are the costs associated process, shooting will not become the preserve of the with guns that are entirely legally held and legally used. rich. The first thing that we must do is ensure that those issues do not become confused with each other. Each of Damian Green: My hon. Friend has made a good them relates to an extremely serious area of public point. I shall deal shortly with the third issue that I policy, but the response to each of them needs to be identified earlier, namely the costs of legally held guns. different. I cannot improve on much of what was said by the Jim Shannon: What guarantees or safeguards will be hon. Member for Liverpool, Walton about how tough in place for husbands or partners who are firearms we need to be on the criminal use of illegally held guns. holders but who have had malicious allegations made I am grateful to him for his support for clauses 100 and against them? What legal protections will be in place for 101 and the amendments to those clauses. They plug them when the investigations by the police are completed loopholes in the existing law, which will hopefully make and the malicious allegations are found to be untrue? policing the criminal use of illegally held guns—and illegally distributed guns, to which he rightly referred—less Damian Green: The protections are the new guidelines, difficult. the new professional standards issued by the college and any recommendations that Her Majesty’s inspectorate As was made clear by the hon. Member for Kingston of constabulary comes up with from its inspection. upon Hull North (Diana Johnson) and by me in my Those things will make the whole system more robust, opening remarks, the illegal use of legal guns can lead so that the specially trained individual police officers to terrible tragedies. The Atherton case, which was who will be making those investigations will be better raised by the hon. Lady, left a huge scar on a family trained than ever before to judge whether, for example, and, indeed, on a whole area, and gave rise to a number an accusation is malicious or whether it is a genuine of recommendations. In my view, all that divides the accusation and there is evidence of domestic violence or two Front Benches on the issue is how effective we abuse and that therefore the individual should not be consider each other’s proposed methods of dealing with permitted to possess a firearm. Clearly, what one can it would be. I shall not weary the House by repeating a expect and demand in such cases is that the individual speech that I made at the outset of the debate, but we officer taking the decision is as well trained as possible have thought long and hard, and, moreover, have taken and is operating to very clear guidelines. That will be significant action since the Committee stage, when we the case, and it is the best protection against malicious last debated the issue. We published the new firearms accusations. Equally, or perhaps more importantly, it guidance at the end of July. protects those who may have been victims of domestic Let me address directly the points that the hon. Lady abuse and who may be victims of something worse if a reasonably made about individual court decisions. As gun is left in the wrong hands. That is what hon. she rightly said, I cannot comment on such decisions, Members on both sides of the debate are seeking and, not least in view of the fact that her comments were as I say, it is an argument about practicality. slightly opaque because, understandably, she could not The third aspect to this debate relates to the costs. mention names. I can only reiterate that the new guidance The hon. Member for Kingston upon Hull North asked makes it absolutely clear that evidence of domestic a number of questions, and the answer to her question violence and abuse will generally indicate that an individual about e-commerce and the new system is that 24 forces should not be permitted to possess a firearm. It would are already signed up to phase 1, which comes into force be difficult to make it clearer that that is the way in either this year or next year, with eight other forces which the court should interpret the guidance in the involved in phase 2. Thirty-two forces have therefore event of an appeal. already agreed to do this, and I know that the national 561 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 562 Policing Bill Policing Bill [Damian Green] what is involved now, with all the attendant inefficiencies and expense for the police, the more the police can do policing lead on firearms is energetically going around the checks that the hon. Lady and I both want to see the country to ensure that all other forces eventually happen. sign up. The hon. Lady made the point, quoting the Treasury Tessa Munt: Can the Minister give me some idea of document, about full cost recovery. It is true that, in what the police feel the cost would be if they were to use principle, full cost recovery within the Treasury’s policy the e-commerce system? I remind the Minister yet again on managing public money does apply to firearms that the cost of a morning’s shooting—clays—to which licensing. Of course, we are in discussion with the my hon. Friend the Member for Sherwood (Mr Spencer) Treasury on the subject of firearms fees. As I said, we referred is not cheap. This is leisure and recreation. are working towards full cost recovery as our ultimate objective. However, in this period our commitment is to Damian Green: The hon. Lady may be right, but the increase the efficiency of the licensing process, as a first more people use electronic systems, the more savings step. That is essential to achieve a balance between there are, so it is quite difficult to put an exact figure on increased income and increased efficiency. The trick—this it, particularly with a network system, where the costs is true in all areas of public spending—is not to regard will be considerably lower than the figures we have been full cost recovery as a given, because we can always quoting. I can tell from the hon. Lady’s face that I will bring the costs down. We have already seen in the early not necessarily convince her on this matter, but I hope pilots of the use of an electronic system for licensing that I have convinced the House. I urge the House to not only that people get a quicker and better service, but reject the Opposition’s new clause 4, and I am grateful that it is considerably cheaper for the police to operate, for the general support for the Government’s new clause. and so there is a benefit all round. One hon. Member Question put and agreed to. cited a figure of £200 from the Gun Control Network, New clause 20 accordingly read a Second time, and and I know that the police have come up with a figure of added to the Bill. about £190 for full cost recovery, but the figure will be much lower under an e-commerce system. That is to the benefit of the police and of those applying for licences, New Clause 4 be it for working purposes, as is the case in many rural parts of the country, or for recreation, which various FIREARMS’ LICENSING hon. Members have mentioned. ‘(1) The Firearms Act 1968 is amended as follows. (2) After section 28A (Certificates: supplementary) insert— Diana Johnson: Given that such huge cuts are being “28B Assessing public safety made to public services these days, does the Minister (1) When assessing the threat to public safety under feel entirely comfortable saying that he thinks it is sections 27, 28, 30A, 30B or 30C the Chief Police Officer must acceptable for the public purse to subsidise people who ensure that a range of background checks are performed. want to have a gun and get a gun licence to the tune of (2) Where these checks uncover substantiated evidence of £18 million? I understand what he is saying about the violent conduct, domestic violence, mental illness or drug or future, but the reality today is that lots of police forces alcohol abuse, the presumption is that the Chief Police Officer are under pressure, so should the full cost recovery not should refuse the licence application unless exceptional evidence be brought in now, rather than at some future date? can be brought forward by the applicant as to their suitability to possess a weapon. Damian Green: The point that I am making is that it (3) When assessing public safety within this section the Chief Police Officer must follow any guidance issued by the Secretary is today; the use of an electronic licensing system is of State.”. available. Some police forces are piloting this already and this will lead to a much more efficient system. As I (3) Section 113 of the Firearms Act 1968 (power of Secretary of State to alter fees) is amended as follows. say, our ultimate aim is full cost recovery. We are moving towards that, but at the same time making sure (4) After subsection (1) insert— that the full cost that is recovered is much less than it “(1A) Before making an order under this section the Secretary was before, not just to save the money but because that of State must consult with chief police officers to ensure the level will lead to a much better and more efficient system. of fees collected by the police under sections 32 and 35 are appropriate after considering the costs they incur through the administration and assessment of firearms’ licences made under Tessa Munt: Surely, using e-commerce for firearms this Act.”.’.—(Diana Johnson.) licensing will still involve police time in investigating in Brought up, and read the First time. detail the circumstances of an applicant, including a visit to ensure that the premises can hold firearms in Question put, That the clause be read a Second time. a secure and safe fashion, hidden from general view, The House divided: Ayes 215, Noes 298. and certainly from young people and those who are less Division No. 97] [9.48 pm able. Surely the standard charge of £190 or £200 cannot be reduced that much. AYES Abbott, Ms Diane Ashworth, Jonathan 9.45 pm Abrahams, Debbie Austin, Ian Damian Green: The short answer is that it can. Yes, Ainsworth, rh Mr Bob Bailey, Mr Adrian the police will want to do thorough checks of the Alexander, Heidi Bain, Mr William premises and so on, but the more that one can reduce Ali, Rushanara Balls, rh Ed the work of processing pieces of paper, which is a lot of Allen, Mr Graham Barron, rh Mr Kevin 563 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 564 Policing Bill Policing Bill Beckett, rh Margaret Godsiff, Mr Roger Murray, Ian Smith, rh Mr Andrew Begg, Dame Anne Goggins, rh Paul Nandy, Lisa Smith, Angela Benn, rh Hilary Goodman, Helen O’Donnell, Fiona Smith, Nick Berger, Luciana Greatrex, Tom Onwurah, Chi Smith, Owen Betts, Mr Clive Greenwood, Lilian Osborne, Sandra Spellar, rh Mr John Blackman-Woods, Roberta Griffith, Nia Owen, Albert Straw, rh Mr Jack Blears, rh Hazel Gwynne, Andrew Perkins, Toby Stringer, Graham Blenkinsop, Tom Hain, rh Mr Peter Pound, Stephen Stuart, Ms Gisela Blomfield, Paul Hamilton, Mr David Powell, Lucy Sutcliffe, Mr Gerry Bradshaw, rh Mr Ben Hamilton, Fabian Qureshi, Yasmin Tami, Mark Brennan, Kevin Hanson, rh Mr David Raynsford, rh Mr Nick Thomas, Mr Gareth Brown, Lyn Harris, Mr Tom Reed, Mr Jamie Timms, rh Stephen Brown, rh Mr Nicholas Havard, Mr Dai Reed, Mr Steve Trickett, Jon Brown, Mr Russell Healey, rh John Reeves, Rachel Turner, Karl Bryant, Chris Hendrick, Mark Reynolds, Emma Twigg, Derek Buck, Ms Karen Hermon, Lady Reynolds, Jonathan Twigg, Stephen Burden, Richard Heyes, David Riordan, Mrs Linda Umunna, Mr Chuka Burnham, rh Andy Hilling, Julie Ritchie, Ms Margaret Vaz, rh Keith Byrne, rh Mr Liam Hodgson, Mrs Sharon Robertson, John Vaz, Valerie Campbell, Mr Alan Hood, Mr Jim Robinson, Mr Geoffrey Watts, Mr Dave Campbell, Mr Ronnie Hopkins, Kelvin Rotheram, Steve Whitehead, Dr Alan Caton, Martin Howarth, rh Mr George Roy, Mr Frank Williams, Hywel Champion, Sarah Hunt, Tristram Roy, Lindsay Williamson, Chris Chapman, Jenny Irranca-Davies, Huw Ruane, Chris Wilson, Phil Clark, Katy Jackson, Glenda Ruddock, rh Dame Joan Winnick, Mr David Clarke, rh Mr Tom James, Mrs Siân C. Sarwar, Anas Winterton, rh Ms Rosie Clwyd, rh Ann Jamieson, Cathy Sawford, Andy Wright, David Coffey, Ann Jarvis, Dan Seabeck, Alison Wright, Mr Iain Connarty, Michael Johnson, rh Alan Sheerman, Mr Barry Cooper, Rosie Johnson, Diana Shuker, Gavin Tellers for the Ayes: Cooper, rh Yvette Jones, Graham Skinner, Mr Dennis Nic Dakin and Crausby, Mr David Jones, Helen Slaughter, Mr Andy Seema Malhotra Creagh, Mary Jones, Susan Elan Cruddas, Jon Jowell, rh Dame Tessa NOES Cryer, John Keeley, Barbara Cunningham, Alex Kendall, Liz Adams, Nigel Bruce, Fiona Cunningham, Mr Jim Khan, rh Sadiq Afriyie, Adam Bruce, rh Sir Malcolm Cunningham, Sir Tony Lavery, Ian Aldous, Peter Buckland, Mr Robert Curran, Margaret Lazarowicz, Mark Amess, Mr David Burley, Mr Aidan Danczuk, Simon Lewis, Mr Ivan Andrew, Stuart Burns, Conor David, Wayne Llwyd, rh Mr Elfyn Arbuthnot, rh Mr James Burns, rh Mr Simon Davidson, Mr Ian Long, Naomi Bacon, Mr Richard Burrowes, Mr David Davies, Geraint Love, Mr Andrew Baker, Norman Burt, Alistair De Piero, Gloria Lucas, Caroline Baker, Steve Byles, Dan Denham, rh Mr John Lucas, Ian Baldwin, Harriett Cable, rh Vince Dobson, rh Frank Mahmood, Mr Khalid Barclay, Stephen Cairns, Alun Donohoe, Mr Brian H. Mahmood, Shabana Barker, rh Gregory Campbell, Mr Gregory Doran, Mr Frank Mann, John Barwell, Gavin Carmichael, rh Mr Alistair Doughty, Stephen Marsden, Mr Gordon Bebb, Guto Carmichael, Neil Dowd, Jim McCabe, Steve Beith, rh Sir Alan Carswell, Mr Douglas Dromey, Jack McCann, Mr Michael Bellingham, Mr Henry Chishti, Rehman Dugher, Michael McCarthy, Kerry Benyon, Richard Chope, Mr Christopher Durkan, Mark McClymont, Gregg Beresford, Sir Paul Clappison, Mr James Eagle, Ms Angela McDonagh, Siobhain Berry, Jake Clark, rh Greg Eagle, Maria McDonald, Andy Bingham, Andrew Clarke, rh Mr Kenneth Efford, Clive McDonnell, John Binley, Mr Brian Clifton-Brown, Geoffrey Elliott, Julie McFadden, rh Mr Pat Birtwistle, Gordon Coffey, Dr Thérèse Ellman, Mrs Louise McGovern, Alison Blackman, Bob Collins, Damian Engel, Natascha McGovern, Jim Blackwood, Nicola Colvile, Oliver Esterson, Bill McKechin, Ann Boles, Nick Cox, Mr Geoffrey Evans, Chris McKenzie, Mr Iain Bone, Mr Peter Crabb, Stephen Farrelly, Paul McKinnell, Catherine Bottomley, Sir Peter Crockart, Mike Field, rh Mr Frank Meacher, rh Mr Michael Bradley, Karen Crouch, Tracey Flello, Robert Meale, Sir Alan Brady, Mr Graham Davies, David T. C. Flint, rh Caroline Mearns, Ian Brake, rh Tom (Monmouth) Flynn, Paul Miller, Andrew Bray, Angie Davies, Glyn Fovargue, Yvonne Morden, Jessica Brazier, Mr Julian Davis, rh Mr David Francis, Dr Hywel Morrice, Graeme (Livingston) Bridgen, Andrew Donaldson, rh Mr Jeffrey M. Gardiner, Barry Morris, Grahame M. Brine, Steve Dorries, Nadine Gilmore, Sheila (Easington) Brokenshire, James Doyle-Price, Jackie Glass, Pat Munn, Meg Brooke, Annette Drax, Richard Glindon, Mrs Mary Murphy, rh Paul Browne, Mr Jeremy Duddridge, James 565 Anti-social Behaviour, Crime and 14 OCTOBER 2013 Anti-social Behaviour, Crime and 566 Policing Bill Policing Bill Duncan Smith, rh Mr Iain Johnson, Joseph Poulter, Dr Daniel Sturdy, Julian Dunne, Mr Philip Jones, Andrew Prisk, Mr Mark Swales, Ian Ellis, Michael Jones, rh Mr David Pugh, John Swayne, rh Mr Desmond Ellison, Jane Jones, Mr Marcus Randall, rh Mr John Syms, Mr Robert Ellwood, Mr Tobias Kawczynski, Daniel Reckless, Mark Thornton, Mike Elphicke, Charlie Kelly, Chris Redwood, rh Mr John Thurso, John Eustice, George Kennedy, rh Mr Charles Rees-Mogg, Jacob Timpson, Mr Edward Evans, Graham Kirby, Simon Reevell, Simon Tomlinson, Justin Evans, Jonathan Knight, rh Mr Greg Reid, Mr Alan Tredinnick, David Evennett, Mr David Kwarteng, Kwasi Rifkind, rh Sir Malcolm Turner, Mr Andrew Fabricant, Michael Laing, Mrs Eleanor Robertson, rh Hugh Vaizey, Mr Edward Fallon, rh Michael Lamb, Norman Rogerson, Dan Vara, Mr Shailesh Farron, Tim Lancaster, Mark Ruffley, Mr David Vickers, Martin Featherstone, Lynne Latham, Pauline Russell, Sir Bob Villiers, rh Mrs Theresa Field, Mark Leadsom, Andrea Rutley, David Walker, Mr Robin Foster, rh Mr Don Lee, Jessica Sanders, Mr Adrian Walter, Mr Robert Fox,rhDrLiam Lee, Dr Phillip Sandys, Laura Ward, Mr David Francois, rh Mr Mark Leech, Mr John Scott, Mr Lee Watkinson, Dame Angela Freeman, George Lefroy, Jeremy Selous, Andrew Weatherley, Mike Freer, Mike Leigh, Sir Edward Shannon, Jim Webb, Steve Fullbrook, Lorraine Leslie, Charlotte Shapps, rh Grant Fuller, Richard Letwin, rh Mr Oliver Sharma, Alok Wharton, James Garnier, Sir Edward Lewis, Brandon Shelbrooke, Alec Wheeler, Heather Garnier, Mark Lewis, Dr Julian Simpson, David White, Chris George, Andrew Liddell-Grainger, Mr Ian Simpson, Mr Keith Whittaker, Craig Gibb, Mr Nick Lidington, rh Mr David Skidmore, Chris Whittingdale, Mr John Gilbert, Stephen Lilley, rh Mr Peter Smith, Miss Chloe Wiggin, Bill Gillan, rh Mrs Cheryl Lloyd, Stephen Smith, Henry Williams, Mr Mark Glen, John Lord, Jonathan Smith, Julian Williams, Roger Goldsmith, Zac Luff, Peter Smith, Sir Robert Williams, Stephen Goodwill, Mr Robert Lumley, Karen Soames, rh Nicholas Williamson, Gavin Graham, Richard Macleod, Mary Soubry, Anna Willott, Jenny Grant, Mrs Helen Maude, rh Mr Francis Spelman, rh Mrs Caroline Wilson, Mr Rob Gray, Mr James May, rh Mrs Theresa Spencer, Mr Mark Wilson, Sammy Grayling, rh Chris Maynard, Paul Stephenson, Andrew Wollaston, Dr Sarah Green, rh Damian McCrea, Dr William Stevenson, John Wright, Jeremy Greening, rh Justine McIntosh, Miss Anne Stewart, Bob Wright, Simon Griffiths, Andrew McLoughlin, rh Mr Patrick Stewart, Iain Yeo, Mr Tim Gummer, Ben McPartland, Stephen Stewart, Rory Young, rh Sir George Gyimah, Mr Sam Menzies, Mark Streeter, Mr Gary Halfon, Robert Metcalfe, Stephen Stride, Mel Tellers for the Noes: Hames, Duncan Milton, Anne Stuart, Mr Graham Amber Rudd and Hammond, rh Mr Philip Mitchell, rh Mr Andrew Stunell, rh Sir Andrew Mark Hunter Hammond, Stephen Moore, rh Michael Hancock, Mr Mike Mordaunt, Penny Question accordingly negatived. Hands, Greg Morgan, Nicky Harper, Mr Mark Morris, Anne Marie Harrington, Richard Morris, James 10.3 pm Harris, Rebecca Mosley, Stephen Proceedings interrupted (Programme Order, this day). Harvey, Sir Nick Mowat, David The Speaker put forthwith the Questions necessary for Haselhurst, rh Sir Alan Mulholland, Greg Hayes, rh Mr John Munt, Tessa the disposal of the business to be concluded at that time Heald, Oliver Murray, Sheryll (Standing Order No. 83E). Heath, Mr David Newmark, Mr Brooks Heaton-Harris, Chris Newton, Sarah Hemming, John Nokes, Caroline Clause 100 Henderson, Gordon Norman, Jesse Hendry, Charles Nuttall, Mr David OFFENCE OF POSSESSING FIREARMS FOR SUPPLY ETC. Herbert, rh Nick O’Brien, rh Mr Stephen Amendments made: 100, page 71, line 37, leave out Hinds, Damian Offord, Dr Matthew ‘follows’ and insert ‘set out in subsections (2) to (6)’. Hoban, Mr Mark Ollerenshaw, Eric Hollingbery, George Opperman, Guy Amendment 101, page 72, line 2, leave out from Hollobone, Mr Philip Ottaway, rh Richard ‘without’ to end of line at line 4 and insert ‘authority’. Holloway, Mr Adam Parish, Neil Amendment 102, page 72, line 12, at end insert— Hopkins, Kris Patel, Priti ‘( ) For subsection (3) of that section there is substituted— Howell, John Pawsey, Mark (3) In this section “authority” means an authority given in Hughes, rh Simon Penning, Mike writing by— Hunt, rh Mr Jeremy Penrose, John Huppert, Dr Julian Perry, Claire (a) the Secretary of State (in or as regards England and Wales), or James, Margot Phillips, Stephen Jenkin, Mr Bernard Pickles, rh Mr Eric (b) the Scottish Ministers (in or as regards Scotland).”’. Johnson, Gareth Pincher, Christopher Amendment 103, page 72, line 12, at end insert— 567 14 OCTOBER 2013 Business without Debate 568

‘( ) In section 5A (exemptions from requirement of authority quickly and quietly, displaying the same courtesy to the under section 5)— hon. Member for Brighton, Pavilion (Caroline Lucas) (a) in subsections (1), (3), (4), (5), (6) and (7), the words as they could be assured of from her if roles were “subsection (1A) of” are omitted; reversed. (b) in subsections (1) and (3), for “any prohibited weapon or ammunition” there is substituted “any weapon, PETITION ammunition or missile specified in subsection (1A) of that section”.’. Train Services (Brighton and Hove) Amendment 104, page 72, line 30, at end insert— 10.4 pm ‘( ) In section 1 of the Firearms (Amendment) Act 1997 (extension of section 5 of the 1968 Act to prohibit certain small Caroline Lucas (Brighton, Pavilion) (Green): This firearms etc), after subsection (7) there is inserted— petition has been signed by almost 1,300 individuals, (7A) In sections 2 to 7 below any reference to subsection the vast majority of whom are residents of my home (1)(aba) of section 5 of the 1968 Act shall include a reference to city of Brighton and Hove. All are rail users who are subsection (2A) of that section as it applies in relation to a united by concerns at the rising cost of rail travel and firearm specified in subsection (1)(aba) of that section. the poor quality of train services. They are particularly (7B) In section 8 below the reference to subsection (1)(aba), (b) concerned that since privatisation the cost of train or (c) of section 5 of the 1968 Act shall include a reference to travel has risen by 23% in real terms and the cost to the subsection (2A) of that section as it applies in relation to any public purse of running the railways has risen by a weapon or ammunition specified in subsection (1)(aba), (b) or (c) factor of between two and three times. My constituents of that section.”’.—(Damian Green.) want to see the public money invested in the railway Bill to be further considered tomorrow. used to deliver a better service for passengers, while also achieving wider social and environmental goals and real Business without Debate consideration given to bringing rail back into public ownership. The petition states: DELEGATED LEGISLATION The Petition of rail users and passengers from Brighton and Motion made, and Question put forthwith (Standing Hove, Order No. 118(6)), Declares that they are concerned at the extremely high cost of tickets for train services provided by Southern and First Capital Connect, which are often overcrowded and unreliable. POLICE The Petitioners therefore request that the House of Commons That the draft Police and Criminal Evidence Act 1984 urge the Department of Transport to take the necessary steps to (Amendment: Qualifying Offences) Order 2013, which was laid ensure rail fares are significantly reduced; to introduce minimum before this House on 8 July, be approved.—(John Penrose.) standards for on-train facilities; and to deliver a railway run to a Question agreed to. high standard, designed as a public service rather than one primarily run to generate a profit. Mr Speaker: Before we come to the petition, I appeal And the Petitioners remain, etc. to colleagues who are leaving the Chamber to do so [P001226] 569 14 OCTOBER 2013 Pub Company Business Models 570

Pub Company Business Models that they could charge their captive market of tied licensees, who would be unable to resist such aggressive Motion made, and Question proposed, That this House pricing strategies. Through securitisation and more do now adjourn.—(John Penrose.) conventional debt, large sums of money were raised to acquire a large number of pubs from brewers who were 10.5 pm obliged to dispose of them and, after that, from other pub companies. Greg Mulholland (Leeds North West) (LD): Before I start, I want to say that I will take interventions only Seeing that they were on to a good thing, the pubcos, from Members who have told me that they want to led by Punch, went on an acquisition spree, buying up intervene, one of whom is the hon. Member for Easington pubs for more than their actual value, simply to inflate (Grahame M. Morris), the vice-chair of the all-party their share value artificially. In valuation terms, the save the pub group. Moreover, given that the Secretary same yield or multiple was applied to inflate portfolio of State will be able to say very little in response to the values, with hypothetical wet rents being used, rather debate because of the current stage of the consultation, than actual numbers. To maintain the wet rent at as I have been told that I can speak for 23 minutes, so I will high a level as possible, beer prices have been increased try to conclude at 10.29 pm. year on year, substantially above the rate of inflation. So as to inflate artificially the pub and estate values, We have all heard about, and many MPs have experienced and then to borrow vast sums against that imaginary first hand, the effects of the leased pub company model valuation, the companies were adding to the dry rents and how it has destroyed pub businesses, families and the profits achieved by wholesaling beer to create an lives, but tonight it is the cold, brutal, harsh economic overall rent. That led to the values being falsely inflated. reality of this model that I am going to expose. I will also expose how not taking the right action now would During the period of growth, Punch Taverns and be a disaster not only for many pubco publicans and the Enterprise Inns found themselves in the FTSE 100 as communities that stand to lose their local pubs, but for their share prices peaked. However, it was not to last for the recovering UK economy. long. From 2007, with the credit boom in fever pitch, retail investors kept piling in. Even though a prudent Perhaps a better title for my speech would be, “The chief executive officer must surely have seen the writing Great British Pubco Scam”, for this whole sorry saga is on the wall, Ted Tuppen at Enterprise Inns was handing a tale of one of the worst examples of reckless, irresponsible himself dividends and using company funds to buy capitalism this country has ever seen—a get-rich-quick back shares, including his own, at a rather fuller price. scheme for a greedy few that has marred lives and A quick look at the share prices of Enterprise and closed thousands of pubs and that has caused losses of Punch, and to some extent even Greene King and billions for the UK economy, pension funds and the Marston’s leased operations, reveals the profile of a Treasury. classic pump-and-dump operation, with a huge surge Turning to the history, the large, leased pubcos are like a giant heartbeat, then failure and the resultant flat not pub companies in any real sense. They are highly line. leveraged property companies whose business model is With positive broker comments and heavy financial based on charging unreasonably high rents and outrageously public relations, the insiders exited and the gullible lost high prices for beer to their tenants. This goes back to money. Pension funds, choosing to believe the hype the beer orders. Prior to 1989, most pubs were tied from the companies and the endless positive messages to the large brewers. It was believed, rightly, that this led of house brokers, stayed in and lost fortunes for pensioners. to a substantial restriction in the choice of products Naive retail investors did the same. The winners were available to consumers, so the beer orders restricted to the insiders and the directors; the losers were the publicans, 2,000 the number of pubs that could be owned by and their communities and the pensioners whose funds unwisely tied to a brewer. left money in the pubcos. The beer orders, however, failed in one spectacular way, which the Campaign for Real Ale and others Grahame M. Morris (Easington) (Lab): I pay tribute spotted: they clearly should have prevented any company, to the excellent work that the hon. Gentleman, who is not just breweries, from owning and supply-tying more my hon. Friend in this matter, has done with the all-party than 2,000 pubs. That was the tragedy and disaster of save the pub group. I associate myself and the Labour the beer orders. party—not only the Back Benches, but the Front Bench— A loophole was exploited by many and the anomaly with the excellent case that he is putting forward on the was quickly spotted by bankers, speculators and financial completely unsustainable nature of the pubco model, engineers such as Hugh Osmond, Roger Myers and which exposes licensees to the double whammy of inflated Guy Hands. The result was the formation of a number pub prices and excessive rents. of so-called pub companies, such as Punch Taverns, Enterprise Inns, Unique Pub Company and Admiral Greg Mulholland: I thank the hon. Gentleman and Taverns. Those at the helm had little if any connection hon. Members from all parts of the House who have to the sector and very little empathy with it. Everyone seen this practice for what it is and supported the wanted a piece of the action, and they all piled in to response to it. make money, with little interest in the pubs, the people Favoured funds were the providers of much of the who ran them, the communities that used them or the debt funding. At the peak of the madness, as much as wider economic impact. £600 million a year was being removed from UK pubs Aided by investment bankers, pub company bosses and paid, much of it overseas, to hedge funds in the US produced financial models and projections that assumed and other debt providers. I wonder whether the Secretary practically perpetual growth in the rents and beer prices of State and his officials were aware of that. 571 Pub Company Business Models14 OCTOBER 2013 Pub Company Business Models 572

Famously, Larry Robbins of the $7-billion fund Glenview and Skills, RICS has simply referred the matter to Capital Management described Punch Taverns’ hapless Mr May’s group. Did the Secretary of State and his tenants as the source of ever more money for Punch officials know that? and his fund. David Einhorn, the wealthy manager of Then there was another wheeze, involving rating. Greenlight Capital in New York, was also a heavy Knowing that most tied pubs turn over little money, investor in pubcos. Following a taped conversation between would it not be advantageous for the pubcos to have a him, a broker and Punch Taverns’ CEO, Giles Thorley, system of rating where all the usual rules were ignored it became apparent that his track was a little too inside in favour of a special scheme whereby the rates paid by and he was fined £7.2 million by the Financial Services a company’s tenants were artificially lowered using a Authority. I wonder whether the Secretary of State scale based on turnover rather than the usual method of knew about that. looking at rent? Of course, if the company’s tenants are When someone has seen the writing on the wall and paying lower rates, it can increase the rental burden at wants to get out with their bag of swag, what do they rent reviews and, of course, increase the capital value of do? They find somebody else to hand it on to. Giles its pub estate. Just £5,000 per annum per pub amounts Thorley was the perfect foil for Guy Hands, who seduced to £25 million per annum across 5,000 pubs, and the him into running Unique Pub Company just as it was capital value increases by up to £300 million all of a being sold to Enterprise. Hugh Osmond, also by now sudden. That was all helped, unwittingly, by the taxpayer. looking for the exit door, poached Thorley to Punch Did the Secretary of State and his officials know that? Taverns. As the share price was pumped in 2010, Giles Then there was the issue of full repairing and insuring Thorley, clearly seeing the writing on the wall, sold out leases. Suddenly, the company that owned a building and made his fortune, albeit a smaller one than those of did not have to pay anything for maintenance, inside or his mentors. Mr Tuppen at Enterprise, with a lacklustre out—it was like a tenant renting a house or flat and career prior to forming his pubco, could not believe his then having to maintain the entire property. Of course, luck as he was courted by the City with seemingly the pubco was heavily protected to ensure that it had as unlimited money to buy more and more pubs. good an investment as possible by passing on as many With the securitised money washing through the costs as possible to the tenant. pubcos, all that was left was a largely debt-ridden sector The key to the scam, of course, is double-overcharging. paying interest rates of up to 8.5% on billions of pounds. The pubcos derive two rents. The dry rent is the fixed As we all know, the money was to be made by squeezing income for the property, the wet rent the large profit the life out of hard-pressed tied tenants, sucking others derived from selling beer to the tenant at inflated prices. into the scam and then, when all else failed, closing and In the recent Association of Licensed Multiple Retailers selling off run-down pubs for alternative use. survey, we see that far from being lower than open-market A key part of the scam was mis-selling, which the free-of-tie rents, the dry rents alone that pubcos charge other vice-chair of the all-party save the pub group, my are higher. That is a de facto abuse of the tie. Worse hon. Friend the Member for Northampton South than that, in a tied pub, with wet rent added to dry, (Mr Binley), has previously raised. Enterprise Inns, for rather than the usual rent of 10% of turnover, the example, conducted an in-house study of sales, profits aggregate rent is fast approaching 20% of sales, hence and costs in a sample of its estate, and despite establishing the incredibly derisory income derived by many tenants. a much higher level of costs from that quoted to tenants, Perhaps the most suspicious part is the so-called it maintained utterly unrealistic low levels of business wholesale price of beer—an artificial instrument maintained overheads that barely allowed for repair and maintenance, to ensure that excessive profits, over and above those let alone staffing, training and business promotion. As that can be gained in the open market, are available to we know, many tenants took on unsustainable businesses, companies that own pubs. No one in the free trade pays losing their entire life savings before inevitable business the full wholesale price, or anyway near that amount, failure. The situation was akin to loan sharks, with the for any beer, and only unfortunate tied publicans are misleading presentation of the proposition, attractive subjected to that excessive pricing. Far from being a terms of entry and often initial discounts, but without discount, in reality tied tenants are paying more than the cold, hard, unsustainable reality and the wholly any right hon. and hon. Member would by going to unrealistic future that went with signing up being spelled their local brewery. out. To give one stark example, in six years an 11-gallon Then there was the role of valuers. It is odd that keg of Foster’s from Enterprise has gone up from £107, Humberts was the chosen valuer of both large pub excluding VAT, to £151—an increase of £44. Data from companies, Punch and Enterprise. It also helps them to wholesalers show that in the free trade that keg cost £77 have their own man inside the Royal Institution of six years ago and £87 today—an increase of £10. The Chartered Surveyors writing the valuation guidelines same duty rates, and the same increased manufacturing for the properties in their sector so that they can be costs and overheads apply, yet the price increase to a applied in their favour. Yes, it is Enterprise Inns’ very tied tenant has been nearly four and a half times that of own national rent controller, Rob May, who has been a free-of-tie publican over six years for the same product. overseeing the process since 2005. At one time he was If that is not a manipulation of pricing, I do not know the chairman of the valuation party. Despite the obvious what is. conflict of interest, the interpretation of the new guidance We then come to the enforcers—Brulines, or Vianet is still controlled by the group that Mr May participates as it was recently rebranded, knowing its already damaged in. Select Committees and the Government have identified reputation. It is pertinent to note that the company was that there was confusion in the interpretation and started by Derrick Collin, who was convicted for blackmail application of the new RICS guidance, and despite and conspiracy in 1986. He devised the flow monitoring requests even from the Department for Business, Innovation technology that was to become Brulines. It is a rudimentary 573 Pub Company Business Models14 OCTOBER 2013 Pub Company Business Models 574

[Greg Mulholland] and the Under-Secretary of State for Business, Innovation and Skills, my hon. Friend the Member for East system, but instead of being used simply to check flow Dunbartonshire (Jo Swinson), and also the officials. as a helpful tool, it is used, through intimidation, to Much of that, I am glad to say, has been dealt with threaten tenants and provide calculations for “buying-out through the Fair Deal For Your Local “Setting the fines.” It has not been tested in situ by any formal Record Straight” report. I gently remind the House that agency, and is shown to be highly inaccurate in several in its report of 2008-09 the Business, Innovation and reports by experts, including one from a trading standards Skills Committee commented about pub company bosses officer. It could be considered to be in use in trade, but that at the moment it is not regulated under the Weights “in evidence to us both Mr Thorley of Punch and Mr Tuppen and and Measures Act 1986. It has no CE mark, no other Mr Townsend of Enterprise Inns made assertions which, on certification, and the lease documentation signed by investigation, proved to give a partial picture, or on one occasion lessees means that if they are threatened by such fines, were positively false.” they risk legal costs of their own to defend those Even this year we have had the chief executive of the charges. To be clear, no independent expert evidence as so-called British Beer and Pub Association—in truth, to the accuracy of the system has yet been heard in the big brewers and pubcos association—making two court, and I ask the Secretary of State to look at the factually incorrect statements when appearing before issue again. the Committee on 11 June, and then saying on “Sunday The situation is clearly a disaster for tied publicans, Politics South East” on 9 June that the Government had but also for the UK economy. Look at the collapse of their own figures on pub closures, which they clearly share prices: 95%, 98%—perhaps only an 80% collapse do not. from Enterprise. Punch Taverns and Enterprise Inns The solution is clear and it is what people are afraid have arguably been in a form of passive administration of. The solution suggested by the Select Committee is for several years. They are zombie companies that do for tenants and lessees of the large companies—I stress not pay dividends, and they have no growth plan or that this applies only to large companies; it would not export potential. They just about pay the cost of their apply to family brewers—to have the option to pay an debt by selling off their assets. That asset stripping is independently assessed market rent only. That is the happening now—slash and burn. Enterprise Inns and only way to stop the endemic overcharging. I was Punch Taverns, the two largest pubcos, collectively disposed delighted and the House was delighted, having made of more than 5,000 pubs between 2008 and 2012—one clear its views in a unanimous motion, that the Secretary third of all of their pubs. No other part of the sector of State made clear the Government commitment when has experienced anything like that level of disposal and he said in a letter to the Chair of the Select Committee failure. in January that A common technique used to generate even more “the Government’s proposals would address abuses of the tie, profit is the use of “churn”, which involves forcing the through enshrining the principle that ‘a tied licensee should be no failure of tenants over time and replacing them periodically. worse off than a free of tie licensee’ in the Code”. That enables the pub company to retain rent deposits, The only way to do that is the Select Committee pursue personal guarantees, take new deposits and ingoing solution—the market rent-only option, also known as costs, and perhaps charge a higher rent over time to the the free-of-tie option with open market rent review. new tenant. Data leaked from Punch in 2009 and released There is a positive future with that—increased certainty to the media showed that the pub company “churns” as and confidence for brewers, more jobs and investment much as 25% of its entire estate in any one year, and in brewers, good news for smaller brewers, who would that average individual tenants might be expected to have greater access to market, and good news for consumers, last no longer than three years in their pub. Enterprise who would see a greater choice of beer and a cheaper Inns’ 2013 interim results reveal that of its 5,720 pub pint in pubcos. I ask my right hon. Friend to look out tenants, 1,463—more than 25%—have been in occupation for the new research coming from the Federation of for less than a year. Small Businesses tomorrow, and I ask him to sit down Such a situation is also bad for the taxpayer. The with his officials and look at that before he makes any taxpayer-owned Lloyds bank had to write off some final decisions. £600 million when Admiral Taverns went into administration in 2010. Similarly, Royal Bank of Scotland The market rent only option would save pubs because acquired just over 1,000 pubs in 1999 and sold them at a it would stop the kind of asset stripping that is going on loss to Heineken—effectively the same people from around the country. The provisions of tied leases and whom it had bought them—in 2011. tenancies enable pubcos and others to circumvent the The situation is clearly bad for the economy, but is it Landlord and Tenant Act 1954 security of tenure protection. bad for everyone? The obvious and sad answer is no. When sites are very valuable for development, pub Despite the share prices tumbling, pubco bosses still companies are changing terms and applying pressure to managed to find the resources to pay themselves astonishing drive tenants out. I can show my right hon. Friend returns. Last year Ted Tuppen of Enterprise Inns received cases—there are some close to him—where that is clearly a basic salary of £640,000, as well as a bonus of £329,000 happening. and pension contributions of £160,000, resulting in his In conclusion, pubs will continue to be viable businesses, taking home more than £1 million. This is clear and despite changing times, but they will no longer be a grotesque reward for failure—something that my right guaranteed source of over-rentalisation for property hon. Friend said he would stamp down on. companies, whether they brew or not. That model is There is some very worrying lobbying going on. gone. It is nearly dead, but without the market rent only There is baseless, hysterical and thoroughly dishonest option it will take down thousands more pubs in its scaremongering to try to persuade my right hon. Friend death throes. The great British pubco scam has done 575 Pub Company Business Models14 OCTOBER 2013 Pub Company Business Models 576 huge damage to pubs and the UK economy, but as long on the rent of tied licensees set against that of those as the overcharging is allowed to continue, this will who are untied. We are all aware of the ALMR happen. I gently point my right hon. Friend, for whom I benchmarking survey that shows that for the second have great respect, in the direction of his 2010 speech year running tied pub rent has exceeded the free-of-tie about “spivs and gamblers” and the reckless behaviour rent as a proportion of turnover. Tied rents as a proportion that brought the UK banking sector to its knees. Having of turnover were 10.7% whereas for the free-of-tie rent heard what I have reported tonight, can anyone think the figure was 9%. He has asked me to check a number that that is not a perfect description of what has happened of other specific points and we will certainly do that. in this sector? Let me make a few general points to round up the There is clear support for reform in the House, as 81 debate. There is consensus on both sides of the House coalition MPs have signed the early-day motion or that although this is an important industry that makes a expressed their support for the Fair Deal For Your significant contribution to the economy, it is also an Local campaign, which is calling for a market rent-only area in which many of the publicans who communicate option. My right hon. Friend can be clear that we can with us have a strong sense of facing hardship, adversity and would win a vote in this House. The hon. Member and unfairness. I acknowledge the work of the Select for Chesterfield (Toby Perkins) has indicated that it Committee on Business, Innovation and Skills over the would be assured of the support of the Opposition and years as well as that of the all-party save the pub group we would also have the support of the hon. Member for in raising awareness of the issue. Brighton, Pavilion (Caroline Lucas), who represents the Just last week—I think that this is the report my hon. Green party. Friend described as coming out tomorrow—the Fair In 1969, a Monopolies Commission report recommended Deal For YourLocal campaign, backed by the Campaign the market rent-only option. It was needed then and it is for Real Ale, the Federation of Small Businesses, the certainly needed now. I believe that my right hon. GMB union and various tenants’ groups published Friend can and will be the person who has the courage “Setting the record straight”. That report brought together finally to do it. The choice for him and the Government much of the material in this area. We have had four is stark, although they could ignore the campaign, not Select Committee reports on whether the tied model introduce a market rent-only option, let things continue causes an imbalance in bargaining power and we have and be blamed for the continual asset-stripping of pubs received a vast amount of correspondence from tenants. and the destruction of other small businesses. We need We acknowledge—this is the common ground—that action now not just to assist thousands of publicans the problems faced by tenants are real and demand our and save pubs but to provide a boost to local economies attention. and to the UK economy. In the short time I have, I should stress that the tied business model, as opposed to abuses of it in recent 10.31 pm years, is probably not the main source of the problems in the industry. I am not sure how far my hon. Friend The Secretary of State for Business, Innovation and agrees with that, but the number of pubs has been Skills (Vince Cable): I thank my hon. Friend the Member declining for three decades at least—there were 70,000 for Leeds North West (Greg Mulholland) for raising the in 1980 and there are 50,000 today. Neither the 1989 issue and for his dedication to promoting, encouraging beer orders nor the pub company consolidation, which and supporting a fair and flourishing pub sector. He is the source of the problems he describes, brought has a deep knowledge of the subject that was much on about a major change in the rate of decline. There have display this evening and I think that it is fair to say that been bigger and deeper problems in the commercial he has played an enormous and disproportionate role in property market, in which over-leverage was a common getting the policy debate moving in this House. That feature. took us to the recent consultation on statutory regulation. However, I appreciate that his central point—this is He knows and acknowledged that we shall soon respond the concern of hon. Members on both sides of the to the consultation, and I cannot say more about it House—is not the rate of closures, but the low incomes other than that I will not be intimidated by scaremongering, prevalent in the tied centre and the impact they have. which seems to be his fear. The question throughout is how we deal with those My hon. Friend has left me approximately five minutes abuses. Initially, we hoped that self-regulation would in which to respond, so I will not be able to say a great work. As we know, there was an agreement between the deal. He acknowledged that he did not expect a reply on pubcos and tenant groups in November 2011. The pubs the subject of the consultation, but he used the opportunity independent conciliation and arbitration service and an to develop his criticism of the business model of the industry framework code were introduced, but they pubcos in general. Although many of the abuses he have not gone far enough, and the problems persist. described were highly specific, they are not unique to There is plenty of evidence of the ongoing hardship the pubco industry. We saw problems of over-leverage faced by individual publicans. Work commissioned by in a whole set of industries, notably banking, and the CAMRA suggests that, based on self-reported income, horrible consequences of that. He has provided examples 57% of tied tenants earn less than £10,000 a year, of another sector where those problems occurred in a compared with— different way. My hon. Friend asked a number of questions. I 10.36 pm cannot answer them all in the handful of minutes I have House adjourned without Question put (Standing Order available, but he asked specifically about the evidence No. 9(7)).

37WS Written Statements14 OCTOBER 2013 Written Statements 38WS

Under round 5 up to £300 million will be available to Written Statements bidders from the private sector seeking support in order to fund high-quality projects and programmes. Round 5 Monday 14 October 2013 will remain open until 9 December 2013. The objectives of the RGF remain to stimulate private sector investment and to create sustainable private sector employment, particularly in areas dependent on the TREASURY public sector. The eligibility requirements for round 5 have been updated to reflect our expectation that growth Double Taxation Agreement (Isle of Man) deals and the local growth fund are now the route for local enterprise partnerships (LEPs) to secure funding to pursue their business support priorities. In recognition of The Exchequer Secretary to the Treasury (Mr David this, BIS will be making available an additional £100 million Gauke): An arrangement comprising an exchange of for the local growth fund in the period 2015-17. This letters amending the 1955 arrangement with the Isle of will top up the local growth fund, already confirmed at Man was signed on 10 October 2013 to permit automatic the spending round as worth at least £2 billion for the exchange of information. At the same time an agreement whole of the next Parliament, with additional flexible was also signed to improve international tax compliance funding to support the priorities identified by LEPs in which sets out the precise details of the information their strategic economic plans. The local growth fund which will be automatically exchanged. underlines the Government’s commitment to the devolution The text of the new arrangement and the agreement of economic powers from central Government to local has been deposited in the Libraries of both Houses and areas, putting business-led LEPs, working with their will be made available on HM Revenue and Customs’ local partners, at the heart of promoting growth. Hence website. The text of the arrangement will be scheduled round 5 is designed for bids clearly led by the private to a draft Order in Council and laid before the House of sector, although we hope that LEPs will still play a role Commons in due course. in endorsing private sector bids from their areas. Briefing events on RGF round 5 will be held across the country. The first of these was held in Newcastle on 11 October and more will follow across all the regions BUSINESS, INNOVATION AND SKILLS before the round closes. The events feature a presentation on how to make a successful bid and offer attendees the Regional Growth Fund (Update) opportunity to ask questions. Businesses who wish to bid will also have the chance to discuss their application through an expression of interest meeting with a bid The Minister of State, Department for Business, Innovation appraisal specialist from the Department for Business, and Skills (Michael Fallon): On 11 October my right Innovation and Skills (BIS). hon. Friend the Deputy Prime Minister opened round 5 The dates and venues for the briefing events and of the regional growth fund (RGF). expression of interest events are as follows:

Dedicated Expression of Expression of Interest Region Date for Event Event Location Interest Meetings Meeting Locations

North East 11 October Royal Station Hotel, 18 October Moongate House, Newcastle Gateshead East Midlands 14 October Loughborough 8 November Apex Court, Nottingham University, Leicestershire Yorkshire and the Humber 25 October 3M Buckley Innovation 31 October Alexandra House, Leeds Centre, Huddersfield. South West 5 November University of Plymouth, 19 November 2 Rivergate, Bristol Devon North West 13 November Liverpool John Moores 22 November Arndale Centre, University, Liverpool Manchester West Midlands 14 November Birmingham & Midland 21 November Victoria Square House, Institute, Birmingham Birmingham

Expression of interest appointments will also be available Progress in Rounds 1 to 4 in London. Contracting for rounds 1 and 2 is now complete. More information is available at: www.bis.gov.uk/rgf. These projects and programmes are well into their delivery phase and, as reported in this year’s RGF Round 6 annual monitoring report, as of March 2013 they had already delivered 20% of their employment targets. I also wish to inform the House that the sixth round Contracting for round 3 is 98% complete and almost all of RGF will open during the summer of 2014, giving of these schemes have begun to deliver on their jobs and companies across England a further opportunity to growth commitments. Round 4 selected beneficiaries bid. I will announce further details on round 6 in have until January 2014 to finalise their awards with due course. BIS. 39WS Written Statements14 OCTOBER 2013 Written Statements 40WS

RGF has supported dozens of programmes throughout the commencement of a consultation exercise seeking England. These programmes provide access to finance views on how proposals for direct entry in the police, as for small and medium-sized enterprises (SMEs) and are set out in the independent review of police officer and a key way of ensuring firms of all sizes can benefit from staff remuneration and condition carried out by Tom the RGF. Since April 1,300 SMEs have successfully Winsor, should be implemented. The proposals included received funding from RGF programmes bringing the a three-year fast track to inspector scheme, direct entry total number of SMEs supported by the RGF to over at superintendent and direct entry at chief constable for 3,000. To ensure that demand from companies of all those who have equivalent experience from overseas. sizes is met, I have agreed with those national programmes The consultation exercise closed on 28 March and which have received conditional offers in round 4 to increase 929 responses were received. Issues such as equality, the size of the grants they would be able to offer once opportunities for existing officers, flexibility for annual their final awards are made in January, subject to due cohort numbers, and the skills needed for policing were diligence. A new threshold for grants from these raised. A proportion of respondents were opposed to programmes means that companies can access grants of the direct entry schemes in principle. These respondents up to £1 million. valued policing experience as the principal foundation Further information on RGF programmes is available for all police leaders. at: https://www.gov.uk/regional-growth-fund-a-guide- The Government have today published their response for-small-and-medium-enterprises-smes. to the consultation, a copy of which will be placed in the House Library. The response makes it clear that the Government remain committed to implementing fast HEALTH track and direct entry schemes as they offer an opportunity to attract the best talent to the police, bringing in new Jimmy Savile (Investigations Update) skills and ideas from other professions. It also sets out the Government’s position whereby: The Secretary of State for Health (Mr Jeremy Hunt): Cohort sizes should be flexible to reflect the changing needs I wish to provide an update on progress with the Jimmy of forces. We believe there should be in the region of 80 Savile investigations relating to national health service places on each annual cohort for the inspectors’ scheme, in line with recommendations made by Tom Winsor. We believe institutions. the superintendents’ scheme should develop so that there are There are currently three main investigations under at least 20 places on each annual cohort. way—Broadmoor, Stoke Mandeville and Leeds General The Government also think that external applicants to the Infirmary.Kate Lampard is providing independent scrutiny inspectors’ scheme should have a degree but this requirement of the quality and rigour of these three investigations will not be part of the eligibility criteria for existing officers, on behalf of the Department of Health. There are also including those serving in the special constabulary, providing investigations taking place at a further 10 trusts. alternative routes on to the scheme. PCCs should have the ability to choose their chief constable The Metropolitan Police Service, working with Kate not only from the senior ranks in the United Kingdom, but Lampard, has established there was further relevant also from other countries with a similar legal framework and information regarding Jimmy Savile. The Department policing model to ours. This will enable PCCs to choose the of Health asked the Metropolitan Police Service, through very best person for the job. an agreed information-sharing process, to review The Government included a provision in the Anti-social information it held to ascertain if it included material Behaviour, Crime and Policing Bill which seeks to enable related to health and care settings. direct entry at the rank of chief constable for those with This review is still ongoing. We understand the material equivalent experience from overseas. includes information about hospitals where investigations I have commissioned the College of Policing to are already under way, and reference to other hospitals. implement the direct entry schemes. The Government’s Once this review is complete, the information will be response to the consultation makes it clear that it is passed on to the relevant trusts or investigations as right that the College of Policing, rather than those in quickly as possible. I will then issue another written Whitehall, should lead on the design of the new schemes. statement, including the names of any other hospitals The College of Policing has the remit to set standards involved. and support the professional development of police Although all 13 investigations are currently on track, officers and staff and the necessary expertise to implement this additional material means that the timetable will be the schemes. affected. It is vital that the final NHS investigation The first cohorts are expected to start in 2014. As reports are thorough and complete, and reflect all the part of its evidence-based approach to policing, the evidence about Jimmy Savile’s pattern of offending. college will evaluate the implementation of direct entry The final reports of all the investigations will now aim after five years and submit a report to the Government. to be completed by June 2014, with publication sooner if that is possible. G6 (Rome)

HOME DEPARTMENT The Secretary of State for the Home Department Direct Entry to the Police (Mrs Theresa May): The informal G6 group of Ministers of the Interior from the six largest European Union countries, including representatives of the United States The Minister for Policing and Criminal Justice (Damian of America and the European Commission, held its Green): On 30 January 2013, I issued a written statement most recent meeting in Rome on 12 and 13 September to the House—Official Report, column 46WS—confirming 2013. 41WS Written Statements14 OCTOBER 2013 Written Statements 42WS

The summit was chaired by the Italian Interior Minister INTERNATIONAL DEVELOPMENT Angelino Alfano and I represented the United Kingdom. The other participating states were represented by Hans Commonwealth Scholarship Commission in the UK Peter Friedrich (Germany), Manuel Valls (France) and (Triennial Review) Jorge Fernandez Diaz (Spain). Poland did not participate on this occasion. Eric Holder (the US Attorney-General), Rand Beers (Acting US Secretary for Homeland Security), The Minister of State, Department for International and Stefano Manservisi (DG Home Affairs), representing Development (Mr Alan Duncan): On 13 November 2012, the European Commission, attended the whole summit. my right hon. Friend the Secretary of State for International The first formal session was on counter-terrorism. Development announced the commencement of the Ministers discussed the current threat picture and security triennial review of the Commonwealth Scholarship risks posed by returning foreign fighters. I emphasised Commission in the United Kingdom (CSC). I am pleased the importance of having an intra-EU passenger name to announce completion of the review. records (PNR) regime in place in order to enhance our The CSC is a statutory body which administers the ability to detect terrorists’ journeys within Europe. I Government’s contribution to the Commonwealth also highlighted the need to identify and prevent individuals Scholarship and Fellowship Plan. from travelling to Syria to become involved in the civil The review concluded that the functions performed war, particularly those at risk of becoming radicalised by the CSC are still required and that it should be having gone there for humanitarian reasons. This, among retained as an executive non-departmental public body other measures, requires a better communication strategy (NDPB). The review also looked at the governance about efforts the international community is taking to arrangements for CSC in line with the guidance on alleviate the suffering of Syrians on the ground. good corporate governance set out by the Cabinet Office. The second formal session covered migration issues. I The report makes some recommendations in this respect, acknowledged the problem of illegal immigration faced which will be implemented shortly. by southern EU member states, but I reminded delegates The full report of the review of CSC can be found on that 70% of asylum applications in 2012 were lodged in the DFID website and copies have been placed in the only five member states, one of which was the UK. I Libraries of both Houses. said that this underlined the need to have a reasoned and coherent EU response to migratory pressures and improved practical co-operation aimed at building capacity WORK AND PENSIONS in member states under particular pressure. I also emphasised that all member states had a duty to their Employment, Social Policy, Health and Consumer neighbours to operate effective asylum and migration Affairs Council systems and that principles of the Dublin regulation must be upheld. I supported continued work with third The Minister of State, Department for Work and countries and emphasised the importance of including Pensions (Esther McVey): The Employment, Social Policy, migration issues, including returns, into wider political Health and Consumer Affairs Council will be held on discussions and agreements with them. 15 October 2013 in Luxembourg. There are no health The sessions on organised crime and cybercrime were or consumer affairs issues on the agenda. The United combined. States briefly discussed prevention mechanisms Kingdom will be represented by the Under-Secretary of against criminal penetration into the public sector with State for Business, Innovation and Skills, my hon. Friend close focus on the Italian CAPACI (creation of automated the Member for East Dunbartonshire (Jo Swinson), procedures against criminal infiltration in public contracts). who is responsible for employment relations and consumer I said that we needed to do more to understand the affairs, and Shan Morgan, UK Deputy Permanent nature and extent of the threat of corruption in public Representative to the European Union. procurement. I welcomed in principle efforts within the In the first discussion Ministers will be invited to EU to modernise public procurement but I also highlighted agree a general approach with regard to the enforcement concerns over the current draft directive on confiscation, directive on posting of workers. This will be followed by which as drafted could pose a risk to existing non- an exchange of views on youth employment, with the conviction-based confiscations. main focus on the implementation of the related initiatives States also discussed ways of improving international at both national and EU levels. co-operation and sharing best practice in tackling Ministers will discuss the evaluation of the 2013 cybercrime. I agreed that there was a need for an effective European semester in employment and social policies response to cybercrime with emphasis on practical and will be asked to endorse the respective contributions co-operation rather than new legislation. I informed from the Employment Committee (EMCO) and Social other delegates that the national cybercrime unit, a new Protection Committee (SPC) as well as the key conclusions unit within the infant National Crime Agency, would of the SPC report on social policy reforms for growth lead the national response to cybercrime and also act as and cohesion as a contribution to the annual growth the UK lead on cybercrime internationally. survey 2014 policy priorities. The summit offered an excellent opportunity to hold There will also be a policy debate on the social separate bilateral meetings with other delegations. I met dimension of the European Monetary Union in which with French, Spanish and Italian Ministers and I also the Commission will be invited to present its recent met with Eric Holder and Rand Beers who represented communication “Strengthening the Social Dimension the USA. of the Economic and Monetary Union”, followed by a The next G6 summit is expected to take place in presentation of the respective contributions of the EMCO Krakow on 11 and 12 December. and SPC. 43WS Written Statements14 OCTOBER 2013 Written Statements 44WS

Ministers will consider Council conclusions on the Under any other business the presidency will provide European Court of Auditors’ special report on the updates on legislative issues and will report on preparation value of European Globalisation Adjustment Fund. for the tripartite social summit meeting. 5P Petitions14 OCTOBER 2013 Petitions 6P

not say that she would and hence the court decided not Petition to place the child with the grandmother. Furthermore the grandparents were criticised for approaching the Monday 14 October 2013 media in England. In a second case the family had signed documentation that they did not understand thereby giving their children PRESENTED PETITION to the local authority and this documentation was used Petition presented to the House but not read on the Floor to get the children adopted. In other cases really flimsy evidence is accepted and Evidence Accepted in Family Courts parents are misled by their legal advisors into accepting The Petition of an interpreter working in England, the case against them because they may then get the children returned. The parents then find that the children Declares that the interpreter works in family court are adopted using the fact that the parents had accepted proceedings translating for families who speak Czech the case against them as evidence. and Slovak. Additionally a mother was forced to sign documents She has been shocked at the way in which a judge was disowning Slovak nationality for her child on the basis partial in proceedings and the evidence that was accepted that otherwise she would be imprisoned. which would never be accepted anywhere else in courts. There was a social worker who was interrogated by both The Petitioners therefore request that the House of sides who was asked whether the grandmother behaved Commons establishes an inquiry into the quality of appropriately with her daughter in the contact centre evidence accepted in family court proceedings. and the social worker said “yes she did”. The next And the Petitioners remain, etc.—[Presented by John question was whether she would behave appropriately Hemming .] in her own house. The social worker said that she could [P001228]

425W Written Answers14 OCTOBER 2013 Written Answers 426W Written Answers to Performance Appraisal Mrs Lewell-Buck: To ask the Secretary of State for Questions Wales what proportion of (a) disabled and (b) all other staff employed by his Department received each level of performance rating in their end of year performance Monday 14 October 2013 assessment for 2012-13. [170474]

Stephen Crabb: In the Wales Office, (a) 100% of disabled staff received an effective rating, and (b) 78% PRIME MINISTER of all other staff received an effective rating and 22% Unemployment: Young People received an ’outstanding’ rating.

Alison McGovern: To ask the Prime Minister if he Redundancy will publish the terms of reference and scope of Sir Jeremy Heywood’s inquiry into youth unemployment; Jackie Doyle-Price: To ask the Secretary of State for and when he expects this inquiry to report. [170409] Wales how many staff in his Department were made redundant in (a) 2010-11, (b) 2011-12 and (c) The Prime Minister: The Cabinet Office are currently 2012-13; and how many such staff received payments leading a comprehensive Government review of all in lieu of notice. [170378] policies, funding and provision for 16 to 24-year-olds not in employment, education or training. The objective Stephen Crabb: None. is to identify opportunities to improve labour market outcomes for 16 to 24-year-olds who do not progress to university. The review team will involve relevant Ministers from SCOTLAND across Government and report their findings to the Prime Minister and Deputy Prime Minister in the autumn. Carbon Emissions Unmanned Air Vehicles David T. C. Davies: To ask the Secretary of State for Mr Watson: To ask the Prime Minister which Scotland how much his Department spent on the Minister has lead responsibility for the regulation and Government Carbon Offsetting Framework in the latest year for which figures are available. [169859] operation of drones in civil airspace. [R] [169710]

The Prime Minister: The Minister for the Armed Mr Alistair Carmichael: The Scotland Office had no Forces, my right hon. Friend the Member for Rayleigh spend on the Government Carbon Offsetting Framework and Wickford (Mr Francois), has lead responsibility for in 2012-13. these matters. Energy

Mr McKenzie: To ask the Secretary of State for WALES Scotland when he last met representatives of the largest Carbon Emissions six energy providers in Scotland; and if he will make a statement. [169746] David T. C. Davies: To ask the Secretary of State for Mr Alistair Carmichael: I intend to meet key energy Wales how much his Department spent on the Government providers and stakeholders in Scotland in the very near Carbon Offsetting Framework in the latest year for future. which figures are available. [169856]

Stephen Crabb: Nil. The Ministry of Justice (MOJ) Redundancy deals with the Carbon Offsetting Framework on behalf of the Wales Office. The Wales Office element of the Jackie Doyle-Price: To ask the Secretary of State for MOJ’s carbon credits for 2011-12 was 0.02% of £389.64. Scotland how many staff in his Department were made redundant in (a) 2010-11, (b) 2011-12 and (c) Domestic Fire Safety (Wales) Measure 2011 2012-13; and how many such staff received payments in lieu of notice. [170375] Chris Ruane: To ask the Secretary of State for Wales what discussions he has had with officials and Mr Alistair Carmichael: The Scotland Office does Ministers in the Welsh Government in the last 12 not employ staff directly. All staff that join the Office months on the Domestic Fire Safety (Wales) Measure do so on an assignment, secondment or loan arrangement 2011. [170435] from other government bodies, but principally from the Scottish Government or the Ministry of Justice. Both Mr David Jones: This Measure was sponsored by an the Scottish Government and Ministry of Justice have Assembly Member and as such I have corresponded operated voluntary early departure schemes. The number with Ann Jones AM about this matter. of staff leaving under these schemes in each year is: 427W Written Answers14 OCTOBER 2013 Written Answers 428W

Average annual domestic electricity bill Number £

(a) 2010-11 0 Region PES Region 2010 2011 2012 (b) 2011-12 8 Greater North West 398 452 478 (c) 2012-13 0 Manchester No information is held by the Scotland Office on Oxfordshire East 403 447 468 payments made to these staff in lieu of notice. Midlands Midlands 409 449 475 Southern 424 445 470 ENERGY AND CLIMATE CHANGE Surrey London 425 452 475 Carbon Emissions South East 408 438 464 Southern 424 445 470 Luciana Berger: To ask the Secretary of State for Energy and Climate Change when he expects the This data is taken from Table 2.2.3 of DECC’s Government’s review of the fourth Carbon Budget to publication Quarterly Energy Prices (QEP), assuming be completed. [170478] an annual electricity consumption of 3,300 kWh. Annual bill estimates for 2013 will be published in December’s Gregory Barker: Government will review progress edition of QEP on 19 December 2013. towards the EU emissions goal in early 2014, and as appropriate, revise up our budget to align it with the Energy actual EU trajectory. Frank Dobson: To ask the Secretary of State for Carbon Emissions: Fracking Energy and Climate Change what the generating capacity in mega watt hours of (a) nuclear, (b) gas, (c) coal and David T. C. Davies: To ask the Secretary of State for (d) oil fuelled plant has been in each year since 2010-11. Energy and Climate Change what assessment he has [170195] made of the carbon footprint produced by shale gas. [169959] Michael Fallon: Table 5.7 of the Digest of UK Energy Statistics publishes the generating capacity of the UK Gregory Barker: On 9 September 2013, Professor power stations by fuel type. The figures for the last three years are summarised in the following table and relate DavidJCMacKayFRS,andDrTimothy J Stone CBE, 1 published a report1 titled “Potential Greenhouse Gas to major power producers . Emissions Associated with Shale Gas Extraction and Use”. The report, requested by the Secretary of State MW for Energy and Climate Change, my right hon. Friend End of December the Member for Kingston and Surbiton (Mr Davey), 2010 2011 2012 presents available evidence on the potential greenhouse Coal fired 23,085 23,072 23,072 gas emissions from production of shale gas in the UK, Oil fired 3,638 3,638 2,338 and the compatibility of future production and use of Other non-renewable 7,895 6,759 4,764 shale gas in the UK with climate change targets. thermal2 1 Combined cycle gas 31,724 30,183 33,113 downloaded on 9 October 2013: turbine stations https://www.gov.uk/government/publications/potential- Nuclear stations 10,865 10,663 9,946 greenhouse-gas-emissions-associated-with-shale-gas-production- 1 Only includes figures for major power producers since the coal/oil/other and-use non-renewable thermal split is not available for other generating companies. 2 Includes mixed/dual fired, gas turbines and oil engines. Electricity: Prices Source: Table 5.7, Digest of United Kingdom Energy Statistics 2013, https://www.gov.uk/government/publications/digest-of-united-kingdom- Lucy Powell: To ask the Secretary of State for Energy energy-statistics-dukes-2013-printed-version-excluding-cover-pages and Climate Change if he will estimate the average cost to domestic electricity customers in (a) Greater Manchester, Energy Company Obligation (b) Oxfordshire and (c) Surrey who consumed 3.300 kWh of electricity in each of the last three years. Luciana Berger: To ask the Secretary of State for [170216] Energy and Climate Change what his latest estimate of the cost to consumers of the Energy Company Gregory Barker: The average cost to domestic electricity Obligation is; and how that figure compares to his customers in the last three years is shown in the table. Department’s original estimate. [170529] The county of Greater Manchester is within the North West Public Electricity Supply (PES) region. However, Gregory Barker: In the impact assessment of June the counties of Oxfordshire and Surrey each have postcodes 2012 DECC published an estimated range of costs for in various PES regions, and as such costs vary across ECO, with a central scenario of around £1.3 billion per the counties. Oxfordshire is covered by East Midlands, annum on average. Although, as the IA explained, there Midlands and Southern PES regions while Surrey is are a large number of variables and uncertainties relating spread across London, South East and Southern PES to this figure, we have seen no evidence to date that regions. would lead us to change this estimate. For example, 429W Written Answers14 OCTOBER 2013 Written Answers 430W over £250 million of ECO compliance has now been has significant LNG import capacity (c.53 bcm/y). To traded on the brokerage platform with prices in line place this in context, total annual consumption of gas with the £1.3 billion estimate. The ECO companies also in 2012 was 78.3 bcm. report on their costs of delivery to Ofgem and initial Gas pipeline developments and the supply of gas are indications are again broadly consistent with our original commercial activities, and so the amount and source of cost estimates. investment is a matter for the companies concerned.

EU Emissions Trading Scheme: Manufacturing Natural Gas: Storage Industries Henry Smith: To ask the Secretary of State for Andy Sawford: To ask the Secretary of State for Energy and Climate Change what his plans are on Energy and Climate Change what assessment he has increasing national gas-storage facilities. [170159] made of the effect of the Cross Sectoral Correction Factor on the competitiveness of UK manufacturing Michael Fallon: I refer my hon. Friend to the written sectors covered by the EU Emissions Trading System. statement made by the Secretary of State for Energy [169904] and Climate Change, the right hon. Member for Kingston and Surbiton (Mr Davey), on 4 September 2013, Official Gregory Barker: I refer the hon. Member to the Report, columns 21-22WS: answer I gave on 8 October 2013, Official Report, http://www.publications.parliament.uk/pa/cm201314/ column 62W. cmhansrd/cm130904/wmstext/130904m0001.htm We have analysed interventions in the gas market to Insulation: Wrexham establish whether they might improve our gas security cost-effectively, and based on this we see no case for a Ian Lucas: To ask the Secretary of State for Energy further taxpayer-funded intervention in the gas market and Climate Change how many homes in Wrexham to increase storage. We have seen and continue to see constituency have received insulation under his new storage come forward from the market without our Department’s energy efficiency programmes in each of intervention. Two new storage facilities have recently the last three years. [169797] been built, and two more are under construction. Once these facilities are complete, the capability of UK storage Gregory Barker: The Energy Savings Trust (EST) facilities to meet peak demand will have doubled since publishes reports on cavity wall insulation and professionally 2000. installed loft insulation delivered through the Carbon Emissions Reduction Target (CERT) as recorded in the Frank Dobson: To ask the Secretary of State for Homes Energy Efficiency Database. The following table Energy and Climate Change how much has been shows the number of installations of cavity wall and invested in extra gas storage capacity in the UK in each loft insulation under CERT in each of the last three year since 2010-11. [170196] years for the Wrexham constituency, as published by EST. The CERT year runs from the 1 April to 31 Michael Fallon: We have seen and continue to see new March, the final year of CERT runs from 1 April 2012 storage come forward from the market. Two new storage to 31 December 2012. facilities have recently been built; Holford in Cheshire was completed February 2013 and Aldbrough in Yorkshire Table 1: Cavity wall and loft insulation delivered under CERT, Wrexham constituency completed November 2012. Two more are under Cavity wall insulation Loft insulation construction. Once these facilities are complete, the capability of UK storage facilities to meet peak demand 1 April 2010 to 31 March 2011 513 512 will have doubled since 2000. 1 April 2011 to 31 March 2012 643 785 Gas storage developments are commercial activities. 1 April 2012 to 693 955 31 December 2012 The amount and source of investment is a matter for the companies concerned. In January 2013 the Green Deal and Energy Company Obligation (ECO) schemes were launched to replace Oil: Exploration previous government schemes. In the first six months of 2013, 79 measures have been delivered under the Energy Mr Gibb: To ask the Secretary of State for Energy Company Obligation (ECO) in the Wrexham constituency, and Climate Change what the Exchequer received in and seven cashback vouchers have been paid. income from petroleum exploration and development licenses on land in (a) 2009-10, (b) 2010-11 and (c) Natural Gas: Pipelines 2011-12. [170580]

Frank Dobson: To ask the Secretary of State for Michael Fallon: Income received by the Exchequer Energy and Climate Change how much has been from onshore (land) petroleum exploration and invested in extra pipeline capacity to bring gas from development licenses (PEDL) in the years specified is non-UK resources in each year since 2010-11. [170197] set out in the following table.

Michael Fallon: The UK is well provided with pipeline Income (£ million) capacity to bring gas from non-UK resources. The UK 2009-10 2.3 has import deliverability of c.100 bcm/y through pipelines 2010-11 2.6 from non-UK resources, and in addition the UK also 431W Written Answers14 OCTOBER 2013 Written Answers 432W

Mr Binley: To ask the Secretary of State for Energy Income (£ million) and Climate Change what the cross-lifetime consumer 2011-12 2.4 end cost is for each mode of renewable energy to produce an average unit of electricity. [170009]

Redundancy Gregory Barker: DECC has not estimated the cross- lifetime consumer end cost for each mode of renewable Jackie Doyle-Price: To ask the Secretary of State for energy. However, DECC does publish levelised costs Energy and Climate Change how many staff in his estimates of various generation technologies on the Department were made redundant in (a) 2010-11, (b) DECC website. The levelised cost of electricity generation 2011-12 and (c) 2012-13; and how many such staff for a particular technology is the ratio of the total costs received payments in lieu of notice. [170367] of a generic plant to the total amount of electricity expected to be generated over the plant’s lifetime (per megawatt hour). Gregory Barker: The Department of Energy and Climate Change (DECC) was created in October 2008, Levelised costs include pre-development costs, capex to bring together energy and climate change mitigation and infrastructure costs, operating costs, connection policy. costs and where appropriate carbon and fuel costs. DECC has never declared a redundancy situation in Levelised cost estimates for different types of electricity the department and as such no staff have been made generation are highly sensitive to the assumptions used redundant during any of the stated financial years. for capital costs, fuel and EU ETS allowance prices, operating costs, load factor, discount rate and other drivers and this means that there is uncertainty around Renewable Energy these estimates. The latest published figures are available: https://www.gov.uk/government/publications/decc-electricity- generation-costs-2013 Zac Goldsmith: To ask the Secretary of State for Energy and Climate Change (1) what estimate he has It should be noted that levelised cost estimates are made of when offshore wind will reach grid parity; intended to represent the average cost of building a [169792] plant and do directly reflect the impacts on the bills of energy consumers. (2) what estimate he has made of when solar PV will reach grid parity; [169793] In addition to levelised costs, DECC publishes estimates of the impacts of policies on energy prices and bills. (3) what estimate he has made of when onshore wind The latest publication estimates that support for renewable will reach grid parity. [169794] electricity generation through the Renewables Obligation accounts for around 2% (or £30, in real 2012 prices) of Gregory Barker: The Department has a strong focus the household dual fuel energy bill: on reducing the cost of renewable technologies. https://www.gov.uk/government/uploads/system/uploads/ Looking forward, DECC publishes levelised cost attachment_data/file/172923/130326_Price_and_Bill_ estimates of various generation technologies on the Impacts_Report_Final DECC website. The levelised cost of a particular generation technology is the ratio of the total cost of a generic Chris Heaton-Harris: To ask the Secretary of State plant to the total amount of electricity expected to be for Energy and Climate Change what assessment he generated over the plant’s lifetime (per megawatt-hour). has made of the implications for his Department’s The latest published figures are available at: policy of the draft decision of the Aarhus Convention https://www.gov.uk/government/publications/decc-electricity- Compliance Committee on the UK’s National generation-costs-2013 Renewable Energy Action Plan published in July 2013. As you can see from the figures in this report, the [170544] levelised cost of onshore wind, offshore wind and solar PV are expected to fall over time. This is reflected in the Michael Fallon: I am disappointed that the Committee proposed strike prices for such technologies in the draft has decided to make a finding of non-compliance with EMR delivery plan, which shows costs falling for all respect to Article 7 as it applies to the United Kingdom’s technologies over the coming years. NREAP. The United Kingdom is of course aware of its It is hard to estimate with certainty when grid parity obligations under Article 7 and will seek to act in will occur because of, for example, uncertainty on future compliance with them where those obligations apply. electricity prices and different costs of different size and The National Renewable Energy Action Plan was based types of projects. on the Renewable Energy Strategy which was developed Taking account of those uncertainties, we might expect following consultation in 2008. some projects within these technologies to reach parity We note that the committee found in favour of the with wholesale electricity prices in the latter half of this UK Government in relation to all the other aspects of decade or 2020s, depending on the electricity cost price the complaint—in particular, those relating to the planning scenario used and the speed of cost reductions. Please decisions on the wind farm involved. There is no formal note that for low-carbon generation grid parity does role for the NREAP in planning decisions. The policy not automatically mean investments will occur as projects documents in relation to DECC’s energy infrastructure remain exposed to the risk of low wholesale prices and consenting decisions, notably the National Policy investors are unlikely to invest on the expectation that Statements, are unaffected by this decision and were in prices remain high enough. any event subject to public participation as required by 433W Written Answers14 OCTOBER 2013 Written Answers 434W

Article 7. Therefore, the Committee’s draft findings are necessary to construct generating stations of a certain not expected to have an effect on DECC’s planning size) to a person who made such application before decisions or policy. holding such an electricity generation licence (or an exemption from the requirement to hold such a licence). Renewable Energy: Heating We understand that Scottish Ministers intend to appeal the judgment. David Morris: To ask the Secretary of State for Decisions of the Scottish Courts are not binding in Energy and Climate Change what steps he is taking to England and Wales and consenting authorities in England introduce the Renewable Heat Incentive for residential and Wales have not taken the approach that it is necessary properties; and when he expects that grant to be to hold a generation licence (or an exemption) under available. [170243] the Act before applying for consent under section 36 of the Act. Gregory Barker: We published the details of the domestic Renewable Heat Incentive on 12 July; and 1 http://www.scotcourts.gov.uk/opinions/2013CSOH158.html these are available through our website at: https://www.gov.uk/government/consultations/renewable- Mr Binley: To ask the Secretary of State for Energy heat-incentive-proposals-for-a-domestic-scheme and Climate Change what the average annual failure Subject to EU state aid and parliamentary approval, rate of wind turbines is. [170004] we intend to open the scheme for payments from spring 2014. Gregory Barker: The Department does not hold this information. Graham Stringer: To ask the Secretary of State for Energy and Climate Change what estimate he has made Mr Binley: To ask the Secretary of State for Energy of the proportion of heat generated by heat pumps that and Climate Change what the average installation cost can be considered as renewable according to existing of a wind turbine is. [170008] regulations. [170484]

Gregory Barker: The EC directive on renewable energy Gregory Barker: DECC has published levelised costs defines the renewable energy from a heat pump as the estimates of various generation technologies on the total usable heat less the energy used to drive the heat DECC website since 2010. The levelised cost of a particular pump. The ″Seasonal Performance Factor″ (SPF) of a generation technology is the ratio of the total costs of a heat pump, a measure of its efficiency, is defined as the generic plant to the total amount of electricity expected heat output divided by the energy input. This means to be generated over the plant’s lifetime (per megawatt that the corresponding renewable energy can be defined hour). Levelised costs include pre-development costs, as the heat output times (1 - 1/SPF). The directive also capex and infrastructure costs, operating costs, connection sets a minimum SPF for heat pump outputs to be costs and carbon and fuel costs. Installation costs, defined as renewable under the terms of the directive. along with other costs form part of the capital costs of For electrically driven heat pumps, this is currently 2.5; a project. for heat driven ones, it is 1.15. When this is achieved the Levelised costs do not include revenues or support renewable component is at least 60% of the total heat payments. The estimates include costs for projects starting output of an electrically driven heat pump, and 13% of now and in the future. All documents relating to electricity a heat driven one. For electric heat pumps with an SPF generation costs are available on the DECC website: of 3.0, the share is 67%. We estimate that most (electric) https://www.gov.uk/government/organisations/department-of- heat pumps operating in UK houses have SPFs in the energy-climate-change/series/energy-generation-cost- range 2.5 to 3, and we are undertaking a major monitoring projections programme of installations under the renewable heat premium payment (RHPP) policy. Table 2 of this report shows central estimates of the levelised costs of various technologies for projects starting Wind Power in 2013 using a 10% discount rate, broken down into components parts. These are copied here for onshore David T. C. Davies: To ask the Secretary of State for wind and offshore wind Rounds 2 and 3: Energy and Climate Change how many wind farm Table 2: Central levelised cost estimates for projects starting in 2013. 10% developers did not have the relevant licences to erect discount rate, £/MWh wind turbines over 10mw in the last year for which Onshore >5MWUK Offshore R2 Offshore R3 figures are available. [169808] Pre-development 746 Gregory Barker: The Secretary of State for Energy costs and Climate Change, my right hon. Friend the Member Capital Costs 70 77 78 for Kingston and Surbiton (Mr Davey) is not aware of Fixed O&M 18 31 36 any wind turbines having been erected without the Variable O&M 5 1 0 developer having obtained all necessary licences which Fuel Costs 0 0 0 they are required to obtain. Carbon Costs 0 0 0 CO2 Capture and 000 In respect of licences to generate electricity granted Storage Costs under the Electricity Act 1989, a recent judgement (or Decommissioning 000 Opinion) in the Scottish Courts ([2013] CSOH 1581) and Waste Fund concluded that Scottish Ministers did not have power to Total Levelised Costs 101 113 120 grant consent under section 36 of that Act (which is 435W Written Answers14 OCTOBER 2013 Written Answers 436W

Levelised cost estimates for different types of electricity satisfy the eligibility requirements and accredit under generation are highly sensitive to the assumptions used the scheme between now and 31 March 2017 are eligible for capital costs, fuel and EU ETS allowance prices, to receive 0.9 renewable obligation certificates (ROCs) operating costs, load factor, discount rate and other for every megawatt hour of eligible renewable electricity drivers and this means that there is significant uncertainty generated. around these estimates. As an alternative to the RO, onshore wind generating It is appropriate to consider a range of cost estimates stations will also be eligible for support under contracts as pipeline projects show a large range around these for difference. A public consultation on proposed strike central values. prices for a range of renewable technologies, including Table 3 of this report shows a range for the levelised onshore wind, closed on 25 September. The responses costs of various technologies for projects starting in are being analysed and we expect to confirm the final 20.13 using a 10% discount rate. Those representing strike prices in December. high and low capital estimates for onshore wind and offshore wind Rounds 2 and 3 are copied here: Wind Power: Seas and Oceans Table 3: Sensitivities on levelised cost estimates for projects starting in 2013, 10% discount rate, £/MWh Mr Ellwood: To ask the Secretary of State for Energy Onshore and Climate Change whether contracts let in the >5MW UK Offshore R2 Offshore R3 Round 3 tranche of offshore wind energy contracts will be subject to the provisions of the EU (a) procurement Central 101 113 120 and (b) utilities directives; and if he will make a High Capex 125 129 139 statement. [169774] Low Capex 80 100 105 Gregory Barker: The Department does not anticipate Wind Power: Noise letting any contracts, to procure the works, goods or services required to build and operate the Round 3 Mr Ellwood: To ask the Secretary of State for Energy offshore wind farms. In due course, should the developers and Climate Change what steps his Department is of the Round 3 offshore wind farms be in a position to taking to ensure that the planning process takes let contracts, it will be up to those developers to seek account of potential effects on health of noise from their own legal advice to determine whether any contracts wind farms; and if he will make a statement. [169776] they let are bound by the provisions of the EU procurement or utilities directives. Gregory Barker: A number of independent peer reviewed research studies commissioned by Government have looked at the impacts of noise from wind farms, and NORTHERN IRELAND concluded that there is no evidence of health effects arising from infrasound or low frequency noise generated Army by wind turbines, for turbines built according to our guidelines. Ms Ritchie: To ask the Secretary of State for Wind farms will only be developed where the impacts Northern Ireland if she will establish an independent are, or can be made, acceptable. For onshore wind panel to investigate the events in Ballymurphy in developments of 50 MW or less installed capacity (under August 1971. [169852] the Town and Country Planning Act 1990), the National Planning Policy Framework sets out how noise impacts Mrs Villiers: I have received the proposal from the should be assessed in planning decision making. The Ballymurphy families for an independent review panel National Policy Statement for Energy (EN-1) and the into events surrounding deaths in the Ballymurphy area National Policy Statement for Renewable Energy in August 1971. This proposal is currently being Infrastructure (EN-3) provides guidance on noise impacts considered. for wind farm projects in England and Wales with generating capacities of more than 50 MW onshore and Ms Ritchie: To ask the Secretary of State for 100 MW offshore. Northern Ireland what recent discussions she has had with the First and Deputy First Minister in Northern Wind Power: Northamptonshire Ireland regarding the killings in Ballymurphy in August 1971. [169993] Andrea Leadsom: To ask the Secretary of State for Energy and Climate Change how much funding his Mrs Villiers: I hold regular meetings with the First Department will provide to the developer of the Spring and Deputy First Minister covering a range of issues, Farm Ridge wind farm application in South including addressing the past in Northern Ireland. Northamptonshire, if that developer is approved. [170587] Ms Ritchie: To ask the Secretary of State for Northern Ireland how she plans to assess the implementation of Michael Fallon: The level of support available for any independent panels to investigate specific cases from wind farm is dependent on the mechanism through the past. [169994] which it receives support. Onshore wind generating stations above five megawatts Mrs Villiers: Each case is assessed on its merits and in scale are eligible for support under the renewables consideration is given to a range of issues including obligation (RO), administered by Ofgem. Stations that other ongoing investigations. 437W Written Answers14 OCTOBER 2013 Written Answers 438W

Carbon Emissions (b) all other staff employed by her Department received each level of performance rating in their end David T. C. Davies: To ask the Secretary of State for of year performance assessment for 2012-13. [170463] Northern Ireland how much her Department spent on the Government Carbon Offsetting Framework in the Mrs Villiers: For the reporting year 2012-13, 19% of latest year for which figures are available. [169861] staff employed by my Department were marked as ’outstanding’; of these, 5.6% of staff have declared Mrs Villiers: For the year 2012-13, my Department themselves as disabled. The remaining 71% were spent £1,752 under the Government’s Carbon marked as ’satisfactory’ and of staff in this category, Offsetting Framework. 3.7 % have declared themselves to be disabled. Civil Disorder Redundancy Mr Hollobone: To ask the Secretary of State for Northern Ireland what assessment she has made of the Jackie Doyle-Price: To ask the Secretary of State for effects of public disorder in summer 2013 on the economy Northern Ireland how many staff were made redundant in Northern Ireland. [170543] from non-departmental public bodies accountable to her Department in (a) 2010-11, (b) 2011-12 and (c) Mrs Villiers: I have condemned the public disorder in 2012-13; and how many redundancy payments were the summer in the strongest terms. We and the made in lieu of notice. [170356] Executive do all we can to make clear to people outside that Northern Ireland is a confident, forward looking place that is great to live, work and do business in. The Mrs Villiers: My Department has two executive non- violence of a tiny and unrepresentative minority can departmental public bodies—the Northern Ireland Human undermine that work, and damage prospects for the Rights Commission and the Parades Commission for economy, and for community relations. Northern Ireland; and one advisory non-departmental public body—the Boundary Commission for Northern Performance Appraisal Ireland. As these bodies are independent of Government, the hon. Member may wish to write to the Commissions Mrs Lewell-Buck: To ask the Secretary of State for directly on these matters—contact details are set out in Northern Ireland what proportion of (a) disabled and the following table:

ALB Status Contact details

Parades Commission for Northern Ireland Executive NDPB [email protected] Northern Ireland Human Rights Commission Executive NDPB [email protected] Boundary Commission for Northern Ireland Advisory NDPB [email protected]

Jackie Doyle-Price: To ask the Secretary of State for ATTORNEY-GENERAL Northern Ireland how many staff in her Department were made redundant in (a) 2010-11, (b) 2011-12 and Abortion: Prosecutions (c) 2012-13; and how many such staff received payments in lieu of notice. [170374] Mr Amess: To ask the Attorney-General what factors were taken into account by the Crown Prosecution Mrs Villiers: No staff in my Department have been Service in declining to prosecute those suspected of made redundant since 2010. being complicit in unlawful gender abortions in England and Wales; and if he will make a statement. [170116] Unmanned Air Vehicles The Solicitor-General: The Director of Public Prosecutions (DPP) has provided full written reasons Mr Watson: To ask the Secretary of State for Northern that explain the decision making in the cases referred to. Ireland whether she has had any discussions about the A copy has been placed in the Library of the House. acquisition and deployment of unmanned aerial vehicles The DPP has reviewed those decisions personally by the Police Service of Northern Ireland in relation to and the Attorney-General is satisfied that these difficult the policing of (a) the recent G8 summit and (b) decisions were taken properly and conscientiously. public order disturbances arising from parades. [R] On the facts of the cases referred to, the Crown [169708] Prosecution Service concluded that it would not be possible to prove that either doctor authorised an abortion Mrs Villiers: I meet regularly with the Chief on gender-specific grounds alone. Constable to discuss a range of issues in relation to the security situation in Northern Ireland, including the Mr Amess: To ask the Attorney-General how many use of unmanned aerial vehicles. Policing in Northern cases of suspected sex-selection abortions in the United Ireland is a devolved matter and therefore a Kingdom have been referred to the Crown Prosecution responsibility for the local Minister for Justice. This Service for investigation and possible prosecution in includes responsibility for the procurement and each year since 2010; what the outcome was in each deployment of operational assets including unmanned case where proceedings are complete; and if he will aerial vehicles. make a statement. [170119] 439W Written Answers14 OCTOBER 2013 Written Answers 440W

The Solicitor-General: The Crown Prosecution Service Prosecutions (CPS) does not conduct criminal investigations. That is a matter for the police. Mr Amess: To ask the Attorney-General under what The CPS does not maintain a central record of the circumstances he intervenes in decisions made by the number of cases referred to it for a charging decision Crown Prosecution Service; if he will list the occasions where an offence or offences of sex selective abortions when this has happened in each year since May 2010; are alleged. To provide this information would require a and if he will make a statement. [170117] manual search of files incurring disproportionate cost. The Solicitor-General: The responsibilities of the Law Officers in respect of the Crown Prosecution Service Drugs: Prosecutions (CPS) are outlined in the “Protocol between the Attorney General and the Prosecuting Departments” which is Caroline Lucas: To ask the Attorney-General with published online at: reference to the answer of 14 March 2013, Official https://www.gov.uk/government/publications/protocol- Report, columns 317-18W, on drugs: prosecutions, if he between-the-attorney-general-and-prosecuting-departments will provide the latest available data on the number of The number of occasions where the Law Officers offences charged for supply and possession in the last may have intervened, for example, by asking about complete financial year. [169782] particular decisions made by the CPS is not recorded centrally and such information could not be provided The Solicitor-General: The data provided in reference without incurring a disproportionate cost. to the Attorney-General’s answer of 14 March 2013, Official Report, columns 317-18W,contained tables detailing Redundancy the Crown Prosecution Service (CPS) figures by police force area from the financial year 2007-08. These tables Jackie Doyle-Price: To ask the Attorney-General have been updated to August 2013 and I am placing how many staff were made redundant from non- them in the Library of the House of Commons. departmental public bodies accountable to the Law Officers’ Departments in (a) 2010-11, (b) 2011-12 and Supply and possession of drugs offences are prosecuted (c) 2012-13; and how many redundancy payments under the Misuse of Drugs Act 1971. The records held were made in lieu of notice. [170343] by the CPS identify the number of offences in which a prosecution commenced and reached a first hearing in The Solicitor-General: The Law Officers’ Departments magistrates courts, rather than the number of defendants are not responsible for any non-departmental public prosecuted. The tables therefore show the number of bodies. offences, rather than defendants, charged for supply and possession offences for the last five complete financial Serious Fraud Office years. Offences for possession with intent to supply have been separated out for clarity. A single defendant may Emily Thornberry: To ask the Attorney-General how be charged with more than one offence. many Serious Fraud Office (SFO) decisions to investigate were signed off by (a) Richard Alderman, (b) Phillippa Offences Against Children: Prosecutions Williamson and (c) other senior members of SFO staff during Mr Alderman’s tenure as director of the SFO; and what records were kept of such decisions. [167919] Ann Coffey: To ask the Attorney-General how many finalised defendant prosecutions were prosecuted The Attorney-General [holding answer 6 September under charges relating to sexual offences involving a 2013]: During Richard Alderman’s tenure, between victim under 18 years of age (a) for the last three years 21 April 2008 and 20 April 2012, 58 cases were accepted for which data are available and (b) since January for criminal investigation. These decisions were normally 2013. [170444] recorded on case acceptance notification forms. The records show that seven of the 58 cases were The Solicitor-General: The Crown Prosecution Service accepted for investigation by Richard Alderman, 39 by (CPS) maintains a central record of the number of Phillippa Williamson, and 12 by the Tactical Tasking completed prosecutions for the number of defendants, and Coordination Group. This group reported to the whose principal offence was categorised as sexual offences. director through the then Executive Board. The CPS also identifies, by way of a monitoring flag, all On 30 September at Southwark Crown court, HHJ defendant cases involving a victim under 18 years of Loraine-Smith ruled in favour of the Serious Fraud age. The following table sets out the number of such Office’s position that Richard Alderman was empowered prosecutions in each of the last three complete calendar to delegate the decision to accept cases. years and from 1 January 2013 to 10 October:

Convictions Unsuccessful Total No. % No. % No. COMMUNITIES AND LOCAL GOVERNMENT

2010 3,421 75.1 1,136 24.9 4,557 Betting Shops 2011 3,557 74.7 1,204 25.3 4,761 2012 3,256 75.6 1,049 24.4 4,305 Zac Goldsmith: To ask the Secretary of State for 2013 2,467 77.0 736 23.0 3,203 Communities and Local Government if he will issue guidance to local authorities on the use of powers to This definition includes crimes perpetrated by both act against the proliferation of betting shops in a local adults and those under 18 years of age. area. [169936] 441W Written Answers14 OCTOBER 2013 Written Answers 442W

Brandon Lewis: Local planning authorities can issue (2) when he will reopen negotiations with the Fire an ‘Article 4’ direction, in consultation with the local Brigades Union on firefighters’ retirement age. [169882] community, which removes permitted development rights and ensures that where there is a change of use a Brandon Lewis: I have met regularly with the Fire planning application is required. Guidance can be found Brigades Union to discuss reforms to the firefighters’ on the Planning Portal, for example, the London borough pension schemes in England, most recently on 7 October of Barking and Dagenham has been consulting on an 2013. I am happy to continue discussions and would be Article 4 Direction and associated supplementary planning prepared to involve ACAS to facilitate talks with employers guidance to address the proliferation of betting shops on fitness and capability issues. in the local area. The Fire Brigades Union’s trade dispute letter explains Charities that the union would not be pursuing industrial action over the normal pension age of 60, which is in line with other uniformed services. Firefighters who joined the Mike Weatherley: To ask the Secretary of State for Fire and Rescue Service after 6 April 2006 already have Communities and Local Government if he will make it a normal pension age of 60 and that pension age his policy to ensure that his Department does not give already applies to one in three firefighters. grants to charities whose principal officers or employees engage in criminal activity at protests. [169668] Funerals: Low Incomes

Stephen Williams: In line with previous Administrations, Steve Rotheram: To ask the Secretary of State for the Department does not provide grants for organisations Communities and Local Government how many grants that are involved in criminal activity. Organisations that have been issued for paupers’ funerals in each of the exist for political purposes would not meet the criteria last five years. [170084] for charitable status and we would be unable to award them grants under the Charities Act 2006. If the hon. Steve Webb: I have been asked to reply on behalf of Member is aware that any Government funding has the Department for Work and Pensions. been misused, or any other assistance given, for the purposes of inappropriate political campaigning, we The Department for Work and Pensions does not would welcome the hon. Member drawing it to our hold information on the number of awards made for attention. public health funerals; these are arranged by individual local authorities. Benefit claimants who are in receipt of Empty Property an appropriate qualifying benefit may apply for a Social Fund Funeral Payment or a Budgeting Loan to help Julian Sturdy: To ask the Secretary of State for with the cost of the funeral of a relative or close friend. Communities and Local Government what his policy is We do not hold information about how many of these on council tax rates for empty properties and awards may have been used towards the cost of a public empowering local authorities to pursue compulsory health funeral. Table 1 gives the total number of funeral payment awards made in the last five years. purchase on long-term empty properties. [169742] Table 1: Funeral payments awards between 2008-09 and 2012-13 Brandon Lewis: The Government has a comprehensive Funeral payment awards empty homes strategy, as outlined in the answer of 2008-09 40,510 11 December 2012, Official Report, House of Lords, column WA219. Since 1 April 2013 billing authorities 2009-10 39,010 can set the council tax levels on unoccupied and unfurnished 2010-11 38,200 properties between zero and 100%. If a property remains 2011-12 37,650 unoccupied and unfurnished for two years or more a 2012-13 35,160 billing authority can charge an empty homes premium Notes: 1. The information provided is Management Information. Our preference of up to 50% extra council tax. is to answer all parliamentary questions using Official/National Statistics Local authorities have powers to purchase empty but in this case we only have Management Information available. It is properties to bring them back into use. In order for a not quality assured to the same extent as Official/National statistics compulsory purchase order to be confirmed a local and there are some issues with the data, for example, these amounts do not include expenditure on applications which were processed authority should have a scheme for the property, have clerically and have not yet been entered on to the Social Fund been unable to bring it back into use in any other way, Computer System. and be able to demonstrate that there are no financial 2. The figures relate to awards, not people. Individuals can apply for or planning impediments to prevent their scheme going and receive more than one Social Fund grant in any given year. ahead. I would add that this Government has reformed 3. All figures have been rounded to the nearest 10. Empty Dwelling Management Orders to ensure a more sensible balance between civil liberties, private property Travellers: Caravan Sites rights and state intervention. Julian Sturdy: To ask the Secretary of State for Fire Services Communities and Local Government what powers he has to ensure that local planning authorities’ estimates Hywel Williams: To ask the Secretary of State for of the need for additional pitches for Gypsies and Communities and Local Government (1) what recent Travellers in their area are based upon accurate estimates discussions he has had with the Fire Brigades Union of this need; and what steps he is empowered to take if regarding firefighters’ retirement age; [169881] such estimates are found to be inaccurate. [169743] 443W Written Answers14 OCTOBER 2013 Written Answers 444W

Brandon Lewis: Our planning policy for traveller sites Mr Vaizey: 42 local broadband projects have signed makes clear that as part of the local plan-making process, contract and are in implementation. 100,000 premises councils should objectively assess their own traveller have had superfast broadband made available as a site needs and then identify a suitable five-year supply result of BDUK intervention. BDUK will continue to of sites to meet their need, as far as is consistent with support local projects throughout the programme’s lifecycle national planning policy as a whole. and October 2013 will see the acceleration of the roll The local plan is subject to a public examination in out to more than 10,000 premises each week. By the front of an independent inspector. This will include spring of 2014 it is anticipated that 25,000 premises per testing the number of traveller pitches in the plan and week will be gaining availability to superfast broadband checking that the council’s proposals are supported by and by the summer of 2014 that will rise up to 40,000 a robust evidence base. Following the examination, the per week. Over the lifetime of the programme we estimate inspector reports either that the plan is sound and can that over 4 million homes and businesses across the UK be adopted or that the plan is unsound and should be will have gained availability to superfast broadband. withdrawn. In addition, the Government is removing a swathe of red tape to avoid potential delays to the roll out of Mr Ellwood: To ask the Secretary of State for infrastructure. Measures are in place to relax the planning Communities and Local Government what his policy is restrictions for new cabinets, poles and overhead lines, on the sharing of transit site facilities for Travellers by and mobile infrastructure, to speed up and reduce costs local authorities; and if he will make a statement. to communications providers rolling out broadband. [169945] The Government is leading discussions with key players to improve the co-ordination of street works and achieve Brandon Lewis: Our planning policy for traveller sites value for money in relation to power supplies to cabinets returns to local councils, in consultation with their local as part of the rural broadband programme. The wayleave community, the freedom and responsibility to assess regime governing the installation of equipment on private their traveller site needs including the need for transit land is also to be reformed which should help speeding sites. It asks councils to then work in consultation to up the installation of communications infrastructure in identify a suitable five-year supply of sites to meet their rural areas. objectively assessed need. Local authorities have a duty to co-operate on planning issues that cross administrative boundaries. Our policy Flags makes clear that local authorities should work together to prepare and maintain an up-to-date understanding Andrew Rosindell: To ask the Secretary of State for of the likely permanent and transit accommodation Culture, Media and Sport (1) if she will consider flying needs for their areas. They should also consider the the flags of the Overseas Territories and Crown production of joint development plans to provide more Dependencies on a more regular basis; [170791] flexibility in identifying sites, particularly if a local (2) if she will consider flying the flags of the planning authority has special or strict planning constraints Commonwealth of Nations on a more regular basis. across its area. [170792]

Mrs Grant: The flags of the Commonwealth nations CULTURE, MEDIA AND SPORT are flown on the ceremonial route on occasions including Broadband Trooping the Colour and associated events, London state visits and Commonwealth Day. There are currently Mr Nigel Evans: To ask the Secretary of State for no plans to fly them more regularly though we will be Culture, Media and Sport how many (a) homes and considering when they can be flown as part of the (b) businesses in (i) Ribble Valley constituency, (ii) celebration of next year’s Commonwealth games. Lancashire and (iii) the UK have access to high speed broadband. [170561] Historic Buildings: Repairs and Maintenance Mr Vaizey: Ofcom’s Infrastructure Report update in 2012 stated that superfast broadband availability was Alun Cairns: To ask the Secretary of State for Culture, 55.2% in the Lancashire county council area, compared Media and Sport what proportion of the maintenance with 65% for the UK as a whole at that time. Ofcom is of historical properties in the UK is currently funded by likely to update its local estimates for counties and revenue from Heritage Maintenance Funds. [169385] unitary authorities in the near future and when next reported these figures are likely to be higher than those Mr Vaizey: DCMS does not hold information on reported in 2012. Figures are not available for the what proportion of the maintenance carried out to the Ribble Valley constituency. UK’s historic properties is funded by revenue from the The Government allocated £10.83 million to support approximately 135 Heritage Maintenance Funds in roll-out of broadband in Lancashire. The project is in existence. delivery and is aiming to complete by 2015. Broadband: Rural Areas Musicians’ Union

Mark Menzies: To ask the Secretary of State for Luciana Berger: To ask the Secretary of State for Culture, Media and Sport what steps he is taking to Culture, Media and Sport for what reason she has increase the rate at which broadband is being rolled out recently declined an invitation to meet representatives to rural areas. [170114] of the Musicians’ Union and Equity. [170781] 445W Written Answers14 OCTOBER 2013 Written Answers 446W

Mr Vaizey: The Secretary of State was unable to meet Mrs Grant: We do not hold central records for the representatives of the Musicians’ Union and Equity due non-departmental public bodies. to diary pressures. I have regular meetings with the Musicians’ Union. Jackie Doyle-Price: To ask the Secretary of State for Culture, Media and Sport how many staff in her Newspaper Press: Retail Trade Department were made redundant in (a) 2010-11, (b) 2011-12 and (c) 2012-13; and how many such staff Jeremy Lefroy: To ask the Secretary of State for received payments in lieu of notice. [170364] Culture, Media and Sport what assessment she has made of the progress of retailers in implementing Mrs Grant: The following table shows the number of guidelines on the display of newspapers and magazines employees who took voluntary redundancy in the featuring age sensitive content following the Bailey Department in (a) 2010-11, (b) 2011-12 and (c) 2012-13, review; and if she will make a statement. [170236] and the number of such staff who received payments in lieu of notice. Mr Vaizey: In May 2013, the Government published the ‘Letting children be children: progress report’. The Number of Number of report set out progress on each of Reg Bailey’s employees who took employees who voluntary received a payment recommendations, including that the publishing and Financial year redundancy in lieu of notice retail industry work to “ensure that magazines and newspapers with sexualised images on their covers are 2010-11 32 32 not in easy sight of children”. The progress report is 2011-12 27 23 available on the Gov.uk website. 2012-13 89 9

Ofcom World Heritage Sites: South West David T. C. Davies: To ask the Secretary of State for Culture, Media and Sport when the employment Mr Cox: To ask the Secretary of State for Culture, contract for the chief executive of Ofcom is due to be Media and Sport what progress her Department has renewed. [169997] made on plans for Tavistock to become the key eastern visitor centre for the Cornwall and West Devon Mining Mr Vaizey: The terms of employment for the chief Landscape World Heritage Site. [169729] executive of Ofcom are a matter for Ofcom, the independent regulator. Mr Vaizey: It is a matter for the Cornwall and West Devon World Heritage Site management to determine Piers where visitor centres should be located.

Peter Aldous: To ask the Secretary of State for Culture, Media and Sport what funds her Department makes available to refurbish privately-owned seafront DEPUTY PRIME MINISTER piers. [170423]

Mr Vaizey: The Department for Culture, Media and Devolution: Wales Sport does not directly provide funding to refurbish privately owned piers. However, funding may be available Hywel Williams: To ask the Deputy Prime Minister from the Heritage Lottery Fund and English Heritage what recent representations he has received from the depending on a pier meeting their criteria for funding. Welsh Government regarding a constitutional HLF has previously funded a number of piers in convention. [169880] public or charitable ownership. Recent changes to their criteria mean that from 2013 they now also accept Greg Clark: The Deputy Prime Minister has not applications from private individuals for physical work received any recent representations on the topic of a to heritage assets under their Our Heritage programme, constitutional convention from the Welsh Government. which provides grants of more, than £10,000 and up to £100,000 for projects related to national, regional or Electoral Register local heritage in the UK. This includes piers. English Heritage provides grant aid to designated Mr Frank Field: To ask the Deputy Prime Minister assets in England, normally at grade I and II*, prioritising for how long a Commonwealth citizen must be present heritage at risk. in the UK before they can be included in the electoral register. [169917] Redundancy Greg Clark: There is no specific length of time a Jackie Doyle-Price: To ask the Secretary of State for qualifying Commonwealth citizen must be present in Culture, Media and Sport how many staff were made the UK before they can register to vote. However, in redundant from non-departmental public bodies order for an electoral registration officer to add a qualifying accountable to her Department in (a) 2010-11, (b) Commonwealth citizen to the electoral register, they 2011-12 and (c) 2012-13; and how many redundancy must be satisfied that he or she is resident in that payments were made in lieu of notice. [170346] constituency. 447W Written Answers14 OCTOBER 2013 Written Answers 448W

Mr Frank Field: To ask the Deputy Prime Minister Air Pollution what checks of immigration status are carried out before a person is included in the electoral register; and Zac Goldsmith: To ask the Secretary of State for who undertakes such checks. [169918] Environment, Food and Rural Affairs for what reason he proposes to remove the legal duty on local Greg Clark: The annual canvass form and the provisions authorities to monitor local air quality and designate for rolling registration capture a person’s nationality. air quality management areas. [169942] The electoral registration officer (ERO) uses this information to determine a person’s eligibility to register. Electoral George Eustice: The Government has consulted on registration officers have the power to require further options to improve the delivery of local air quality information if they have any doubts about the eligibility management responsibilities that local authorities have of any applicant. under the Environment Act 1995. This included proposals In future when applying to register to vote under to streamline reporting for local air quality and to individual electoral registration, application forms will improve reporting on measures to improve air quality. clearly set out the eligibility requirements and applicants will still have to declare their nationality. Additionally, Local authorities do not have a legal duty to monitor it will be possible for the ERO to request further evidence local air quality. The consultation on local air quality regarding immigration status to determine whether an management sought views on the implications of the individual is eligible to register. Government’s proposals for local air quality monitoring that does take place and also on whether or not local Wales authorities should continue to have a duty to declare air quality management areas, where objectives set out in Guto Bebb: To ask the Deputy Prime Minister (1) the Air Quality England Regulations 2000 are not met. whether his Department provides services to people The Government is considering the responses to its resident in Wales or usually resident in Wales; [166102] consultation and expects to publish a summary of those (2) whether his Office has a current Welsh Language responses by the end of 2013. This will be followed by a scheme; when that scheme was adopted; and whether it further consultation on revised regulations and guidance has been reviewed since May 2011. [166084] in 2014.

Mr Hurd: The Deputy Prime Ministers Office is an Biofuels integral part of the Cabinet Office. The Cabinet Office manages the GOV.UK website, Graham Stringer: To ask the Secretary of State for through which UK citizens can access Government Environment, Food and Rural Affairs pursuant to his information and digital services. The site links to all answer of 18 July 2013, Official Report, column 859W, Welsh-language Government transactions via: on biofuels, how many microgrammes of small particulates https://www.gov.uk/cymraeg (PM2.5) per cubic metre of air he expects emissions and has Welsh-language content for a number of from biomass combustion to add to the atmosphere in commonly-used services, such as information on car tax the UK in 2020 (a) net of fuels displaced by biomass and bank holidays. The site gives Government Departments and (b) not net of fuels displaced by biomass. [170509] the ability to publish Welsh-language content in line with the requirements of their individual Welsh language Dan Rogerson: The impacts on air quality arising schemes. from the use of biomass in 2020 have been assessed for The Cabinet Office does not yet have a Welsh language the main combustion sources ie electricity generation, scheme. domestic and non-domestic renewable heat incentive (RHI) schemes and domestic heating outside of the RHI. ENVIRONMENT, FOOD AND RURAL AFFAIRS (a) The net impact on air quality of these biomass sources has been recently modelled as adding 0.327 ug/m3 Agriculture: Subsidies to UK population weighted mean annual average concentrations of small particulates (PM2.5). Alison McGovern: To ask the Secretary of State for (b) The air quality impact of biomass use has not Environment, Food and Rural Affairs what assessment been assessed separately from other fuel sources, therefore he has made of the administrative burden placed on it is not possible to estimate the gross change to UK farmers applying for the single farm payment PM2.5 concentrations in 2020. compared to those in other EU member states; and if he will bring forward proposals to reduce that burden. Birds [170507]

George Eustice: No such assessment has been made. Jim Shannon: To ask the Secretary of State for Common agricultural policy (CAP) reform will from Environment, Food and Rural Affairs what discussions 2015 replace the existing single payment scheme with a he has had with farming bodies to protect the new framework of direct payments. We are investing yellowhammer in the UK; and what incentives exist for now in a much more efficient, customer friendly, online habitat improvement. [170741] system ready to support implementation from 2015. The new CAP delivery system will be simpler and George Eustice: I am not aware of any discussions the accessible to farmers by eliminating unnecessary Secretary of State has had with farming bodies to complexities and by avoiding gold-plating. discuss the protection of the yellowhammer. 449W Written Answers14 OCTOBER 2013 Written Answers 450W

Incentives for farmers and other land managers to Chris Williamson: To ask the Secretary of State for conserve and enhance important farmland bird habitats Environment, Food and Rural Affairs whether any are provided through Environmental Stewardship. badger cull licences have been issued covering areas Following a recent review, new payments were introduced outside Somerset and Gloucestershire. [170586] from 1 January 2013 specifically to provide food over the winter months (the ’hungry gap’) for grain eating George Eustice: No badger cull licences have been birds such as the yellowhammer: these payments include issued by Natural England covering areas outside of supplementary feeding and allowing silage fields to go west Somerset and west Gloucestershire. Dorset was a to seed during the autumn to provide a food source over reserve pilot area, but no licence was issued. the winter. Natural England issues a range of licences for purposes We are also looking at what further enhancements other than controlling bovine TB. Further information can be made to current scheme options for the successor can be found on Natural England’s website: to Environmental Stewardship for delivery in the next http://www.naturalengland.org.uk/ourwork/regulation/ Rural Development Programme. wildlife/species/badgers.aspx Conservation of biodiversity is a devolved matter so action in other parts of the UK is a matter for the Angela Smith: To ask the Secretary of State for devolved Administrations. Environment, Food and Rural Affairs (1) how many badgers have been culled in the (a) Gloucestershire Bovine Tuberculosis and (b) Somerset pilot zones since the commencement of shooting; [170026] Simon Hart: To ask the Secretary of State for (2) what the average number of badgers killed per Environment, Food and Rural Affairs what steps his day since the commencement of shooting in the (a) Department is taking to calculate the loss to farmers as Gloucestershire and (b) Somerset pilot zones has been. a consequence of outbreaks of bovine tuberculosis. [170027] [170228]

George Eustice: I refer my hon. Friend to the answer George Eustice: I would like to refer the hon. Member provided by the hon. Member for Somerton and Frome to the written ministerial statement of 9 October 2013, (Mr Heath) on 24 June 2013, Official Report, column Official Report, columns 23-24WS. Detailed operational 67W. information will not be published during the pilots. Details of the two badger cull pilots, including the Simon Hart: To ask the Secretary of State for number of badgers culled in each of the pilot areas, will Environment, Food and Rural Affairs what evidence is be published in due course following their completion. used by his Department to calculate compensation for animals destroyed as a result of a positive test for Buildings bovine tuberculosis; and where that evidence is published. [170229] Mr Weir: To ask the Secretary of State for Environment, Food and Rural Affairs what assessment he has made of George Eustice: Compensation in England is in nearly the number of office relocations made by staff of (a) all cases determined using table values, which reflect the his Department and (b) his Department’s non- average sales price of bovine animals in 51 different departmental public bodies (i) within the original building categories. Compensation rates, in each of the 51 categories, and (ii) to other buildings in each year since 2009-10; are re-calculated each month using large amounts of what the cost of (A) removals and (B) refurbishments open market sales data. The categories are based on related to such moves has been; and on how many cattle age, gender, type (dairy or beef) and status (pedigree occasions offices refurbished by his Department in that or non-pedigree). period have been used by his Department’s staff for less Compensation table valuations by month can be than four years before a further move. [169462] found on the DEFRA website at: http://www.defra.gov.uk/animal-diseases/controls/ George Eustice: This question could be answered compensation/cattle/ only at disproportionate cost due to the range and complexity of the information requested. Chris Williamson: To ask the Secretary of State for Environment, Food and Rural Affairs which badger cull Within the cost threshold I can confirm that, since licences have been issued in the last year; and for what 2009-10, nine offices refurbished by core DEFRA and its non-departmental public bodies have been used by geographical area each such licence covered. [170583] core DEFRA and its non-departmental public bodies’ George Eustice: Three badger cull licences have been staff for less than four year before a further move. In all issued in the last year by Natural England. Two licences cases, the further moves reflected opportunities to make cover the area of west Somerset, the first for six weeks efficiency savings, for example in relation to lease breaks, and the second for three, the other licence covers west which outweighed costs. Gloucestershire. Natural England issues a range of licences for purposes Butterflies other than controlling bovine TB. Further information can be found on Natural England’s website: Jim Shannon: To ask the Secretary of State for http://www.naturalengland.org.uk/ourwork/regulation/ Environment, Food and Rural Affairs what steps he is wildlife/species/badgers.aspx taking to improve butterfly habitats in the UK. [170739] 451W Written Answers14 OCTOBER 2013 Written Answers 452W

George Eustice: England’s biodiversity strategy, Genetically Modified Organisms Biodiversity 2020, takes an integrated, large-scale approach to biodiversity conservation, exemplified by our Nature Zac Goldsmith: To ask the Secretary of State for Improvement Areas initiative. This approach is designed Environment, Food and Rural Affairs (1) what research to meet the habitat needs of many species including his Department has funded on the effectiveness of different butterflies. approaches to tackling vitamin A deficiency in the The strategy recognises that there will also be a need Global South including GM, conventional plant breeding, to take targeted action for the recovery of certain vitamin supplements and diet diversification; [169831] priority species, including certain butterfly species, whose (2) what stage of development GM golden rice has conservation is not delivered through wider habitat-based reached in terms of (a) its risk assessment on health measures. These species are catered for through Natural and the environment and (b) its efficacy in tackling England’s species recovery programme. vitamin A deficiency. [169833] Incentives for farmers and other land managers to conserve and enhance important wildlife habitats, including George Eustice: DEFRA has not commissioned any those for butterflies, are provided under Environmental research in relation to tackling vitamin A deficiency. Stewardship. Up-to-date information on the development of GM Following a recent review, new payments were introduced golden rice is available on the website of the International from 1 January 2013 to improve habitats and food for Rice Research Initiative at: pollinators including butterflies, which provide for the http://irri.org/ addition of wildflowers to buffer strips and field corners, Trials of golden rice have taken place in the Philippines and the provision of legume-rich and herb-rich swards. to obtain data in support of an application for regulatory For the future, we are currently considering the scope approval. If the authorities determine that golden rice is for further enhancements for pollinators as part of safe for human health and the environment, it is planned wider environmental delivery through the reformed to undertake an independent evaluation of its efficacy common agricultural policy. in improving vitamin A status. Conservation of biodiversity is a devolved matter so action in other parts of the UK is a matter for the Zac Goldsmith: To ask the Secretary of State for devolved Administrations. Environment, Food and Rural Affairs what research his Department has conducted on the effect of the development of glyphosate-resistant weeds in (a) the Fisheries: Western Sahara UK, (b) the EU and (c) other countries and the effect of such developments on the costs of production. Cathy Jamieson: To ask the Secretary of State for [169834] Environment, Food and Rural Affairs how he will ensure that a part of the money paid by the EU under the new George Eustice: DEFRA has not commissioned any protocol to the EU-Morocco Fisheries Partnership research on the effect of glyphosate-resistant weeds. Agreement will be for the benefit of the indigenous people of Western Sahara. [170501] Zac Goldsmith: To ask the Secretary of State for Environment, Food and Rural Affairs what research his George Eustice: The new protocol to the fisheries Department has commissioned into the cost effectiveness agreement between the European Union and the Kingdom of GM crops compared to conventionally bred varieties; of Morocco has not yet been agreed by the Council and and if he will provide the (a) conclusions and (b) cost the European Parliament. The Government is studying of each such project. [169838] the proposed protocol carefully ahead of discussions expected in Council later this autumn. Dan Rogerson: A DEFRA-funded review has been The protocol, as initialled, requires Morocco to report published of the farm-level economic impacts of GM on the geographical distribution of European funds for crops, available at: structural support and infrastructure, and to include http://www.environmentalevidence.org/SR11002.html the impact on jobs and investment. The main conclusion from the study is that farmers growing GM crops experience higher costs but also Cathy Jamieson: To ask the Secretary of State for higher profits than those producing the equivalent non-GM Environment, Food and Rural Affairs by what mechanism varieties. This research formed part of a wider project, he will ensure that Saharawi will be employed on the the total cost of which was £55,000. EU vessels fishing under the new protocol to the EU-Morocco Fisheries Partnership Agreement. [170502] High Speed 2 Railway Line George Eustice: The new protocol to the fisheries agreement between the European Union and the Kingdom Andrew Bridgen: To ask the Secretary of State for of Morocco has not yet been agreed by the Council and Environment, Food and Rural Affairs (1) what the European Parliament. The Government is studying discussions he has had with the Secretary of State for the proposed protocol carefully ahead of discussions Transport on limiting loss of ancient woodland from expected in Council later this autumn. High Speed 2; [170144] The protocol, as initialled, contains no direct reference (2) how many of his Department’s officials are to the employment of Saharawi. However, it does include working with the Department of Transport on limiting obligations for vessel owners to take on board a minimum environmental damage during the construction of number of Moroccan seamen. High Speed 2. [170145] 453W Written Answers14 OCTOBER 2013 Written Answers 454W

George Eustice: The Secretary of State for Environment, George Eustice: Trading standards officers are responsible Food and Rural Affairs, my right hon. Friend the for enforcing consumer-related legislation, including Member for North Shropshire (Mr Paterson), has not products on sale at pet shops. Under the Pet Animals held any specific discussions to date with the Secretary Act 1951, local authorities (in most cases the Environmental of State for Transport, my right hon. Friend the Member Health Department) are responsible for issuing licences for Derbyshire Dales (Mr McLoughlin), on limiting to pet shops. In deciding whether to grant a licence, loss of ancient woodland from High Speed 2. local authorities need to be satisfied that the animals DEFRA’s non-departmental public bodies, Natural are being provided with their welfare needs. England (NE) and the Environment Agency (EA), are providing environmental advice to HS2 Ltd at an early Phytophthora Ramorum stage, in advance of any future parliamentary, planning, licensing and permitting phases. They will look at the Nicholas Soames: To ask the Secretary of State for impact of the route as they would any scheme of this Environment, Food and Rural Affairs what progress nature. This will ensure that the development of HS2 is his Department is making in removing rhododendron consistent with a robust approach to environmental bushes infected with Ramorum blight. [170720] compliance. NE and EA’s engagement with HS2 Ltd is underpinned by formal service level agreements. George Eustice: Current surveillance activity includes The varying range and terms of inputs required from inspection or survey of wholesale and retail nurseries, DEFRA officials over the pre-legislative stages of HS2 ports, parks, gardens and the wider environment to to date mean it is not possible to determine a precise identify and control new outbreaks. Extended surveys figure for numbers involved. Officials however work are also conducted around known Rhododendron with their DFT colleagues to ensure that high standards ponticum outbreak sites and around positive larch sites of environmental compliance are integral parts of the to locate any Rhododendron ponticum. Eradication HS2 project. activity is based around landowners removing infected Parliament will have the opportunity to consider the sporulating Rhododendron ponticum where identified final Environmental Statement (ES) when it is deposited by surveillance. Further Rhododendron ponticum clearance alongside the Hybrid Bill. The final ES will include is being undertaken by landowners, via the Woodland detailed information on the environmental impacts of Improvement Grant (WIG) schemes administered by the scheme and the company’s proposed mitigation. the Forestry Commission, where it is in association with previous or ongoing infection and therefore considered Landfill: EU Action a high risk of increasing inoculum levels.

Mr McKenzie: To ask the Secretary of State for Plants: Disease Control Environment, Food and Rural Affairs whether the UK will meet the landfill reduction requirement set by the Nicholas Soames: To ask the Secretary of State for EU; and if he will make a statement. [170309] Environment, Food and Rural Affairs what assessment he has made of the biosecurity risks to the UK from Dan Rogerson: The latest provisional data indicates tree and plant imports from outside the EU which are that the UK will meet its 2013 target under the EU transhipped via another EU member state. [170763] landfill directive to divert waste from landfill. We also expect to meet the equivalent target for 2020. George Eustice: The Plant Health Directive (2000/29/EC) already prohibits the import of a number of tree and Livestock: Transport plant species into the EU in response to plant health risks that have been identified. Those species which can Angela Smith: To ask the Secretary of State for be imported must be accompanied by a phytosanitary Environment, Food and Rural Affairs how many certificate to confirm that they meet any relevant import transporters have been involved with the export of requirements. Such requirements apply whether the trees livestock from the UK for further fattening or slaughter and plants are imported directly into the UK, or elsewhere in the last 12 months. [169828] in the EU. In addition, the Government is developing a new George Eustice: 20 authorised transporters have been plant health risk register in response to the report of the involved with the export of livestock from Great Britain independent Tree Health and Plant Biosecurity Expert for further fattening or slaughter in the last 12 months. Taskforce, to enhance our existing process of identifying, The Department of Agriculture and Rural Development assessing and responding to new and revised plant (DARD) are responsible for exports from Northern health threats. This will be published shortly. Ireland. Plastic Bags: Northern Ireland Pets: Sales Lady Hermon: To ask the Secretary of State for Laura Sandys: To ask the Secretary of State for Environment, Food and Rural Affairs what discussions Environment, Food and Rural Affairs what the he has had with the Environment Minister in the Northern responsibilities of trading standards and a local authority’s Ireland Executive on the effectiveness of the plastic bag licensing department are with regards to the regulation tax in reducing plastic bag usage in Northern Ireland; of pet shops. [170723] and if he will make a statement. [169287] 455W Written Answers14 OCTOBER 2013 Written Answers 456W

Dan Rogerson: Officials have been kept informed of to the Bus Service Operator Grant (BSOG), and DFT is the results of the carrier bag tax in Northern Ireland. discussing the possible impacts of these changes to We are determined to tackle the blight caused by carrier rural areas with DEFRA. bags, and therefore have recently announced our plan to DEFRA and DFT have also convened a working introduce a charge of 5p on single-use plastic carrier group of operators, local authorities, and voluntary bags in autumn 2015 to decrease their distribution in providers to encourage them to come up with practical England. solutions to fill gaps in rural transport provision. This is part of the Government’s response to last year’s Youth Productivity Select Committee report on transport and young people. This work is ongoing and interim findings are due next Laura Sandys: To ask the Secretary of State for spring. Environment, Food and Rural Affairs what assessment his Department has made of the Eurostat resource Sky Lanterns productivity scale. [169985] Paul Maynard: To ask the Secretary of State for George Eustice: No formal assessment of Eurostat’s Environment, Food and Rural Affairs what steps the resource productivity scale has been made. However, it Government is taking to prevent crimes against wildlife was considered alongside a number of other proposals arising from the use of Chinese lanterns and fireworks. as part of the UK response to a consultation by the [170208] European Commission on options for resource efficiency indicators in 2012. The UK response noted that the George Eustice: The independent study published in indicator has a number of recognised weaknesses regarding May this year concluded that the impact of sky lanterns the coverage of materials and the treatment of imports. on animal health and welfare is low. This was considered We are working with the Commission to help improve insufficient to justify and support action to ban the use the methodology used. of sky lanterns. The UK response to the consultation is available on Any future action Government may take will need to the Commission website: be proportionate to the problem and backed by reliable http://ec.europa.eu/environment/index_en.htm evidence. The study suggests that voluntary actions and initiatives Public Footpaths: Coastal Areas to raise public awareness are effective. We are now working with other Government Departments and Alison McGovern: To ask the Secretary of State for stakeholders across the hospitality and retail sectors to Environment, Food and Rural Affairs what length of raise awareness of the risks that sky lanterns pose and the English coastal path is currently available for public identify actions to mitigate those risks. access; what proportion this represents of the eventual The issue of fireworks falls under the responsibility complete path; and when he expects the full length of of the Department for Business, Innovation & Skills. the path to be publicly accessible. [170411] Tree Health and Plant Biosecurity Expert Taskforce George Eustice: An estimated 66% of the total English coast of 4,422 km has legally secured access. This includes existing long-distance paths such as the South Nicholas Soames: To ask the Secretary of State for West Coastal Path of 1,000 km. The right of coastal Environment, Food and Rural Affairs when he expects access has been introduced on a 32 km stretch of the to provide a full response to the final report from the English coast at Weymouth under the Marine and Tree and Plant Health Biosecurity Expert Taskforce. Coastal Access Act 2009, representing 0.7% of the [170719] estimated total length of the English coast. We have not set a timetable for completion of the George Eustice: The Government will provide a full English coastal path but are pressing ahead with delivering response to the final report from the independent Tree coastal access on a further 10 stretches of the English Health and Plant Biosecurity Expert Taskforce later coast. We are applying the lessons that we have learnt to this year. make sure it offers value for money. Trees: Disease Control Rural Areas: Public Transport Nicholas Soames: To ask the Secretary of State for Jake Berry: To ask the Secretary of State for Environment, Food and Rural Affairs what definition Environment, Food and Rural Affairs what steps he is of tree his Department uses in relation to biosecurity. taking to ensure that rural communities have adequate [170718] access to public transport. [170450] George Eustice: In relation to biosecurity, the definition George Eustice: DEFRA officials work closely with of a tree is cast as wide as possible in order to avoid colleagues in the Department for Transport (DFT) to creating loopholes and gaps. The aim is to identify, understand and monitor access concerns in rural areas assess and respond to threats to trees whatever their size and to rural proof the impacts of policies. For example, and setting—forests, amenity sites (eg parks and gardens), work is being carried out within DFT to set up a street trees, orchards, private gardens, trees along motorways monitoring and evaluation framework for assessing reforms and rail lines and in trade networks, including nurseries. 457W Written Answers14 OCTOBER 2013 Written Answers 458W

Unmanned Air Vehicles Manufacturer Grant paid (£) Number of grants

Mr Watson: To ask the Secretary of State for Mitsubishi 284,421.07 1 Environment, Food and Rural Affairs for what purpose, 1 The Clipper project did not go ahead and DECC recovered the £300,000 paid at what location and on how many occasions his Wines: South East Department has used drones in each of the last five years. [R] [169713] Nicholas Soames: To ask the Secretary of State for George Eustice: Core DEFRA has not used any Environment, Food and Rural Affairs what (a) funding unmanned aerial vehicles (drones) over the last five and (b) marketing support the Government provides to years. the sparkling wine growing industry in the south east. [170555] Waste Disposal George Eustice: The United Kingdom uses its annual support provided under Council Regulation (EC) 1234/07 Robert Neill: To ask the Secretary of State for (¤280,000) for its wine and sparkling wine sector in two Environment, Food and Rural Affairs how many waste areas: facilities regulated by the Environment Agency are in We allocate ¤120,000 (approx. £100,000) annually to the single breach of their environmental permit conditions; and payment scheme (SPS) to give all vineyards the ability to benefit how many such waste facilities are currently subject to from payments under this programme. enforcement proceedings under the Environmental The remaining amount is transferred annually to the Rural Permitting (England and Wales) Regulations 2010. Development Programme. This has enabled, inter alia, the [170333] development of a dedicated wine sector training programme (Wineskills) which provides advice on aspects of brand building, marketing and exporting. Dan Rogerson: From January to September 2013, 8,708 breaches of environmental permit conditions were We have recently secured places for two wine producers identified by the Environment Agency at 3,049 waste to represent UK wine producers on an EU speciality management sites. Of these breaches, 582 were recorded food trade mission to Japan and South Korea in November. as significant. Our sparkling wine producers are already starting to exploit both markets and our attendance on this mission Over the same period 79 formal enforcement proceedings will help to boost our trade links further with this were initiated under the 2010 regulations. region. Multiple permit breaches can be addressed by a single enforcement action. The Environment Agency may take other steps to bring a site into compliance, for CABINET OFFICE example sending a warning letter, before resorting to formal enforcement proceedings. Big Society Capital

Wind Power Mr Thomas: To ask the Minister for the Cabinet Office (1) what value of (a) unsecured and (b) secured Mr Binley: To ask the Secretary of State for loans Big Society Capital has (i) committed to make Environment, Food and Rural Affairs if he will list by and (ii) paid out in 2012-13; and what value it estimates value the 10 largest recipients of grant to landowners of (A) unsecured and (B) secured loans it will (1) for allowing the siting of wind turbines. [170005] commit to make and (2) pay out in (aa) 2013-14, (bb) 2014-15 and (cc) 2015-16; and if he will make a Gregory Barker: I have been asked to reply on behalf statement; [169660] of the Department of Energy and Climate Change. (2) how many unsecured loans Big Society Capital The Department does not pay grants to landowners has (a) committed to make and (b) paid in 2012-13; for allowing the siting of wind turbines. and how many such loans it estimates it will (i) commit to paying and (ii) pay out in (A) 2013-14, (B) 2014-15 Mr Binley: To ask the Secretary of State for and (C) 2015-16; and if he will make a statement. Environment, Food and Rural Affairs if he will list by [169679] value the 10 largest recipients of grant to wind turbine Mr Hurd: Big Society Capital (BSC) is an independent manufacturers. [170006] (private sector) company limited by shares. It is governed by the Big Society Trust. Government does not regulate Gregory Barker: I have been asked to reply on behalf BSC’s investment decisions, and so cannot detail its of the Department of Energy and Climate Change. planned investment commitments. The following grants were paid to wind turbine Details of BSC’s funding and expenditure can be manufacturers between 2009 and 2012. This included found in its first annual report. This report set out that funding directly delivered by DECC through the £56 million had been committed by BSC in 2012 with Environmental Transformation Fund, and delivered jointly the aim to make a further £75 million to £100 million with BIS through the Low Carbon Investment Fund. worth of commitments in 2013. http://bigsocietycapitalblog.com/2013/05/10/big-society- Manufacturer Grant paid (£) Number of grants capital-launches-its-first-annual-report/ Siemens 4,720,012 2 In May, BSC announced that it is working with a Vestas 4,700,000 2 number of intermediaries to get more unsecured lending Clipper 300,000 11 facilities for social sector organisations. 459W Written Answers14 OCTOBER 2013 Written Answers 460W

Drugs: Misuse Employment: Wales

Chris Ruane: To ask the Minister for the Cabinet Jim Shannon: To ask the Minister for the Cabinet Office how many people were employed in each (a) Office how many people died as a result of legal highs county and (b) constituency in North Wales in the (i) obtained from (a) tramadol and (b) mephedrone in 2001 and (ii) 2011 Census figures. [170441] the latest period for which figures are available. [170762] Mr Hurd: The information requested falls within the Mr Hurd: The information requested falls within the responsibility of the UK Statistics Authority. I have responsibility of the UK Statistics Authority. I have asked the authority to reply. asked the authority to reply. Letter from Joe Grice, dated October 2013: Letter from Peter Fullerton, dated October 2013: As Director General for the Office for National Statistics, I have been asked to reply to your Parliamentary Question on how On behalf of the Director General for the Office for National many people were employed in each (a) county and (b) constituency Statistics, I have been asked to reply to your recent question to the in North Wales in the (i) 2001 and (ii) 2011 Census figures. Minister for the Cabinet Office asking how many people died as a 170441. result of legal highs obtained from (a) tramadol and (b) mephedrone In 1996 all counties in Wales became unitary authorities. I have in the latest period for which figures are available (170762). included an extract from 2001 Census table KS12(a) which shows There is no official definition of the term ‘legal high’. However all people aged 16-74 in employment for the Unitary Authorities the Office for National Statistics does monitor deaths from drug-related and Parliamentary Constituencies of: poisoning, allowing analysis of deaths by specific substances involved. 2001 Westminster parliamentary 2001 Unitary authorities constituencies (June 2001) The table provides the number of drug-related deaths mentioning either tramadol or mephedrone in England and Wales, for deaths Conwy Alyn and Deeside registered in 2012 (the latest year available). Please note that more Denbighshire Caernarfon than 60% of these deaths mentioned more than one substance on Flintshire Clwyd South the death certificate and it is not possible to tell which was primarily responsible for the death. More information on how to Gwynedd Clwyd West interpret data on drug-related deaths can be found in the relevant Isle of Anglesey Conwy bulletins on the ONS website. Wrexham Delyn The number of drug-related deaths registered in England and Isle of Anglesey (Ynys Mon) Wales between 1993 and 2012 are available on the ONS website: Meirionnydd Nant Conwy www.ons.gov.uk/ons/rel/subnational-health3/deaths-related- Vale of Clwyd to-drug-poisoning/index.html Wrexham I have also included an extract from 2011 Census table KS608EW which shows all usual residents aged 16 to 74 in employment. Table 1. Number of drug-related deaths where tramadol or mephedrone were mentioned on the death certificate, England and Wales, deaths registered in 20121,2,3,4 2011 Westminster parliamentary Substance Deaths 2011 Unitary authorities constituencies (May 2010)

Tramadol 175 Conwy Aberconwy Mephedrone 12 Denbighshire Alyn and Deeside Flintshire Arfon 1 Cause of death was defined using the International Classification of Diseases, Tenth Revision (ICD-10) codes shown in Box 1. Gwynedd Clwyd South 2 Deaths were included where the underlying cause was drug-related, Isle of Anglesey Clwyd West and where either tramadol and/or mephedrone were mentioned on Wrexham Delyn the death certificate. Dwyfor Meirionnydd 3 Figures for England and Wales include deaths of non-residents. 4 Figures are based on deaths registered, rather than deaths occurring Isle of Anglesey (Ynys Mon) in 2012. Due to the length of time it takes to hold an inquest, it can Vale of Clwyd take months for a drug-related death to be registered in England and Wales. Additional information on registration delays for drug-related Wrexham deaths can be found in the annual statistical bulletin: www.ons.gov.uk/ons/rel/subnational-health3/deaths-related-to-drug- The information for the 2001 Census for Parliamentary poisoning/index.html Constituencies is available to download from the Neighbourhood Statistics website. The 2011 Census information can be downloaded Box 1: ICD-10 codes used to define deaths related from the NOMIS website. Links to these are shown below: to drug poisoning www.neighbourhood.statistics.gov.uk Description ICD 10 Codes www.nomisweb.co.uk Mental and behavioural disorders due to drug use F11-F16, 2001 Parliamentary constituencies—North Wales (excluding alcohol and tobacco) F18-F19 North Wales parliamentary constituencies (June 2001), census 2001 Accidental poisoning by drugs, medicaments and X40-X44 biological substances All people aged 16 to 74 in employment Intentional self-poisoning by drugs, medicaments X60-X64 and biological substances Isle of Anglesey (Ynys Mon) 26,167 Assault by drugs, medicaments and biological X85 Wrexham 30,156 substances Vale of Clwyd 27,646 Poisoning by drugs, medicaments and biological Y10-Y14 Clwyd South 31,851 substances, undetermined intent Clwyd West 27,575 461W Written Answers14 OCTOBER 2013 Written Answers 462W

2001 Parliamentary constituencies—North Wales Letter from Director, Chief Economic Advisor, dated North Wales parliamentary constituencies (June 2001), census 2001 October 2013: All people aged 16 to 74 in On behalf of the Director General of the Office for National employment Statistics (ONS), I have been asked to respond to your question: how much has been invested in new (a) nuclear, (b) gas, (c) coal Delyn 31,746 and (d) oil fuelled generating plants in each year since 2010-11. Conwy 28,167 [170194] Meirionnydd Nant Conwy 17,115 The Office for National Statistics does not collect data on Alyn and Deeside 37,706 investment in individual types of electricity generating stations. Caernarfon 24,296 However, Table 1 shows estimates for the total (net) capital Source: expenditure on plant and machinery by the electricity power 2001 Census Table KS12a—’Occupation (All people)’. generation, transmission and distribution industry, in current 2011 parliamentary constituencies—North Wales prices, for the years 2010, 2011 and 2012. This industry includes All people aged 16 to 74 in nuclear, gas, coal and oil fuelled generating plants. employment Table 1: Estimate of net capital investment in plant and machinery, by the electric power generation and transmission and distribution Isle of Anglesey (Ynys Mon) 30,431 industry Wrexham 33,416 Current prices (£ million) Vale of Clwyd 30,060 Clwyd South 33,757 2010 3,425 Clwyd West 32,187 2011 2,117 Delyn 32,954 2012 2,894 Aberconwy 25,443 Source: ONS, Quarterly Survey on Capital Expenditure Dwyfor Meirionnydd 27,444 Alyn and Deeside 41,095 Private Rented Housing: Wales Arfon 26,517 2001—Unitary authorities—North Wales Ian Lucas: To ask the Minister for the Cabinet Office All people aged 16 to 74 in how many people in (a) Wrexham constituency and Local authority name—North employment (count persons data (b) Wales live in private rented accommodation. Wales value) [169791] Isle of Anglesey 26,167 Gwynedd 46,911 Mr Hurd: The information requested falls within the Conwy 43,731 responsibility of the UK Statistics Authority. I have Denbighshire 38,277 asked the authority to reply. Flintshire 69,452 Letter from Director, Chief Economic Advisor, dated Wrexham 57,080 October 2013: Note: On behalf of the Director General for the Office for National Local authorities are known as unitary authorities in Wales. Statistics, I have been asked to reply to your Parliamentary Source: Question asking the Minister for the Cabinet Office how many 2001 Census Table KSl2a—’Occupation (All people)’. people in (a) Wrexham constituency and (b) Wales live in private 2011 Unitary authorities—North Wales rented accommodation. 169791 Population: All usual residents aged 16 to 74 in employment the week The figures below have been extracted from 2011 Census table before the census, C Sex: All persons QS403EW, which show all usual residents in households by All usual residents aged 16 to 74 in tenure. Local authority name employment (count persons data value) Wrexham Isle of Anglesey 30,431 parliamentary Gwynedd 53,961 Tenure constituency Wales Conwy 50,093 All categories 69,557 3,011,182 Denbighshire 41,156 Private rented 9,507 426,107 Flintshire 74,049 Wrexham 63,614 Private rented includes: Note: Private landlord or letting agency Local authorities are known as unitary authorities in Wales. Employer of a household member Source: 2011 Census Table KS608EW—’Occupation by Sex’. Relative or friend of household This information is also available for download from the NOMIS website at: Energy www.nomisweb.co.uk

Frank Dobson: To ask the Minister for the Cabinet Redundancy Office how much has been invested in new (a) nuclear, (b) gas, (c) coal and (d) oil fuelled generating plant in Jackie Doyle-Price: To ask the Minister for the Cabinet each year since 2010-11. [170194] Office (1) how many staff were made redundant from non-departmental public bodies accountable to his Mr Hurd: The information requested falls within the Department in (a) 2010-11, (b) 2011-12 and (c) 2012-13; responsibility of the UK Statistics Authority. I have and how many redundancy payments were made in lieu asked the authority to reply. of notice; [170344] 463W Written Answers14 OCTOBER 2013 Written Answers 464W

(2) how many staff in his Department were made the ability to publish Welsh-language content in line redundant in (a) 2010-11, (b) 2011-12 and (c) with the requirements of their individual Welsh language 2012-13; and how many such staff received payments schemes. in lieu of notice. [170362] The Cabinet Office does not yet have a Welsh language scheme. Mr Maude: After the last general election, the Government comprehensively reformed the civil service compensation scheme, ensuring significant savings for HOME DEPARTMENT taxpayers. We now expect most compensation payments to be recovered within a year. Compensation payments Agricultural Machinery: Theft should be seen in the context of the £2.2 billion we Andrew Stephenson: To ask the Secretary of State for saved the taxpayer last year alone as a result of a 15% the Home Department (1) what the cost of theft of reduction in the size of the civil service since 2010. farming equipment from farm premises was in each of Information on redundancies and other paid departures the last five years; [170015] are published each year in the Cabinet Office Annual (2) what her Department is doing to assist farmers Report and Accounts: prevent the theft of property and equipment from their https://www.gov.uk/government/organisations/cabinet-office/ premises. [170016] series/cabinet-office-annual-reports-and-accounts The Annual Report and Accounts of the Government Norman Baker: The Home Office has not made an Procurement Service and the Big Lottery Fund are assessment of the cost of theft of farming equipment available at: from farm premises. Tackling the theft of agricultural http://gps.cabinetoffice.gov.uk/about-government- equipment is primarily a matter for police forces, working procurement-service/annual-report-and-accounts with the Plant and Agricultural National Intelligence Unit (PANIU). PANIU is a specialist police unit whose and primary aim is to reduce plant and agricultural theft http://www.biglotteryfund.org.uk/about-big/our-approach/ across the United Kingdom. It monitors machinery corporate-documents theft from both the construction and farming industries, Complete information on payments in lieu of notice researches trends and threats, and helps individual police relating to redundancies in the Cabinet Office is not forces to identify stolen equipment and tackle the criminals held centrally. responsible. The National Crime Agency will also ensure that Third Sector: Training partners across the law enforcement community with a role in countering theft of agricultural vehicles and Michael Dugher: To ask the Minister for the Cabinet equipment benefits from its coordination, tasking and Office how many Big Society community organisers intelligence arrangements, in particular where this links to serious and organised crime. have been trained to date; and at what cost. [169542] Antisocial Behaviour: Merseyside Mr Hurd: The total number of Community Organisers trained to date is 1,536. This includes 346 senior Community Steve Rotheram: To ask the Secretary of State for the Organisers. Home Department how many individuals were arrested and charged by Merseyside police for anti-social behaviour The Community Organisers programme costs are offences from 2003 to the latest year for which figures published in the Cabinet Office Annual Report and are available. [170520] Accounts 2012-13 at: https://www.gov.uk/government/uploads/system/uploads/ Norman Baker: I regret that the information requested attachment_data/file/225980/HC_15.pdf is not available. Arrests data are reported to the Home Office on the Wales basis of aggregated offence groupings. From these centrally reported groupings it is not possible to separately identify Guto Bebb: To ask the Minister for the Cabinet offences related to antisocial behaviour. Office (1) whether his Department provides services to Data on charges are not held centrally. people resident in Wales or usually resident in Wales; Asylum: Finance [166098] (2) whether his Department has a current Welsh Sarah Teather: To ask the Secretary of State for the Language scheme; when that scheme was adopted; and Home Department how many asylum applicants whether it has been reviewed since May 2011. [166080] receiving support under section 4 of the Immigration and Asylum Act 1999 have been receiving that support Mr Hurd: The Cabinet Office manages the GOV.UK for more than (a) two, (b) four and (c) six years; and website, through which UK citizens can access Government if she will make a statement. [169647] information and digital services. The site links to all Mr Harper [holding answer 8 October 2013]: Section Welsh-language Government transactions via: 4 support is provided only to a limited group of failed https://www.gov.uk/cymraeg asylum seekers who have chosen not to leave the United and has Welsh-language content for a number of Kingdom. These include cases where the person is commonly-used services, such as information on car tax applying for a passport from their national embassy to and bank holidays. The site gives Government Departments facilitate their return to their country of origin and 465W Written Answers14 OCTOBER 2013 Written Answers 466W cases where the person has made further representations Mr Bain: To ask the Secretary of State for the Home to be allowed to stay in the United Kingdom (despite Department what funding her Department is providing already having received a negative decision). to police forces and specialist units for tackling crime in The data requested are set out in the following table. habitats affecting wildlife in the UK in (a) 2013-14 and The data are taken from management information systems (b) each of the next two financial years. [169767] and are not held in a format compatible with National Statistics protocols; it would be hard to reconcile these Norman Baker: The Home Office is providing specific data precisely to other published numbers. funding for the National Wildlife Crime Unit of £136,000 for 2013-14. No decisions have so far been taken in Duration Cases (number) relation to funding in 2014-15, or 2015-16. 0 to 2 years 1,876 Total central Government funding to the police in 2 to 4 years 773 England and Wales in 2013-14 is over £8.7 billion, 4 to 6 years 455 demonstrating the Government’s continued commitment 6+ years 205 to protecting the public and tackling all types of crime. Total 3,309 In addition, the police continue to receive around a quarter of their total funding from the police precept component of council tax. Burglary: West Midlands Entry Clearances: Africa Karen Lumley: To ask the Secretary of State for the Home Department how many burglaries have been committed in the West Midlands in each of the last Richard Burden: To ask the Secretary of State for the three years. [170107] Home Department (1) what efforts are made by High Commission staff in Tanzania and Kenya to determine Norman Baker: The data provided relate to all burglary the urgency of individual applications for visitor visas offences committed in the west midlands region in the to the UK; and what arrangements are in place in the last three years. They include both domestic and non- UK High Commissions in Kenya and Tanzania to domestic burglaries, and are taken from Home Office expedite applications for visitor visas to the UK Police Recorded Crime data. The data show the number deemed to be urgent; [167392] of burglaries for each police force area, as well as the (2) what the target waiting times for processing overall total for the region. visitor visa applications for Tanzanian citizens wishing I am pleased to note that the number of burglaries to enter the UK are; and what proportion of has fallen in each year. applications from Tanzania have been processed within Burglaries (domestic and non-domestic) recorded by the police in the the target times in the last 12 months. [167393] west midlands police force area Number Mr Harper [holding answer 4 September 2013]: Visa 2010-11 2011-12 2012-13 applications are considered by entry clearance officers Staffordshire 7,922 7,509 6,854 in Nairobi. If the applicant considers their visa application Warwickshire 5,319 5,576 4,437 to be urgent, they are able to apply for the premium West Mercia 9,499 8,417 7,851 service to expedite consideration. Otherwise all applications West Midlands 32,792 28,170 24,621 are considered in line with our published customer Total 55,532 49,672 43,763 service standards. Since 1 July 2013 Tanzanian visit visa applicants have been able to use a priority visa service (PVS). The PVS Crime: Nature Conservation is available to applicants who pay an additional fee to have their visa application placed at the front of the queue. PVS applications are usually decided within Mr Bain: To ask the Secretary of State for the Home three to five working days. Department what steps her Department is taking in conjunction with the devolved administrations and The current customer service targets for visit visa police forces to tackle crime in habitats affecting applications are to process 90% of non-settlement wildlife in the UK. [169766] applications within 15 working days, 98% within 30 working days and 100% within 60 working days of the application date. Norman Baker: The National Wildlife Crime Unit (NWCU) leads on tackling wildlife crime in the UK. Between 1 July 2012 and 30 June 2013, 4,242 visit visa Every six months the NWCU produces a tactical assessment applications were made by Tanzanian nationals at the of wildlife crime in the UK. The tactical assessment is visa application centre in the high commission in Dar es based upon scientific advice and intelligence from the Salaam. 86% of these applications were processed within police and other agencies (including Border Force) and 15 working days, 100% were processed within 30 working uses a risk based approach to identify current, emerging days. On average, a visit visa application made by a and future threats. The tactical assessment is considered Tanzanian national at the visa application centre in the by the UK Tasking and Coordinating Group, which high commission in Dar es Salaam took 8.8 working includes the Home Office, devolved Administrations days to be processed between 1 July 2012 and 30 June and other agencies. 2013. 467W Written Answers14 OCTOBER 2013 Written Answers 468W

Entry Clearances: Fees and Charges Table 1: Tier 4 Sponsors yet to obtain Highly Trusted Sponsor (HTS) status Sponsor Name

Mr Blunkett: To ask the Secretary of State for the 33 Castle School Pembrokeshire Ltd Home Department what charges are levied for visitor 34 CCP Group visas on (a) UK passport holders entering each 35 Cedar House School Commonwealth country imposing such a charge and 36 Central College of Studies (b) residents of such Commonwealth countries who 37 Centre Academy London enter the UK. [169640] 38 Centre for Teaching in Management Ltd. 39 City College Brighton and Hove Mr Harper [holding answer 8 October 2013]: The 40 City Community College UK does not levy charges for visitor visas on UK 41 City of Sunderland College passport holders entering Commonwealth countries. 42 Coleg Llanymddyfri Cymru The Home Office does not hold information on visa 43 Coleg Morgannwg charges levied by Commonwealth governments for UK 44 College of IT and Ecommerce Ltd passport holders entering Commonwealth countries. 45 College of North West London For residents of Commonwealth countries who require 46 Compas College a visa to enter the UK, the price is £80 for a short-term 47 Craigholme School visit visa, allowing multiple entries within a six-month 48 Croydon College period. 49 Croydon Metropolitan College 50 Didac schools Ltd Entry Clearances: Overseas Students 51 Doreen Bird College of Performing Arts 52 Eagle House Group Mr Gibb: To ask the Secretary of State for the Home 53 Easton College Department which education institutions sponsoring 54 EC English Bristol Ltd non-EEA students under Tier 4 of the points-based 55 Eden College International system have yet to obtain Highly Trusted status. 56 Edgbaston High School [168218] 57 EF Language Schools Ltd 58 ELAS UK Ltd Mr Harper [holding answer 10 September 2013]: The 59 ELC York a trading name of English Language Centre, York following table shows the names of the 207 education 60 Emerson College Trust Ltd institutions that have yet to obtain Highly Trusted 61 Empress College of London Sponsor status. 62 Enhanced Care Training 63 Essex College of Management and Sciences Table 1: Tier 4 Sponsors yet to obtain Highly Trusted Sponsor (HTS) status 64 Eternity College Ltd Sponsor Name 65 European School of Economics International Ltd 1 14 Stars (London) Ltd t/a European College for Higher Education 66 European School of Osteopathy 2 Abbot’s Hill School 67 Farleigh Further Education College 3 Access College London 68 Fine Arts College 4 Acorn Care and Education Limited 69 Frances King School of English 5 Adam Smith College 70 Future Training College 6 Alpha Business School 71 Futures College Ltd 7 Alpha Schools Limited 72 Gateshead Jewish Academy for Girls (also known as Beis Chaya Rochel) 8 Alton College 73 Georgetown University (USA) UK Initiatives Organisation 9 Amersham and Wycombe College 74 Global Banking School 10 Anglo Skills College 75 Global Vision College 11 Appleford School 76 Goldsmith IBS Limited (Goldsmith International Business School)’ 12 Auckland College 77 Grange Park Prep School 13 Avanti Schools Trust 78 Greenwich Community College 14 Aylesbury College 79 Hanford School 15 Ballard School 80 Hartlepool College of Further Education 16 Bedford College 81 Henley College Coventry 17 Bedfordian Business School 82 Herefordshire College of Technology 18 Bedfordshire Educational Academy 19 Bells College 83 Holy Trinity International School 20 Beth Yaakov Seminary for Girls 84 Howell’s School Llandaff 21 BeyondAutism 85 Hutchesons’ Educational Trust 22 Birmingham Informatics College Ltd. 86 Hymers College 23 Birmingham Management Training College 87 Institute of Business and Management Ltd 24 Bishop Grosseteste University 88 Institute of Islamic Education (Madrasa Taleem Ul Islam) 25 Bolton College 89 Interlink College of Technology and Bus.Studies 26 Brit College 90 International House Belfast 27 Britain College 91 ISE Hove 28 BSGS College 92 Isle of Wight College 29 Cambridge Performing Arts 93 Jak(Leics)Ltd T/A East Midlands School of Business and 30 Campbell Harris Management 31 Canterbury Steiner School 94 Jamea al Kauthar 32 Castle Court School 95 JFC Training College Ltd 469W Written Answers14 OCTOBER 2013 Written Answers 470W

Table 1: Tier 4 Sponsors yet to obtain Highly Trusted Sponsor (HTS) status Table 1: Tier 4 Sponsors yet to obtain Highly Trusted Sponsor (HTS) status Sponsor Name Sponsor Name

96 Jigsaw Trust 161 St Mary’s College 97 K College 162 St Stephen’s College ( UK ) Ltd 98 Kadampa School Project 163 St Vincent College 99 KBM London School of Accountancy and Business Studies 164 St. Albans College Limited 100 Keele University International Study Centre 165 St. Crispin’s School (Leicester Ltd) 101 Kennedy Independent School Trust Ltd 166 St. John’s School and College 102 Kimberly College Limited 167 St. Nicholas Publications Ltd t/a St. Nicholas College of London 103 King Edward VI College 168 Stanley College London UK Ltd 104 King Henry VIII School 169 Stoodley Knowle School 105 Kingsfold Christian School 170 Stow College 106 Knighton House School 171 Susi Earnshaw Theatre School 107 Language Link London Ltd. 172 Suzanne Sparrow Plymouth Language School 108 Leicester International College—UK 173 Sylvia Young Theatre School 109 Leicester Montessori Sixth Form College 174 Tavistock and Portman NHS Foundation Trust 110 Lingield Notre Dame 175 The Canning School Ltd (T/A Canning) 111 Liral Veget College London 176 The Centre for Homoeopathic Education 112 London College of Business Management Limited 177 The Claremont Fan Court Foundation Limited 113 London College of Management and Computer Sciences 178 The College of Haringey, Enfield and North East London″ 114 London Electronics College 179 The London Oriental Academy 115 London Learning Centre 180 The Mount School (York) 116 London Metrocity College 181 The National Autistic Society 117 London Metropolitan University 182 The Oxford School of Drama 118 London School of Law 183 The Portsmouth Grammar School 119 London School of Management Education 184 The Royal School 120 London State College Limited 185 The TTE Technical Training Group 121 Manchester Central School Of English 186 The Urdang Academy 122 Manchester College of Engineering And Technology 187 Titan Partnership Ltd 123 Man Chester Victoria College 188 TLI Ltd. 124 Meridian Business School Ltd 189 Totton College 125 Middlesex International College 190 Treloar School 126 Midlands Academy of Business and Technology 191 Trinity College Ltd. 127 Midlands Business’ Management College ~ 192 UK Business Academy 128 Motor Industry Training 193 UK Business College 129 Nelson College London 194 United International College 130 Newcastle upon Tyne Church High School 195 University of Lincoln International Study Centre 131 Nexus Trust 196 UR Beauty and Make-up LLP ta London School of Beauty and 132 North London College Make-Up 133 Northern Regional College 197 Vernon Community College 134 Northern School of Contemporary Dance 198 Wales Evangelical School of Theology 135 Notre Dame Catholic Sixth Form College 199 Warnborough College 136 Old Palace of John Whitgift School 200 Wessex Institute of Technology 137 Pinnacle College London 201 West Cheshire College 138 Purley Language College 202 West City College Ltd 139 Queensway College (Trading name of BD Dreams Limited) 203 West Lothian College 140 Ray Cochrane Beauty School 204 West Midlands Eurythmy Association 141 Reaseheath College 205 West Thames College 142 Redcliffe College 206 Wisbech Grammar School 143 Regents Theological College 207 Zaskin College 144 Reigate Grammar School Notes: 1. The list of organisation names was derived from published register of Tier 4 145 Ripon College Cuddesdon sponsors on 9 September 2013. 146 Rockport School 2. The register of Tier 4 sponsors is updated daily and is subject to change. Its 147 Royal Agricultural University accuracy can only be assured at the time of production. 3. The full register of Tier 4 sponsors (approved education providers) is 148 Royal Holloway, University of London International Study Centre available at the following link: 149 School of Computing and Business Studies http://www.ukba.homeoffice.gov.uk/business-sponsors/points/ 150 Select Global Learning Limited t/a Select International College Ltd sponsoringmigrants/registerofsponsors/ 151 Seven Hills Educational Trust 152 Somerset College Greg Mulholland: To ask the Secretary of State for 153 South and City College Birmingham the Home Department what her policy is on measures 154 South Chelsea International College Ltd. to enable international students to obtain visas that allow 155 South Devon College them to stay longer than the duration of their studies. 156 South Gloucestershire and Stroud College [168556] 157 South Quay College 158 South West College Mr Harper: The UK is keen to attract the brightest 159 South Worcestershire College and best international talent and has a highly competitive 160 St Hilary’s School Trust Ltd offer for international students who wish to remain in 471W Written Answers14 OCTOBER 2013 Written Answers 472W the UK after their studies. Those who obtain a graduate Foreign Nationals: Health Services level job earning at least £20,300 can remain on a work visa under Tier 2 of the Points Based System. Mr Ward: To ask the Secretary of State for the Home There is no limit on these places, which are exempt Department if her Department will take steps to ensure from the cap on economic migrants. Students completing that overseas visitors who are liable to pay for NHS a PhD or other doctoral qualification at a UK university treatment are made aware of this before they travel to can stay for a year on the Tier 4 Doctorate Extension the UK; and if it will encourage applicants for UK Scheme to gain experience in their chosen field. Graduates visas to take out health insurance. [168443] who wish to stay to develop a business idea can do so under the Tier 1 Graduate Entrepreneur scheme, the Mr Harper: The Home Office general visitor application first in the world of its kind. In April this year, we form, VAF1A December 2012, contains a declaration doubled the number of places on the Graduate which is signed by the applicant. The declaration includes Entrepreneur scheme, creating an additional 1,000 new the statement places for those who have completed an MBA in the “I am aware that I may be billed for any medical treatment UK or abroad. From October, we will also allow students undertaken in the UK...”. completing their degree to take up corporate internships Other visitor application forms for family visitors and in Tier 5, which can also be used to complete periods of business visitors contain the same declaration. The professional training. Home Office website also advises applicants that “if you are not in one of the categories that can receive free Cathy Jamieson: To ask the Secretary of State for the treatment, you may be asked to pay for any hospital treatment Home Department what her policy is on measures you receive. You may therefore wish to ensure that you have which enable international students to obtain visas health insurance to cover your, stay in the UK.” which allow them to remain in Scotland beyond the Overseas visitors from visa countries are accordingly duration of their studies for the purpose of gaining aware that they may be liable to pay for their NHS experience in employment related to their course of treatment. study. [169493] The Home Office has recently concluded a public consultation on measures to better regulate migrant Mr Harper: The UK is keen to attract the brightest access to the NHS, including proposals regarding health and best international talent and has a highly competitive insurance, and is currently considering the responses offer for international students who wish to remain in received. the UK after their studies. From October, new arrangements will enable non-EEA students who graduate in the UK Human Trafficking: Greater London to extend their stay under tier 5 of the points-based system in order to take up corporate internships, including Mr Frank Field: To ask the Secretary of State for the to complete periods of professional training. In addition, Home Department how many offences of human the Immigration Rules already provide for non-EEA trafficking were recorded in the (a) Metropolitan nationals who complete their studies in the UK and Police District and (b) City of London in each of the who are offered graduate-level employment earning at last four years; what the nationality was of each of the least £20,300 to extend their stay under tier 2 of the trafficked victims found during this period; and what points-based system without being subject to the limit type of human trafficking was involved in each such on numbers of tier 2 migrants. Students completing a case. [169879] PhD or other doctoral qualification at a UK university can also extend their stay for a year under the tier 4 Mr Harper: The Home Office does not collate such Doctorate Extension Scheme to gain experience in their data centrally. The Metropolitan Police Service (MPS) chosen field. Graduates who wish to stay to develop a recorded 673 offences of human trafficking arising from business idea can do so under the tier 1 Graduate organised criminality between 2009 and 2013, as set out Entrepreneur scheme, the first in the world of its kind. in the tables provided below. The City of London Police Immigration is a reserved matter and the Immigration recorded no offences of human trafficking between Rules apply to the whole of the UK. 2009 and 2013.

Data provided by the Metropolitan Police—Offences of Human Trafficking Recorded (FY 2009-10, 2010-11, 2011-12, 2012-13 and 2013-14 to September) Financial year 2013-14 (to Offence Expansion 2009-10 2010-11 2011-12 2012-13 September) Grand total

Knowingly holding another 0063 09 person in slavery or servitude Trafficking Into the UK for 34 42 35 35 21 167 Sexual Exploitation Trafficking Out of the UK for 0121 15 Sexual Exploitation Trafficking People Into the 13 23 29 403 8 476 UK for the Purpose of Exploitation Trafficking People Within the 1003 15 UK for the Purpose of Exploitation Trafficking Within the UK 2214 211 for Sexual Exploitation 473W Written Answers14 OCTOBER 2013 Written Answers 474W

Data provided by the Metropolitan Police—Offences of Human Trafficking Recorded (FY 2009-10, 2010-11, 2011-12, 2012-13 and 2013-14 to September) Financial year 2013-14 (to Offence Expansion 2009-10 2010-11 2011-12 2012-13 September) Grand total

Grand Total 50 66 73 449 33 673 Note: Police forces in the United Kingdom are routinely required to provide crime statistics to Government bodies and the recording criteria is set nationally. However, the systems used for recording these figures are not generic, nor are the procedures used locally in capturing the crime data. It should be noted that for these reasons this force’s response to your questions should not be used for comparison purposes with any other response you may receive. Data provided by the Metropolitan Police—Victims of Human Trafficking Offences Recorded by Nationality, (FY 2009-10, 2010-11, 2011-12, 2012-13 and 2013-14 to September) Financial year 2013-14 (to Offence Expansion Victim nationality 2009-10 2010-11 2011-12 2012-13 September) Grand total

Knowingly holding another Not recorded 0041 05 person in slavery or servitude Kenya0010 01 Morocco 0010 01 Nigeria0001 01 Pakistan 0001 01

Trafficking Into the UK for Not recorded 7 15 12 19 8 61 Sexual Exploitation Albania 4123 111 Bolivia0100 01 Bulgaria 1 0 1 1. 2 5 Cameroon 0000 11 Chile0100 01 China (People’s 1100 02 Rep. of) Czech Republic 0100 34 Estonia1100 02 Gambia 1000 01 Germany0100 01 Ghana 1010 02 Guinea0100 01 Hungary 10 0 0 3 1 14 Latvia0010 01 Lithuania 2200 15 Moldova1100 02 Nigeria4463 118 Poland0000 11 Romania 7525 221 Russia1000 01 Sierra Leone 1110 03 Slovakia0200 02 Thailand0110 02 Uganda 0120 03 United Kingdom 0010 01 Vietnam0111 03 Zambia 1000 01 Not recorded 0020 02

Trafficking Out of the UK China (People’s 0000 11 for Sexual Exploitation Rep. of) Nigeria0101 02

Trafficking Within the UK Not recorded 0104 16 for Sexual Exploitation Czech Republic 0000 11 Nigeria0100 01 475W Written Answers14 OCTOBER 2013 Written Answers 476W

Data provided by the Metropolitan Police—Victims of Human Trafficking Offences Recorded by Nationality, (FY 2009-10, 2010-11, 2011-12, 2012-13 and 2013-14 to September) Financial year 2013-14 (to Offence Expansion Victim nationality 2009-10 2010-11 2011-12 2012-13 September) Grand total

Romania 1010 02 Stateless/no 1000 01 country Grand total 45 44 40 43 24 196

Note: Number These tables show the total number of the listed offences of human trafficking recorded by the MPS and, separately, an 2009 2 overview of the nationality of the victims associated with such 2010 2 offences. It should be noted that the statistical discrepancy between the two totals is a result of an international policing operation 2011 8 which identified a high volume of offences in the 2012-13 year, as 2012 11 listed under two Crime Records. As a consequence, the high 2013 112 numbers of victims identified by MPS were, with the authority of 1 JITS commenced as of 10 September 2013. the Crime Force Registrar, not recorded under usual procedures There are no central records for UK involvement in but instead listed along with the details of separate investigation reports, so would require significant further analysis by MPS to JITs with non-EU member states. report. In addition, the nationality of victims was not recorded in all cases by MPS, for a variety of operational reasons. Knives: Crime

Immigration Richard Burden: To ask the Secretary of State for the Home Department what assessment she has made of Mr Jamie Reed: To ask the Secretary of State for the the adequacy of sentencing options for those convicted Home Department what checks and safeguards are in of knife crime. [170565] place to ensure that all UK Border Agency staff give Jeremy Wright: I have been asked to reply on behalf consistent advice to those applying for leave to remain of the Ministry of Justice. in the UK. [169284] The Government is sending a clear and unequivocal message that those who use a knife or offensive weapon Mr Harper [holding answer 8 October 2013]: There to threaten another person and cause an immediate risk are three primary routes for advice—help lines, website of serious physical harm to that other person that they and public enquiry offices. Consistency comes from the are behaving in a wholly unacceptable manner and can overarching policy frameworks, from which customer expect a custodial sentence. advice is given, and that advice is further checked by quality sampling, audits and reviews of policy and In the Legal Aid, Sentencing and Punishment of website content. All policy exceptions are also referred Offenders Act 2013, the Government introduced the to senior caseworkers for clarification or approval. Customer new offence of threatening and endangering someone feedback, including complaints, also provides a valuable with a knife in a public place or a school which came measure of the consistency and quality of advice provided into force on 3 December 2012. to customers by UK Visas and Immigration and any The Government is already considering whether there commercial partners. is a case for further changes to be made to the sentencing framework for knife possession as part of the knife sentencing review. We have already made it clear that we Joint Investigation Teams will be ensuring that cautions cannot be given for knife possession except, in exceptional circumstances. Any Dr Huppert: To ask the Secretary of State for the changes we make to the sentencing framework will be Home Department how many joint investigation teams brought forward in due course. the UK has been involved in for each of the last five years. [168496] Members: Correspondence Sir Gerald Kaufman: To ask the Secretary of State for Mr Harper [holding answer 12 September 2013]: the Home Department when she intends to reply to the Central records on the UK’s participation in Joint letter to her dated 8 August 2013 from the right hon. Investigation Teams (JITs) with other EU member states Member for Manchester, Gorton with regard to have only been held since October 2010, at which point Mr Odi Harrison. [168894] member states were obliged to notify their national representatives at Eurojust, the EU Judicial Co-operation Mr Harper: I wrote to the right hon. Member on Agency, when setting up a JIT. Consequently, the figures 11 September 2013. for 2009 and 2010 may not represent the total number of JITs the UK was involved in, but instead they Sir Gerald Kaufman: To ask the Secretary of State for provide a minimum number. Information provided by the Home Department when she plans to reply to the Eurojust indicates that the number of Joint Investigation letter to her dated 6 August 2013 from the right hon. Teams commenced in each of the last five calendar Member for Manchester, Gorton with regards to years involving UK authorities is as follows: Ms J. A. Neale. [169482] 477W Written Answers14 OCTOBER 2013 Written Answers 478W

Mr Harper: I wrote to the right hon. Member on Mr Harper [holding answer 12 September 2013]: 17 September 2013. Cyclamen is operated by Border Force officers and is in operation within UK ports. In exceptional circumstances, Sir Gerald Kaufman: To ask the Secretary of State for eg during critical incidents, the existing contract with the Home Department when she plans to reply to the Serco makes provision for the use of appropriately letter to the Minister for Immigration dated 8 August qualified and security cleared contractual staff. 2013 from the right hon. Member for Manchester, Gorton with regards to Mr A. A. Gbadegesin. [169483] UK Visas and Immigration

Mr Harper: I wrote to the right hon. Member on Mr Winnick: To ask the Secretary of State for the 7 October 2013. Home Department if she will arrange for the hon. Member for Walsall North to receive a reply to her Sir Gerald Kaufman: To ask the Secretary of State for letter of 23 July 2013 to the interim Director General of the Home Department when she plans to reply to the UK Visas and Immigration on behalf of a constituent, letter to the Minister for Immigration dated 8 August CTS ref M01314/13; and what the reason is for the 2013 from the right hon. Member for Manchester, length of time taken to reply. [168254] Gorton with regards to Mr A. Rahman. [169484] Mr Harper [holding answer 12 September 2013]: The Mr Harper: My noble Friend (Lord Taylor of Holbeach), director of UK Visas and Immigration replied on Minister for Criminal Information, replied on my behalf 6 September 2013. We aim to answer letters from hon. on 21 September 2013. Members within the agreed Cabinet Office standard of 20 working days. This target was not met due to the director requesting the initial draft be reworded to be Sir Gerald Kaufman: To ask the Secretary of State for more helpful to the hon. Member. the Home Department when she plans to reply to the letter to the Minister for Immigration dated 15 July 2013 from the right hon. Member for Manchester, Gorton with regards to Mr M. Ax. [169485] DEFENCE Mr Harper: I wrote to the right hon. Member on 17 September 2013. Afghanistan

Passports Mr Watson: To ask the Secretary of State for Defence pursuant to the answer to the hon. Member for Gillingham and Rainham, of 3 June 2013, Official Steve McCabe: To ask the Secretary of State for the Report, column 982W, on Afghanistan, what the Home Department if she will bring forward legislative process is for notifying (a) his Department and (b) the proposals to amend current legislation covering passports Afghan Government where (i) injuries and (ii) fatalities to allow for the names of parents and legal guardians to occur from UK unmanned aerial vehicle strikes in be included on children’s passports. [167133] Afghanistan. [R] [170279]

Mr Harper: There are no plans to include the names Mr Francois: ISAF forces go to great lengths to of parents or legal guardians in a child’s passport. The minimise the risk of civilian casualties arising from inclusion of parental responsibility details in the passport their operations in Afghanistan. would not reduce the requirement for border staff to be The process for notifying the Afghan authorities of satisfied with the relationship between the accompanying such an incident will vary in practice depending on the adult and the child. The inclusion of parental details in circumstances and context. The Ministry of Defence the child’s passport would only reflect the information would be notified through normal operational reporting provided at the time of the issuing of the passport. channels. Border Force staff would still need to determine whether an entry in the child’s passport remained relevant at the Mr Ivan Lewis: To ask the Secretary of State for time of travel and establish the accompanying adult’s Defence pursuant to the answer of 5 September 2013, relationship with the child. Further advice on travelling Official Report, column 480W,on Afghanistan, whether with children (under 18 years of age) can be found at: (a) the North Atlantic Council review of the practical http://www.ukba.homeoffice.gov.uk/customs-travel/ implications of UN Security Council Resolution 1325 Enteringtheuk/arrivingatukborder/child-travel-advice/ for the conduct of NATO-led operations and (b) the implementation plan of that review will be made public. Radioactive Materials: Monitoring [170298]

Mr Francois [holding answer 10 October 2013]: The Chris Bryant: To ask the Secretary of State for the North Atlantic Council review will be released to the Home Department (1) whether the Cyclamen nuclear public in both a full and summary version shortly after monitoring system is in operation at any UK ports; the NATO Defence Ministers meeting on 22 and 23 October [168901] 2013. NATO has yet to make a decision on whether the (2) whether a contract has been signed with a implementation plan will also be released but it is likely company allowing them to take on the operation of the that this will be resolved ahead of the Defence Minister’s Cyclamen nuclear monitoring system. [168528] meeting. 479W Written Answers14 OCTOBER 2013 Written Answers 480W

Mr Kevan Jones: To ask the Secretary of State for the development of the JOC. A key purpose of the Defence (1) what estimate he has made of the cost of DCDC is to produce research which tests and challenges additional security measures which were given established doctrine; its papers are designed to stimulate consideration but not adopted at Camp Bastion before internal debate not outline Government policy or positions. September 2012; [170637] As a learning organisation, it is important that DCDC (2) what the annual running cost of providing is able to challenge existing thinking to meet the threats security at Camp Bastion has been in each year since that the future may present. 2010; [170648] We have no intention of using its findings beyond its (3) what additional expenditure his Department has original purpose. incurred on increased security measures at Camp Bastion since September 2012; [170660] Armed Forces: Discharges (4) what discussions (a) he and (b) Ministers in his Department had with military leaders responsible for Cathy Jamieson: To ask the Secretary of State for security at Camp Bastion on security measures at the Defence how many Army recruits who left before the base prior to the attack of 14 September 2012; [170661] end of their Phase 2 training enlisted at (a) age16and (5) what changes have been made to the security (b) age 17, in the five most recent full financial years arrangements at the Camp Bastion base since the for which figures are available. [170527] attack on the night of 14 September 2012; [170662] (6) how many and what proportion of the guard Anna Soubry: The information held relates to those towers at Camp Bastion were empty on the night of 14 aged 16 and 17 on entry leaving service from the untrained September 2012 immediately prior to the attack on the strength, and is shown in the following table: base; [170663] (7) what internal investigations his Department will Age at intake be undertaking regarding the actions of British officers to untrained strength 2008-09 2009-10 2010-11 2011-12 2012-13 responsible for security at Camp Bastion on the attack on the base on the night of 14 September 2012; 16 years old 790 720 600 520 410 [170680] 17 years old 780 700 390 400 370 (8) how many of the British officers responsible for Total 1570 1420 990 920 780 security at Camp Bastion in September 2012 have since been promoted; [170683] Figures are for untrained Regular Army outflow for (9) if he will provide details of the current security other ranks only and therefore exclude officers, Gurkhas, full-time Reserve service, mobilised Reserves, TA and measures at Camp Bastion. [170684] all other Reserves. Figures have been rounded to 10; Mr Francois: The Chief of Defence Staff is currently numbers ending in five have been rounded to the nearest reviewing the findings of the U.S. report on the review multiple of 20 to prevent systematic bias. Totals and of security at Camp Bastion. Once this is complete, I sub-totals have been rounded separately and so may not will write to the hon. Member with the information he be the sum of their parts. has requested. Armed Forces: Qualifications Armed Forces: Deployment Cathy Jamieson: To ask the Secretary of State for Paul Flynn: To ask the Secretary of State for Defence Defence whether his Department intends to make GCSE when his Department commissioned the report on the English and mathematics at grades A*-C a compulsory implications for the current attitudes to risk of the Joint component of Phase 1 training for recruits at AFC Operational Concept; what the cost of this study was; Harrogate; what estimate his Department has made of what plans were made to release the report publicly; the cost of doing so; and if he will make a statement. and what plans he has to make use of its findings. [170524] [170610] Anna Soubry: Recruits at Army Foundation College Mr Francois: The paper on “The Implications of Harrogate access Functional Skills English and Maths Current Attitudes to Risk for the Joint Operational support as required, to achieve a minimum of Level 1 Concept” produced by the Development, Concepts and (equivalent to GCSE D-G). Where appropriate, recruits Doctrine Centre (DCDC) was the product of conceptual work towards Level 2 qualifications. GCSE provision is research to inform the development of the Joint Operating not offered as a matter of course at AFC Harrogate. Concept (JOC). The JOC was subsequently re-titled the Functional skills English and Maths are regarded as Defence Joint Operating Concept (DJOC). effective stepping stones for progressing towards GCSE The research commenced in May 2012 and was A*-C in these subjects. completed on 24 August 2012. There are no current plans to replace functional skills Two analysts worked on the project, for a total of awards as the measure of literacy and numeracy attainment approximately 60 working hours, during that period. or to mandate a GCSE English and Maths requirement There were no additional costs. for Army personnel, including those at AFC Harrogate. The work was never intended for publication but The Army has not carried out an estimate of the cost rather to be used, as many other conceptual papers are, of a wholesale adoption of GCSE English and Maths as an internal think piece, on this occasion in support of at AFC Harrogate. 481W Written Answers14 OCTOBER 2013 Written Answers 482W

Cathy Jamieson: To ask the Secretary of State for Mr Dunne: The Department’s records indicate that Defence what proportion of army recruits who dropped the Ministry of Defence has been the only owner of the out of training before the end of Phase 2 had GCSEs at Drill Hall. grades D-G in (a) English and (b) mathematics in the five most recent full financial years for which figures are Defence Infrastructure Organisation available. [170525]

Anna Soubry: The proportion of those discharged Steve McCabe: To ask the Secretary of State for from service for any reason prior to completion of Defence (1) on how many occasions the in-house Phase 2 training who had GCSE at grades D-G in option has been exercised for contract renewal options English and Mathematics is shown in the following for the Defence Infrastructure Organisation in the last table: three years; and if he will make a statement; [169722] (2) on how many occasions the in-house option has Percentage been exercised when considering contract renewal options for the Defence Infrastructure Organisation in 2008-09 31 the last three years; and if he will make a statement. 2009-10 29 [170096] 2010-11 31 2011-12 34 Dr Murrison [holding answers 9 and 10 October 2013]: The Defence Infrastructure Organisation has not exercised Cathy Jamieson: To ask the Secretary of State for an in-house option when renewing a contract in the last Defence what proportion of army recruits who dropped three years. out of training before the end of Phase 2 had GCSEs at Grades A*-C in (a) English and (b) mathematics in Defence: Procurement the five most recent full financial years for which figures are available. [170526] Mrs Moon: To ask the Secretary of State for Defence if he will publish details of the costs associated with the Anna Soubry: The proportion of those discharged planning, discussion and scrutiny of the proposed from service for any reason prior to completion of GoCo to date; and if he will make a statement. Phase 2 training who had GCSE at grades A*-C in [170276] English and Mathematics is shown in the following table: Mr Dunne: The Materiel Strategy programme is currently in the Assessment Phase and is considering two options, Percentage DE&S+ and a Government Owned Contractor Operated (GOCO) model. The commercial competition is ongoing 2008-09 22 and the Ministry of Defence is evaluating outline proposals 2009-10 22 from the GOCO bidders and the DE&S+ team. A final 2010-11 28 decision on which option will be taken forward will be 2011-12 30 made in summer 2014 at the end of the commercial 2012-13 34 negotiation and Assessment Phase. The Concept Phase of the programme started in May Armed Forces: Sexual Offences 2011 and analysed a number of different operating models. It concluded with the approval of the Initial Mrs Moon: To ask the Secretary of State for Defence Gate Business Case in April 2013 and cost £12 million. pursuant to the answer of 8 October 2013, Official Report, column 27W, on armed forces: sexual offences, Devonport Dockyard and Clyde Naval Base for what reasons UK defence contractors supplying personnel for use in UK defence bases abroad are not Angus Robertson: To ask the Secretary of State for prohibited from including in the contracts of those Defence what improvement notices have been issued by deployed in theatre a clause denying that right to report the Office for Nuclear Regulation at (a) Devonport sexual offences; and if he will make a statement. Royal Dockyards and (b) HM Naval Base Clyde; and [170773] for what reason such notices were issued in each of the last five years. [170725] Mr Dunne: The Ministry of Defence (MOD) does not consider such a prohibition necessary because a clause in a contract of employment which denies the Mr Dunne: The Office for Nuclear Regulation (ONR) right to report a crime is completely contrary to UK has issued one improvement notice to Babcock, as the public policy and is not deemed by the MOD to be nuclear site licensee, in respect of Devonport Royal likely to be enforceable. Dockyard Ltd (DRDL) in the last five years. It was issued on 16 July 2013, following a number of events in which operations were not carried out in accordance Buildings with DRDL’s health and safety operating instructions; and the statutory provisions of the Management of Mr Andrew Turner: To ask the Secretary of State for Health and Safety at Work regulations. Although satisfied Defence who has owned the Drill Hall in Newport, Isle that this issue did not have an immediate impact on of Wight since it was constructed; and if he will make a safety, and that DRDL had already taken action to statement. [170394] remedy some of the problems, ONR’s opinion was that 483W Written Answers14 OCTOBER 2013 Written Answers 484W an improvement notice was necessary to ensure that Mr Dunne: I refer my right hon. Friend to the reply DRDL make the appropriate improvements to their given by my noble Friend, the Under-Secretary of State, arrangements by 31 March 2014. A programme of Lord Astor of Hever, to the right hon. and noble Lord, improvements is in place to meet this compliance deadline. Lord West of Spithead, in the other place, on 30 July Her Majesty’s Naval Base Clyde is a nuclear authorised 2013, Official Report, House of Lords, columns WA263-64. site which is regulated by the Defence Nuclear Safety Regulator (DNSR) and not the ONR. The ONR has Jordan therefore not issued any improvement notices to the base. Where necessary, the DNSR would be responsible Mr Watson: To ask the Secretary of State for Defence for issuing safety improvement notices to HMNB Clyde; pursuant to the answer to the hon. Member for Moray, none have been issued in the last five years. of 17 July 2013, Official Report, column 771W, on Jordan, in what capacity his Department’s personnel are stationed in Jordan; and what the rank and role is of Energy those personnel. [R] [170282]

David T. C. Davies: To ask the Secretary of State for Dr Murrison: As of 9 Oct 2013 the Ministry of Defence what returns on investment his Department Defence personnel stationed in Jordan comprise: has achieved through energy saving policies to date. Five individuals in the Defence Section in the British [169971] embassy including the Defence Attaché, who is a Colonel, a Wing Commander, a Captain, a civilian and a Sergeant. Anna Soubry: The return on investment achieved by the Ministry of Defence through the Energy Spend to The UK Loan Service team, who are paid for by Save Programme is shown in the following table: Jordan to deliver training and capacity building. Its 21 members compromise a Colonel in command, a Lieutenant £ million Colonel, two Wing Commanders, four Majors, one Financial year Investment Savings Squadron Leader, three Captains, one Flight Lieutenant and eight Warrant Officers. 2011-12 10 7 2012-13 40 33 A Squadron Leader on exchange with the Royal 2013-14 55 70 Jordanian Air Force. 2014-15 (projected) — 70 A Squadron Leader and a Warrant Officer working Total 105 180 in the Jordanian-led Joint Intelligence Support Element. A Lieutenant Colonel deployed with the US Central The Department expects to continue to save some Command Forward (Jordan) as a liaison officer. £70 million annually as a result of this investment. Additionally, investment on energy saving measures RAF Akrotiri outside of the Energy Spend to Save Programme is expected to provide a return of some £39 million per Angus Robertson: To ask the Secretary of State for annum. Defence what assets and how many personnel from Royal Airforce (RAF) Regiment 20 have been deployed to RAF Akrotiri. [169580] Historical Enquiries Team Mr Francois: The 20 Wing RAF Regiment, more Ms Ritchie: To ask the Secretary of State for Defence commonly known as the Defence Chemical Biological, what assessment he has made of the relevance of Radiological and Nuclear Wing, deployed two personnel unreleased historical documents relating to Northern to RAF Akrotiri between 12 to 21 September 2013. A Ireland held at Swadlincote to the work of the Royal Navy medical specialist was also deployed in Historical Enquiries Team in investigating cases from support. No assets from the Regiment were deployed to the past; and whether he plans to release these records RAF Akrotiri with these personnel. to the National Archive under the Public Records Act 1958. [170659] Registered Visitors Mr Francois: Unreleased Ministry of Defence (MOD) records held at the archive at Swadlincote are considered Thomas Docherty: To ask the Secretary of State for in a range of proceedings and investigations including Defence (1) on how many occasions Mr Oliver Waghorn support to the Historical Enquiries Team. MOD officials has been registered as a visitor to his Department’s continue to work with the National Archives to determine main building since November 2011; [169636] which files should be selected for permanent preservation. (2) on how many occasions Mr Luke Coffey has been registered as a visitor to his Department’s main building since November 2011. [169637] Joint Strike Fighter Aircraft Mr Philip Hammond [holding answer 8 October 2013]: Nicholas Soames: To ask the Secretary of State for Since November 2011, there is no record of Mr Waghorn Defence what plans his Department has for training of having been registered as a visitor to the Ministry of F35 Joint Strike fighter pilots; and if he will make a Defence (MOD) main building, and Mr Luke Coffey statement. [170554] has been registered as a visitor on three occasions. 485W Written Answers14 OCTOBER 2013 Written Answers 486W

These were on 2 December 2011 for a meeting with the Mr Watson: To ask the Secretary of State for special advisor, on 23 January 2012 to meet staff in the Defence if he will make it his policy to hold discussions Permanent Secretary’s Office, and on 24 January 2012 with his international counterparts on updating the for a personal meeting with an Army Officer. legal framework for attacks by unmanned aerial In addition, my private office records show both Mr vehicles targeted at particular individuals. [R] [170715] Waghorn and Mr Coffey attended a meeting with me in my MOD office on 3 November 2011. Mr Francois: No.

Turkey WORK AND PENSIONS Mr Watson: To ask the Secretary of State for Defence whether he has discussed the acquisition, development and deployment of unmanned aerial Innovation Fund for Separated Parents vehicles with his counterpart in Turkey. [R] [169706] 18. Henry Smith: To ask the Secretary of State for Mr Francois: No such discussions have taken place. Work and Pensions what progress he has made on the innovation fund for helping separated parents. [900450] Type 26 Frigates Steve Webb: We have invested almost £10 million in two rounds of the innovation fund. £6.5 million has Mr Ellwood: To ask the Secretary of State for already been awarded to seven voluntary and private Defence (1) what plans he has to introduce the Type 26 sector organisations, most of which are now in the very frigate as the replacement for the Type 23 frigate; early stages of delivery with some starting to see results. [169946] The second round is now well under way and will (2) what weapons systems are planned to be included allocate up to £3.4 million to successful projects by the in the Type 26 Global Combat Ship; [170431] end of the year. (3) what unmanned aircraft system and rotor systems are planned to be included in the Type 26 Post Office Current Account Global Combat Ship; [170432] (4) how many Type 26 Global Combat ships are 20. Greg Mulholland: To ask the Secretary of State planned to be built; and when the first ceremonial for Work and Pensions what plans he has for the future cutting of metal will take place; [170433] of the Post Office current account; and what (5) when the Type 26 Global Combat Ship will be assessment he has made of its compatibility with completed and come into service. [170445] universal credit payments. [900452]

Mr Dunne: I refer the hon. Member to the answer Steve Webb: Universal credit can be paid into Post given by the then Minister for Defence Equipment, Office card accounts—however, these have limited Support and Technology, my hon. Friend the Member functionality. for Mid Worcestershire (Peter Luff), on 24 May 2012, We have always been clear that the best option is an Official Report, column 833W, to my hon. Friend the account that accepts payments from employers and Member for New Forest East (Dr Lewis). allows direct debits. The Type 26 Global Combat Ship (T26 GCS) My Department continues to work closely with the programme is currently in its Assessment Phase. As is Post Office as they consider their own proposals for the standard practice with equipment projects, the final banking products, including current accounts. design, equipment fit and build programme will not be set until the main investment decision has been taken, this is expected to be around the middle of this decade. Defined Pension Contribution Schemes: Governance The Ministry of Defence’s current planning assumption is for the construction of 13 T26 GCS. 21. Mark Durkan: To ask the Secretary of State for Work and Pensions what assessment he has made of Unmanned Air Vehicles the Office of Fair Trading’s recent recommendations on the creation of independent governance committees in defined contribution pension schemes. [900453] Mr Watson: To ask the Secretary of State for Defence pursuant to the answer of 18 July 2013, Official Report, Steve Webb: We agree with the Office of Fair Trading’s column 960W,on unmanned aerial vehicles, whether his view that workplace pension schemes should have robust Department has carried out training in unmanned aerial governance that protects member interests. vehicles in conjunction with a European military within his Department’s reserved airspace areas in the UK in We are now working with the OFT and partners in each of the last 10 years. [R] [169786] the pensions industry to assess the implementation of their recommendations, including the creation of Mr Francois: No joint training on unmanned aerial independent government committees. vehicles is known to have taken place between the UK We are also studying the responses to the Government’s and the armed forces of a European nation in the last recent call for evidence on quality standards in DC ten years, within a reserved airspace area in the UK. workplace pension schemes. 487W Written Answers14 OCTOBER 2013 Written Answers 488W

Employment of Former Remploy Workers: Hyndburn Esther McVey: The total number of specialist advisers working with disabled people across Britain is 1,368. 23. Graham Jones: To ask the Secretary of State for This is in addition to the dedicated support they receive Work and Pensions how many former Remploy from our mainstream advisers. workers from Hyndburn constituency are now in employment. [900455] Carbon Emissions

Esther McVey: There are a total of four disabled David T. C. Davies: To ask the Secretary of State for former Remploy employees in the Hyndburn constituency. Work and Pensions how much his Department spent One is currently in employment. One found employment on the Government Carbon Offsetting Framework in but has subsequently left and is now claiming JSA. A the latest year for which figures are available. [169858] further former employee is claiming JSA and the final former employee is currently undertaking a work trial. Esther McVey: The Department for Work and Pensions Widow’s or Widower’s Pension: Civil Partners spent £135.32 on the Government Carbon Offsetting Framework for 2011-12, the latest year for which figures are available. 24. Mike Freer: To ask the Secretary of State for Work and Pensions what estimate he has made of the This represents payment for 198.49 tonnes of carbon. number of surviving civil partners qualifying for a widow’s or widower’s pension. [900456] Carer’s Allowance

Steve Webb: There is currently not enough data in Mrs Moon: To ask the Secretary of State for Work this area to allow us to estimate accurately the number and Pensions (1) what consideration he has given to the of surviving civil partners qualifying for a widow or earnings limit of the carer’s allowance; and if he will widowers pension. However during the passage of the make a statement; [170273] Marriage (Same Sex Couples) Act 2013 the Government committed to undertake a review of survivor benefits in (2) what assessment he has made of the effect the occupational pension schemes. This will investigate the increase in the national minimum wage will have on differences in treatment between same sex and opposite carers working over 16 hours per week; and if he will sex survivor benefits in occupational pensions. make a statement; [170277] (3) when the earnings limit for carers allowance was Work Capability Assessments last increased; and if he will make a statement. [170278]

Annette Brooke: To ask the Secretary of State for Mike Penning: The earnings limit for carer’s allowance Work and Pensions what improvements he plans to was last increased in April 2010, from £95 to £100 per make to the work capability assessment process. week. There are no immediate plans to increase the [900436] earnings limit but the Government will keep the matter under review. Mike Penning: This Government have improved the The earnings limit is £100 per week net of allowable work capability assessment process it inherited. However, expenses so some carers, including some of those working we are not resting on our laurels. over 16 hours per week at the national minimum wage, Over the next few months we will: will be able to earn significantly more than £100 and Publish the fourth independent review, and the Government’s still be entitled to carer’s allowance. response; Publish the findings of the evidence-based review of the descriptors; Children: Maintenance Publish an invitation to tender to re-contract provision. Mr Nigel Evans: To ask the Secretary of State for Employment of Former Remploy Workers Work and Pensions how many parents in (a) Ribble Valley constituency, (b) Lancashire and (c) the UK Pamela Nash: To ask the Secretary of State for Work have been in arrears with their Child Support Agency and Pensions how many former Remploy workers are payments for a period of (i) under six months, (ii) now in employment. [900445] under a year and (iii) over a year in each of the last five years. [170530] Esther McVey: At 4 October 2013, 1,326 disabled former Remploy workers are engaging with personal Steve Webb: The information requested is not available case workers to find jobs. 669 jobs have been found for as it is not routinely recorded. Answering your request disabled former employees and 535 are in work. 390 are would require the creation of new information which on Work Choice undertaking activities aimed at moving cannot be completed and appropriately assured without them closer to employment. incurring disproportionate cost.

Specialist Disability Employment Advisers Mr Nigel Evans: To ask the Secretary of State for Work and Pensions how many parents in (a) Ribble Kate Green: To ask the Secretary of State for Work Valley constituency, (b) Lancashire and (c) the UK and Pensions how many specialist disability employment have been registered with the Child Support Agency in advisers are employed by his Department. [900447] each of the last five years. [170531] 489W Written Answers14 OCTOBER 2013 Written Answers 490W

Steve Webb: The following table shows the number of Esther McVey: It is the policy for all Jobcentre Plus cases registered with the Child Support Agency in (a) branches to signpost people to food banks where it is Ribble Valley, (b) Lancashire and (c) the UK for each appropriate to do so. of the last 5 years. Luciana Berger: To ask the Secretary of State for Ribble Valley Lancashire UK Work and Pensions pursuant to the Prime Minister’s answer of 11 September 2013, Official Report, column June 975, on Engagements, whether Jobcentre Plus branches 2009 900 33,700 1,213,000 are referring people to food banks. [170776] 2010 840 32,330 1,148,600 2011 810 31,770 1,141,310 Esther McVey: Jobcentre Plus signposts people to 2012 840 30,500 1,116,120 food banks where it is appropriate to do so. 2013 840 30,190 1,115,490 Notes: 1. Lancashire is made up of: Blackburn with Darwen, Blackpool, Funeral Payments Burnley, Chorley, Fylde, Lancaster, Pendle, Ribble Valley, Preston, Rossendale, South Ribble, West Lancashire and Wyre local authorities. Jonathan Evans: To ask the Secretary of State for 2. Figures rounded to nearest 10. 3. Caseloads have been allocated to a local authority by matching the Work and Pensions what steps he is taking to support residential postcode of the parent with care for all cases administered families who struggle to pay funeral costs; and if he on the CS2 and CSCS computer systems to the Office for National will make a statement. [169830] Statistics Postcode Directory. All figures have then been rated up to match the total caseload figure which includes cases administered off Steve Webb: The Social Fund Funeral Payment scheme system. 4. The UK figures include cases where the parent with care has a continues to provide help towards a simple, respectful, residential postcode in Northern Ireland. low-cost funeral and, in 2012-13, over 35,000 awards 5. All figures exclude cases processed on the 2012 Child Maintenance were made worth £43.1 million, with an average award Scheme. of £1,225. Employment and Support Allowance From May 2012, budgeting loan provision was extended to include funeral expenses. This helps where a deposit Mr Frank Field: To ask the Secretary of State for is required up front, or towards the balance of costs Work and Pensions what assessment he has made of that a social fund funeral payment cannot meet. the proportion of employment and support allowance From 1 April 2013, any arrears of benefit, which were claimants who (a) are in receipt of contributory due to the deceased at date of death, are disregarded. employment and support allowance and (b) have This means that such arrears are no longer deducted exhausted eligibility for contributory employment and from the funeral payment award. support allowance. [169805] Housing Benefit Esther McVey: Statistics on the proportion of employment and support allowance claimants who are in receipt of contributory employment and support Mr Bain: To ask the Secretary of State for Work and allowance can be found at: Pensions (1) how many persons under the age of 25 were in receipt of housing benefit in each of the last http://tabulation-tool.dwp.gov.uk/100pc/tabtool.html four financial years; and how many such persons were Guidance for users is available at: (a) in employment and (b) not in employment; and https://www.gov.uk/government/publications/dwp-tabulation- what the average award of housing benefit was per tool-guidance week for each of those groups; [170173] Information on the proportion of employment and (2) how many persons under the age of 25 were in support allowance claimants who have exhausted eligibility receipt of housing benefit in each of the last four for contributory employment and support allowance is financial years; and how many of those were (a) in not readily available and could be provided only at lone parent households and (b) victims of domestic disproportionate cost. violence. [170174] Employment: Wales Steve Webb: Statistics on how many persons under the age of 25 years were in receipt of housing benefit in Ian Lucas: To ask the Secretary of State for Work each of the last four financial years; and how many and Pensions what estimate he has made of the average such persons were (a) in employment and (b) not in weekly number of job applications submitted by each employment and (c) in lone parent households; and jobseeker in (a) Wrexham constituency and (b) Wales what the average award of housing benefit was per week in each of the last five years. [169800] for each of these groups can be found at: Esther McVey: No such data is collected. https://stat-xplore.dwp.gov.uk/ Guidance on how to extract the information required Food Banks can be found at: https://sw.stat-xplore.dwp.gov.uk/webapi/online-help/Stat- Luciana Berger: To ask the Secretary of State for Xplore_User_Guide.htm Work and Pensions how many Jobcentre Plus branches Information on how many persons, under the age of are currently signposting people to food banks; and if 25 years, in receipt of housing benefit were victims of he will publish a list of such branches. [170709] domestic violence is not available. 491W Written Answers14 OCTOBER 2013 Written Answers 492W

Industrial Health and Safety Jobseeker’s Allowance

Mr Frank Field: To ask the Secretary of State for Joan Walley: To ask the Secretary of State for Work Work and Pensions what assessment he has made of and Pensions how many health and safety inspections the proportion of jobseeker’s allowance claimants who of cooling towers have been completed since May 2010. (a) are in receipt of contributory jobseeker’s allowance [169764] and (b) have exhausted eligibility for contributory jobseeker’s allowance. [169804] Mike Penning: In the years 2010-11, 2011-12 and 2012-13, the Health and Safety Executive (HSE) carried Esther McVey: Statistics on the proportion of jobseeker’s out 223, 157 and 324 inspections respectively, involving allowance claimants who are in receipt of contributory cooling towers and evaporative condensers. HSE did jobseeker’s allowance can be found at: not collect such data on inspections carried out by local http://tabulation-tool.dwp.gov.uk/100pc/tabtool.html authorities in those years. Guidance for users is available at: In 2013-14, HSE and local authority inspectors are https://www.gov.uk/government/publications/dwp-tabulation- undertaking a special programme of visits to inspect tool-guidance cooling towers and evaporative condensers as part of a Information on the proportion of jobseeker’s allowance wider programme of interventions to improve the claimants who have exhausted eligibility for contributory management of the risks from Legionella. Between jobseeker’s allowance is not readily available and could April and September 2013, HSE has carried out 530 be provided only at disproportionate cost. inspections, with 90 more undertaken by local authorities. Mr Hepburn: To ask the Secretary of State for Work and Pensions (1) how many claimants of jobseeker’s Alex Cunningham: To ask the Secretary of State for allowance in (a) Jarrow constituency, (b) South Tyneside, Work and Pensions what recent assessment he has (c) the North East and (d) the UK who have disputed made of the safety implications of employing workers their sanction of their benefit have had their sanction on zero hours contracts in (a) hazardous industries overturned in each of the last five years; [169899] and (b) the offshore oil and gas industry. [170656] (2) how many claimants of jobseeker’s allowance in (a) Jarrow constituency, (b) South Tyneside, (c) the Mike Penning: The Health and Safety Executive (HSE) North East and (d) the UK who disputed the sanction is responsible for regulating health and safety in onshore of their benefit had their sanction overturned after major hazard industries and the offshore oil and gas reconsideration in each of the last five years; [169902] industry. (3) how many claimants of jobseeker’s allowance in The protection afforded by health and safety at work (a) Jarrow constituency, (b) South Tyneside, (c) the legislation to workers employed both onshore and offshore North East and (d) the UK who have disputed the applies regardless of their employment arrangements. sanction of their benefit have had their sanction overturned following appeal in each of the last five years. [169903] HSE routinely checks that employers in major hazards sector have in place systems to ensure the competence Esther McVey: The information requested for (a) of employees to ensure that they are appropriately Jarrow constituency, (b) South Tyneside, (c) the North skilled, and understand the risks of their work and the East and (d) Great Britain is shown in the following control measures necessary to prevent a major accident. table:

Number1 of jobseeker’s allowance (JSA) claimants who had the original decision to apply a sanction overturned upon reconsideration or appeal by area, referral action2 and year of decision3, Great Britain: 1 January 2008 to 31 May 2012

Year of decision3

Area Referral action2 2008 2009 2010 2011 2012

Great Britain Total—Overturned 27,350 30,980 64,690 82,060 34,510

Reconsidered—Overturned 26,310 30,130 62,980 79,230 33,280

Appealed—Overturned 1,190 1,010 2,130 4,000 1,490

North East Jobcentre Plus Group4 Total—Overturned 5,470 5,430 10,550 14,330 5,870

Reconsidered—Overturned 5,430 5,390 10,380 13,800 5,600

Appealed—Overturned 60 50 200 830 310

South Tyneside local authority5 Total—Overturned 170 150 270 330 140

Reconsidered—Overturned 170 150 270 320 140

Appealed—Overturned — — 10 10 —

Jarrow parliamentary constituency Total—Overturned 90 80 150 190 60 493W Written Answers14 OCTOBER 2013 Written Answers 494W

Number1 of jobseeker’s allowance (JSA) claimants who had the original decision to apply a sanction overturned upon reconsideration or appeal by area, referral action2 and year of decision3, Great Britain: 1 January 2008 to 31 May 2012 Year of decision3 Area Referral action2 2008 2009 2010 2011 2012

Reconsidered—Overturned 80 70 140 190 60 Appealed—Overturned ———10— 1 Figures are rounded to the nearest 10. Totals will count individuals who have had both a sanction overturned upon reconsideration and also upon appeal once and therefore may not sum. Figures will also include individuals who have a sanction overturned in more than one year, e.g. if an individual has had a sanction overturned in 2008 and also in 2012 then they will appear twice. ″—″ denotes nil or negligible. 2 Referral action: The number of sanctions applied is the number of Varied7, Fixed Length8 and Entitlement Decision9 referrals where the decision was found against the claimant. The decision to apply a sanction can be overturned following reconsideration or appeal. 3 Year of Decision: The year in which the decision on the sanction referral, reconsideration or appeal was made. The year 2012 only includes data up to and including 31 May, which are the latest data available for all geographical areas. 4 Jobcentre Plus Group: Formerly known as Jobcentre Plus Regions. Jobcentre Plus Groups were updated to reflect changes to the hierarchical structure of Jobcentre Plus implemented on 5 April 2011 from 11 regions to seven groups. 5 Local Authority: On 1 April 2009 structural changes to the local authorities of England took effect. Changes are reflected from April 2009 in this table. 6 Parliamentary Constituency: Parliamentary constituencies are assigned by matching postcodes against the relevant postcode directory. Boundariesareasatthe reference date. More information and a map can be found at: http://www.ons.gov.uk/ons/guide-method/geography/beginner-s-guide/maps/index.html 7 Varied Length sanctions: A sanction of between one week and 26 weeks is imposed for leaving employment voluntarily without just cause, refusing employment without good cause, or losing employment through misconduct. The actual period in each case is at the discretion of the Adjudication Officer who makes the decision. 8 Fixed Length sanctions: A sanction of between one week and 26 weeks is imposed for refusal, without good cause, to attend an employment programme or carry out a Jobseeker’s Direction. Payment of benefit continues in full pending the Adjudication Officer’s decision on a sanction question. 9 Entitlement Decisions: These are questions on which entitlement to JSA depends. For example, if there is doubt around whether the Jobseeker’s agreement (JSAg) is suitable, whether they are actively looking for work or making themselves available for work. In most cases payment of JSA will be suspended by benefit processing until the doubt is resolved. Source: DWP Information, Governance and Security Directorate: JSA Sanctions and Disallowance Decisions Statistics Database

Means-tested Benefits Andrew Stephenson: To ask the Secretary of State for Work and Pensions what assessment he has made of Mr Frank Field: To ask the Secretary of State for the risks of pricing to the cap should a cap on charges Work and Pensions what recent estimate his by pension management companies be introduced. Department has made of the rate of non-take up of [170014] means-tested benefits. [169807] Steve Webb: We will be publishing a consultation this Esther McVey: On 23 February 2012 the Department autumn that examines a range of proposals on charges, for Work and Pensions published the latest estimates of including for a cap on pension charges as a means to the take-up of the main income-related benefits in protect individuals and employers from excessive charges. Great Britain: income support and employment and The consultation will also cover possible implications of support allowance (income-related), pension credit, housing the proposals. During the consultation phase we will benefit, council tax benefit and jobseeker’s allowance welcome views and evidence from stakeholders on these (income-based). The publication provides estimates for and other issues. 2009-10. The full report can be found at: https://www.gov.uk/government/publications/income-related- benefits-estimates-of-take-up Pensions: Homosexuality Pensions Alison McGovern: To ask the Secretary of State for Andrew Stephenson: To ask the Secretary of State for Work and Pensions what assessment she has made of Work and Pensions what assessment he has made of the number of individuals likely to be affected by a the total cost to pension holders of charges levied by move to provide pension equality for same sex couples; pension management companies. [170013] and what assessment she has made of the cost of such amove. [170500] Steve Webb: The Making Automatic Enrolment Work Review, set up by the current Government, found that Steve Webb: During the passage of the Marriage charges levied on pensions can have a significant impact (Same Sex Couples) Act 2013 the Government committed on lifetime savings. The report found that a median to undertake a review of survivor benefits in occupational earner with a full savings history who pays a 0.5% AMC pension schemes. This will investigate the differences in would lose 9% of their total fund value. By contrast, at treatment between same sex and opposite sex survivor the stakeholder charge cap they would lose over 20% of benefits in occupational pensions. their total fund value. Part of the review will be to collect data on the We will be publishing a consultation this autumn that number of scheme members affected by the differences examines a range of proposals on charges, including for in treatment and use this to investigate what the costs a cap on pension charges as a means to protect individuals and other effects would be of the elimination of these and employers from excessive charges. As part of this differences by the equalisation of survivor benefits. consultation, the Government will set out its assessment of the costs to pension holders of the charges levied by The Government will publish a report on the outcome pension companies. of the review before 1 July 2014. 495W Written Answers14 OCTOBER 2013 Written Answers 496W

Private Rented Housing: Rents number of UK job vacancies filled by non-UK EU applicants through the First Eures Job job mobility Mr Laurence Robertson: To ask the Secretary of scheme in the last year for which figures are available. State for Work and Pensions if he will introduce a [170563] scheme whereby rents can be paid on behalf of tenants directly to landlords; and if he will make a statement. Esther McVey: The European Commission began [170691] data collection on the country of origin and destination of participants in the Your First EURES Job job mobility Esther McVey: We expect most universal credit claimants scheme in January 2013. During the first and second to take financial responsibility for paying their own quarter of 2013, 61 people were placed in employment household bills on time. This will help prepare claimants in the UK through pilot projects operating from other for the world of work and improve financial inclusion. EU member states. The UK Government is not participating in the scheme. We will give extra help to those who need it, including appropriate budgeting tools and money advice. Redundancy We will provide alternative payment arrangements for the minority who genuinely cannot manage the Jackie Doyle-Price: To ask the Secretary of State for standard monthly payments. Where there is a risk of Work and Pensions how many staff were made redundant financial harm to the claimant or their family, we will from non-departmental public bodies accountable to look at managed payments of rent to the landlord, his Department in (a) 2010-11, (b) 2011-12 and (c) making more frequent payments or splitting the payment 2012-13; and how many redundancy payments were within the household. made in lieu of notice. [170359]

Recruitment: EU Nationals Mike Penning: The following information includes compensation paid through the use of voluntary exit, Mr Hollobone: To ask the Secretary of State for voluntary redundancy and compulsory redundancy Work and Pensions what estimate he has made of the schemes.

Number of staff leaving through voluntary exits, voluntary redundancies and compulsory redundancies Number of redundancy payments made in lieu of notice

2010-11 249 238 2011-12 41 16 2012-13 31

Jackie Doyle-Price: To ask the Secretary of State for Mike Penning: I have provided the information requested, Work and Pensions how many staff in his Department which includes compensation paid through the use of were made redundant in (a) 2010-11, (b) 2011-12 and voluntary release, voluntary exit, voluntary redundancy (c) 2012-13; and how many such staff received and compulsory redundancy schemes. payments in lieu of notice. [170379]

Of which: Compensation Financial year Voluntary release Voluntary exit Voluntary redundancy Compulsory redundancy in lieu of notice paid

2010-11 1524 — — — 0 2011-12 — 1,427 8 2 90 2012-13 — 275 220 17 15 1 For the period 2010-11 under the Civil Service Compensation Scheme in place at the time, the Department offered voluntary releases. The numbers provided for 2010-11 reflect this position.

Social Security Benefits borough of Brent have had their benefits reduced as a result of the household benefit cap. [170493] Alison McGovern: To ask the Secretary of State for Work and Pensions how much (a) income support, Esther McVey: With the exception of the four phased (b) housing benefit, (c) employment and support area local authorities, Official Statistics on how many allowance and (d) jobseeker’s allowance was paid late households in each local authority have had their benefits due to administrative error by his Department in each reduced as a result of the household benefit cap are not of the last 12 months. [169763] currently available. They are intended for future publication later this year in line with the Code of Practice on Esther McVey: The information requested is not available Official Statistics. our Management Information systems do not capture data in this way. Social Security Benefits: Medical Records Social Security Benefits: Brent Caroline Lucas: To ask the Secretary of State for Sarah Teather: To ask the Secretary of State for Work Work and Pensions what assessment his Department and Pensions how many households in the London made of (a) the medical purpose and (b) the potential 497W Written Answers14 OCTOBER 2013 Written Answers 498W effect on people’s willingness to be honest with their Stephen Timms: To ask the Secretary of State for doctors about addiction problems of the application Work and Pensions on what date he expects the made by his Department to access drug treatment data universal credit portal to be able to accept all new of NHS patients in order to link it to information applications for working age benefits. [170551] about employment and benefits claims; and if he will make a statement. [169740] Esther McVey: I refer the right hon. Member to the answer the Minister of State, Department for Work and Esther McVey: In December 2012, an application Pensions, my hon. Friend the Member for Fareham (Mr from the Department for Work and Pensions went Hoban) provided to the right hon. Member for Edinburgh before the Department of Health’s Ethics Committee, South West (Mr Darling), on 9 September 2013, Official seeking approval to allow the National Treatment Agency Report, column 611W. (now part of Public Health England) to share data with the Department. Stephen Timms: To ask the Secretary of State for The purpose of this application was to enable analysis Work and Pensions with reference to the National to provide the Department with a better understanding, Audit Office Report, Universal Credit: early progress, at a population level, of the impact of drug dependency HC 621, paragraph 2.5, how many of the 99 on employment prospects and engagement with the recommendations made by the reset team for universal labour market, as well as the role that employment credit have been implemented; and if he will make a plays in recovery. statement. [170644] The analysis would have involved linking information from the Department for Work and Pensions, Her Majesty’s Esther McVey: All of the recommendations made by Revenue and Customs, and Public Health England. the reset team are being considered or implemented. Once matched, the data would have been anonymised, Many span the delivery of the Universal Credit Programme and appropriate information security protocols and over a long period and as such, though significant safeguards would have been in place to prevent the data progress has already been made, will not be considered being used for any other purpose. fully implemented for some time. The application made by the Department to allow Public Health England to share data with DWP was Stephen Timms: To ask the Secretary of State for turned down by the Ethics Committee. The Department Work and Pensions what proportion of universal credit has not appealed that decision, nor lodged a follow-up claimants in the pathfinders to date have made their application. While the Department believes that there claims online. [170645] would have been much to be gained from undertaking the planned analysis to understand the needs of this client group, the Ethics Committee considered that the Esther McVey: I refer the right hon. Member to the individual medical benefit likely to stem from the sharing reply the Minister of State, Department for Work and of information on any individual was not sufficiently Pensions, my hon. Friend the Member for Fareham demonstrated. It is likely to be the case that if there are (Mr Hoban) provided to the hon. Member for Wansbeck indirect medical benefits realised, it may be in respect of (Ian Lavery) on 2 September 2013, Official Report, future cohorts of people in treatment, rather than column 251W. individuals whose data was used to inform the analysis. Stephen Timms: To ask the Secretary of State for Universal Credit Work and Pensions what steps he is taking to deal with fraud and error in universal credit claims prior to full functionality of the IT system. [170646] Stephen Timms: To ask the Secretary of State for Work and Pensions how many staff in his Department, other than those employed at pathfinder jobcentres, are Steve Webb: The Department is ensuring that it is in a currently involved in processing universal credit position to deliver robust protection against the wide applications. [170549] range of threats that universal credit may face at each stage of roll out, working closely with other Government Departments to achieve this. Enhanced security controls Esther McVey: At the end of September 2013 there are being progressively developed enabling the Department were just over 100 staff delivering universal credit in the to refine them ahead of full functionality of the IT Pathfinder Service Centres. system. All new universal credit claims delivered though the Stephen Timms: To ask the Secretary of State for pathfinder are verified through documentation provided Work and Pensions what recent estimate he has made by claimants. There is further scrutiny of claims using a of the number of people who will be in receipt of rule-based data matching service built on existing technology universal credit by April 2014. [170550] that directs the requirement for any additional documentary evidence or specialist attention where indicated. This is Esther McVey: I refer the right hon. Member to the in addition to the face to face identity verification reply the Minister of State, Department for Work and process that takes place routinely. Once in payment all Pensions, my hon. Friend the Member for Fareham claims are regularly checked for the potential for heightened (Mr Hoban) provided to the hon. Member for Wansbeck risk based on unreported changes and new information (Ian Lavery), on 2 September 2013, Official Report, being available, and referred for specialist intervention column 251W. where required. 499W Written Answers14 OCTOBER 2013 Written Answers 500W

Mr Laurence Robertson: To ask the Secretary of Work Capability Assessment State for Work and Pensions what recent assessment he has made of the likely effect of the introduction of Mr Sheerman: To ask the Secretary of State for Work Universal Credit on the timely payments of rents by and Pensions what steps his Department is taking to tenants to landlords; and if he will make a statement. ensure that blind and partially sighted people are [170690] adequately assessed in work capability assessments. [170230] Steve Webb: The Direct Payment Demonstration projects have and continue to provide much valuable live learning Mike Penning: The work capability assessment (WCA) about how best to design that aspect of universal credit is based on an individual’s functional ability, not the so that it has the least impact on both tenants and condition itself. landlords. We are committed to ensuring that the WCA assesses To date, the learning has had a direct influence on the people, including blind and partially sighted people, as design for universal credit in the areas of Personal fairly and accurately as possible. Budgeting Support, the Alternative Payment Arrangements As part of Professor Harrington’s third independent and the rent arrears trigger. review he considered whether changes were needed to The latest figures from the first nine months of the the sensory descriptors used in the WCA. He asked projects showed: several charities, including RNIB, to produce evidence the rent collection rate across projects was between 91% and that the sensory descriptors needed to change. As his 97%; and review reports, the material submitted failed to provide the average rent collection rate was 94%. any evidence that blind and partially sighted people are not being unfairly assessed by the current WCA. A further update will be made available during the autumn. Since that point, the Department has been working with the Royal College of Ophthalmologists to update the guidance and training material used by Atos healthcare Welfare State: Northern Ireland professionals and DWP Decision Makers.

Ms Ritchie: To ask the Secretary of State for Work Stephen Timms: To ask the Secretary of State for and Pensions what recent discussions he has had with Work and Pensions what plans he has to publish updates the Minister for Social Development in the Northern of the data contained in his Department’s publication, Ireland Executive on the effects of the implementation Employment and Support Allowance—Incapacity Benefits of welfare reform in Northern Ireland. [170402] Reassessments: Outcomes of Work Capability Assessments, Great Britain, published in March 2012, broken down Esther McVey: The Minister for Welfare Reform by geographical area. [170552] regularly meets with the Minister for Social Development Mike Penning: Since 30 April 2013 the publication of Northern Ireland to discuss a range of issues including Employment and Support: outcomes of Work Capability welfare reform implementation and they will continue Assessment was combined with Employment and Support to engage on such matters. Allowance: incapacity benefits reassessment. Both publications are released each quarter (January, April, Winter Fuel Payments: Wales July and October), but as one publication. The next release date is 22 October 2013 as announced Ian Lucas: To ask the Secretary of State for Work on the Publication Hub at: and Pensions how many people in (a) Wrexham and http://www.statistics.gov.uk/hub/index.html (b) Wales received the winter fuel allowance in each of and gov.uk at: the last five years. [170209] https://www.gov.uk/government/organisations/department- for-work-pensions/series/employment-and-support- Steve Webb: The information is in the following table: allowance-outcomes-of-work-capability-assessment

Number 2008-09 2009-10 2010-11 2011-12 2012-13 JUSTICE Wrexham 14,710 15,110 15,220 15,120 15,140 parliamentary Absenteeism constituency Wales 680,780 694,200 699,420 693,220 690,280 Michael Dugher: To ask the Secretary of State for Notes: Justice what the rates of staff (a) absence and (b) 1. Figures are rounded to the nearest 10. sickness absence in his Department in each of the past 2. This table recognises the May 2010 structural changes to the parliamentary constituencies of England and Wales. These are assigned five years were; and what the departmental targets were by matching postcodes against the relevant ONS postcode directory. in each case. [168739] 3. Reductions in the overall numbers from 2011-12 are primarily due to the qualifying age for WFP increasing in line with the increase in Mr Vara: The Ministry of Justice does not have a women’s state pension age. formal departmental target for staff absence but reviews 4. Figures from 2009-10 to 2012-13 are available at: absence levels at regular intervals in line with practice https://www.gov.uk/government/organisations/department-for-work- across the civil service and keeps progress in reducing pensions/series/winter-fuel-payments-caseload-and-household- figures absence under close scrutiny. Improving attendance is a Source: high priority across the Ministry. The Department’s Information Governance and Security Directorate, DWP. managing attendance policies and procedures provide a 501W Written Answers14 OCTOBER 2013 Written Answers 502W simple, clear and consistent framework for managing The following table sets out the rate of average number attendance and allow managers to help employees achieve of working days lost (AWDL) due to sickness across the improved attendance at work. whole of the Ministry of Justice in each of the last Overall absence rates are not calculated by the financial years. Department. Therefore to provide such information in each of the last five financial years would incur a disproportionate cost.

AWDL per person Departments included

April 2008 to March 2009 9.8 MOJ HQ, HMCS, Tribunals, NOMS, PGO, Scotland Office, Wales Office April 2009 to March 2010 10.0 MOJ HQ, HMCS, Tribunals, NOMS, OPG, UKSC April 2010 to March 2011 9.2 MOJ HQ, HMCS, Tribunals, NOMS, OPG, UKSC, Scotland Office, Wales Office April 2011 to March 2012 9.3 MOJ HQ, HMCTS, NOMS, OPG, UKSC April 2012 to March 2013 9.9 MOJ HQ, HMCTS, NOMS, OPG

Community Orders to manually count and check the numbers which would be possible only at disproportionate costs. Upon the Steve McCabe: To ask the Secretary of State for granting of a liability order the local council takes Justice pursuant to the answer of 5 September 2013, responsibility for the production of those orders. Official Report, columns 512-3W,on community orders, how many convictions which led to a community order Courts: Operating Costs saw the individual complete their order in full in each year since 2010. [169926] Sadiq Khan: To ask the Secretary of State for Justice what the average cost was (a) per case heard and (b) Jeremy Wright: Information on termination of per day in a (i) magistrates’ court and (b) Crown court community orders and the reason for termination, e.g. in each year since 2005-06. [166028] ran their full course is published routinely in the ‘Offender Management Statistics Quarterly—Annual Tables’, The Mr Vara: The information is as follows. requested information can be found within table A4.23 (a) The average costs of hearings in magistrates of the Probation Tables 2012, available at: courts and disposals and orders made in Crown courts https://www.gov.uk/government/uploads/system/uploads/ are as follows: attachment_data/file/194275/omsq-annual-tables-2012.zip The annual trend has shown increasing numbers of £ community orders completed successfully. Crown court Magistrates courts Coroners 2005-06 1,639 n/a 2006-07 1,594 n/a Tom Blenkinsop: To ask the Secretary of State for 2007-08 1,519 154 Justice how many coroners are above the judicial 2008-09 1,492 169 retirement age; and what estimate he has made of the 2009-10 1,488 174 average age of such coroners. [170248] 2010-11 1,441 168 2011-12 1,466 164 Mr Vara: Neither the Ministry of Justice nor the 2012-13 1,548 154 chief coroner’s office holds this information but the The average costs have been derived by dividing the figure is believed to be very small. direct costs incurred by the courts in a financial year by The reforms introduced in July of this year under the the number of hearings reported by the HMCTS Coroners and Justice Act 2009 set the coroner retirement performance database for the financial year in the case age at 70, bringing it into line with that for other judicial of magistrates courts and the numbers of disposals and office holders, but this is only for new coronial appointments. orders made in the financial year in the case of the Crown court. Council Tax: Non-payment Direct costs in this instance means those costs recorded against cost centres classified as part of the Crown Hilary Benn: To ask the Secretary of State for Justice court or magistrates court jurisdiction, plus allocated how many summonses were issued for non-payment of judicial costs incurred centrally. Non-cash depreciation council tax in each of the last five years; and how many expenses have been excluded. such summonses resulted in a hearing in which the defendant was present. [170313] While the total direct cost of the Crown court jurisdiction fell from £227 million to £216 million in 2012-13, there Mr Vara: Council tax cases are not always listed and was a greater percentage decrease in the number of resulted individually as local councils issue multiple disposals and orders made, leading to the increase in cases that are heard at a single hearing. HMCTS cannot, cost per case shown. therefore, tell how many people they relate to, or how Since 2007-08 magistrates courts proceedings data many defendants attended. The only way we may be recorded by HMCTS are not directly comparable with able to obtain this data would be to ask each area/court the data previously recorded by the Office of Criminal 503W Written Answers14 OCTOBER 2013 Written Answers 504W

Justice Reform. As a result it is not possible to provide comparable average magistrates courts costs per case for 2005-06 and 2006-07. (b) Since 2011-12 the staff and judicial cost per sitting day in the magistrates and Crown courts have been published in the HMCTS Annual Report and Accounts:

2011-12 2012-13 Judicial/Staff Cost (£) Judicial/Staff Cost (£)

Magistrates court Judicial 110 Judicial 129 Staff 1,094 Staff 1,071

Crown court Judicial 992 Judicial 987 Staff 665 Staff 616

Staff and judicial expenditure is based on jurisdictional Crown Prosecution Service analysis. Expenditure includes apportioned costs from regional and central teams. Judicial costs met centrally Lady Hermon: To ask the Secretary of State for through the consolidated fund are apportioned based Justice whether the Director of Public Prosecutions is on sitting days. Costs are divided by the actual days sat obliged to publish details of meetings in the same in each jurisdiction to derive a cost per sitting day. manner as Ministers publish ministerial diaries; and if Between 2009-10 and 2011-12 a different approach to he will make a statement. [170640] costing sitting days was used, based on judicial, administration and court costs incurred directly by the The Solicitor-General: I have been asked to reply. courts, excluding overheads and depreciation. These For the purposes of the publication of transparency were reported in response to your previous question data, the Director of Public Prosecutions is regarded as (91551) in January 2012. a Permanent Secretary and in accordance with Cabinet Courts average cost per hearing day are as follows: Office guidelines must, like all Permanent Secretaries, publish details of meetings. These data are published on £ a quarterly basis and can be found on the CPS website 2009-10 2010-11 as well as data.gov.uk. (a) Magistrates court 1,341 1,323 (b) Crown court 2,043 2,021 Employment and Support Allowance: Appeals

Prior to financial year 2009-10, financial systems did Julian Sturdy: To ask the Secretary of State for not support the jurisdictional analyses that are the basis Justice what steps he is taking to reduce waiting times of current costings. It is therefore not possible to provide for employment and support allowance appeals. meaningful comparatives for the average cost per hearing [169741] day for earlier years. Mr Vara: The First-tier Tribunal—Social Security Courts: Security and Child Support (SSCS), administered by HM Courts & Tribunals Service (HMCTS), hears appeals against Chris Leslie: To ask the Secretary of State for Justice Department for Work and Pensions’ (DWP) decisions what budget was allocated for (a) Crown court security on a range of benefits, including employment and support and (b) magistrates’ court security across England in allowance (ESA). each year since 2008; and if he will make a statement. The total number of appeals received by the SSCS [170032] tribunal nationally has risen significantly: from 339,200 in 2009-10 to 507,100 in 2012-13 (an increase of 49%). Mr Vara: HMCTS does not budget separately for The number of ESA appeals received has risen from security costs as these are captured within wider estates 126,838 in 2009-10 to 327,961 in 2012-13 (an increase of headings. However, actual expenditure on security in 159%).HMCTS has responded strongly at a national courts in England and Wales in each year since 2008 is level to continue to increase the capacity of the SSCS as follows: tribunal and reduce waiting times. Measures in place include ongoing recruitment of additional judges and £ million medically qualified members and the review and continuous Crown court Magistrates court improvement of administrative processes both internally 2008-09 6.1 18.5 and between HMCTS and DWP. This is in addition to 2009-10 6.7 19 local initiatives, such as identifying additional hearing 2010-11 6.8 18.9 venues across HMCTS estate, and increasing the use of 2011-12 7 17 Saturday sessions. All of this is having a positive effect. The total number of disposals (which includes appeals 2012-13 6.5 14.7 disposed of at a tribunal hearing as well as those struck 505W Written Answers14 OCTOBER 2013 Written Answers 506W out, superseded or withdrawn) has increased significantly The custody rate for those convicted of possession of from 279,000 in 2009-10 to 465,500 in 2012-13 (an a knife with at least one previous knife possession increase of 66%). ESA disposals have increased from offence is 45%. In general custody rates have been 70,535 in 2009-10 to 204,321 in 2012-13. increasing for possession of a knife or offensive weapon, In the first quarter of this year, the tribunal disposed up from 16% in Q1 2008 to 28% in Q1 20131. of 92,810 ESA appeals, compared to 52,300 in the same These figures have been drawn from the police’s quarter last year, an increase of 44%. administrative IT system, the police national computer, The average waiting time for all benefit types has which, as with any large scale recording system, is fallen nationally from 23 weeks in 2011-12 to 18 weeks subject to possible errors with data entry and processing. in 2012-13. This reduction has been sustained in the 1https://www.gov.uk/government/publications/knife-possession- first quarter of 2013-14. sentencing-quarterly-brief-january-to-march-2013 Knives: Crime Legal Opinion Philip Davies: To ask the Secretary of State for Justice what the highest number of previous Priti Patel: To ask the Secretary of State for Justice convictions for possession of a bladed article for an (1) which 50 organisations or persons have received the individual convicted of such an offence without being largest sums of money from the public purse for the sent to prison was in the latest year for which figures provision of legal services in respect of (a) immigration are available; and how many offences that individual and (b) asylum cases in each of the last five years; had committed in total at the point of sentence for this [166138] offence. [165413] (2) how much from the public purse has been provided (a) directly and (b) indirectly through third Jeremy Wright: The Lord Chancellor and Secretary parties to support legal cases related to (i) immigration of State for Justice, my right hon. Friend the Member and (ii) asylum issues in each of the last five years; and for Epsom and Ewell (Chris Grayling), wrote to the how much has been given to each such third party in hon. Member on 30 September to provide the following each such year. [166139] information, and copies were placed in the House Library. The Government believes that those who carry, or Jeremy Wright: At a cost of around £2 billion a year use a knife or offensive weapon to threaten another we have one of the most expensive legal aid systems in person and cause an immediate risk of serious physical the world. We have made changes and proposed further harm to that other person are committing serious offences reforms to reduce the cost of legal aid and to ensure and should be punished accordingly. that the legal aid system commands the confidence of In the Legal Aid, Sentencing and Punishment of the public. The Government is committed to providing Offenders Act 2013, the Government introduced the value for money for the taxpayer and making legal aid new offence of threatening and endangering someone sustainable for the future. We believe costs paid to with a knife in a public place or a school which came lawyers through legal aid should reflect this. into force on 3 December 2012. Legal aid in most immigration cases was removed The Government is already considering whether there from 1 April 2013 under changes brought in by the is a case for further changes to be made to the sentencing Legal Aid, Sentencing and Punishment of Offenders framework for knife possession as part of the knife Act 2012. This will deliver a saving to the public purse sentencing review. We have already made it clear that we of around £20 million per year. Immigration tribunal will be ensuring that cautions cannot be given for knife cases are usually about the facts of a case, and are possession except in exceptional circumstances. Any designed to be user-friendly, so having a lawyer isn’t changes we make to the sentencing framework will be usually necessary. We have also removed legal aid for brought forward in due course. certain immigration judicial reviews. The majority of The highest number of previous convictions for Immigration and Asylum advice remaining in scope possession of a knife by an offender who was convicted relates to asylum cases, where the person fears for their of a knife possession offence and not sentenced to life if sent home. custody is 15, for offences committed 12 months ending Prior to this, the total expenditure under legal aid for March 2013, England and Wales. The same offender Immigration and Asylum matters had reduced since had a total of 25 convictions for all offences at that 2010 (see Table 1 as follows), partly due to the introduction point and had received custodial sentences for some of of fixed fees, but also due to a general decrease in the the previous convictions mentioned. number of individuals claiming asylum in the UK.

Table 1—Total expenditure The total expenditure under legal aid in relation to Immigration and Asylum, between 2008-09 and 2012-13 £ Financial year Immigration and Asylum 2008-09 2009-10 2010-11 2011-12 2012-13

Claim value for Controlled Work 22,272,000 24,289,360 23,661,000 15,314,000 11,510,830 (Immigration) Claim value for Controlled Work 47,003,000 55,322,170 51,024,000 39,390,000 34,084,000 (Asylum) 507W Written Answers14 OCTOBER 2013 Written Answers 508W

Table 1—Total expenditure The total expenditure under legal aid in relation to Immigration and Asylum, between 2008-09 and 2012-13 £ Financial year Immigration and Asylum 2008-09 2009-10 2010-11 2011-12 2012-13

Claim value for Licensed Work 5,202,610 4,387,430 5,210,990 4,963,690 4,631,360 (Immigration and Asylum)

The peak in the value of claims in 2009-10 occurred Under both Controlled Work and Licensed Work, at a point where the UK Borders Agency were concluding payments are made directly to contract holding many cases which had formed part of their case resolution organisations. Those organisations may also then make ″legacy″ cohort. This led to providers being able to payments to third parties (such as experts and interpreters) report costs on cases which had been open for a significant in the form of disbursements. The details of the individual period, and therefore led to an increase in the value of disbursements are not generally held by the LAA but claims in that period. are retained on the provider’s file. We are therefore 1. Availability of information: unable to provide a breakdown of the amounts paid to individual third parties. In response to both questions, the Legal Aid Agency (LAA) is able to provide elements of the information Table 5 as follows details the total claims made in requested, however, due to the methods used to report each financial year under Controlled Work, separated claims for costs to the LAA, it is unable to provide all of into both Asylum and Immigration. The total value of the information. the disbursements claimed by organisations as part of those total claims has also been given. The LAA does not provide payment directly to Table 5 individuals seeking legal advice; however, it does provide £ payment to organisations holding contracts to provide Total claim values Total disbursements claimed legal advice to such eligible individuals. Financial This funding consists of two levels—Controlled Work year Asylum Immigration Asylum Immigration (this includes initial advice and funding for certain 2008-09 46,766,521 22,050,990 9,746,722 1,994,810 types of appeal) and Licensed Work (appeals to a 2009-10 55,057,957 24,167,548 11,413,793 2,266,821 higher court and applications for Judicial Review). In 2010-11 50,950,334 23,735,115 10,370,876 2,440,982 responding to both questions the data provided has 2011-12 39,183,376 15,251,550 8,560,657 1,788,019 been split between the two levels of funding. 2012-13 34,095,091 11,529,640 8,124,338 1,730,579 The information that we are able to provide in response to the two questions differs between these two levels of Table 6 as follows details the total value of payments funding. made directly to organisations under Licensed Work in each of the last five financial years. Similarly to the Providers receive payment for Controlled Work through previous question, the LAA is unable to separate between a Standard or Variable Monthly Payment; this is reconciled Asylum and Immigration cases for this level of funding. against the value of claims made for cases up to that The table also includes the total value of payments point. This monthly payment is not separated between made to organisations for disbursements, which would Immigration and Asylum, therefore in order to provide have formed part of the total payments made to the a response to your questions we have provided the Top organisations. 50 organisations in each year based on the value of the claims made by provider, rather than the amounts actually Table 6 paid. £ Financial Total payments to While the LAA is able to distinguish between claims year organisations Total disbursements paid in relation to Immigration advice and those concerning Asylum at the Controlled Work level, it does not hold 2008-09 3,824,845 452,934 data which allows it to do so for Licensed Work. Therefore 2009-10 4,188,628 634,674 for Licensed Work, the Top 50 across Immigration and 2010-11 3,814,628 794,765 Asylum combined has been provided. 2011-12 4,488,816 585,726 2012-13 3,548,881 555,420 2. Response to question 166138: In response to question 166138, the LAA has provided Table 7 details the total value of payments made a series of tables which set out the information available. directly to barristers under Licensed Work in each of I have placed copies of these tables in the House Library. the last five years. The data cannot be separated between Asylum and Immigration. 3. Response to question 166139: Table 7 In response to question 166139, the data has again Financial been split between Controlled Work and Licensed Work, year Number of barristers Total paid (£) with a further split between Asylum and Immigration 2008-09 365 3,782,686 claims only possible in relation to Controlled Work. 2009-10 333 3,717,849 The data in relation to Controlled Work has again been 2010-11 307 3,695,746 limited to values claimed rather than amounts paid, 2011-12 308 3,534,862 where as for Licensed Work the actual payments have 2012-13 309 4,317,240 been provided. 509W Written Answers14 OCTOBER 2013 Written Answers 510W

Magistrates’ Courts volunteer to attend and there will be no adverse impact on the number of magistrates required. We are unable Nick de Bois: To ask the Secretary of State for Justice to provide attendance details of volunteer victim support how many hearings before magistrates’ courts in (a) officers since HMCTS does not collect that information. London and (b) England have been postponed because (2) If the proposed listing pattern is implemented, the of a failure to notify witnesses of their requirement to long-term viability of Dudley magistrates courthouse attend on the due date in each of the last five years. would be; following consultation with judiciary, stakeholders [170319] and court users, to use the courthouse to accommodate family, civil and tribunals (CFT) hearings. In contrast Mr Vara: We are overhauling the Criminal Justice to the decreasing criminal work load, the CFT work System to make the court process swifter and more load is increasing and there is a requirement for additional efficient and recently launched our ‘CJS Strategy and court estates to accommodate this rise. This would Action Plan’ which includes steps to address the number provide court users with local services which at present of cracked and ineffective trials including increasing are only available in Wolverhampton and Walsall. HMCTS digital working and improved case management of files. does keep its estates under constant review to ensure The number of trial hearings in England and Wales that it meets operational needs. The proposals in the which are considered ineffective due to ‘prosecution/defence consultation are designed to make better use of our witness absent’ is published as part of the National estate and the judicial resources available in the black Statistics publication ‘Court Statistics Quarterly’. country to improve the service we provide to all court However, we are unable to centrally identify which of users. We can confirm that there are no plans to close these ineffective hearings were due specifically to ‘failure Dudley courthouse. to notify witness of their requirement to attend’. The information may be available via the manual inspection (3) There are no plans to make any staff redundant. of case files but this would be possible only at a In the eventuality that staff are required to undertake disproportionate cost. duties in neighbouring courts, HMCTS will undertake and comply with all statutory consultation procedures. Magistrates Courts: Dudley It is proposed that Dudley courthouse will accommodate civil, family and tribunal hearings which will require Ian Austin: To ask the Secretary of State for Justice staff resources thus reducing, possibly eliminating the (1) what estimate he has made of the number of people need to ask staff to travel to neighbouring centres. living in Dudley that volunteer at Dudley magistrates court; [170124] (4) The consultation has been managed by a group of senior magistrates and senior managers within HMCTS (2) what assessment he has made of the long-term all of whom work in the west midlands, the black viability of Dudley magistrates court if the HM Courts country and Warwickshire. There has been a lot of and Tribunals Service’s preferred proposal for a new pre-consultation, inter-agency engagement with court listing pattern for the newly formed Black Country users, police, CPS, GeoAmey, Victim and Witness Delivery Local Justice Area goes ahead; [170125] Group, prisons, DVLA and local solicitors to ensure (3) what estimate he has made of the number of staff that the needs of all linked agencies are considered. that would be (a) moved or (b) made redundant as a There have also been three consultation meetings with result of the HM Courts and Tribunals Service’s preferred HMCTS staff, police, probation, CPS, magistrates and proposal for a new listing pattern for the newly formed judiciary to assess the listing proposals. In addition to Black Country Local Justice Area; [170126] this, the project group has held individual meetings with (4) what discussions he has had with individuals and GeoAmey, probation, police and youth offending, witness organisations regarding plans to introduce a listing service and the Legal Aid Agency to ensure that all pattern for the newly formed Black Country Local stakeholders have been involved and any challenges Justice Area; [170127] faced addressed prior to consultation. A copy of the (5) whether travel times listed in the HM Courts and consultation paper has been distributed to in excess of Tribunals Service’s proposals for a listing pattern for 70 separate bodies; responses to be received by 21 October the newly formed Black Country Local Justice Area 2013. All parties/agencies will be involved in final implementation discussions. take account of traffic; [170128] (6) what estimate he has made of the number of (5) The average travel times included in the consultation visits made to Dudley magistrates court by (a) victims paper do not include potential traffic delays. Travel by of crime, (b) witnesses and (c) court volunteers in private vehicle was sourced by the Green Flag route each of the last three years; [170129] planner website and the public transport calculations (7) what measures his Department has taken to were sourced using the appropriate websites for each ensure that Dudley magistrates court is able to clear its travel mode entering required ‘to arrive at 9.30 am’ at backlog of cases. [170130] each court centre as the end parameter.

Mr Vara: The information is as follows: (6) HMCTS does not collate data on the number of visits made by victims and witnesses at court centres. (1) HMCTS currently has 105 magistrates (volunteers) We have checked with the central performance team that sit at Dudley magistrates court and live in Dudley. who have clarified that this data is not captured. All of these magistrates have been involved in pre- Furthermore it is not captured locally or on the magistrates consultation meetings and all have had a copy of the libra system. We do, however, collate data on magistrates consultation document to consider. HMCTS will continue (volunteers) attendances which are as follows: to offer sittings on dates and at centres where they 511W Written Answers14 OCTOBER 2013 Written Answers 512W

In 2010—2,355 days per calendar year, 2011—1,610 Probation Trusts days per calendar year and 2012—1,441 days per calendar year. The video link equipment on site at Dudley will Sadiq Khan: To ask the Secretary of State for Justice still be available for use by witnesses when required. how much is spent each year on probation trust (7) If the preferred listing practices are implemented, building; which companies provide such premises; and local management will provide additional sitting days when the contract governing the occupancy of such for Dudley to eliminate any backlog. No outstanding building is next due for renewal. [170384] cases will be transferred to neighbouring court buildings. Jeremy Wright: The MOJ spent £94.7 million on the probation estate in respect of rents, rates, services charges, Personal Injury: Compensation utilities, facilities maintenance and depreciation in 2012-13 compared to £104.5 million in 2011-12. The probation estate is a combination of freehold and leasehold premises. Mr Buckland: To ask the Secretary of State for The MOJ provides the property to probation trusts to Justice (1) in which month his Department plans to enable them to deliver the service and then, through the publish the response to its consultation on reducing the contract the trusts hold with the National Offender number and costs of whiplash claims; [169784] Management Service, recharges the trust for the majority (2) when his Department plans to publish the of the cost. response to the consultation, Reducing the Number Information in relation to each probation trust building and Costs of Whiplash Claims. [168453] could be provided only at disproportionate cost.

Mr Vara: This Government is committed to reducing Protection from Harassment Act 1997 the number and cost of whiplash claims to help bring down the cost of motor insurance premiums for consumers. Caroline Lucas: To ask the Secretary of State for On 16 May 2013, my hon. Friend the Member for Justice how many probation staff in England and Maidstone and The Weald (Mrs Grant), announced in Wales have been trained in sections 2A and 4A of the a written ministerial statement that the Government Protection from Harassment Act 1997. [169841] would defer its response to the ’Reducing the number and cost of whiplash claims’ consultation until after the Jeremy Wright: Sections 2A and 4A of the Protection Transport Committee had published its own report and from Harassment Act 1997, which were inserted by recommendations in this area. The Committee’s report virtue of section 111 of the Protection of Freedoms Act was published on 31 July 2013. We are considering its 2012, have been included in the curriculum of the recommendations alongside the responses received to Probation Qualification Framework since 2012. the consultation. The Government will publish its response Employment information, including training details, later this year. relating to probation staff is held by the 35 probation trusts. It is not collected centrally and could not be collected without incurring disproportionate cost. Prisons: Uniforms The Home Office is in the process of developing a training package on stalking, to be delivered to professionals Mark Menzies: To ask the Secretary of State for working with offenders. Justice (1) if he will consider the use of stab proof vests by all prison guards; [170111] Salvation Army (2) if he will consider the use of slash and needle-proof gloves by all prison guards. [170112] Mr Bone: To ask the Secretary of State for Justice what the (a) nationality and (b) gender was of each Jeremy Wright: The National Offender Management suspected victim of trafficking referred to the Service (NOMS) has a zero tolerance approach to violence Trafficking Victim Support Scheme operated by the within prisons and takes the safety of prison staff Salvation Army in September 2013; in which (i) region, extremely seriously. Staff must be able to undertake (ii) country and (iii) parliamentary constituency each their duties safely and be, as far as possible, protected of the suspected victims was found; and which agency from attack. referred each person to the scheme. [170485] NOMS is currently assessing the benefits and feasibility of issuing front-line prison staff with covert clothing for Mr Vara: In September 2013 there were 73 referrals routine wear, including vests which offer protection to the Government-funded support service for adult from knife slashing or stabbing. victims of human trafficking in England and Wales administered by The Salvation Army. In the interests of Knife-resistant vests and other protective clothing victim safety only the region in which the victim was are already provided to staff where a particular risk has encountered is provided, and not the county or been identified, including to specialist staff responding parliamentary constituency. Details are provided in the to serious incidents. following table: Slash-resistant and needle-resistant search gloves are currently available for staff use and local risk-assessment Nationality Gender Region Agency type at individual prisons determines how widely they are Albanian Female South East Home Office used. Work is on-going to identify further suitable Albanian Female Yorkshire Home Office products which may benefit prison staff in conducting Albanian Female North West Other routine searches. 513W Written Answers14 OCTOBER 2013 Written Answers 514W

Nationality Gender Region Agency type Nationality Gender Region Agency type

Albanian Female West Midlands Home Office Ugandan Female South Legal Albanian Female South East Local Authority Representative Albanian Female North West Home Office Ugandan Male South East Self Referral Albanian Female Yorkshire NGO Ugandan Female South East Legal Representative Albanian Female North East NGO Ugandan Female South Legal Albanian Female South East Legal Representative Representative Vietnamese Male South East Home Office Albanian Female Yorkshire Home Office Vietnamese Female North West Police Albanian Female South East Legal Representative Vietnamese Female South East Legal Representative Albanian Female South East Home Office Vietnamese Female West Midlands Legal Albanian Female West Midlands Home Office Representative Albanian Female South East Home Office Zimbabwean Female South NGO Albanian Female Yorkshire Home Office Albanian Female Yorkshire Home Office British Female South West Police Satellite Broadcasting British Female South East Police Bulgarian Female South East Police Burkina Faso Female South East Health Services Michael Dugher: To ask the Secretary of State for Cameroonian Female West Midlands NGO Justice (1) what subscriptions his Department has for Chinese Female Wales NGO premium satellite television channels; and what the cost Congolese Female Wales NGO of each such subscription was in the most recent year Gambian Female Yorkshire Home Office for which figures are available; [168649] Hungarian Male South Police Hungarian Male Yorkshire NGO (2) how many flat screen televisions have been Hungarian Male Yorkshire NGO purchased by his Department in the last 24 months; Hungarian Male Yorkshire NGO and what the cost to the public purse was of such purchases. [168757] Hungarian Male Yorkshire NGO Hungarian Female Yorkshire Police Hungarian Male Yorkshire Police Jeremy Wright: In October 2010, the coalition Indian Male South East NGO Government decided to withdraw satellite television Indonesian Female West Midlands Home Office from the prison estate. There was a transition period, Jamaican Female West Midlands NGO and there are now no public sector prisons allowing Kosovan Female South East Police access to subscription TV channels in any part of the Latvian Male South East Police establishment. Latvian Male South East Police As part of changes to the Incentives and Earned Latvian Male South East Police Privileges national policy framework which were announced Lithuanian Male South East Police in April 2013, subscription television services have been Lithuanian Female South Self Referral removed from all contracted out prisons as well. Lithuanian Male West Midlands NGO The provision of services, such as satellite subscriptions, Malawian Female Wales Home Office within judicial lodgings are provided by the lodgings Nigerian Female Wales NGO manager, who is employed by the Ministry of Justice. Nigerian Female South East Local Authority Satellite channel subscriptions for judges’ lodgings have Nigerian Female South East Self Referral now been cancelled with effect from 1 November 2013. Nigerian Female Wales NGO The Ministry of Justice holds the information requested Nigerian Female South East NGO for the most recent full annual period from 2012-13. Nigerian Male South Legal Representative The following premium satellite channel subscriptions Nigerian Female South Self Referral were purchased in the transition period and there are no Philippine Female South East NGO ongoing costs. Polish Male West Midlands Police Spend Polish Male West Midlands Other Satellite channel 2012-13 Polish Female Yorkshire NGO Organisation Location subscriptions (£) Polish Male Yorkshire NGO National Offender HM Prison Sky 3,630.00 Polish Male South NGO Management Warren Hill Romanian Female South East Police Service Romanian Male South East Police National Offender HM Prison Sky 871.20 Management Swansea Slovakian Male Yorkshire Police Service Slovakian Male Yorkshire Police HM Courts and 11 judges’ Sky and Virgin 9,085.00 Slovakian Male South East NGO Tribunal Service lodgings various locations Spanish Male South East Police nationwide Thai Female South East Home Office Thai Female South East Self Referral Total net spend 13,586.20 Turkish Male East Home Office 515W Written Answers14 OCTOBER 2013 Written Answers 516W

HMP Swansea and HMP Warren Hill terminated hon. Member on 30 September to provide the following their subscriptions in May 2012 and December 2012 information, and copies were placed in the House Library. respectively. Channels were not available in cells but The Government is committed to strengthening only in association areas of the establishments. sentences, so that they combine robust punishment with The number (and cost) of flat screen televisions purchased requirements that are effective at preventing further by the Ministry of Justice in the last 24 months is as offending and which provide reparation to victims and follows: communities. Tomake progress in driving down re-offending rates the Government is fundamentally reforming the Number of flat screen TVs system: purchased 2011-13 (FY) Net cost (£) For the first time in recent history, every offender released from custody will receive statutory supervision and rehabilitation in the 714 169,863.43 community. We are putting in place an unprecedented nationwide ’through Flat screen televisions are primarily located in education the prison gate’ resettlement service. departments and staff training rooms. Digital information The market will be opened up to a diverse range of new points are also connected to flat screen televisions. rehabilitation providers. We will introduce new payment incentives for market providers Sentencing to focus relentlessly on reforming offenders. We will create a new public sector National Probation Service, working to protect the public and building on the expertise and Philip Davies: To ask the Secretary of State for professionalism already in place. Justice (1) what the highest number was of previous Table 1 shows the offender who, at the point of convictions or cautions of an offender who did not receiving a sentence other than immediate custody for receive an immediate custodial sentence in each year an indictable offence in each year since 2009, had the since 2009; [165440] highest number of previous convictions or caution recorded (2) how many people convicted of (a) between five against them. The table also includes the number of and nine, (b) between 10 and 14 and (c) 15 or more custodial sentences that individual has previously received. offences did not receive a custodial sentence for any of When a court sentences an offender the courts must those offences in each year since 2009. [165441] treat previous convictions as a potential aggravating factor, however the courts powers are limited to the Jeremy Wright: The Lord Chancellor and Secretary maximum penalty for the latest criminal offence committed. of State for Justice, my right hon. Friend the Member Persistent offenders are likely to receive a number of for Epsom and Ewell (Chris Grayling), wrote to the custodial sentences over their criminal careers.

Table 1: Offender who, at the point of receiving a sentence other than immediate custody for an indictable offence, had the highest number of previous convictions or cautions recorded against them: England and Wales, by year Number previous Sentence Number previous Main previous offence custodial Year of first Latest offence received convictions/cautions types sentences conviction/caution

2009 Shoplifting Fine 576 Shoplifting (232) 181 1959 Drunkenness/disorder (123)1 Harassment (30)1 2010 Fraud—dishonestly make Conditional 396 Obtain property/services 167 1966 false representation discharge by deception (190) Shoplifting (48) Drunkenness/disorder (39)1 Burglary (34) 20112 Failure to surrender to bail Fine 472 Drunkenness/disorder 24 1965 (396)1 Harassment (47)1 Failure to surrender to bail (12) 20122 Failure to surrender to bail Fine 487 Drunkenness/disorder 25 1965 (404)1 Harassment (51)1 Failure to surrender to bail (15) 1 The maximum sentence available for these summary offences is a fine. 2 The same offender appears in the dataibr.2011 and 2012. Source: Police National Computer Extract, Ministry of Justice

Table 2 shows the number of offenders who did not offences in each year since 2009, by the number of times receive any immediate custodial sentences for indictable they were convicted during the year.

Table 2: Number of offenders convicted of offences for which they did not received a custodial sentence, 2009 to 2012 in England and Wales

Number of offenders

Number convictions 2009 2010 2011 2012

Between 5 and 9 590 594 568 594

Between 10 and 14 6 4 8 9 517W Written Answers14 OCTOBER 2013 Written Answers 518W

Table 2: Number of offenders convicted of offences for which they did not received a custodial sentence, 2009 to 2012 in England and Wales Number of offenders Number convictions 2009 2010 2011 2012

15 or more 1 1 — 3 Source: Ministry of Justice

It should also be noted that the vast majority of those (2) how many UK-based (a) pilots, (b) cabin crew offenders receiving 15 or more convictions for indictable have reported to his Department symptoms of offences during each year received at least one immediate neurological damage alleged to have arisen from custodial sentence over this period as shown in table 3. aerotoxic syndrome. [169963] Table 3: Number of offenders who have committed 15 or more offences against the number who received a custodial or non-custodial sentence In each year since Mr Goodwill: The term “aerotoxic syndrome” is not a 2009 in England and Wales medically recognised syndrome and does not define a Number of offenders who received discrete set of symptoms or signs. Non immediate Number of offenders Immediate custody custody The Civil Aviation Authority (CAA) Medical 2009 20 19 1 Department, who lead on aviation medical issues, has 2010 19 18 1 for a number of years maintained a separate record of 2011 31 31 — cases of pilot applicants who reported acute or long-term 2012 33 30 3 symptoms which they considered were linked to exposure to contaminated cabin air. The figures used to answer both of these questions Out of 28 cases, 14 pilots have since returned to flying have been drawn from the police’s administrative IT or were never assessed as unfit, leaving 14 who remain system, the police national computer, which, as with unfit although a number of these individuals are now any large scale recording system, is subject to possible over the normal retirement age. errors with data entry and processing. The figures are therefore provisional and subject to change as more No new cases have been added since June 2012 and information is recorded by the police. we are not aware of any further cases that are currently under review. Stalking: Sentencing No reports have been received from cabin crew. The CAA Medical Department does not oversee the medical Caroline Lucas: To ask the Secretary of State for fitness of cabin crew and any such cases would be Justice whether a course of conduct is taken into managed by the crew member’s employer. account by a court when sentencing for a stalking- related offence; and if he will make a statement. Zac Goldsmith: To ask the Secretary of State for [169842] Transport what research his Department is conducting into aerotoxic syndrome. [170382] Mr Vara: A comprehensive framework of civil remedies and criminal offences is available to deal with stalking and harassment. This framework was strengthened by Mr Goodwill: The term ‘aerotoxic syndrome’ is not a this Government by amendments to the Protection medically recognised syndrome and does not define a from Harassment Act 1997 made by the Protection of discrete set of symptoms or signs. Freedoms Act 2012. The offences of harassment and The Department’s research programme into aircraft stalking require a person to pursue a course of conduct cabin air has been concluded and four published reports which amounts to the harassment or stalking of another commissioned by the Department were considered by person—a course of conduct is therefore an element of the Committee on Toxicity (COT) on 17 September. the offence which must be proven in order to secure a conviction. A course of conduct must involve conduct on at least two occasions. Aviation: Exhaust Emissions In determining the appropriate sentence in each case the court will take account of all the circumstances Zac Goldsmith: To ask the Secretary of State for including the level and nature of the contact. The Transport what recent progress has been made with the sentencing guidelines for harassment offences make International Civil Aviation Organisation on an clear that where there is persistent contact over a longer agreement on a global emissions trading scheme. period there is a greater degree of harm and the sentence should be aggravated accordingly. [169941]

Mr Goodwill: The International Civil Aviation Organisation (ICAO) Assembly, which met from TRANSPORT 24 September to 4 October, has agreed to develop a global market based measure to tackle aviation emissions. Aircraft: Air Conditioning The ICAO Resolution on climate change adopted by the assembly sets out a work programme to finalise the Zac Goldsmith: To ask the Secretary of State for design of a scheme for implementation from 2020. The Transport (1) what representations he has received on results of this work will be reported and a decision the incidence of aerotoxic syndrome; [169962] taken at the next assembly in 2016. 519W Written Answers14 OCTOBER 2013 Written Answers 520W

Aviation: Working Hours local bus services during the recent spending review. Moreover, our reforms to date of the Bus Service Operators Mr Laurence Robertson: To ask the Secretary of Grant (BSOG), which devolve the funding to local State for Transport what his policy is on changes in the authorities in respect of the services they choose to allowed flying times for commercial pilots; and what support, will give those authorities more say over how discussions he has with members of other EU that funding is prioritised. Governments on this issue. [170692] We have continued to invest in local bus infrastructure and technology through the Better Bus Area Fund, the Mr Goodwill: We support the adoption of the proposed Green Bus Fund and the Local Sustainable Transport Commission regulation on flight time limitations for Fund. And we have also recognised the importance of the crew of commercial aircraft. The Civil Aviation community transport in rural areas with £20 million of Authority is satisfied that it will not lead to a reduction additional funding. in safety for UK airlines and will improve safety across the EU as a whole. Carbon Emissions The regulation has been discussed by technical representatives of the member states in the appropriate David T. C. Davies: To ask the Secretary of State for EU Regulatory Committee. The Committee voted Transport how much his Department spent on the overwhelmingly to support the adoption of the regulation. Government Carbon Offsetting Framework in the latest year for which figures are available. [169860] Bicycles Stephen Hammond: The Department purchased carbon Chris Ruane: To ask the Secretary of State for credits to the value of £6,209.26 through the Government Transport what assessment he has made of the level of Carbon Offsetting Facility (GCOF II) in 2012. bicycle ownership in each (a) county and (b) constituency. [169947] Dartford-Thurrock Crossing Mr Goodwill: The Department publishes no information on the level of bicycle ownership for each county and Jackie Doyle-Price: To ask the Secretary of State for parliamentary constituency. Transport how many representations he has received from (a) Thurrock Council and (b) Thurrock Labour The National Travel Survey has information on the Party requesting free tolls for Thurrock residents using level of bicycle ownership in Great Britain as a whole. the Dartford Crossing. [170101] On average across 2010, 2011 and 2012, around 44% of people aged five and over owned, or had use of, a Mr Goodwill: In order to answer this question, records bicycle. covering the 2011 consultation on charges at the Dartford Crossing, the 2012 review of the Local Residents’ Discount Biofuels Scheme and Dart-Tag, and the 2013 consultation on additional capacity were used. Stephen Timms: To ask the Secretary of State for (a) Representations from Thurrock council Transport to which European Council member states the UK has made representations in support of the One representation has been received. Government’s stated preference for a five per cent cap As part of the review of the Local Residents’ Discount on EU biofuels ahead of the European Council Scheme, DFT was advised that the leader of Thurrock negotiations on 16 October 2013. [170647] council thought that the crossing should be free to local residents. Mr Goodwill: The Government has made clear to the On the 2013 consultation on options for an additional European Commission, the European Parliament and crossing, Thurrock council stated that: all other member states in the European Council that “free use of (the) crossing to Thurrock residents and businesses” we support the 5% cap. as a requirement for all three potential locations. However, Bus Services: Rural Areas it is not clear if this relates to the current as well as any new crossing. Mr Nigel Evans: To ask the Secretary of State for Two representatives of Thurrock council responded Transport how many rural bus services in (a) Ribble to the 2011 consultation on changes to charges at Valley constituency, (b) Lancashire and (c) the UK Dartford. In response to the question: have been (i) reduced and (ii) removed in each of the “Do you agree that the residents scheme should remain unchanged” last five years. [170562] they both responded: “Yes” Stephen Hammond: The Department does not hold with no further comments provided. this data, as decisions about the provision of local bus services are a matter for bus operators and local authorities According to the records we have available, we have who are best placed to identify the transport needs in had no further correspondence or representations from their areas. Thurrock council regarding allowing local residents free usage. Nevertheless, Government recognises that buses are a lifeline for many people in rural areas—providing access (b) Representations from the Thurrock Labour party to jobs, schools, health care and social activities. That is We can locate no record of representations on this why we have protected the Department’s funding for subject from the Thurrock Labour party. 521W Written Answers14 OCTOBER 2013 Written Answers 522W

Driver and Vehicle Licensing Agency (a) Open access operators on the east coast route have typically delivered lower levels of performance than the franchised operator, in part because one of them operates relatively old diesel trains; Graeme Morrice: To ask the Secretary of State for (b) Open access operation has had no material adverse impact Transport what steps he has taken to reduce delays in on network utilisation, although the constraints on platform the time taken for the Driver Vehicle Licensing Agency occupancy at Kings Cross, in particular, and Doncaster, to a to carry out and record vehicle disposal notifications. lesser extent, have complicated operations at those two stations; [169948] (c) Open access operators have generally tended to abstract revenue from the franchised operator. Furthermore, where bidders Mr Goodwill: The normal turnaround time for processing in the forthcoming InterCity East Coast franchise competition disposal notifications was impacted by a peak of new perceive a risk of additional open access competition causing registrations work during the summer period. further abstraction, they are likely to offer lower bids. A number of measures have now been deployed to address this issue and vehicle disposal notifications are Christopher Pincher: To ask the Secretary of State for currently being processed within nine days of receipt at Transport what assessment his Department has made the Driver and Vehicle Licensing Agency. of the role of open access competition on the annual premium paid by the East Coast Main Line franchise. Graeme Morrice: To ask the Secretary of State for [169875] Transport what assessment he has made of the time taken for the Driver Vehicle Licensing Agency to carry Stephen Hammond: Although an assessment has been out and record vehicle disposal notifications. [169949] made of the impact on the annual premium paid by the East Coast operator, it is not intended to publish such Mr Goodwill: The Driver and Vehicle Licensing Agency figures in advance of the forthcoming competition for usually processes vehicle disposal notifications within the Intercity East Coast franchise. five working days of receipt. The high volumes received over the summer meant notifications were taking up to Heathrow Airport 15 days to be processed, they are currently taking nine working days but the processing times are expected to return to normal within two weeks. Zac Goldsmith: To ask the Secretary of State for Transport whether his Department will consult the National Audit Office in advance on the value for Graeme Morrice: To ask the Secretary of State for money implications on the public finances of Government Transport what steps he has taken to improve the guarantees for the debt financing of the expansion of efficiency of the Driver Vehicle Licensing Agency. Heathrow airport. [169789] [169950]

Mr Goodwill: The Driver and Vehicle Licensing Agency Mr Goodwill: The Government has set up the Airports (DVLA) has committed to deliver £100 million efficiency Commission to examine the question of how best to savings in its annual operating costs by the end of maintain the UK’s international hub connectivity. The 2014-15. Government expects, in line with its terms of reference, that the Airports Commission will take account of the On 8 October my predecessor my hon. Friend the public finances when making recommendations. The Member for Wimbledon (Stephen Hammond) also Commission’s final report is due to be submitted to announced that a review of the way in which the DVLA Government in summer 2015. delivers services to its customers will take place over the next three months. High Speed 2 Railway Line Graeme Morrice: To ask the Secretary of State for Transport what assessment he has made of the Driver Mrs Gillan: To ask the Secretary of State for Vehicle Licensing Agency efficiency targets. [169951] Transport what discussions his Department had with (a) the Council of Mortgage Lenders and (b) the Mr Goodwill: The Driver and Vehicle Licensing Agency National Federation of Estate Agents whilst devising has committed to deliver £100 million efficiency savings the compensation proposals for those affected by Phase in its annual operating costs by the end of the 2014-15 One of the High Speed 2 scheme. [170215] financial period. At the end of March 2013 £40.6 million savings had already been reported against this target. Mr Goodwill: Both the Council of Mortgage Lenders and the National Association of Estate Agents meet as East Coast Railway Line part of a multilateral group of interested organisations with HS2 and officials from the Department for Transport, Christopher Pincher: To ask the Secretary of State for where the emerging proposals were discussed. Transport what assessment he has made of the contribution of open-access operators on the East Frank Dobson: To ask the Secretary of State for Coast Main Line in support of the franchised operator. Transport what the total length in kilometres of the [169872] HS2/HS1 link is (a) tunnelled and (b) above ground. [170521] Stephen Hammond: The impacts of open access operation have been assessed against three criteria: (a) performance; Mr Goodwill: The HS1-HS2 Link runs on the surface (b) network utilisation; and (c) revenue of the InterCity for 2.2 km from HS1 to Primrose Hill where it enters a East Coast franchise. 6.3 km long tunnel which ends at Old Oak Common. 523W Written Answers14 OCTOBER 2013 Written Answers 524W

Mr Watson: To ask the Secretary of State for Mr Goodwill: In line with normal practice we will Transport what the (a) fastest and (b) average journey make public the remuneration package of Sir David time (i) is and (ii) will be after completion of High Higgins. We have no plans to place his contract in the Speed 2 between London and (A) Sandwell and Dudley Library of the House. and (B) Wolverhampton; and if he will make a statement. [170558] Mrs Gillan: To ask the Secretary of State for Transport if he will publish financial details of the Mr Goodwill: The exact timetable, stopping patterns severance agreement with the outgoing Chairman of and services which will operate from the completion of HS2 Ltd. [169823] HS2 phase 1 have not yet been determined. It is not realistic to set a timetable this far ahead. However, there is no reason to believe that direct train service times Mr Goodwill: Doug Oakervee has given notice of his from London to these destinations will be adversely intention to leave HS2 Ltd as provided for in his contract. affected. In addition, new services may enable passengers No severance agreement applies. also to have faster journeys to these destinations by using HS2 services and changing as necessary. Legal Costs

Frank Dobson: To ask the Secretary of State for Mr Slaughter: To ask the Secretary of State for Transport whether his Department has commissioned Transport pursuant to the answer of 4 July 2013, Official KPMG to make an assessment of the regional economic Report, column 718W, on legal costs (1) if he will effects of alternatives to High Speed 2. [170575] provide a breakdown of the sum of £3,049,096 spent on external legal advice by case or project; [169703] Mr Goodwill: The Department did not commission KPMG to analyse the regional economic impacts of (2) if he will provide a breakdown of the sum of HS2, nor has it commissioned KPMG to assess the £11,982,668 spent on external legal advice by case or regional economic effects of an alternative to HS2. project. [169704] HS2 Ltd commissioned KPMG to analyse the potential scale, range and distribution of regional economic impacts Stephen Hammond: The information requested could brought about by HS2. The report ‘HS2 Regional Economic be obtained only at disproportionate cost. The figures Impacts’ was published on 11 September. provided in the previous answer were obtained from summary information held within the Department’s central procurement records, which contain information High Speed Two on the total spend on external legal services by vendor for the central Department and its agencies. Mrs Gillan: To ask the Secretary of State for The information requested is held locally within the Transport if he will publish the (a) advertisement, (b) finance records of individual policy teams, within (a) schedule of the placement of the advertisement, (c) the agencies and (b) the central Department, where detail of the interview process, (d) members of the those teams have delegated responsibility for managing interview panel and (e) all the applicants for the newly their budgets, including accountability for expenditure appointed chairman of High Speed 2. [169821] on external legal advice. To extract the information requested from central finance or local records would Mr Goodwill: The lengthy process of running a formal incur disproportionate costs in terms of the time required. recruitment campaign would have risked not having a new chairman in post when Doug Oakervee steps down. The appointment of Sir David reflects the importance Motor Vehicles: Lighting of ensuring a smooth and swift transition as HS2 enters its next crucial phase with the deposit of the Hybrid Bill Gordon Henderson: To ask the Secretary of State for which will deliver parliamentary approval for the first Transport if he will undertake a review of the safety of phase of the line between London and Birmingham. rear fog lights and their effect on the visibility of brake The appointment of Sir David is absolutely the right lights. [169543] move for a project which is so vital to our economic success and Sir David has an excellent track record of Mr Goodwill: There are no plans to undertake a delivery. review of the effect of fog lamps on the visibility of The code of practice for the Office of the Commissioner brake lamps. Since October 2000, all new passenger cars for Public Appointments provides that in exceptional have been fitted with a third centrally high mounted circumstances, a Department may depart from the processes brake lamp which has the benefit of separating the stop set out in that code. Sir David Normington, the lamp and fog lamp illumination and alert following Commissioner for Public Appointments, agreed that drivers to a slowing vehicle. this was such a case and agreed the appointment without a competition to ensure a smooth and swift transition Performance Appraisal to the role.

Mrs Gillan: To ask the Secretary of State for Transport Mrs Lewell-Buck: To ask the Secretary of State for if he will place (a) a copy of the contract for Sir David Transport what proportion of (a) disabled and (b) all Higgins, the newly-appointed Chairman of HS2 Ltd, other staff employed by his Department received each and (b) details of his remuneration and pension package level of performance rating in their end of year in the Library. [169822] performance assessment for 2012-13. [170461] 525W Written Answers14 OCTOBER 2013 Written Answers 526W

Stephen Hammond: Information on the performance based on self-declaration rates. Where figures in any marks awarded for 2012-13 are provided in the following category are less than five they are not included to tables. The figures in the table for disabled staff are protect privacy.

Department for Transport senior civil service Non-disabled Status undeclared Total Performance level Number Percentage Number Percentage Number Percentage

Top 26 26.8 15 31.25 41 28.3 Achieving 64 65.9 25 52.08 89 61.4 Not achieving 7 7.2 8 16.67 15 10.3 Total 97 100 48 100 145 100

The following tables are for staff in grades below the senior civil service.

Department for Transport (Central)

Non-disabled Declared disabled Status undeclared Total

Performance level Number Percentage Number Percentage Number Percentage Number Percentage

1 293 25.3 13 17.3 46 20 352 24.1

2 737 63.6 50 66.7 167 72.6 954 65.2

3 128 11.1 12 16 17 7.4 157 10.7

Total 1,158 100 75 100 230 100 1,463 100

Maritime and Coastguard Agency Non-disabled Declared disabled Total Performance level Number Percentage Number Percentage Number Percentage

1 102 9.5 12 14 114 10 2 530 49.5 34 40 564 49 3 432 40 40 46 472 41 4 — —— —— — Total 1,064 100 86 100 1,150 100

Highways Agency Non-disabled Declared disabled Status undeclared Total Performance level Number Percentage Number Percentage Number Percentage Number Percentage

1 286 12 14 7.7 59 7.5 359 10.7 2 1,641 69.2 120 66 488 61.8 2,249 67.3 3 110 4.6 17 9.3 35 4.5 162 4.8 4 — —— —— —— — No box marking 336 14.2 31 17 207 26.2 574 17.2 Total 2,373 100 182 100 789 100 3,344 100

Driving Standards Agency Non-disabled Declared disabled Total Performance level Number Percentage Number Percentage Number Percentage

1 1,803 87.3 242 85 2,045 87 2 124 6 14 5 138 6 3—————— Incomplete* 136 6.7 29 10 165 7 Total 2,063 100 285 100 2,348 100 1 Assessments completed after the final deadline date or with incorrectly recorded markings are recorded as ’incomplete’.

Vehicle and Operator Services Agency Non-disabled Declared disabled Total Performance level Number Percentage Number Percentage Number Percentage

1 61 3.2 3 3.5 64 3.2 2 533 28 27 31.8 560 28.2 3 1,306 68.8 55 64.7 1,361 68.6 4 — —— —— — Total 1,900 100 85 100 1,985 100 527W Written Answers14 OCTOBER 2013 Written Answers 528W

Driver and Vehicle Licensing Agency Performance score (points) Declared non-disabled Declared disabled Status undeclared Unknown Total

41 to 50 1 1 3 1 6 51 to 60 7 4 1 1 13 61 to 70 13 7 2 2 24 71 to 80 43 21 7 3 74 81 to 90 180 69 20 21 290 91 to 100 779 234 79 70 1,162 101 to 110 2,427 436 212 132 3,207 111 to 120 807 117 69 49 1,042 Total 4,260 889 394 279 5,822 Note: Excludes 119 staff with no marking.

DVLA’s performance management process is based including train companies, will work with the Office of on performance against set objectives, each objective is Rail Regulation to develop and agree its content. allocated a number of points weighted according the We intend to publish the Rail Franchising Overview importance and priority of each objective (up to a total by the end of 2013. of 100). At the end of the year, each objective is scored out of Railways: Competition the number of points allocated to it as a weighting. For example, if an objective has been allocated 20 points, it Christopher Pincher: To ask the Secretary of State for will be scored out of 20. The maximum score that can Transport (1) what plans he has to increase competition be achieved is 120. across rail markets and lower barriers to open access rail competition on (a) the West Coast Main Line and Railways (b) other rail lines; [169871] (2) what his policy is on increasing the ability of Christopher Pincher: To ask the Secretary of State for open access operators to make a greater contribution Transport what his policy is on the future role of open to the UK’s railways; [169873] access rail operators. [170386] (3) if he will take steps to promote open access across the rail market; [169876] Stephen Hammond: The Government’s policy on open (4) what steps his Department is taking to better access rail passenger operation is unchanged from that underpin (a) new entrants to the UK’s railways and outlined in the Command Paper, ‘Reforming our Railways’, (b) open access operators. [169877] published in March 2012: “Government values the benefits of competition that open Stephen Hammond: The Government’s policy on open access can bring, such as greater choice and lower fares for some access rail passenger operation is unchanged from that passengers. However, these benefits must be set against the need outlined in the Command Paper, “Reforming our to reduce the overall cost of the railway to taxpayers. Open access operators are only charged marginal track access costs compared Railways”, published in March 2012: to franchised service operators who are charged full track access “Government values the benefits of competition that open charges. This means that open access operators are effectively access can bring, such as greater choice and lower fares for some being subsidised by passengers on franchised services which are passengers. However, these benefits must be set against the need paying full track access charges to support the maintenance and to reduce the overall cost of the railway to taxpayers. Open access operation of the network. Furthermore, where franchise bidders operators are only charged marginal track access costs compared perceive a risk of open access competition undercutting them on to franchised service operators who are charged full track access costs they are likely to offer much lower bids. This detrimentally charges. This means that open access operators are effectively impacts on the taxpayer’s interest by putting further pressure on being subsidised by passengers on franchised services which are fares and making it harder to deliver the rail upgrades that paying full track access charges to support the maintenance and passengers want. Given the UK’s financial position, Government operation of the network. Furthermore, where franchise bidders does not therefore at this stage support an increase in open access perceive a risk of open access competition undercutting them on competition.” costs they are likely to offer much lower bids. This detrimentally impacts on the taxpayer’s interest by putting further pressure on The Office of Rail Regulation is currently consulting fares and making it harder to deliver the rail upgrades that the industry on options for the future charging structure passengers want. Given the UK’s financial position, Government for Open Access operators, and we await the outcome does not therefore at this stage support an increase in open access of its findings. competition.” The Office of Rail Regulation is currently consulting Lilian Greenwood: To ask the Secretary of State for the industry on options for the future charging structure Transport when he will publish (a) the Code of for open access operators, and we await the outcome of Practice on ticketing information and (b) the Rail its findings. Franchising Overview. [170693] Christopher Pincher: To ask the Secretary of State for Stephen Hammond: The Code of Practice on ticketing Transport what steps his Department is taking to boost information will be developed over the next 12 months capacity utilisation on the (a) East Coast Main Line and will be overseen by the Office of Rail Regulation. and (b) West Coast Main Line to allow more services Passenger representative groups including Passenger to exist which may compete with the franchised Focus and London Travel Watch, and ticket retailers operator. [169874] 529W Written Answers14 OCTOBER 2013 Written Answers 530W

Stephen Hammond: Network capacity on both the Lilian Greenwood: To ask the Secretary of State for East and West Coast Main Lines is virtually exhausted: Transport which computer systems will be retired as a (a) Infrastructure enhancements being undertaken or planned result of the plans set out in the Fares and Ticketing in CP4 and CP5 will create some additional capacity on ECML, Review; and whether the Government will be making but the Government has already committed to the procurement any contribution to the new ticketing software. [170696] of InterCity Express Trains (IEP) to exploit this capacity. (b) On WCML, while some off-peak network capacity is Stephen Hammond: The plans set out in the Fares unused at present, it is likely that there will be no spare capacity at and Ticketing Review do not include any technical Euston station once construction of HS2 commences. specifications or require the retirement of any specific computer systems. However, the rail industry already Christopher Pincher: To ask the Secretary of State for has voluntary plans in place to replace its current fares Transport what steps he is taking to identify the system in late 2014. benefits of a potential market of open access and other diverse rail providers; and what assessment he has made of the role of such providers to cost reduction Redundancy and improved performance on the railways. [169878] Jackie Doyle-Price: To ask the Secretary of State for Stephen Hammond: Open access operators are effectively Transport how many staff were made redundant from being subsidised by passengers on services run by franchised non-departmental public bodies accountable to his operators as explained in my earlier answer today (UIN Department in (a) 2010-11, (b) 2011-12 and (c) 169873). Open access operators on the East Coast route 2012-13; and how many redundancy payments were have typically delivered lower levels of performance made in lieu of notice. [170357] than the franchised operator, in part because they operate relatively old diesel trains. Other diverse rail providers, Stephen Hammond: The Secretary of State for Transport, particularly in the fields of rolling stock maintenance my right hon. Friend the Member for Derbyshire Dales and refurbishment, have contributed significantly to (Mr McLoughlin), has made the following redundancies cost reduction and improved performance. and redundancy payments in lieu of notice from non- departmental public bodies accountable to his Department. Railways: Tickets 2010-11 2011-12 2012-13

Lilian Greenwood: To ask the Secretary of State for Redundancies Transport whether the operator selected for the Passenger Focus 0 26 1— planned flexible ticket trial will receive any additional Railway Heritage 001— financial support from the Government; and, if so, Committee what funds have been set aside for this purpose. British Transport Police 001— [170694] Authority Northern Lighthouse 40 1—0 Stephen Hammond: The operator to undertake this Board Trinity House Lighthouse 778 trial will be selected on the basis of a competitive Service request for proposals process. The trial intends to pilot Disabled Persons 000 discounted ticket types which will have an impact on Transport Advisory the revenue of the selected train operating company. Committee The Department is therefore funding the trial to cover Traffic Commissioners 0 0 0 both these and relevant administrative and system costs. High Speed 2 0 0 0 As this will be a competitive process in order to secure Directly Operated 000 the best value for money, it would not be appropriate to Railways detail costs at this time. Redundancy payments in lieu of notice Lilian Greenwood: To ask the Secretary of State for Passenger Focus 0 24 1— Transport whether future bidders for rail franchises British Transport Police 001— will be required to invest in new ticketing machines. Authority [170695] 1 Where numbers are five or less, we have withheld the precise number on grounds of confidentiality in line with the Data Protection Act. Stephen Hammond: Our new franchising approach places emphasis on improved customer experience and Jackie Doyle-Price: To ask the Secretary of State for contains the explicit treatment of non-financial factors Transport how many staff in his Department were (quality) in assessing and awarding new franchises. In made redundant in (a) 2010-11, (b) 2011-12 and (c) the fares and ticketing review, published 9 October, we 2012-13; and how many such staff received payments stated that, although we will not expect to specify in in lieu of notice. [170376] detail how train companies should upgrade their ticket machines, we want them to have the flexibility to tailor Stephen Hammond: The number of staff who left the their ticketing package to local needs and drive continuous Department for Transport under redundancy arrangements improvement in customer service. Other measures in in each of the last three financial years, together with the review such as the code of practice on ticketing the number who received pay in lieu of notice is set out information, and improvements to the way we manage in the following table. Where numbers are five or less, ticket office changes, will also encourage operators to we have withheld the precise number on grounds of consider investment in this area. confidentiality. 531W Written Answers14 OCTOBER 2013 Written Answers 532W

area. Where necessary we have continued recruitment Organisation 2010-11 2011-12 2012-13 campaigns to ensure required staff numbers can be Redundancies sustained. Department for 185 94 <5 Mutual support is also available to all MRCCs from Transport (c) at least one other MRCC during peak times through Vehicle Certification 000 Agency long standing ‘pairing’ arrangements. Maritime and 6027 Coastguard Agency Graeme Morrice: To ask the Secretary of State for Government Car 37 30 89 Transport if he will make it his policy that no further Service Maritime Rescue and Co-ordination centres will be Highways Agency 99 <5 <5 downgraded to become operational throughout Vehicle and Operator 87 36 0 daylight hours only. [170170] Services Agency Driver and Vehicle 50 0 194 Licensing Agency Stephen Hammond: My predecessor announced on Driving Standards <5 37 55 22 November 2011 that the modernisation programme Agency to implement the new HM Coastguard structure would be driven by prevailing operational requirements and Redundancy payments would therefore be subject to ongoing review. in lieu of notice If a Maritime Rescue Coordination Centre (MRCC), Department for 094<5planned to close as part of the modernisation programme, Transport (c) encounters significant staff retention issues, it may be Vehicle Certification 000 Agency sensible to consider daytime-only or variable hours Maritime and 0011operating until its operations are transferred into the Coastguard Agency future coastguard structure. The vast majority of incidents Government Car 0089managed by the coastguard take place in daylight hours Service and effective mechanisms already exist for transferring Highways Agency 0 0 0 responsibilities to other centres if at any time an MRCC Vehicle and Operator 13 26 0 is closed. Services Agency Driver and Vehicle 0 0 147 I would look at any such cases on an individual basis Licensing Agency in the light of the operational factors at the time and Driving Standards <5 33 42 against the background of the need to ensure the safety Agency of mariners and the general public at all times.

The reform to the compensation scheme in 2010 led Graeme Morrice: To ask the Secretary of State for to three categories of ‘redundancy’, voluntary exit, Transport what operational testing of the Future voluntary redundancy and compulsory redundancy. All Coastguard programme his Department and senior three categories have been included in the answer. Maritime and Coastguard Agency staff have undertaken. [170171] Rescue Services Stephen Hammond: Prior to the announcement by Graeme Morrice: To ask the Secretary of State for my predecessor on 22 November 2011 of the modernised Transport what assessment (a) his Department and HM Coastguard structure the new Concept of Operations (b) senior Maritime and Coastguard Agency staff had been validated by two separate ’desktop’ tests conducted made of the effect of the closure of Maritime Rescue by senior coastguard managers, operational coastguards and Coordination Centres on (i) public safety, (ii) the and trade union representatives. time taken to respond to incidents and (iii) staff. Detailed incident analysis and workload distribution [170164] models have also been developed. These will be used to assess the staffing levels required and the distribution of Stephen Hammond: The closure of Maritime Rescue work within the new national network. Coordination Centres (MRCCs) has no impact on safety Operational and Acceptance Testing at the new National or the time taken to respond to incidents. Maritime Operations Centre (NMOC) has commenced The closure of MRCCs, as part of the already announced with acceptance testing of the new emergency response Coastguard modernisation programme, has only occurred systems. An extended period of operational testing will where we have been satisfied that all relevant information then take place prior to the NMOC becoming fully and services have been effectively transferred to other operational in September 2014. Coordination Centres. Changes to Coordination Centre responsibilities do not affect the location or availability Roads: Lighting of front line Search and Rescue assets and the seamless transfer of tasking and call out procedure means there Mr Brady: To ask the Secretary of State for Transport has been no adverse impact on public safety or time to (1) what assessment his Department has made of whether respond to incidents as a result of these closures. LED street lighting systems are cheaper to run and Staff at centres that have closed have been given the maintain than the current system of pressured sodium opportunity to transfer elsewhere in the Coastguard street lighting, and of whether the capital investment service. This has resulted in those Coordination Centres needed to convert current street lighting to LED systems that are taking on additional responsibilities receiving on a significant scale can be justified by a reasonable additional staff with experience of the new operational timeframe required to recover such costs; [169577] 533W Written Answers14 OCTOBER 2013 Written Answers 534W

(2) if he will make an assessment of the consequences deal with potholes on the local highway network. A of using LED street lighting in residential areas and the final report and a follow-up document are both available effects of white light upon melatonin secretion and for download from the following web address: sleeping patterns; and if he will make an assessment of http://assets.dft.gov.uk/publications/pothole-review/pothole- the (a) short and (b) long-term health and behavioural review.pdf impacts which may subsequently arise from the artificial disruption of these normal conditions. [169578] Mark Menzies: To ask the Secretary of State for Transport what steps he is taking to ensure that the Mr Goodwill: The majority of street lighting in England road networks are prepared for heavy snowfall this is the responsibility of local highway authorities and it winter. [170141] is for them to decide what level of service they wish their street lighting network to deliver, what level of Mr Goodwill: The Department for Transport continues funding is required, and what technical specifications to to liaise with local and national partners to improve apply. winter resilience, so that this country enters the forthcoming While no assessment has been undertaken by the winter season well prepared. This includes having a Department for Transport on the use of LED lighting, national strategic salt reserve of 425,000 tonnes, working a number of trials and reviews have been undertaken by closely with local highway authorities to monitor salt local authorities and other organisations. Results from stocks and raising awareness of guidance to enable these suggest LED lighting can be more energy efficient them to make the best use of their salt supplies. We have and environmentally friendly than traditional lighting also written to local highway authorities highlighting and also gives rise to better colour identification. As the importance of being prepared for severe winter LEDs have a longer life expectancy when compared to a weather including ensuring that they have robust winter traditional lamp, implementing such a change in street service plans in place and the importance of communicating lighting can result in both energy and maintenance their plans to local residents and businesses. savings for councils. However, any benefits need to be In terms of the strategic road network, the Highways considered in the context of the role that street lighting Agency has available a fleet of more than 500 winter plays in each local area that it serves. vehicles for treating motorways and major ‘A’ roads The Government is not aware of any robust research around the clock to help keep the strategic network addressing community melatonin status and sleeping open under all but the most extreme of circumstances. patterns in relation to changes in street lighting technology. The Highways Agency is also finalising its preparations There is, however, good experimental evidence that for this year’s winter driving campaign, “Make time for whiter light, as from LED street lighting, is more effective winter”. This year, the messages will place even greater in suppressing melatonin production than the red/orange emphasis on safety and the importance of good vehicle light from traditional street lighting. Such an effect may maintenance, with a focus on drivers taking more be helpful in keeping drivers alert and preventing accidents. responsibility for their own actions. Recognising that people will generally be able to use curtains or blinds to exclude externally arising light In addition, winter planning is ongoing more widely from their homes, Public Health England do not see across government. Officials from UK Government changes in outdoor lighting technology as a significant Departments, the devolved Administrations and the public health issue. Local Government Association are due to meet shortly to review winter preparation plans and to discuss cross- cutting issues. Roads: Snow and Ice Roads: South West Mark Menzies: To ask the Secretary of State for Transport if he will take steps to prevent a significant increase in the number of potholes that are created Mr Sanders: To ask the Secretary of State for Transport each winter on Britain’s road network. [170109] if he will take steps to ensure that the planned feasibility study of improvements for the A303/A30/A358 corridor Mr Goodwill: The Department for Transport is providing will consider these routes as one whole corridor in more than £18 billion for highway maintenance for which the A358 and A30 elements meet different but both the strategic and local road network between 2011 complementary growth and resilience needs of strategic and 2021. This funding will help address the issue of importance to the South West. [170221] potholes, which we know can cause problems for all highway users. Mr Goodwill: The Government has committed to In addition, the Government also recognises the need tackle some of the most notorious and long-standing for improved highways maintenance over the longer-term road hot spots in the country. The Department will and has taken action. In April 2011, the Department for identify and fund solutions, initially through feasibility Transport announced a £6 million programme for highways studies to look at problems and identify potential schemes maintenance efficiency to look at longer-term maintenance at a number of locations, including the A303 corridor. strategies. This programme is providing practical and The Department is in the process of developing the adaptable efficiency solutions, for authorities to make detailed scope of each study, and through a process of informed local investment decisions to support their engagement with stakeholders is aiming to finalise the local community and economy.As part of the programme, timing, aims and scope of the A303 study by the end of an initiative was announced to help assist local authorities 2013. 535W Written Answers14 OCTOBER 2013 Written Answers 536W

Shipping: Safety Walking: Children

Mr Gregory Campbell: To ask the Secretary of State Sir Bob Russell: To ask the Secretary of State for for Transport if he will bring forward legislative Transport what steps his Department is taking to proposals to extend section 80 of the Railways and encourage more children to walk to school. [169496] Transport Safety Act 2003 to prohibit non-professional mariners from drinking alcohol while in charge of a Stephen Hammond: The Department for Transport vessel. [170615] has provided £600 million of funding through the Local Sustainable Transport Fund to enable local transport Stephen Hammond: The Department recommends authorities to identify and implement the right solutions strongly that leisure mariners avoid alcohol consumption to meet the economic and environmental challenges when engaging in their activity. faced in their areas. They include a variety of sustainable transport measures such as suitable infrastructure We are working with the Royal Yachting Association improvements for cycling and walking. and other partners to educate leisure mariners about the risks that alcohol consumption presents, as an effective 59 of the 96 funded projects contain an element and targeted alternative to legislation. promoting walking to schools. Of particular note is the ‘Walk to School Outreach’ project, which received £4.8 million from the Department via the Local Sustainable Shipping: Training Transport fund. The programme is a partnership of 11 local authorities, led by Durham county council. The Katy Clark: To ask the Secretary of State for Transport partnership is supported by national charity Living if he will make it his policy that his Department collates Streets to roll out an outreach programme, aimed at information on the number of available training roles increasing levels of walking to school at primary and for UK ratings in the previous year for inclusion in the secondary schools in target locations. The Department annual Seafarer Statistics publication. [169887] has a close working relationship with Living Streets, and carefully considers advice from Living Streets when developing policy. Stephen Hammond: No arrangements are currently in place for the central collection or collation of information The then Parliamentary Under-Secretary of State, about the number of available seafarer rating training the hon. Member for Lewes (Norman Baker), spoke at roles. the parliamentary launch of Walk to School week in 2013 and met children from a number of schools that I can confirm that I do not intend to introduce such had achieved success in making it easier to walk to arrangements as a matter of policy in the future. school. Katy Clark: To ask the Secretary of State for Transport what proportion of the increase in annual funding announced for the Support for Maritime Training scheme FOREIGN AND COMMONWEALTH OFFICE will be spent on (a) officer cadet and (b) ratings training; and how many new trainee (i) officer and (ii) ratings places will be created each year as a result. Palestinians [169888] Mr Slaughter: To ask the Secretary of State for Stephen Hammond: I anticipate that the increase in Foreign and Commonwealth Affairs what reports he funding for Support for Maritime Training (SMarT) has received on the case of the five schoolboys from the will be spent on officer cadet training and will fund village of Hares in Palestine who were arrested by the between an additional 200 to 220 officer trainees. No Israeli authorities in March 2013. [169867] proportion of the increased funding will be allocated to ratings training and no new ratings places will therefore Hugh Robertson: Officials from our consulate general be created. in Jerusalem and the embassy in Tel Aviv are following this case closely. Speed Limits Abortion: Gender Selection Mark Menzies: To ask the Secretary of State for Transport what research his Department has commissioned Mr Amess: To ask the Secretary of State for Foreign since 2010 on the effect of reducing speed limits from and Commonwealth Affairs what steps the Government 30 mph to 20 mph. [169802] is taking in response to the Fourth United Nations Conference on Women: Platform for Action which called for governments to take steps to eliminate all forms of Mr Goodwill: The only project we have commissioned discrimination against the girl child which result in of relevance is for the speed limit appraisal tool. The harmful and unethical practices such as prenatal sex guidance can be viewed at: selection, compounded by the increasing use of technologies www.gov.uk/government/publications/setting-local-speed- to determine foetal sex resulting in abortion of female limits foetuses; what recent representations he has received on We are considering commissioning research on the prenatal sex selection and abortion; what response his effect of reducing speed limits from 30 mph to 20 mph Department made to such representations; and if he in the future. will make a statement. [169732] 537W Written Answers14 OCTOBER 2013 Written Answers 538W

Mr Lidington: We fully support the UN Fourth World Hugh Robertson: We are aware of the case of Ahmed Conference for Women Platform for Action and its Humidan. We understand that Ahmed Humidan is reaffirmation that the human rights of women and girls among 32 defendants charged with public order offences are an inalienable, integral and indivisible part of universal in relation to an incident in the town of Sitra. The court human rights. We are fully committed to the realisation was due to hear reports about allegations of mistreatment of all human rights and fundamental freedoms of all in this case on 9 October. We remain in contact with the women and girls. Bahraini justice authorities. The Foreign and Commonwealth Office has not received any representation on prenatal sex selection and abortion. Katy Clark: To ask the Secretary of State for Foreign and Commonwealth Affairs what reports he has The UK Government strongly opposes sex-selective received of the detention of Mohamed Sudayf and abortion. I condemn the unethical abortion of female Hussain Hubail in Bahrain. [169845] foetuses. The UK does not fund programmes which contribute directly or indirectly to sex-selective abortion. Hugh Robertson: We are aware of the cases of Through our own reproductive health programmes, and Mohammad Sudayf and Hussain Hubail. We understand through the United Nations Population Fund (UNFPA), that both individuals were detained in connection with we support partner governments’ efforts to prevent it. charges related to protests on 14 August this year. We have received reports from the Bahrain Center for Human Arctic Rights that allegations have been made of mistreatment in detention. We urge the Bahraini authorities to investigate Zac Goldsmith: To ask the Secretary of State for any allegations of mistreatment promptly, thoroughly Foreign and Commonwealth Affairs what support he and impartially. plans to give to the World Economic Forum Arctic Council. [169939] Katy Clark: To ask the Secretary of State for Foreign and Commonwealth Affairs pursuant to his answer of Mark Simmonds: There are no specific plans to support 4 September 2013, Official Report, column 383W, on the World Economic Forum Global Agenda Council on Bahrain, if he will raise the treatment of Ms Rayhana the Arctic. However, I welcome the work of the forum Almosawi directly with the Bahraini government. in advancing thinking on the complex issues at play in [169929] the Arctic. My officials will continue to engage with the international discussions, primarily through fora such Hugh Robertson: Rihanna AI Mosawi was charged as the Arctic Council and Arctic Circle. with activities relating to terrorism following her arrest on 20 April 2013 at the Grand Prix circuit. We understand Ascension Island she has now been sentenced to five years on charges relating to terrorism. We continue to urge the Government of Bahrain to ensure that due legal process is followed. Fiona O’Donnell: To ask the Secretary of State for The UK takes all allegations of mistreatment against Foreign and Commonwealth Affairs what his policy is detainees seriously. We expect the Government of Bahrain on the future of Ascension Island. [170577] to meet all of its human rights obligations, and adhere to international standards. Mark Simmonds: Ascension Island will continue to operate as a UK Overseas Territory with a resident Katy Clark: To ask the Secretary of State for Foreign Administrator, under the provisions of the 2009 and Commonwealth Affairs what assessment he has Constitution. The British Government is committed to made of the trial of Dr Saeed Al Samahuji; and if he the effective running and stewardship of Ascension and will raise the case with his Bahraini counterparts. will continue to work closely with the US Government [169931] and the other users of the Island to achieve this. Hugh Robertson: We are aware that Dr Saeed Al Bahrain Samahuji is currently on trial for charges relating to freedom of expression. The first hearing took place on Katy Clark: To ask the Secretary of State for Foreign 23 September 2013. We understand that he has denied and Commonwealth Affairs what assessment he has all charges, and his case has been postponed until made of press freedom in Bahrain. [169843] 13 October 2013. We have made it clear to the Government of Bahrain that the legitimate exercise of freedom of Hugh Robertson: We welcome the steps taken by the expression is a fundamental part of any modern democracy, Government of Bahrain in implementing reforms based and must be respected. We respect the sovereignty of on recommendations by the Independent Commission the Bahraini judicial system though we continue to urge of Inquiry. However, one area where we would encourage the Government to act proportionally in all cases, ensure greater process is relaxing censorship and allowing the that due process is transparently followed, and that opposition greater access to the media. We continue to liberties are protected. raise this issue with the authorities, underling the importance press freedom has for reconciliation. Burma

Katy Clark: To ask the Secretary of State for Foreign Rushanara Ali: To ask the Secretary of State for and Commonwealth Affairs what reports he has Foreign and Commonwealth Affairs what representations received of the detention of Ahmed Humaidan in he has made to his Burmese counterparts to end the Bahrain. [169844] ongoing clashes between the Burmese military and the 539W Written Answers14 OCTOBER 2013 Written Answers 540W

Kachin Independence Army in northern Shan State Caroline Lucas: To ask the Secretary of State for following the agreement signed by the Government of Foreign and Commonwealth Affairs what recent Burma and the Kachin Independence Organization conversations he has had with the Secretary of State for following the peace talks held in late May 2013. [170165] (a) Energy and Climate Change and (b) Business, Innovation and Skills on the findings of the Mr Swire: While we have not specifically raised the Intergovernmental Panel on Climate Change (IPCC) issue of recent fighting in northern Shan State with the fifth assessment report published on 27 September 2013 Burmese Government, we regularly raise our concerns on the upper amounts of cumulative carbon dioxide about Burma’s ongoing ethnic conflict, particularly in emissions from anthropogenic sources compatible with Kachin State—as Ministers did with President Thein limiting global warming to below two degrees celsius Sein during his visit to London in July 2013. As I said to global temperature rise; if he will make an assessment the House during the End of Day Adjournment Debate of implications of the IPCC’s findings on upper amounts on 8 October 2013, Official Report, columns 138-40, we of cumulative carbon dioxide emissions on the proportion are concerned about recent outbreaks of fighting between of known fossil fuel reserves that can be exploited (i) the Kachin Independence Army and the Burmese military globally and (ii) domestically; and if he will make a in Kachin and Shan States. We have consistently emphasised statement. [170488] the importance of ending fighting across Burma and moving to political dialogue. We welcome the commitment of the Kachin Independence Organisation and the Burmese Mark Simmonds: The Secretary of State for Foreign Government to the process of dialogue. British embassy and Commonwealth Affairs, my right hon. Friend the officials remain in close contact with both sides, most Member for Richmond (Yorks) (Mr Hague), regularly recently having visited Kachin State in late September. discusses climate change with his Cabinet colleagues. British experts with experience of the Northern Ireland The Secretary of State welcomed the release of the peace process have been sharing expertise with the Inter-governmental Panel on Climate Change’s Fifth Burmese Government and the ethnic groups, including Assessment Report on 27 September, commenting that the Kachin Independence Organisation. We continue to the report confirmed that climate change as a result of offer our support to both sides, if requested to provide it. human activity is already taking place, and that it will continue to worsen unless we act now to reduce carbon Rushanara Ali: To ask the Secretary of State for emissions. Foreign and Commonwealth Affairs if he will consider The Government accepts the IPCC’s recent assessment sending an observer to the next round of Kachin peace of the global carbon budget consistent with limiting talks. [170169] global average temperature rise to two degrees Celsius above 1861-1880 levels. The UK’s national carbon budgets Mr Swire: We welcomed the agreement between the have been designed to be consistent with this same Kachin Independence Organisation (KIO) and the Burmese objective, on the basis of expert advice from the Committee Government in late May which included a commitment on Climate Change established by the Climate Change to further political dialogue; we are keen to see talks Act 2008. The Government does not take a view on progress. what exact proportion of global fossil fuel reserves this We have always said that we stand ready to assist the represents. peace talks between the KIO and the Burmese Government in any way we can, but that we would only consider sending officials to talks if requested to by all sides. Chemical Weapons British experts have shared lessons from our experiences in Northern Ireland and we will continue to offer our support to all parties. Paul Flynn: To ask the Secretary of State for Foreign and Commonwealth Affairs whether his Department has independently evaluated reports of rebel use of Carbon Emissions chemical weapons which have come from sources including the Russian Federation Government, the David T. C. Davies: To ask the Secretary of State for United Nations and the Turkish state newspaper. Foreign and Commonwealth Affairs how much his [169568] Department spent on the Government Carbon Offsetting Framework in the latest year for which figures are available. [169893] Hugh Robertson: Russia produced an assessment of the 19 March Khan Al Assal attack and have shared Mr Lidington: In its 2012-13 Accounts, the Foreign this with the UN. This report has not been published in and Commonwealth Office (FCO) set aside £26,419 for full, but we have access to an evaluation of the pages. purchasing estimated carbon offsets for 2012-13 from We have seen no credible evidence to suggest that the the Government Carbon Offsetting Facility (GCOF). Syrian opposition was behind the 19 March attack. This figure includes an adjustment to reconcile estimated Russia and Syria continue to claim that the opposition emissions in the fourth quarter of 2011-12 and also an were also responsible for the 21 August Ghouta atrocities. estimate for 2012-13 fourth quarter flight emissions. The Joint Intelligence Committee assessment confirmed The figure is based on an estimated carbon offset price. that it was not possible for the opposition to have The FCO intends to purchase GCOF offset credits, carried out an attack on the scale of 21 August and this in order to off-set carbon emissions from flights originating has been backed up by the UN inspectors’ report which in the UK taken by FCO staff who are travelling on leaves no doubt that the Syrian regime is the only party official business. that could have been responsible. 541W Written Answers14 OCTOBER 2013 Written Answers 542W

Christianity Hugh Robertson: We have asked our posts in Tel Aviv and Jerusalem to look into his case. Bob Blackman: To ask the Secretary of State for Foreign and Commonwealth Affairs what steps his Japan Department is taking to assist Christians in foreign countries where they are in danger of persecution. Frank Dobson: To ask the Secretary of State for [170134] Foreign and Commonwealth Affairs what recent discussions he has had with his Japanese counterpart Mr Lidington: The British Government is committed about developments at the Fukushima nuclear power to defending the rights of Christians and indeed people station. [170611] of all faiths or no faith from discrimination, violence and persecution. We speak out against violence perpetuated Mr Swire: The Secretary of State for Foreign and against Christians. For example the Senior Minister of Commonwealth Affairs, my right hon. Friend the Member State, my right hon. and noble Friend Baroness Warsi, for Richmond (Yorks) (Mr Hague), has not had recent condemned the recent attacks that took place in the discussions with his Japanese counterpart about the Pakistani city of Peshawar, which killed and injured so Fukushima nuclear power station. many innocent people. We also lobby for changes in However, we do remain in close contact with the discriminatory laws and practices that affect religious Japanese authorities at official level through our embassy minorities, including Christians, and support UN in Tokyo. resolutions on the elimination of discrimination on the grounds of religion or belief. Freedom of religion or Kashmir belief is also one of the human rights priorities on which we target our programme funds. Among the Shabana Mahmood: To ask the Secretary of State for variety of projects we have funded is a series of grass Foreign and Commonwealth Affairs what recent roots meetings in Iraq led by Canon Andrew White reports he has received on the recent tensions on the bringing together people from different faiths to combat borders of Jammu and Kashmir; and what recent sectarian violence, as well as training for government discussions he has had with his (a) Indian and (b) officials on international norms on religion or belief. Pakistani counterparts on this matter. [169889]

Democratic Republic of Congo Mr Swire: UK officials in Islamabad and Delhi regularly discuss the situation in Kashmir with both governments, Geoffrey Clifton-Brown: To ask the Secretary of State including incidents on the line of control and concerns for Foreign and Commonwealth Affairs what his about human rights abuses. We encourage India and Department’s policy is on the proposed exploration for Pakistan to take further steps to strengthen their oil by SOCO International plc in the Virunga National relationship, but recognise that a solution to the Kashmir Park and world heritage site, Democratic Republic of dispute is something that both sides will need to develop. Congo. [169960] Libraries Mark Simmonds: The UK continues to oppose oil exploration in the Virunga National Park. The park is a Mr Binley: To ask the Secretary of State for Foreign world heritage site listed by UNESCO as being ‘in and Commonwealth Affairs (1) what proportion of his danger’. The UK embassy in Kinshasa has raised oil Department’s former library currently resides within exploration in the park at various levels in the DRC other Government institutions; what measures are being Government and we have made clear to them that we planned to restore this material to his Department; oppose such activity. what proportion of the Library material has been sold; what revenue was generated from such sales; what the Israel assessed value of that material was; what proportion of the material has been destroyed; and what the replacement value of such destroyed or sold material is; [169731] Mr Andrew Smith: To ask the Secretary of State for Foreign and Commonwealth Affairs if he will list all (2) what his policy is towards reconfiguring the bilateral project and programme agreements between departmental archives to facilitate access by staff from the UK and Israel. [170149] across Whitehall deploying overseas; [170007] (3) how many unique archives were broken up during Hugh Robertson: We are unable to answer the question the process of emptying his Department’s library; in the time available with reference to all bilateral projects [170011] and programme agreements between the UK and Israel, (4) on how many occasions prior to the closure of his as the information is not held in the form requested. departmental archives foreign governments had However, details of bilateral treaties between the UK recourse to the material in relation to the settlement of and Israel can be found through the Foreign and boundary disputes. [170012] Commonwealth Office’s UK Treaties Online website: http://treaties.fco.gov.uk/treaties/treaty.htm Mr Lidington: The Foreign and Commonwealth Office (FCO)’s historical library collection was transferred to Fiona O’Donnell: To ask the Secretary of State for King’s College London in 2007 under the terms of a Foreign and Commonwealth Affairs what representations Trust Deed. A departmental minute laid before both he has made to the Government of Israel concerning Houses of Parliament noted the value of the collection the treatment of Issa Amro. [170576] at £4.5 million. Following the closure of the physical 543W Written Answers14 OCTOBER 2013 Written Answers 544W library in 2008, some items were selected by the National The institutional capacity to tackle irregular migration Archives and then most of the remaining collection was in Libya is limited; however, the UK is providing bilateral also transferred to King’s College. The last few remaining assistance and support to the EU Border Assistance items of the working library collection were offered to Mission in order to help the Libyan Government monitor other institutions, or disposed of, The remainder of its own borders. unwanted items were sold for £2,500. Except for a few items retained by the National Mauritius Archives, no other elements of the FCO’s former Library reside within other Government institutions. Ian Lucas: To ask the Secretary of State for Foreign Upon taking up office in 2010, the Secretary of State and Commonwealth Affairs when he last held for Foreign and Commonwealth Affairs, my right hon. discussions with his Mauritian counterpart. [170160] Friend the Member for Richmond (Yorks) (Mr Hague), personally committed to undertaking work to address Mark Simmonds: The Secretary of State for Foreign the consequences of breaking up the Foreign and and Commonwealth Affairs, my right hon. Friend the Commonwealth Office (FCO) historic library. This has Member for Richmond (Yorks) (Mr Hague), last held included re-opening the old Home Office library in the discussions with his Mauritian counterpart on 23 February main building, opening the legal library and setting up 2012 during the Somalia Conference and with the Prime a language library within the new language school Minister of Mauritius on 17 April 2013. which was opened in September 2013, and approving plans to establish a new diplomatic academy. Alongside Ian Lucas: To ask the Secretary of State for Foreign the work to improve standards through diplomatic and Commonwealth Affairs when a representative of excellence and learning from history, these steps take us the Government last visited Mauritius. [170161] towards our goal of having the best diplomatic service in the world. Mark Simmonds: My hon. Friend the Member for The FCO library spaces have now been restored. The East Worthing and Shoreham (Tim Loughton), then books within them mainly comprise the historians’ and Parliamentary Under-Secretary of State for Children legal directorate’s working collections. and Families, visited Mauritius in September 2012 to There are no plans to restore the other material to the attend the 18th Conference for Commonwealth Education FCO. The FCO is confident that all unique and valuable Ministers Stakeholders Forum. We continue to be items were carefully handled, and that King’s College represented by a resident high commissioner in Port London is proving to be an excellent custodian for its Louis. unique historical library collection. This collection is also accessible to staff from across Whitehall, via the Middle East information management department in the FCO. Staff across Whitehall benefit from information services managed locally through departmental libraries. These David T. C. Davies: To ask the Secretary of State for services are co-ordinated through a Committee of Foreign and Commonwealth Affairs (1) what steps his Departmental Librarians, with reciprocal agreements in Department has taken to support recent peace talks place to access each other’s collections. Pre-posting between Israeli and Palestinian leaders; [169779] reading for our diplomats is further complemented by (2) what recent progress has been made on peace relationships with other academic and public libraries. talks between Israel and the Palestinians; and if he will The library at the FCO did not provide information make a statement. [169780] to foreign governments in the settlement of boundary disputes, prior to its closure. Hugh Robertson: I refer my hon. Friend to the statement made by the Secretary of State for Foreign and Libya Commonwealth Affairs, my right hon. Friend the Member for Richmond (Yorks) (Mr Hague) in the House on 8 October 2013, Official Report, columns 25-28. Mr McCann: To ask the Secretary of State for Foreign and Commonwealth Affairs what assessment he has made of the increase in illegal immigration Occupied Territories transiting through Libya since the fall of the Gadaffi regime. [170212] Mr Andrew Smith: To ask the Secretary of State for Foreign and Commonwealth Affairs pursuant to the Hugh Robertson: The British Government closely answer of 12 June 2013, Official Report, column 355W, monitors illegal migration transiting through Libya and on Occupied Territories, when he will publish specific North Africa more broadly. The Home Office gathers human rights guidance for businesses on involvement information from a number of different sources, including with Israeli settlements in the Occupied Palestinian other EU member states and Frontex, in order to assess Territories on the Business Risk Service website. the risk that illegal migration transiting through Libya [169923] poses to the United Kingdom. Throughout 2012, detections of irregular migrants in Hugh Robertson: We are in the process of developing the central Mediterranean region gradually increased, the country specific pages on the Overseas Business reaching an annual total of just over 10,000. Most Risk website, including country specific advice to businesses irregular migrants departed from Libya’s coastal areas on human rights issues, bribery and security (including and primarily originated from sub-Saharan countries. terrorism threat). 545W Written Answers14 OCTOBER 2013 Written Answers 546W

Mr Andrew Smith: To ask the Secretary of State for The UK is committed to upholding and promoting Foreign and Commonwealth Affairs what safeguards international humanitarian law and we are clear that all have been included in bilateral project and programme breaches, including use of rape, should be prosecuted. agreements with Israel to exclude participation from businesses or institutions wholly or partly based in Mr Leech: To ask the Secretary of State for Foreign Israeli settlements in East Jerusalem or the Occupied and Commonwealth Affairs what steps his Department Palestinian Territories. [170148] is taking to work with (a) the UN and (b) international partners to improve access to abortion Hugh Robertson: The Foreign and Commonwealth services for women who have been raped. [170133] Office is not aware of any businesses or institutions based in Israeli settlements participating in bilateral Lynne Featherstone: Tackling violence against women projects and programme agreements. and girls, including ensuring access to services and support for survivors of rape, is a central part of the Pakistan UK’s development policy There are many barriers to the provision of safe abortion services, including legal Andrew Stephenson: To ask the Secretary of State for and policy restrictions and the political, religious and Foreign and Commonwealth Affairs what assessment personal beliefs held by individuals and agencies. DFID’s he has made of the security situation in Peshawar, position is clear: we believe that access to safe abortion Pakistan following recent violence; and if he will make reduces recourse to unsafe abortion and thus saves a statement. [170455] women’s and adolescent girls’ lives. Girls and women must have the right to make their own decisions about Hugh Robertson: Regrettably, Peshawar suffers frequent their sexual and reproductive health and well-being, terrorist attacks directed against a wide range of targets. and be able to choose whether, when and how many Recent attacks, including against a Church, a bazaar, children to have. Our position is consistent with the health workers and police have resulted in a high number benchmark Cairo Programme of Action, agreed at the of casualties. The Foreign and Commonwealth Office 1994 United Nations International Conference on has longstanding advice against all travel to Peshawar. Population and Development. Tackling terrorist groups is a tough battle, and Pakistan We work with a range of partners including the has made great sacrifices in fighting terrorism. The United Nations Population Fund (UNFPA), other bilateral Government continues to work closely with the Pakistani donors and key implementing partners such as the Government to combat this menace, which threatens International Planned Parenthood Federation and Marie the people of both our countries. Stopes International to improve access to safe abortion, including post abortion family planning services, including Piracy for survivors of rape.

Ian Lucas: To ask the Secretary of State for Foreign Redundancy and Commonwealth Affairs what recent discussions he has had with the Mauritian government on joint efforts to reduce piracy in the Indian Ocean. [169813] Jackie Doyle-Price: To ask the Secretary of State for Foreign and Commonwealth Affairs how many staff Mark Simmonds: Government Ministers and officials were made redundant from non-departmental public regularly correspond with Mauritius on maritime security. bodies accountable to his Department in (a) 2010-11, We have a Memorandum of Understanding for the (b) 2011-12 and (c) 2012-13; and how many transfer of suspected pirates, from UK vessels, to Mauritius redundancy payments were made in lieu of notice. for prosecution. We have been working to build the [170351] judicial and penal capacity to enable Mauritius and other regional states to prosecute pirates locally. The Hugh Robertson: The British Council have made the first Mauritian prosecutions of pirates captured by the following compulsory redundancies1. EU Naval Force (EUNAVFOR) are currently taking place. Redundancies Rape 2010-11 15 2011-12 2 Mr Leech: To ask the Secretary of State for Foreign 2012-13 3 and Commonwealth Affairs if he will make it his policy to adopt the international humanitarian law methods There have been no payments in lieu of notice in any of war procedures in respect of acts of rape carried out of the three years. during times of war. [170132] No other non-departmental public bodies (NDPBs) have made any compulsory redundancies in the last Mr Lidington: Use of rape as a method of war is three financial years. clearly prohibited under international humanitarian law. 1 The figures cover UK appointed staff only, figures for locally Furthermore, the UK is committed to the G8 Declaration appointed staff are not held centrally and could be collated only and recent Preventing Sexual Violence Initiative UN at disproportionate cost. General Assembly Declaration, both of which state that rape and other forms of serious sexual violence in Jackie Doyle-Price: To ask the Secretary of State for conflict constitute grave breaches of the Geneva conventions Foreign and Commonwealth Affairs how many staff in and their first protocol. his Department were made redundant in (a) 2010-11, 547W Written Answers14 OCTOBER 2013 Written Answers 548W

(b) 2011-12 and (c) 2012-13; and how many such staff Hugh Robertson: We have seen no credible evidence received payments in lieu of notice. [170369] to suggest that chemical weapons imported by the Gaddafi regime are now in the possession of the Syrian opposition Hugh Robertson: In 2010-11, 131 staff left the Foreign forces. Following the 21 August chemical weapons attack, and Commonwealth Office (FCO), at a cost of the Joint Intelligence Committee stated that there was £15.3 million. 118 of these left under old exit schemes. no credible intelligence or other evidence to substantiate In 2011-12, 89 staff left the FCO, at a cost of £5.3 million. claims that the opposition was responsible for that incident. It concluded that there were In 2012-13, 55 staff left the FCO, at a cost of £4 million. ″no plausible alternative scenarios to regime responsibility.″ Religious Freedom United Arab Emirates Angie Bray: To ask the Secretary of State for Foreign and Commonwealth Affairs if he will assess what implications there may be for his policy of the recent Mr Slaughter: To ask the Secretary of State for report published by the International Humanist and Foreign and Commonwealth Affairs what controls Ethical Union entitled, Freedom of Thought 2012: A there are on arms sold by UK firms to the UAE to Global Report on Discrimination Against Humanists, prevent them being passed on to Egypt. [169866] Atheists and the Non-religious. [170396] Hugh Robertson: All export licence applications are Mr Lidington: Our freedom of religion or belief assessed on a case-by-case basis against the Consolidated policy is consistent with the key message of the International EU and National Arms Export Licensing Criteria in Humanist and Ethical Union’s (IHEU) report: that light of the prevailing circumstances. This includes an international human rights law exists to protect the assessment of the risk of the goods or equipment being rights of individuals to manifest their beliefs, not to re-exported under undesirable conditions (Criterion 7). protect the beliefs themselves. The report records a Exports to the UAE are subject to this assessment. We sharp increase in the number of prosecutions for alleged have no evidence of any UK arms exported to the UAE criticism of religion by atheists on social media. Protecting being diverted to Egypt. freedom of expression online is a priority for the British Government and we have consistently argued against attempts to create a new international standard, in Zac Goldsmith: To ask the Secretary of State for order to protect religions from criticism. Foreign and Commonwealth Affairs what recent consular support his Department has provided to Peter We look forward to the 2013 IHEU report, which, Margetts in Dubai Central Jail. [169937] like their 2012 report, we anticipate will provide useful information to help protect the rights and freedoms of people of all religions or beliefs including those who Hugh Robertson: Consular officials, both at the Foreign have no religion or belief. and Commonwealth Office in London and at the British embassy in Dubai have been providing Mr Margetts Syria with consular assistance since his initial detention. Mr Margetts’ welfare continues to be our main priority and I would like to reassure you that consular officials Ms Ritchie: To ask the Secretary of State for Foreign continue to monitor his case closely and will follow up and Commonwealth Affairs what progress he has made on any welfare concerns. in instituting, with the UNHCR, an immediate programme of emergency humanitarian evacuations from Syria. Consular officials most recently spoke to Mr Margetts [169995] on 8 October. During this call Mr Margetts informed consular officials that he did not need a visit and that he Hugh Robertson: As part of wider contingency planning, would call when he needed assistance. He also requested the UN High Commissioner for Refugees (UNHCR) is that consular officials send a message to your office, actively looking at the possibility of emergency which they have subsequently done. humanitarian evacuations in case of a further serious deterioration in the situations in Syria or Lebanon. The Zac Goldsmith: To ask the Secretary of State for UK is leading international efforts to alleviate human Foreign and Commonwealth Affairs what recent suffering in Syria and has regular meetings with representations he has made to the Government of the representatives of the UNHCR. Our total humanitarian United Arab Emirates on the hunger strike of Peter funding for Syria is now half a billion pounds, the Margetts in Dubai Central Jail. [169938] largest total sum the UK has ever committed to a single crisis. We support the EU plan to establish a Regional Development and Protection Programme that ensures Hugh Robertson: Consular officials, both at the Foreign support is given to the neighbouring countries that need and Commonwealth Office in London and at the British additional help. embassy in Dubai have discussed the hunger strike at regular points with the prison authorities. More widely, Paul Flynn: To ask the Secretary of State for Foreign consular officials continue to monitor his case closely and Commonwealth Affairs what reports he has received and will follow up on any welfare concerns. on whether chemical weapons originally imported by Consular officials most recently spoke to Mr Margetts the Libyan Government under President Gadaffi have on 9 October. He has also requested that consular been identified in the possession of forces opposed to officials update your office, which they have subsequently President Assad in Syria. [170608] done. 549W Written Answers14 OCTOBER 2013 Written Answers 550W

Zimbabwe Jo Swinson: The Department for Business, Innovation and Skills (BIS) spent £2,910.00 on the Carbon Offsetting Steve McCabe: To ask the Secretary of State for Framework (GCOF) in July 2013. This represented Foreign and Commonwealth Affairs what work the 4,279 Certified Emissions Reduction (CER) credits relating Department undertook in the period leading to the to air travel undertaken within the Department during presidential election in Zimbabwe in August 2013 in 2011-12. relation to the voting rights of dual nationals of the Companies House UK and Zimbabwe. [169721] Mark Simmonds: The UK supported the 2013 Stephen Lloyd: To ask the Secretary of State for Zimbabwean constitution making process, which included Business, Innovation and Skills (1) if Companies House progress towards the right to dual nationality through will publish a fully open register which is accessible to its embassy in Harare. The legal position on dual nationality the general public without charge; [169824] under the new Zimbabwean constitution is still being (2) whether Companies House intends to become a established, however, as dual nationality was illegal fully open public register. [169827] under the previous constitution and underlying Citizenship of Zimbabwe Act. Ahead of the elections, we made Michael Fallon: I refer the hon. Member to the answer clear to the Zimbabwean Government and partners I gave to the right hon. Member for Gordon (Sir Malcolm from the Southern Africa Development Community Bruce), on 10 October 2013, Official Report, column our concern over flaws in the preparations for the 364W. elections, particularly concerning the voters roll and key legislative reforms. Stephen Lloyd: To ask the Secretary of State for Business, Innovation and Skills what plans Companies Steve McCabe: To ask the Secretary of State for House has to move towards digital data collection and Foreign and Commonwealth Affairs what discussions publishing. [169825] Ministers or officials of her Department had with their counterparts in Zimbabwe on the voting rights of dual citizens of Britain and Zimbabwe in relation to that Michael Fallon: I refer the hon. Member to the answer I gave to the right hon. Member for Gordon (Sir Malcolm country’s presidential election in August 2013. [169723] Bruce), on 10 October 2013, Official Report, column Mark Simmonds: The UK supported the 2013 364W. Zimbabwean constitution making process, which included progress towards the right to dual nationality through Conditions of Employment its embassy in Harare. The legal position on dual nationality under the new Zimbabwean constitution is still being Alison McGovern: To ask the Secretary of State for established, however, as dual nationality was illegal Business, Innovation and Skills what statistics his under the previous constitution and underlying Citizenship Department is collecting on the number of people of Zimbabwe Act. Ahead of the elections, we made employed on zero-hour contracts as part of its review clear to the Zimbabwean Government and partners of the use of such contracts; at what geographical from the Southern Africa Development Community levels and for which sectors those statistics will be our concern over flaws in the preparations for the collected; and when those statistics will be published. elections, particularly concerning the voters roll and [170537] key legislative reforms. Jo Swinson: The Department for Business, Innovation and Skills (BIS) is not collecting any statistics on zero-hours contracts from employers or individuals as part of its BUSINESS, INNOVATION AND SKILLS review of such contracts. We have, however, considered Carbon Emissions existing information on such contracts. There is no legal definition of zero-hours contracts. David T. C. Davies: To ask the Secretary of State for There are, therefore, a range of different groups of Business, Innovation and Skills how much has been workers who could be considered to be on a zero-hours spent by his Department on offsetting costs for contract (those directly employed by an organisation, energy-related carbon dioxide in the last year for which but not guaranteed any hours of work). These might figures are available. [169502] include casual workers, or temporary agency workers in various relationships with the agency they are engaged Jo Swinson: The Department for Business, Innovation by. and Skills (BIS) does not currently offset any costs for Therefore, if people include different groups within energy related carbon dioxide. However, the Department their statistical estimates, the estimates will differ. These spent £2,910.00 on the Carbon Offsetting Framework differing definitions, as well as differing survey (GCOF) in July 2013. methodologies, have led to the divergence of estimates This represented 4,279 Certified Emissions Reduction for the number of zero-hours workers. (CER) credits relating to air travel undertaken within As part of its review, BIS looked at statistics from a the Department during 2011-12. number of published sources, the main estimates from David T. C. Davies: To ask the Secretary of State for which are set out below: Business, Innovation and Skills how much his Department On 26 July this year, the Office for National Statistics spent on the Government Carbon Offsetting Framework (ONS) provided new estimates of the number of people in the latest year for which figures are available. [169857] who believe that they are working on zero-hours contracts 551W Written Answers14 OCTOBER 2013 Written Answers 552W using data from the labour force survey. These figures The first survey was targeted at payday lending customers estimated that 250,000 people worked on zero-hours and we received over 4,000 replies. The second survey contracts in the 4th quarter of 2012. was aimed at payday lenders and 44 lenders responded. The labour force survey includes responses from around On 3 October, BIS published a report setting out the 42,000 households and 100,000 people each quarter. It findings of the survey. This report can be found at: is the main source of labour market data for government https://www.gov.uk/government/publications/payday-lending- and other analysis. It records information from the research-reports perspective of the individual and/or household, and The report confirms that, overall, most payday lenders therefore relies on the individual’s awareness of their are failing to comply with the key provisions of the employment status and their workplace. charter and codes of practice. On none of the key On 5 August, CIPD published results of a YouGov/CIPD measures tested do consumers say that industry is complying survey of 1,034 HR professionals. Based on the survey fully. There were particularly poor customer responses results, CIPD said that when it came to some key features of payday loans, “there could be about 1 million workers on zero hours contracts notably on rollovers and the use of continuous payment in the UK”1. authority and also when it came to how lenders treat The survey suggested that 19% of employers employed consumers struggling to repay their loans. Consumers people on zero-hours contracts. Among these employers, generally rated smaller lenders less well than larger the survey suggested that a mean average of 16% of lenders in living up to the code commitments. employees were on zero-hours contracts. As details of The results of the surveys show that self-regulation in the methodology used to carry out the survey and the payday sector has not been working across the conduct the analysis are not readily available, it is not board. The Government strongly welcomes the tough possible to properly assess the robustness of the results. new rules announced by the FCA on 3 October: The Trade Union Unite reported on 8 September that http://www.fca.org.uk/news/firms/consumer-credit-detail an independent survey involving 5,000 of its members They will provide targeted interventions to address the in the private sector found that 22% of respondents key problems highlighted in our report—with new rules were on zero-hours contracts. in the regulation of advertising, affordability checks, Again, information made available does not enable a rollovers, and use of continuous payment authority. complete assessment of the robustness of the results, or their applicability to the work force in general. Dietary Supplements Skills for Care (the partner in the sector skills council for social care) estimates that 307,000 adult social workers in England were employed on zero-hours contracts in Mr Virendra Sharma: To ask the Secretary of State May 2013.12 zero-hours contracts are particularly common for Business, Innovation and Skills which food for staff in domiciliary care services. 61% of domiciliary supplements have been introduced into the UK under care workers in England were employed on zero-hours mutual recognition since 2005. [170244] contracts in September 2011, compared to 30% of all adult social care workers. Michael Fallon: The UK does not have a registration On 22 August, the ONS announced that from autumn requirement for food supplements, whether introduced 2013 it would collect information on zero-hours contracts under mutual recognition or not. directly from employers on a quarterly basis using one of its large scale employer surveys. The first estimates from this source of the number employed on zero-hours Employment Tribunals Service contracts will be available in early 2014. Some of these sources publish information at regional Mr Buckland: To ask the Secretary of State for Business, and broad sector level, depending on what is considered Innovation and Skills whether the Government has any appropriate by the organisation responsible for the statistics. further plans to introduce measures to reduce the number 1 CIPD, zero-hours contracts more widespread than thought, of vexatious employment tribunal claims. [170172] CIPD press release, 5 August 2013 at: http://www.cipd.co.uk/pressoffice/press-releases/zero-hours- Jo Swinson: The Government has made a number of contracts-more-widespread-thought-050813.aspx changes recently to the employment tribunal system to address weak or vexatious claims. Following Lord Justice Credit: Interest Rates Underhill’s review of the employment tribunal rules of procedure, judges now have enhanced powers to apply deposit orders on weak elements of claims. An initial Sarah Teather: To ask the Secretary of State for sift process, conducted by judges has also been introduced Business, Innovation and Skills what assessment he has to help identify and manage weak claims earlier in made of the effectiveness of the revised codes of practice proceedings. In addition, claimants now have to pay a of the trade associations representing the payday and fee to bring an employment tribunal case. Fees will help short-term loan industry published on 25 July 2012. claimants consider whether alternative forms of dispute [170490] resolution, such as the free conciliation service provided by ACAS, are more appropriate for resolving workplace Jo Swinson: The Department for Business, Innovation disputes. From next year, claimants will be required to and Skills carried out two surveys over the summer to contact ACAS in the first instance and consider early test how well payday lenders have been complying with conciliation before being able to proceed to an employment their customer charter and improved codes of practice. tribunal. 553W Written Answers14 OCTOBER 2013 Written Answers 554W

Both the changes to the employment tribunal process UKTI is supporting delivery of the Department for were implemented on 29 July this year. Early conciliation Communities and Local Government enterprise zone will be introduced on 6 April 2014. Government will action plans by working with enterprise zones to identify need to monitor and evaluate the effect of these changes specific actions to enable them to increase their attractiveness before considering any further action. to foreign investors; for example, to articulate clearly their assets to investors in relation to those sectors in EU Grants and Loans which they have the potential to compete for inward investment, and to benchmark their sectoral offer against other European locations. Mr Watts: To ask the Secretary of State for Business, Innovation and Skills if he will set out full details of the methodology and indicators used by his Department to Fossil Fuels allocate EU structural funds to UK regions between 2005 and 2010. [169753] Caroline Lucas: To ask the Secretary of State for Business, Innovation and Skills what assessment he has Michael Fallon: Prior to 2007 EU Structural Funds made of the implications for the policy of the Natural came under the 2000 to 2006 period for allocations. We Environment Research Council on funding for fossil do not have any information on the allocations methodology fuel exploration and extraction of the findings of used for this period. Working Group 1 of the Intergovernmental Panel on The period from 2007 to 2010 is covered by the 2007 Climate Change, published on 27 September 2013, on to 2013 period for allocations. Allocations for 2007-13 the upper limits on the amount of cumulative carbon were made in respect to the EU budget categories of: dioxide emissions from anthropogenic sources Convergence regions (i.e. poorest regions, West Wales and compatible with limiting global warming to below two Cornwall) degrees celsius global temperature rise; and if he will Phasing Out (of Convergence) regions (i.e. graduating out of make a statement. [170255] being poorest, Highlands and Islands) Phasing In (to Competitiveness) regions (i.e. in transition to Mr Willetts: The Natural Environment Research Council enjoying GDP levels in line with the EU average) (NERC) funds research in environmental science, including Competitiveness regions (i.e. other areas which were relatively research in hydrocarbons and energy, as laid out in its wealthy in relation to the regions in the other categories) Further Supplemental Charter of July 2003. NERC 1. All regions of the UK which fell into the Convergence (i.e. science provides the knowledge, skills, technology and Cornwall and West Wales), Phasing Out (i.e. Highlands and innovation that helps deliver sustainable economic growth Islands) and Phasing In categories (i.e. Merseyside and South and public wellbeing. Yorkshire) all received an allocation according to the EU’s formula for those regions for 2007-13. NERC-funded UK environmental scientists constitute 2. Allocations to all other wealthier (i.e. Competitiveness) over 10% of the authors quoted in the findings of areas outside of the ‘special status’ regions were based on a Working Group 1 of the Intergovernmental Panel on UK-determined basket of indicators—including population, R&D Climate Change. spend, business start-up rate, academic qualification rates, GVA per capita and the level of worklessness. Hibu 3. A safety net was also applied to Competitiveness areas, based on 2000-06 allocations in order to curtail any sharp reductions. This was set at 20% for ESF and 6.7% for ERDF. Mr Gregory Campbell: To ask the Secretary of State 4. The combination of the Government’s application of a for Business, Innovation and Skills what representations basket of indicators and a safety net had the effect of directing he has received in respect of Hibu following suspension relatively high levels of funding to northern areas outside Merseyside of its shares in July 2013. [170415] and South Yorkshire compared to some southern areas facing similar economic profiles. This was in recognition of the greater development challenges faced by the north. These disparities have Jo Swinson: The Department for Business, Innovation not dramatically changed in the past seven years. and Skills has received 27 items of correspondence in Due to a judicial review brought by interested local respect of Hibu, which officials have forwarded to the authorities in Merseyside and South Yorkshire we are Insolvency Service. The Insolvency Service has discretionary unable to provide further details at present but I will powers under the Companies Act to conduct enquiries write to the hon. Member as soon as possible. A copy of on behalf of the Secretary of State where it appears that my letter will be placed in the Libraries of the House. there has been misconduct in relation to the affairs of any company, including those not subject to formal insolvency. In order to maintain confidentiality and to Foreign Investment in UK avoid prejudicing any potential court proceedings the Insolvency Service is not able to confirm whether an Mark Menzies: To ask the Secretary of State for investigation of a particular company is taking place. Business, Innovation and Skills what steps he has taken to ensure that UK Trade and Investment continues its Higher Education: Admissions work on maximising inward investment in enterprise zones. [170110] Mr Frank Field: To ask the Secretary of State for Michael Fallon: UK Trade and Investment (UKTI) Business, Innovation and Skills what assessment he has launched a web-based platform to showcase the sectoral made of the effects of the abolition of the national offers of enterprise zones to inward investors on 20 scholarship programme on widening access to higher September 2013. education in England. [170147] 555W Written Answers14 OCTOBER 2013 Written Answers 556W

Mr Willetts: The Government has been very clear According to the Office for Fair Access, institutions about the importance of widening participation and currently estimate that they will spend £685 million in improving fair access in higher education—all those 2014-15 on measures to widen access for students from with the ability have access to higher education, irrespective disadvantaged groups through their access agreements. of family income. In 2015-16 institutions estimate that they will spend The Government is establishing a new framework, £694 million. with increased responsibility placed on universities to widen participation. This includes arrangements for annual access agreements. Universities plan to spend Higher Education: Finance over £700 million in 2017-18 on measures to widen participation through their access agreements. Mr Denham: To ask the Secretary of State for To make sure that we are doing everything possible to Business, Innovation and Skills if he will estimate widen participation and promote fair access BIS Ministers expenditure on (a) Higher Education Funding Council asked the Higher Education Funding Council for England for England teaching grants, (b) maintenance grants, (HEFCE) and the Office for Fair Access (OFFA) to (c) Resource Accounts and Budgetary charges for develop a shared strategy for access and student success tuition fee loans and (d) RAB charges for maintenance which will include advice to ensure we achieve the loans for (i) 2014-15 and (ii) 2015-16. [170186] maximum impact from spending by Government, HEFCE and institutions. HEFCE and OFFA are due to deliver Mr Willetts: Estimates of expenditure will be available the strategy in autumn 2013. An interim report was later this year. Estimated costs for 2015-16 are subject published on 7 March. to final decisions on Spending Review allocations. Independent evaluation has shown that that there is a low awareness of the National Scholarship Programme. In addition, it was found to have limited impact on Higher Education: Student Numbers students’ decision making because funding is not generally guaranteed at the point of application to university. Mr Denham: To ask the Secretary of State for As part of the spending review, in June 2013 the Business, Innovation and Skills how many (a) Government announced that, from 2015-16, the National UK-domiciled and (b) England-domiciled students at Scholarship Programme will be refocused to provide higher education institutions studied (i) full-time and support to postgraduate students from disadvantaged (ii) part-time in each of the last five years. [170189] backgrounds. The £50 million fund will be administered by HEFCE. They will allocate the money competitively to higher education institutions, and will attract additional Mr Willetts: The Higher Education Statistics Agency scholarship funding from the private sector or from the (HESA) collects and publishes information on students institutions’ own resources. at UK Higher Education Institutions (HEIs). Information on the number of full and part-time enrolments is Mr Denham: To ask the Secretary of State for Business, provided in the following table. Innovation and Skills if he will estimate expenditure on Information for the 2012-13 academic year will become (a) widening participation grant, (b) National Scholarship available from the Higher Education Statistics Agency Programme and (c) widening access as required by in January 2014. Office for Fair Access in 2014-15 and 2015-16. [170187] Enrolments1 by domicile2 and mode of study: UK higher education institutions academic years 2007-08 to 2011/12 Mr Willetts: From 2013-14, HEFCE introduced a Full-time Part-time new, variable, targeted allocation for student opportunity. English All UK English All UK This replaces the separate allocations previously provided domicile domiciles domicile domiciles for widening participation and improving retention. 2007-08 986,690 1,201,975 623,915 762,340 The new Student Opportunity Fund contains an element 2008-09 1,015,910 1,234,150 654,075 792,935 for widening access to higher education for people from 2009-10 1,068,025 1,292,460 660,240 795,160 disadvantaged backgrounds. The amounts set aside for 2010-11 1,087,255 1,312,295 632,175 760,775 the Fund and its constituent elements are decided annually 2011-12 1,121,010 1,344,810 596,830 716,600 by HEFCE following receipt of the annual grant letter Notes: from the Secretary of State. The Student Opportunity 1. Enrolments refer to students in all years of study. 2. Domicile refers to a student’s permanent or home address prior to entry to Fund is £332 million in 2013-14. The 2014-15 allocation their course. will be determined later in the year. 3. Figures are based on a HESA standard registration population and have been rounded up or down to the nearest multiple of five, so components may not sum In 2013-14, an estimated £200 million will be spent to totals. on the National Scholarship Programme. The Government’s Source: contribution is £100 million, with the rest being provided Higher Education Statistics Agency through match funding from universities. Allocations for the 2014-15 National Scholarship Programme will Migration Observatory be confirmed in due course. Following the spending review in June 2013, the Government announced that, from 2015-16, the National Scholarship Programme Mr Frank Field: To ask the Secretary of State for would no longer provide support to undergraduate Business, Innovation and Skills for what reasons his students. It would be re-focused and become a £50 million Department provided indirect funding to the Migration programme providing support to postgraduate students Observatory in each year since 2010; and if he will make from disadvantaged backgrounds. a statement. [170250] 557W Written Answers14 OCTOBER 2013 Written Answers 558W

Mr Willetts: The Migration Observatory is a website Letter from Director, Head of Operations, dated October based at COMPAS located at the University of Oxford, 2013: funded by Unbound Philanthropy, the Barrow Cadbury As Director General for the Office for National Statistics, I Trust and the Economic and Social Research Council have been asked to reply to your Parliamentary Question, how (ESRC). many workers in the (a) rail, (b) maritime and (c) offshore oil and As a non-departmental public body established by gas industry are currently classified as self-employed. Royal Charter in 1965, ESRC receives most of its The requested information is not available. Estimates of people funding through the Department of Business, Innovation who are self-employed are available from the labour Force Survey but the sample size prevents reliable estimates being produced at and Skills. The ESRC’s role is to promote and support, the level of detail requested. by any means, high-quality basic, strategic and applied research in the social sciences, and to provide advice on, Overseas Trade: Ethiopia disseminate knowledge of and promote public understanding of, the social sciences. Under the Haldane Zac Goldsmith: To ask the Secretary of State for Principle BIS is content for ESRC to determine how Business, Innovation and Skills what recent support the best to apply its funding to projects such as the Migration (a) Export Credits Guarantee Department and (b) Observatory and the ESRC is satisfied that COMPAS is UK Trade & Investment have given to UK companies fully in accord with ESRC responsibilities and remit that wish to do business in Ethiopia. [169795] under its Royal Charter. Michael Fallon: In recent years UK Trade & Investment Offshore Industry has provided a range of services for UK companies that wish to do business in Ethiopia. These include undertaking Alex Cunningham: To ask the Secretary of State for market research, finding potential agents and distributors, Business, Innovation and Skills (1) what recent estimate organising visit programmes and events at our embassy, he has made of the number of workers in the offshore providing strategic advice on investments, and arranging oil and gas industry who are currently employed on programmes for trade missions. From April 2012 to zero-hours contracts; [170654] March 2013 UKTI Ethiopia assisted over 200 UK (2) what recent estimate he has made of the number companies. of workers in the offshore oil and gas industry who are In the past five years UK Export Finance (formally employed using daily agreements with (a) employers Export Credits Guarantee Department) has not provided and (b) employment agencies. [170655] any support for exports to Ethiopia. Performance Appraisal Mr Hurd: I have been asked to reply on behalf of the Cabinet Office. Mrs Lewell-Buck: To ask the Secretary of State for The information requested falls within the responsibility Business, Innovation and Skills what proportion of (a) of the UK Statistics Authority. I have asked the authority disabled and (b) all other staff employed by his Department to reply. received each level of performance rating in their end of Letter from Director, Head of Operations: year performance assessment for 2012-13. [170471] As Director General for the Office for National Statistics, I have been asked to reply to your Parliamentary Questions: Jo Swinson: The proportion of disabled and all other (i) what recent estimate he has made of the number of workers staff receiving each level is not yet available as some in the offshore oil and gas industry who are currently employed data is yet to be received and analysed. The information on zero hours contracts (170654); and will be published as soon as possible on: (ii) what recent estimate he has made of the number of workers http://data.gov.uk/dataset/bis-staff-performance-markings in the offshore oil and gas industry who are employed using daily agreements with (a) employers and (b) employment agencies. It will be difficult to provide a complete answer to (170655) question (a) as declaration rates of diversity information The requested information is not available. Estimates of people are currently very low. BIS HR are working to identify in employment on zero hours contracts are available from the ways to address this and encourage staff to complete Labour Force Survey but the sample size prevents reliable estimates their diversity information. being produced for individual industry sectors. Information on people who are employed using daily agreements is not collected. Redundancy According to the ONS Business Register and Employment Survey, the total number of people in the UK employed in businesses Jackie Doyle-Price: To ask the Secretary of State for whose main activity is the extraction of crude petroleum and/or Business, Innovation and Skills how many staff in his natural gas was estimated to be 15,600 as at September 2012. Department were made redundant in (a) 2010-11, (b) (c) Alex Cunningham: To ask the Secretary of State for 2011-12 and 2012-13; and how many such staff Business, Innovation and Skills how many workers in received payments in lieu of notice. [170360] the (a) rail, (b) maritime and (c) offshore oil and gas industry are currently classified as self-employed. Jo Swinson: The following table shows the number of staff in Business, Innovation and Skills (BIS) who were [170657] made redundant and the number who received payment Mr Hurd: I have been asked to reply on behalf of the in lieu of notice. Cabinet Office. Number of payments The information requested falls within the responsibility Number of exits made in lieu of notice of the UK Statistics Authority. I have asked the authority 2010-11 330 0 to reply. 559W Written Answers14 OCTOBER 2013 Written Answers 560W

Department has made of the effects of including the Number of payments Number of exits made in lieu of notice Postcode Address File in the privatisation of Royal Mail on businesses and public bodies. [170252] 2011-12 204 6 2012-13 16 1 Michael Fallon: The Government has ensured access The figures above also include those who left on to the Postcode Address File (PAF) through primary voluntary exit schemes. legislation. The Postal Services Act 2000 (as amended by the Postal Services Act 2011) specifies that PAF must These paid exits were necessary in order to achieve be made available to anyone who wishes to use it on the significant reduction in headcount as part of the reasonable terms. This will continue to apply regardless Department’s restructuring since 2010 so that the of Royal Mail’s ownership. organisation can become smaller, more flexible and more focused on priorities. This has resulted in reduced The Government and Royal Mail have previously total pay costs which are delivering year on year savings. announced the intention to introduce a PAF Public Sector Licence to cover all uses of PAF by the Public Royal Mail Sector. Royal Mail recently consulted on proposed changes to the PAF licensing regime and is currently considering Hywel Williams: To ask the Secretary of State for the responses. The resulting changes to the licensing Business, Innovation and Skills how much will be paid regime will help identify the future direction of the PAF in fees by the Government for all aspects relating to the Public Sector Licence discussions and work. stock market flotation of Royal Mail; and what estimate he has made of how such money will be spent. Chris Ruane: To ask the Secretary of State for [169883] Business, Innovation and Skills what discussions he has had with Welsh Government Ministers on the Michael Fallon: The Government’s estimated fees privatisation of the Royal Mail. [170438] were set out in the Royal Mail Prospectus as follows: Michael Fallon: We have had no discussions with £ million Welsh Government Ministers on the sale of Royal Mail. Students Transaction advisory and retail offer expenses including 10.3 intermediaries commission Underwriting fees 11.4 Mr Denham: To ask the Secretary of State for Stamp duty 6.8 Business, Innovation and Skills how many and what Total 28.5 proportion of English domiciled students at English higher education institutions were aged (a) under 22, Total (without stamp duty) 21.7 (b) 22 to 25, (c) 26 to 30 and (d) over 30 in each year since 2001. [169717] The final figure will depend on the offer size and the offer price. Mr Willetts: The Higher Education Statistics Agency In setting the fees for the banks that are managing the (HESA) collects and publishes information on students Initial Public Offering (IPO), the Government has taken at UK higher education institutions (HEIs). Information an aggressive approach to ensuring good value for the on the number and proportion of undergraduate English UK taxpayer. The underwriters’ fee, at 1.2%, is less domiciled students enrolled in full-time higher education than half that of the most recent privatisation, QinetiQ, at English HEIs by age is provided in the following conducted under the last Government. table. Information for the 2012/13 academic year will become Richard Burden: To ask the Secretary of State for available from the Higher Education Statistics Agency Business, Innovation and Skills what assessment his in January 2014.

English domiciled1 full-time undergraduate enrolments2 by age. English higher education institutions. Academic years 2001/02 to 2011/12

Under 22 years 22 to 25 years 26 to 30 years Over 30 years Known ages

Unspecified Number Percentage Number Percentage Number Percentage Number Percentage Total or missing

2001/02 548,950 74 91,920 12 35,025 5 63,425 9 739,320 220

2002/03 563,460 73 101,480 13 35,480 5 67,965 9 768,390 240

2003/04 572,135 73 107,070 14 36,380 5 72,205 9 787,785 355

2004/05 582,230 72 109,315 14 37,395 5 74,330 9 803,275 185

2005/06 604,810 73 110,330 13 39,350 5 75,840 9 830,330 240

2006/07 614,295 73 108,875 13 39,815 5 72,835 9 835,820 65

2007/08 629,600 74 112,895 13 40,775 5 70,925 8 854,195 45

2008/09 651,385 74 115,730 13 42,400 5 70,125 8 879,640 40

2009/10 683,470 74 119,850 13 44,185 5 71,155 8 918,655 35 561W Written Answers14 OCTOBER 2013 Written Answers 562W

English domiciled1 full-time undergraduate enrolments2 by age. English higher education institutions. Academic years 2001/02 to 2011/12 Under 22 years 22 to 25 years 26 to 30 years Over 30 years Known ages Unspecified Number Percentage Number Percentage Number Percentage Number Percentage Total or missing

2010/11 697,705 75 124,185 13 44,305 5 69,415 7 935,615 10 2011/12 730,370 76 123,845 13 43,460 5 67,790 7 965,465 10 1 Domicile refers to a student’s permanent or home address prior to entry to their course. 2 Enrolments refer to students in all years of study. Note: Figures are based on a HESA standard registration population and have been rounded up or down to the nearest multiple of five, so components may not sum to totals. Percentages are calculated from unrounded figures based on data where ages are known. Source: Higher Education Statistics Agency

Mr Denham: To ask the Secretary of State for Business, (SLC). Data relating to non-English domiciled students Innovation and Skills how many (a) UK domiciled and is available from the respective administrations. (b) English domiciled students received (i) maintenance The data includes students at all types of higher grants and (ii) loans and were (A) living at home and education provider designated for student support, which (B) living away from home in each year since 2001. includes further education colleges and alternative providers [169719] of higher education. Statistics prior to 2004/05 are not available. Mr Willetts: Statistics on the number of English domiciled students who were awarded maintenance loans Statistics on student support awards and payments and grants by whether they were living with their parents are published annually by the Student Loans Company. or elsewhere are shown in the following tables. The Final figures for the academic year 2012/13 will be figures are provided by the Student Loans Company available from November 2013.

Maintenance loan awards1 to student support applicants by term time residency. English domiciled applicants. Academic years 2007/08 to 2011/12 Number of applicants (thousand) Academic year Living with parents Living elsewhere Combined Unknown Total

2004/05 129.3 528.1 2.8 36.4 696.6 2005/06 134.8 584.9 4.0 — 723.8 2006/07 131.6 595.3 3.8 — 730.8 2007/08 129.6 616.5 4.0 — 750.2 2008/09 130.6 640.6 4.4 — 775.5 2009/10 143.5 679.6 4.3 — 827.5 2010/11 143.1 714.3 5.0 — 862.3 2011/12 150.2 756.5 5.7 — 912.4 1 Data refer to awards recorded by October 2013 and are therefore higher than the awards statistics presented in the Statistical First Release “Student Support for Higher Education in England”, which makes mid-academic-year comparisons of student support awards. Source: Student Loans Company. Maintenance grant awards1 to student support applicants by term time residency. English domiciled applicants. Academic years 2007/08 to 2011/12 Number of awarded applicants (thousand) Academic year Living with parents Living elsewhere Combined Unknown Total

2004/05 28.7 63.1 0.5 7.6 99.8 2005/06 55.2 136.2 1.2 — 192.7 2006/07 86.5 229.3 1.8 — 317.6 2007/08 101.2 289.5 2.2 — 392.8 2008/09 120.0 370.4 2.8 — 493.2 2009/10 128.7 413.2 2.7 — 544.6 2010/11 125.3 425.7 2.9 — 553.9 2011/12 129.3 444.4 3.5 — 577.2 2012/13 130.2 444.8 3.7 — 578.6 1 Data refer to awards recorded by October 2013 and are therefore higher than the awards statistics presented in the Statistical First Release “Student Support for Higher Education in England”. Source: Student Loans Company.

Mr Denham: To ask the Secretary of State for students enrolled in full-time higher education at English Business, Innovation and Skills how many full-time HEIs is provided in the table. students at English higher education institutions were (a) living away from home and (b) living at home in Information for the 2012/13 academic year will become each of the last 10 years. [169720] available from the Higher Education Statistics Agency in January 2014. Mr Willetts: The Higher Education Statistics Agency (HESA) collects and publishes information on students at UK higher education institutions (HEIs). Information on the term-time living arrangements of English domiciled 563W Written Answers14 OCTOBER 2013 Written Answers 564W

English domiciled full-time enrolments1 by term-time living arrangements English higher education institutions, academic years 2002/03 to 2011/12 Undergraduates All enrolments Students Students Students Students living with living away living with living away parents2 from home3 Other4 Total parents2 from home3 Other4 Total

2002/03 153,780 539,460 75,385 768,625 165,550 603,165 85,480 854,195 2003/04 160,085 545,650 82,405 788,140 173,040 612,305 91,660 877,005 2004/05 168,885 567,820 66,750 803,455 181,645 634,455 75,650 891,750 2005/06 178,565 594,215 57,790 830,570 192,170 664,500 65,570 922,240 2006/07 178,965 605,160 51,760 835,885 192,580 676,220 58,285 927,085 2007/08 195,600 595,405 63,235 854,240 210,695 659,775 73,005 943,475 2008/09 202,105 609,485 68,090 879,680 218,380 677,825 76,435 972,640 2009/10 223,970 632,520 62,200 918,690 244,620 706,940 70,960 1,022,520 2010/11 227,025 649,065 59,535 935,625 248,395 723,340 68,020 1,039,755 2011/12 237,265 671,945 56,270 965,480 259,385 748,010 63,500 1,070,895 1 Enrolments refer to students in all years of study. 2 Students who report term-time accommodation as living with parent(s) or guardian(s). 3 Students living in own home, other rented accommodation, private-sector halls of residence or in an institution-maintained property. 4 Term-time accommodation is unknown, missing, unspecified or simply the student is not in attendance at the institution during the reported academic year. Note: Figures are based on a HESA standard registration population and have been rounded up or down to the nearest multiple of five, so components may not sum to totals. Source: Higher Education Statistics Agency

Students: Fees and Charges Students: Finance

Mr Denham: To ask the Secretary of State for Business, Innovation and Skills what estimate he has made of the average fee charged by English higher education institutions Mr Denham: To ask the Secretary of State for Business, in (a) 2012-13 and (b) 2013-14 (i) including the effect Innovation and Skills how many (a) UK-domiciled of reduced fees and bursaries and (ii) excluding the and (b) England-domiciled students received (i) effect of reduced fees and bursaries. [170522] maintenance grants only, (ii) maintenance loans only and (iii) maintenance grants and loans in each of the Mr Willetts: The Office for Fair Access (OFFA) last five years. [170188] publishes estimates of the average full-time undergraduate tuition fee level at English Higher Education Institutions and Further Education Colleges for people starting their courses in September 2012 or later. Mr Willetts: Statistics on the number of English domiciled students who were awarded maintenance loans Estimated average fees per new system full-time student in 2012-13 and 2013-14 and grants are shown in the table. The figures are Average fee (£) Average cost after all institutional financial support collected by the Student Loans Company (SLC). Data (£)1 relating to non-English domiciled students is available 2012-13 2013-14 2012-13 2013-14 from the respective administrations.

HEIs2 8,527 8,619 7,894 7,959 The data includes students at all types of higher FECs 6,836 6,861 6,352 6,356 education provider designated for student support, which with access includes further education colleges and alternative providers agreements of higher education. All FECs3 6,333 6,398 6,140 6,118 Total 8,414 8,499 7,803 7,860 Statistics on student support awards and payments 1 ’Institutional financial support includes fee waivers, bursaries, scholarships are published annually by the Student Loans Company. and other in-kind support offered under access agreements. Final figures for the academic year 2012/13 will be 2 All English Higher Education Institutions. available from November 2013. 3 All English Further Education Colleges. Only institutions that charge tuition fees above the basic fee threshold to home and EU students (£6,000 for full- time new system students) are required to have access agreements and provide OFFA with fee level data. OFFA’s analysis assumes a flat fee of £6,000 for those FECs without access agreements. Note: Information on institutional fee levels for both years is available from; http://www.offa.org.uk/wp-content/uploads/2013/07/2013-04-Access- agreements-2014-15.pdf http://www.offa.org.uk/wp-content/uploads/2012/10/OFFA-2012.07-access- agreement-2013-14-doc-FINAL-FOR-WEB.pdf

Maintenance Awards1 to Student Support Applicants, English domiciled applicants, academic years 2007/08 to 2011/12 Number of awarded applicants (000) Received both Maintenance Grant and Academic Year Received Maintenance Grant Only Received Maintenance Loan only Maintenance Loan

2007/08 1.2 441.8 386.5 2008/09 1.5 377.9 486.9 565W Written Answers14 OCTOBER 2013 Written Answers 566W

Maintenance Awards1 to Student Support Applicants, English domiciled applicants, academic years 2007/08 to 2011/12 Number of awarded applicants (000) Received both Maintenance Grant and Academic Year Received Maintenance Grant Only Received Maintenance Loan only Maintenance Loan

2009/10 1.6 377.3 536.5 2010/11 2.0 394.1 547.5 2011/12 1.3 407.9 574.4 1 Data refer to awards recorded by the November following the end of the academic year and are therefore higher than the Awards statistics presented in the Statistical First Release ‘Student Support for Higher Education in England’, which makes mid-academic-year comparisons of student support awards. Source: Student Loans Company

Students: Loans (3) how many traders were given a restricted sales order as a result of being caught selling tobacco to (a) (b) Mr Denham: To ask the Secretary of State for children in Pendle constituency, Lancashire (c) [169522] Business, Innovation and Skills what recent estimate he and the UK in each of the last three years; has made of the RAB change to be applied to student (4) how many shops were given a restricted premises loans for students commencing studies in 2013-14. order as a result of being caught selling tobacco to [169718] children in (a) Pendle constituency, (b) Lancashire and (c) the UK in each of the last three years. [169523] Mr Willetts: The RAB charge for new students Jo Swinson: Tobacco enforcement in England, Scotland commencing their studies in 2013/14 is currently expected and Wales is undertaken by local authority trading to be around 35%. standards services and in Northern Ireland by local authority environmental health officers. The Trading Tobacco: Children Standards Institute (the professional body representing trading standards professionals) commissioned a survey of tobacco control activity carried out by English authorities Andrew Stephenson: To ask the Secretary of State for for 2012-13 (on behalf of the Department of Health). Business, Innovation and Skills (1) how many traders Similar surveys are conducted in Scotland, Wales and were found to be selling tobacco to children in (a) Northern Ireland. Pendle constituency, (b) Lancashire and (c) the UK in The following table shows the number of businesses each of the last three years; [169520] (independent newsagents; small retailers; petrol station (2) how many shops were found to be selling tobacco kiosks; off licences; large retailers; national newsagents) to children in (a) Pendle constituency, (b) Lancashire found to be selling tobacco to young people under the and (c) the UK in each of the last three years; [169521] age of 18 years (ie tobacco sold to the young volunteer).

2012-13 2011-12 2010-11

England 506 failures from 4,477 retailers1 n/a2 770 failures from 4,577 retailers Scotland 241 failures from 1,408 retailers 291 failures from 1,468 retailers 267 failures from 1,735 retailers Northern Ireland 206 failures from 1,408 retailers (three year total) Wales n/a3 57 failures from 536 retailers 74 failures from 518 retailers Lancashire 48 failures from 493 retailers 33 failures from 291 retailers 30 failures from 223 retailers Pendle 5 failures from 35 retailers 6 failures from 29 retailers 3 failures from 22 retailers 1 Tested for compliance. 2 No survey carried out in 2011-12. 3 Data is still being collected Sources: Trading Standards Institute; Trading Standard North West; Society of Chief Officers of Trading Standards in Scotland (SCOTSS), the Wales Heads of Trading Standards and Northern Ireland the Tobacco Task Group (comprised of lead Environmental Health Officers).

Retailers found to be selling tobacco products to (one awarded). Data on the localities of the RPO/RSO under age buyers are liable to prosecution or caution awards for 2010-11 is not held centrally. under the section 7 of the Children and Young Persons Act 1933 as amended by the Children and YoungPersons There have been no RSO or RPOs in Wales in the last (sale of tobacco) order 2007. three years. In England in 2012-13 local authorities applied for In Scotland, the equivalent enforcement mechanism four restricted sales orders (RSO)—two of which were is a Banning Order. These can be issued to any tobacco granted by the court—and two restricted premises orders premises that are the subject of three or more fixed (RPO)—neither of which were granted. I will write to penalty notices or prosecutions, with one occurring at the hon. Member with details of the locations of the least two months before the Banning Order application. two RSO orders shortly, and place a copy of the letter Fixed penalty notices were first introduced in Scotland in the Libraries of the House. on 1 April 2011 for most tobacco related offences. Data on RSO and RPO outcomes in England for There were 212 fixed penalty notices in 2011/12 of 2011-12 is not recorded. In 2010-11 local authorities which 202 were for the sale of tobacco to a person applied for four RPOs (three awarded) and two RSOs under 18 years old. In 2012/13 there were 285 fixed 567W Written Answers14 OCTOBER 2013 Written Answers 568W penalty notices issued of which 269 were for the sale of Rushanara Ali: To ask the Secretary of State for tobacco to a person under 18 years old. The first International Development what representations she banning order was issued in 2012/13 in South Ayrshire. has made to her Burmese counterparts to make The Northern Ireland Assembly has issued a draft education and healthcare a priority in Kachin State. Tobacco Retailers Bill which will strengthen sanctions [170168] against retailers who sell tobacco products to children. The Bill, which is currently at Committee Stage, contains Mr Duncan: The UK provides substantial support to proposals that would allow for a restricted sales order health and education programmes in Burma, which has to be applied to an individual, and/or a restricted premises helped form significant links with influential stakeholders order to be applied to a premise. The Bill also proposes in these sectors, including with government. Through the introduction of a Fixed Penalty Notice Scheme for our representations to the Burmese Government we retailers caught selling to underage children. have helped secure agreement to include Kachin State Of the 206 failures cited above, 70 retailers were in these programmes. The UK has also lobbied, with successfully prosecuted at local magistrates courts. An other donors, for the Government to grant permission additional 83 formal cautions were accepted. for the UN and non-governmental organisations to carry out missions to areas of Kachin which are not under government control. These were able to provide relief assistance, including health and education materials, to 22,000 displaced people. INTERNATIONAL DEVELOPMENT

Burma Carbon Emissions

Rushanara Ali: To ask the Secretary of State for David T. C. Davies: To ask the Secretary of State for International Development what steps her Department International Development how much her Department has taken to prevent (a) sexual violence, (b) human spent on the Government Carbon Offsetting trafficking and (c) further victimisation and abuse of Framework in the latest year for which figures are women and girls in Kachin State, particularly along the available. [169863] Burma-China border. [170166] Lynne Featherstone: Latest available figures show DFID’s Mr Duncan: In June we announced £13.5 million of offset at 17,270 tonnes of carbon in 2011-12 at a cost of humanitarian funding for Kachin for the next two and a £121,443 through the Government Carbon Offsetting half years. This includes funding for a Gender-Based Framework. Violence Coordinator who will work to improve the coordination and response of the international community Catalytic Fund to sexual violence. DFID is also supporting the Secretary of State’s Kerry McCarthy: To ask the Secretary of State for Preventing Sexual Violence Initiative. Two proposals International Development when her Department will have been approved and are due to begin implementation release new details of (a) how the Catalytic Fund will this calendar year (these include activities along the function, including how funds can be accessed, (b) Burma-China border). Through an international NGO, what types of activities the funding can be used for and the UK also gives support to trauma care camps in (c) what countries must do to access the funds. Kachin State which deals with rape cases. [170481]

Rushanara Ali: To ask the Secretary of State for Mr Duncan: DFID is currently working in collaboration International Development what recent assessment she with the other donors who made commitments at the has made of the humanitarian situation in Burma. Nutrition for Growth Event to support a new catalytic [170167] financing facility for nutrition. Discussions about governance, access to funds, what Mr Duncan: Conflict in Kachin and Northern Shan activities will be supported and country focus are continuing. States has displaced an estimated 100,000 people. Over half of these are in non-Government controlled areas which are particularly hard to reach with humanitarian Developing Countries: Malnutrition assistance. In June this year DFID announced £13.5 million for new humanitarian funding in Kachin State Kerry McCarthy: To ask the Secretary of State for which includes non-government controlled areas. A needs International Development how her Department will assessment was conducted within camps in these areas ensure that nutrition indicators in the post-2015 in September. The findings showed that food, education, framework reflect both chronic and acute malnutrition health, water, sanitation and hygiene, shelter, and security and are measured in a way that ensures that vulnerable are the key priorities. groups and populations are not missed. [170477] In Rakhine State there has been some progress in the humanitarian situation. A significant increase in addressing Justine Greening: The UK is working with others in the needs of those displaced for shelter was noted in the United Nations and the European Union to ensure advance of the current rainy season. Challenges remain, that the post-2015 framework finishes the job of including freedom of movement and access to jobs and the Millennium Development Goals, including on the services. DFID has allocated £4.4 million to address important agenda of food and nutrition security. The humanitarian needs in this financial year. High Level Panel on Post-2015 Development recommended 569W Written Answers14 OCTOBER 2013 Written Answers 570W ambitious targets on food and nutrition security,’ including £ million on ending hunger and reducing stunting, wasting and anaemia. 2011 344.5 Developing Countries: Rape 2012 255.3 Data for 2012 are provisional and final figures will be Andrew George: To ask the Secretary of State for published later in the year in ‘Statistics on International International Development what steps she is taking to Development 2013’. ensure that UK Government funds are used to support agencies that provide non-discriminatory care for Females conflict rape victims regardless of local or national laws. [169756] John McDonnell: To ask the Secretary of State for International Development what steps her Department Justine Greening: In conflict situations UK-funded is taking to tackle gender inequality and promote medical care is provided through humanitarian women’s participation in political and public life. organisations. These organisations work according to [169727] humanitarian principles including the provision of non- discriminatory aid, provided according to need alone. Lynne Featherstone: DFID recognises that girls’ and women’s participation and leadership in politics, as well Andrew George: To ask the Secretary of State for as in business and civil society, is of critical importance International Development if she will make representations in achieving gender equality. This is a key part of to her US counterpart on that country lifting its prohibition DFID’s Strategic Vision for Girls and Women. The on the supply of humanitarian aid to women raped in strategy commits DFID to ensuring that women have war. [169759] an effective voice in decision-making at all levels of society.Current programmes include parliamentary reform Mr Duncan: DFID is in close contact with USAID work in a range of countries, including Ethiopia, Rwanda, on a wide range of development issues including the Pakistan and Afghanistan to increase women’s political issue of rape in armed conflict. participation. Developing Countries: Tourism DFID carries out country-level analysis and social impact appraisal to ensure that all UK supported development programmes consider gender inequality. Mr Ellwood: To ask the Secretary of State for International Development what assessment she has G20 Anti-Corruption Working Group made of her Department’s Private Sector Development Strategy which emphasised private sector-led intervention Stephen Timms: To ask the Secretary of State for in tourism and related sectors to benefit the poor through International Development if she will make a enhanced incomes; what assessment she has made of statement about plans for the G20 Anti-Corruption the degree to which this strategy has been enacted; and Working Group. [170393] if she will make a statement. [169900] Mr Duncan: DFID represents the UK at the G20 Justine Greening: DFID country programmes include anti-corruption working group and has done so since its projects which enhance the development contribution creation in 2009. The working group is currently completing of the tourist industry.For example, DFID Nepal supports the first year of implementation of its 2013-14 Action the Great Himalaya Trail Development Programme to Plan and is making good progress towards fulfilling its harness tourism as a driver to improve livelihoods and shared commitments. The current action plan and details bring sustainable, inclusive development opportunities of the progress made in the past year can be found at: to rural communities in Nepal. http://www.g20.org/docs/g20_russia/materials.html Ethiopia We will be working with the Australian presidency of the G20 in 2014 to ensure continued vigorous David T. C. Davies: To ask the Secretary of State for implementation of the Action Plan. International Development what level of aid has been Kenya given to Ethiopia in the last five years. [169886]

Lynne Featherstone: Levels of UK Official Development Bill Esterson: To ask the Secretary of State for Assistance provided to Ethiopia in each of the last five International Development how much of the UK’s years were published in our annual report in June. The annual aid to Kenya has been used to help people who full report is available at: were internally displaced by violence connected to elections in 2007 and 2008 in each year since 2007; how many of https://www.gov.uk/government/publications/dfid-annual- those displaced persons are still living in camps; and report-and-accounts-2012-13 what steps her Department is taking to assist such Relevant figures are reproduced in the following table: persons. [169724]

£ million Lynne Featherstone: DFID provided £2.8 million bilateral 2008 140.1 support in 2008 to help people affected or displaced by 2009 219.5 violence during the 2007-08 elections. There are no 2010 263.5 internationally agreed figures for the numbers still in camps but the UK has a broad programme of development 571W Written Answers14 OCTOBER 2013 Written Answers 572W assistance in Kenya, including in health, education, and Jackie Doyle-Price: To ask the Secretary of State for some of this assistance is likely to benefit internally International Development how many staff in her displaced people alongside the wider community. Department were made redundant in (a) 2010-11, (b) 2011-12 and (c) 2012-13; and how many such staff Nepal received payments in lieu of notice. [170372] Mr Duncan: DFID staff that were made redundant in Mr Ellwood: To ask the Secretary of State for each of the years requested and the number who received International Development how her Department’s payments in lieu of notice in each year is given in the budget is spent in Nepal on improving tourism in that following table. country; and if she will make a statement. [169901] Number of payments in Mr Duncan: The UK Government provides support Number of departures lieu of notice to Nepal’s tourism sector to reduce poverty and promote 2010-11 37 3 economic growth that benefits poor people. This support 2011-12 70 38 is aligned with the Government of Nepal’s ‘Tourism 2012-13 10 7 Vision 2020’. It is currently provided through two main programmes: £4.5 million through the International Syria Finance Corporation to improve the regulatory environment for tourism; and £2.4 million to the ‘Great Himalaya Mr Frank Field: To ask the Secretary of State for Trail Development Programme’ which provides skills International Development what additional steps her training to 749 tourism entrepreneurs. Department is taking to prevent and relieve the humanitarian crisis in Syria and its neighbouring Overseas Aid countries. [170104]

Justine Greening: The UK is leading international Andrew George: To ask the Secretary of State for efforts to alleviate human suffering in Syria and the International Development if she will take steps to region, and has pledged £500 million to help provide ensure that her Department’s funding goes to humanitarian essential items such as food, water and medicine to the agencies that can commit to separating their funds people in dire need in Syria and the region. The UK’s between USAID and non-USAID donors. [169755] total humanitarian funding for the Syrians is the largest sum the UK has ever committed to a single crisis. Justine Greening: All UK support to humanitarian The UK is currently supporting food for 320,000 agencies is subject to rigorous audit and accounting people a month, approximately 316,000 medical processes to ensure it is meeting humanitarian need in consultations, and basic essential items to 342,000 people the most efficient and effective manner. across Syria and the region. I have also launched a new £30 million initiative to help prevent thousands of Syrian Pakistan children becoming a lost generation by providing care, counselling and basic educational supplies. Andrew Stephenson: To ask the Secretary of State for Unmanned Air Vehicles International Development what assistance her Department is providing to victims of violence in Peshawar, Pakistan. [170456] Mr Watson: To ask the Secretary of State for International Development whether she has any plans to use drones as part of its humanitarian and Justine Greening: The UK is supporting a World development work. [R] [169707] Bank Multi Donor Trust Fund which helps restore damaged infrastructure, improve government services Mr Duncan: DFID does not have any plans to use and create jobs and business opportunities in conflict drones as part of its humanitarian and development affected areas of Khyber Pakhtunkhwa (KP). UK aid work. also supports the Government of KP to improve safety and access to justice including through supporting community policing in Peshawar. HEALTH Abortion Redundancy Mr Amess: To ask the Secretary of State for Health (1) what estimate he has made of the cost of testing Jackie Doyle-Price: To ask the Secretary of State for aborted foetuses to ascertain their gender and the International Development how many staff were made nature of any disability from which they suffered; what redundant from the non-departmental public body consideration he (a) has given and (b) plans to give to accountable to her Department in (a) 2010-11, (b) monitoring to ensure effective implementation of the 2011-12 and (c) 2012-13; and how many redundancy law on abortion; and if he will make a statement; payments were made in lieu of notice. [170354] [169739] (2) how many abortions were performed on female Mr Duncan: No members of staff have been made babies after 10 weeks gestation, in each of the last two redundant from DFID’s non-departmental public bodies years, broken down by (a) primary care trust area and in the years requested. (b) gestation of the foetus. [170120] 573W Written Answers14 OCTOBER 2013 Written Answers 574W

Jane Ellison: Sex of the foetus is not recorded on the Abortion Guidance: HSA4 forms submitted to the chief medical officer. No Introduction to completing abortion forms for abortions performed estimate has been made of the cost of testing aborted in England and Wales (May 2011) foetuses to ascertain their gender. Although we keep all Background to abortion notifications in England and Wales evidence under review, we currently have no plans to (May 2012) introduce such a practice. United Kingdom birth ratios Department of Health data quality and act monitoring checks are within normal limits. However, we continue to monitor made on HSA4 forms (May-2012) ratios and related data. Guidance note for completing the HSA1 and HSA2 abortion Termination of pregnancy is defined as a regulated forms (revised May 2012) activity. All providers of regulated activities must be Summary guidance note for completing HSA4 paper forms registered with the Care Quality Commission (CQC) (revised May 2012) and meet essential standards of quality and care. The Summary guidance note for completing HSA4 electronic forms CQC has a system of unannounced inspections of (revised May 2012) providers to identify non-compliance. Detailed guidance not for completing HAS4 electronic forms The Department is responsible for administering the (revised May 2012) provisions of the Abortion Act 1967 (the Act) and will Abortion Legal Requirements: continue to monitor compliance with the Abortion Act Letter from the chief medical officer (CMO) for England to all through scrutiny of HSA4 forms and approval of clinics and hospitals undertaking abortions to remind them of the independent sector places to perform termination of provisions of the Abortion Act and that sex-selective abortions pregnancy. are illegal. (February 2012) In February 2012, the chief medical officer for England Other: wrote to all doctors reminding them of their duties Interim Procedures for the approval of Independent Sector under the Abortion Act 1967 (as amended). Places for the termination of Pregnancy (July 2012) In addition to the above, the Department will shortly Alex Cunningham: To ask the Secretary of State for be issuing a further CMO letter and undertaking a Health what plans his Department has to raise awareness consultation on updated procedures for the approval of of foetal alcohol syndrome through public health campaigns independent sector places for the termination of pregnancy. targeting schools and local communities. [169932] Mr Amess: To ask the Secretary of State for Health Jane Ellison: Start4Life includes the advice to avoid what recent discussions he has had with the medical alcohol during pregnancy as part of our communications profession regarding cases of sex-selection abortions; to pregnant women on having a healthy pregnancy but and if he will make a statement. [170121] we do not specifically reference Foetal Alcohol Syndrome. Local Health and Wellbeing Boards are ideally placed Jane Ellison: All Department of Health Ministers to pursue and target this issue at a local level, especially meet regularly with medical professional bodies, however, based upon their local data, identified need and there has been no specific meeting about sex-selection prioritisation. abortions. Start4Life is a campaign from Public Health England Departmental officials have been in regular contact aimed at increasing the number of healthy babies and with the General Medical Council, the British Medical children under the age of five through promoting healthy Association, and the Royal College of Obstetricians behaviours in pregnancy (healthy eating, avoiding alcohol, and Gynaecologists, and other interested professional stopping smoking, taking supplements and keeping active) bodies on this issue. They are currently developing and also in the early years of a child’s life (breastfeeding, urgent guidance to doctors to provide further clarity for safe introduction of solid foods, establishing healthy clinicians on this issue. eating habits and physical activity).

Mr Amess: To ask the Secretary of State for Health Mr Amess: To ask the Secretary of State for Health what (a) statutory instruments, (b) departmental how many abortions conducted on the grounds of circulars and (c) other documents his Department disabilities which are rectifiable were performed after (a) (b) (c) published since May 2010 consequent on the provisions 24 weeks’ gestation in 2010, 2011 and 2012; of the Abortion Act 1967; what plans he has to what each disability was in each case; and if he will produce such material in the next 12 months; and if he make a statement. [170122] will make a statement. [170118] Jane Ellison: The number of abortions that are 24 Jane Ellison: Since May 2010, the Department has weeks and over by principal medical condition, performed issued the following documents consequent on the under section 1(1)(d), are shown in the following table. provisions of the Abortion Act 1967. Abortions performed under this section are those where Annual Statistics: “there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously Abortion Statistics for England and Wales 2009 (May 2010) handicapped”. Abortion Statistics for England and Wales 2010 (May 2011) Medical conditions recorded under section 1(1)(d) are Abortion Statistics for England and Wales 2011 (May 2012) coded using the International Statistical Classification Abortion Statistics for England and Wales 2012 (July 2013) of Diseases and Related Health Problems (10th edition) Abortion Statistics England and Wales—Consultation document published by the World Health Organisation. This (April 2013) classification does not split diseases and related health Abortion Statistics England and Wales—Consultation response problems into those that are rectifiable and those that (July 2013) are not. 575W Written Answers14 OCTOBER 2013 Written Answers 576W

Principal medical condition for abortions performed over 24 weeks, residents of England and Wales, 2010-12 ICD-10 code Condition 2010 2011 2012

Total grounds E alone or 147 146 160 with any other1 Q00-Q89 Congenital malformations total 106 96 106 Q00-Q07 The nervous system total 66 56 69 Q00 Anencephaly 2 3 5 Q01 Encephalocele 1 1 1 Q02 Microcephaly 4 3 4 Q03 Hydrocephalus 4 3 3 Q04 Other malformations of the brain 28 24 30 Q05 Spina bifida 12 9 5 Q06-Q07 Other 15 13 21 Q10-Q18 The eye, ear, face and neck 0 0 0 Q20-Q28 The cardiovascular system 16 17 12 Q30-Q34 The respiratory system 1 4 1 Q35-Q37 Cleft lip and cleft palate 0 0 0 Q38-Q45 Other malformations of the 101 digestive system Q60-Q64 The urinary system 7 7 7 Q65-Q79 The musculoskeletal system 8 7 11 Q80-Q85 The skin, breast integument 201 phakomatoses Q86-Q89 Other 5 5 4 Q90-Q99 Chromosomal abnormalities total 29 34 32 Q90 Down’s syndrome 10 17 3 Q910-Q913 Edwards’ syndrome 10 2 8 Q914-Q917 Patau’s syndrome 1 1 7 Q92-Q99 Other 8 14 14 Other conditions total 14 16 22 P00-P04 Fetus affected by maternal factors 7 5 1 P05-P08 Fetal disorders related to gestation 2811 and growth P35-P39 Fetus affected by congenital 000 infectious disease P529 Intercranial nontraumatic 004 haemorrhage of fetus P832-P833 Hydrop fetalis not due to 001 haemolytic disease O30 Multiple gestation 0 0 0 O41 Disorder of the amniotic fluids 0 0 0 Z20-Z22 Exposure to communicable disease 0 1 5 Z80-Z84 Family history of heritable 100 disorder E84 Cystic fibrosis 2 0 0 Ground A, B, F, G 2 2 0 1 ICD-10 codes are taken from the International Statistical Classification of Diseases and Related Health Problems (Tenth Revision) published by the World Health Organisation (WHO).

Mr Amess: To ask the Secretary of State for Health Avian Influenza how many abortions were performed with respect to pregnancies with gestations of 24 weeks or more in (a) 2010, (b) 2011 and (c) 2012. [170123] Ms Ritchie: To ask the Secretary of State for Health what financial resources have been dedicated to deal with avian influenza. [169999] Jane Ellison: Information on the number of abortions performed at 24 weeks and over gestation in 2010, 2011 Jane Ellison: Although no financial resources have and 2012 is shown in the following table: been specifically dedicated to deal with avian influenza, which includes the influenza strains A(H5N1) and A(H7N9) Total abortions at 24+ weeks gestation, residents of England and maintaining the capability to respond to an influenza Wales, 2010-12 pandemic remains a key priority and the use of clinical Number countermeasures is a key element of the defence in 2010 147 depth approach to preparedness for pandemic disease. 2011 146 Neither A(H5N1), which has been circulating for a 2012 160 number of years, nor the more recent A(H7N9) have resulted in sustained human to human transmission. 577W Written Answers14 OCTOBER 2013 Written Answers 578W

Clinical countermeasures may reduce the severity of Childbirth illness in individuals, decrease the number of deaths resulting from pandemic influenza and ease pressure on Damian Hinds: To ask the Secretary of State for intensive care services. Health what the gender breakdown of births in each government office region was in each of the last 10 years. [170936] Chief Medical Officer Mr Hurd: I have been asked to reply on behalf of the Cabinet Office. Lady Hermon: To ask the Secretary of State for Health whether the chief medical officer is obliged to The information requested falls within the responsibility publish details of meetings in the same manner as of the UK Statistics Authority. I have asked the authority Ministers publish ministerial diaries; and if he will to reply. make a statement. [170641] Letter from Joe Grice: In the absence of the Director General for the Office for Dr Poulter: The chief medical officer publishes details National Statistics, I have been asked to reply to your recent of meetings alongside those of the permanent secretary. question to the Secretary of State for Health asking what the The latest published information covers the period 1 January gender breakdown of births in each government office region was in each of the last ten years [170936]. to 31 March 2013 and is published on the Government The attached table shows the number of live births to mothers website at: usually resident in England, by the sex of baby for 2002-2012. www.gov.uk/government/organisations/department-of-health/ Figures are broken down by region of usual residence of the series/permanent-secretary-meetings mother.

Live births: Sex and region 2002-12, England Region of usual residence and sex 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012

Males England 290,394 302,204 311,588 313,711 325,046 336,722 344,473 344,137 352,385 352,731 356,251

North 13,559 13,813 14,359 14,322 14,776 15,106 15,382 15,308 15,840 15,666 15,568 East North 38,389 39,780 41,662 41,927 43,173 44,185 45,225 45,126 45,680 45,469 45,730 West Yorkshire 28,379 29,634 30,873 30,901 32,290 32,959 34,091 33,947 34,344 34,016 34,441 and the Humber East 23,123 24,169 24,879 25,245 25,889 26,924 27,752 27,631 28,097 28,401 28,440 Midlands West 31,370 32,687 33,927 33,798 34,491 35,859 36,762 36,530 37,159 37,337 38,090 Midlands East 31,144 32,162 33,082 33,178 34,332 35,746 36,758 36,419 37,523 37,646 38,026 London 53,756 56,292 57,845 59,235 61,892 64,546 65,022 66,023 68,302 67,927 68,811 South 45,317 47,249 48,158 48,051 50,415 52,140 53,355 53,289 54,600 54,936 55,622 East South 25,357 26,418 26,803 27,054 27,788 29,257 30,126 29,864 30,840 31,333 31,523 West

Females England 275,315 287,647 295,596 299,317 310,702 318,635 328,336 326,921 334,622 335,389 337,990

North 12,712 13,192 13,456 13,927 14,408 14,476 14,835 14,468 14,986 14,861 14,723 East North 36,252 38,067 39,502 39,795 40,982 41,762 42,942 42,423 43,519 43,283 43,481 West Yorkshire 27,156 28,289 29,320 29,764 30,665 31,232 32,262 32,411 32,626 32,435 32,967 and the Humber East 21,916 22,747 23,366 23,835 24,828 25,558 26,440 26,115 27,135 26,977 27,205 Midlands West 29,665 31,007 31,984 32,158 33,197 34,239 34,964 34,512 34,931 35,686 35,850 Midlands East 29,027 30,549 31,168 31,509 32,538 33,565 34,980 34,916 35,478 35,574 36,545 London 51,847 54,145 55,834 56,784 59,006 60,959 62,629 63,222 64,809 64,916 65,375 South 42,765 44,593 45,476 45,870 48,151 49,098 50,668 50,380 51,834 52,196 52,236 East 579W Written Answers14 OCTOBER 2013 Written Answers 580W

Live births: Sex and region 2002-12, England Region of usual residence and sex 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012

South 23,975 25,058 25,490 25,675 26,927 27,746 28,616 28,474 29,304 29,461 29,608 West Note: These figures are based on mother’s area of usual residence. Source: Office for National Statistics.

Damian Hinds: To ask the Secretary of State for 13 December 2012—Blackpool Teaching Hospital, Birmingham Health what the month-of-birth breakdown of births (Children’s Ward) in each government office region was in the last 10 17 January 2013—Southglade Access Centre Adult and Sure years. [170937] Start Children’s Centre, Nottingham 17 January 2013—Sheffield Children’s Hospital Foundation Mr Hurd: I have been asked to reply on behalf of the Trust, Sheffield Cabinet Office. 24 January 2013—Children’s Community Nursing, Coventry The information requested falls within the responsibility and Warwick Primary Care Trust, Warwickshire of the UK Statistics Authority. I have asked the Authority 24 January 2013—St Michael’s Children’s Centre, Warwickshire to reply. 13 February 2013—Evelina’s Children’s Hospital, St Thomas, London Letter from Joe Grice, dated October 2013: 28 February 2013—University College London Hospital In the absence of the Director General for the Office for (Macmillan Cancer Centre, Teenage Cancer Hub) National Statistics, I have been asked to reply to your recent question to the Secretary of State for Health asking what the 21 March 2013—Lincoln County Hospital, Lincoln month-of-birth breakdown of births in each government office 28 March 2013—Barnet Family Nurse Partnership Team at region was in the last ten years. [170937] Newstead Children Centre, London The table shows the number of live births to mothers usually 18 April 2013—Springboard Children’s Development centre, resident in England, by month of occurrence for 2002-2012. Carlisle Figures are broken down by region of usual residence of the 2 May 2013—Children’s Trust, Tadworth Court, Kent mother. 2 May 2013—The Red Oak Sure Start Children’s centre, A copy of the table has been placed in the Library of the Bromley House. 16 May 2013—Acorn’s Children’s Hospice, Worcester 6 June 2013—Conquest Hospital, Sussex (Children’s Ward) Children: Day Care 20 June 2013—Linden’s Children’s Centre, Hackney 11 July 2013—Disraeli School and Children’s Centre, High Mr Jim Cunningham: To ask the Secretary of State Wycombe for Health when each Minister in his Department last Parliamentary Secretary of State for Public Health (Jane visited a child care setting. [170768] Ellison) Dr Poulter: The following list provides details of the Joined the ministerial team 7 October 2013 and has visits undertaken by the Secretary of State for Health, not undertaken a visit to a child care setting. my right hon. Friend the Member for South West The former Parliamentary Secretary of State for Public Surrey (Mr Hunt) and his ministerial team to a child Health, Anna Soubry, who held this position until care setting in an official capacity, since September 7 October 2013 undertook the following visits: 2012. 25 February 2013— Brook (young people’s sexual health The Secretary of State (Jeremy Hunt) services), Bedford 18 October 2012—University College Hospital, Macmillan 15 April 2013—Rotherham Institute for Obesity (RIO) a specialist Cancer Centre, London (Teenage cancer unit) centre for the management of obesity in children and adults, Rotherham 10 June 2013—Lilian Baylis Technology School tour of Lambeth children’s weight management services 4 July 2013—Oliver King Foundation, King David Campus Primary School, Liverpool 5 July 2013—Evelina Children’s Hospital; Guy’s and St Thomas’ NHS Foundation Trust, London Parliamentary Under-Secretary of State for Quality (Earl 12 September 2013—Children’s Eye Centre at Moorfields Eye Howe) Hospital, London The Minister has undertaken many visits, although Minister of State for Care and Support (Norman Lamb) none in child care settings since September 2012. However 7 February 2013—Oxford Children and Younger Peoples, the last visit in a child care setting was 1 May 2012 to Improving Access to Physiology Therapy and Children Adolescent Birmingham Children’s Hospital, Birmingham. Mental Health Services Project NHS Oxford Parliamentary Under-Secretary of State for Health (Dr Dementia Daniel Poulter) 25 October 2012—Medlock Vale Children’s Centre, Oldham Andrew Stephenson: To ask the Secretary of State for 1 November 2012—Peterborough City Hospital, Peterborough Health (1) how many dementia patients under the age (Women’s and Children’s Unit) of 65 there are in (a) England, (b) the North West and 6 November 2012—Birmingham Children’s Hospital, Birmingham (c) East Lancashire; [169749] 581W Written Answers14 OCTOBER 2013 Written Answers 582W

(2) how many people under the age of 65 were National health service commissioners are legally obliged diagnosed with dementia in each of the last five years. to provide funding for drugs that have been recommended [169752] in NICE technology appraisals or highly specialised technologies evaluations. Norman Lamb: This information is not collected centrally by the Health and Social Care Information Mr Jim Cunningham: To ask the Secretary of State Centre. for Health if he will request that the National Institute The Quality and Outcomes Framework contains for Health and Care Excellence take steps to assess information on registered patients with dementia, but treatments for rare conditions differently to less rare does not contain age breakdowns. conditions. [170400] The National Dementia and Antipsychotic Prescribing Audit contains information that is relevant. However it Norman Lamb: From 1 April 2013 the National Institute is not mandatory and so does not have 100% coverage. for Health and Care Excellence (NICE) took responsibility The audit has data from 45.7% of the general practitioner for the evaluation of selected high cost, low volume practices in England and is therefore not suitable for drugs under its new Highly Specialised Technologies providing a national figure or regional breakdowns. Programme. Andrew Stephenson: To ask the Secretary of State for NICE has worked with patient groups and other Health how many care homes suitable for dementia stakeholders in the design of its interim methods and patients under the age of 65 there are in (a) England, processes for developing Highly Specialised Technologies (b) the North West and (c) East Lancashire. [169750] guidance. The interim methods and process guides are published on NICE’s website at: Norman Lamb: Information on how many care homes www.nice.org.uk/aboutnice/howwework/devhst/ suitable for dementia patients under the age of 65 is not DevelopingNICEHighlySpecialisedTechnologies.jsp collected centrally. Information on care homes with a ‘dementia service band’ but without an ‘older people service band’, collected by the Care Quality Commission Doctors: Foreign Workers (CQC), is shown in the following table.

Number of active Number, of active Total number Andrew Selous: To ask the Secretary of State for care homes with care homes with of active care Health how many foreign doctors were employed by dementia service both dementia homes with the NHS on 30 September 2012. [170528] user band but service user band dementia Geographical without older people and older people service user area service user band service user band band Dr Poulter: The numbers of foreign doctors employed England 351 6,637 6,988 by the NHS is not collected centrally. North West 55 824 879 Region The annual workforce census published by the Health Lancashire 17 164 181 and Social Care Information Centre (HSCIC) collects upper-tier the number of doctors qualified outside the United local Kingdom as at 30 September 2012. authority Source: All doctors (excluding Hospital and Community Health Service (HCHS) CQC database as at 9 October 2013 doctors with a dental specialty)1 in England qualified outside the UK, as at 30 September 2012 Full-time Andrew Stephenson: To ask the Secretary of State for equivalents Health what steps his Department is taking to ensure adequate provision of care services for dementia Total doctors (excluding those with a dental specialty)1 133,627 patients under the age of 65. [169751] Of which: Qualified outside the UK2 42,536 Norman Lamb: On 26 March 2012 the Prime Minister launched his Challenge on Dementia, which will increase All general practitioners 35,871 diagnosis rates, raise awareness and understanding of Of which: dementia and double funding for research by 2015. The Qualified outside the UK2 8,686 Challenge is an ambitious programme of work designed to make a real difference to the lives of all people with dementia and their carers regardless of their age. All HCHS doctors (excluding those with a dental specialty)1 97,756 Of which:

2 Diseases Qualified outside the UK 33,850 1 Excludes all HCHS service doctors with a dental specialty. Information about country of qualification is derived from the General Medical Council. For staff Mr Jim Cunningham: To ask the Secretary of State in dental specialties, with a General Dental Council registration, the country of qualification is therefore not known. for Health what his policy is on establishing a 2 Qualified outside the UK figures include only those doctors in England whose ring-fenced fund for rare disease drugs. [170399] country of qualification is known. Note: These figures show those doctors in England who have received their primary Norman Lamb: From 1 April 2013 the National Institute medical qualification in a country outside the UK. This does not necessarily for Care Excellence (NICE) took responsibility for the reflect nationality and this must be taken into account when analysing the data. Sources: evaluation of selected high cost, low volume drugs HSCIC Medical and Dental Workforce Census Health and Social Care Information under its new Highly Specialised Technologies Programme. Centre General Practice Workforce Census 583W Written Answers14 OCTOBER 2013 Written Answers 584W

Eculizumab The evidence review will include consideration of any new evidence on alcohol and pregnancy since the current Ms Ritchie: To ask the Secretary of State for Health guidelines were published in 2007. (1) when NHS England will ratify the Clinical The chief medical officers for England, Scotland, Priorities Advisory Group decision on Eculizumab Wales and Northern Ireland will jointly oversee this taken in July 2013; [170135] work. We expect the review of evidence to conclude in (2) what discussions have taken place with January 2014. ministerial counterparts in the devolved regions regarding the ratification of the decision by the Clinical Alex Cunningham: To ask the Secretary of State for Priorities Grouping in respect of the Soliris form of Health if his Department will develop a foetal alcohol Eculizumab taken in July 2013. [170497] syndrome strategy. [169934]

Norman Lamb: We have had no such discussions. Jane Ellison: The Government’s Alcohol Strategy, NHS England is responsible for commissioning health published on 23 March 2012, addresses the full range of services for the population of England. NHS England’s harm from alcohol. Directly Commissioned Services Committee ratified the The strategy recognises that: Clinical Priorities Advisory Group’s recommendations Fetal alcohol spectrum disorders (FASD) are caused entirely on the use of Eculizumab in England on 14 August by drinking alcohol during pregnancy and so are completely 2013. preventable; and A copy of the policy has been placed in the Library. FASD can be caused by mothers drinking alcohol even before they know they are pregnant, so preventing them is strongly Eyesight: Testing linked to reducing levels of heavy drinking in the population, especially among women. David Morris: To ask the Secretary of State for We will continue to raise awareness of the need for Health what steps he is taking to promote regular sight women who are pregnant or trying to conceive to avoid tests. [170239] alcohol, including by increasing the awareness of health professionals. Dr Poulter: The Government recognises that regular sight tests are an important measure in preventing The chief medical officer is overseeing a review of the avoidable sight loss. Government’s alcohol guidelines, including those for women who are pregnant or trying to conceive. Free national health service sight tests are available to many, including children, people aged 60 and over, The Department will continue to raise awareness of people in receipt of certain benefits and those people at research needs for FASD, including gaps in our knowledge particular risk of developing eye disease. In 2012-13, on whether a ‘safe’ level of alcohol consumption could there were 12.3 million NHS sight tests. be identified, how to characterise and diagnose Information about the extensive arrangements for neurodevelopmental problems in children with1 FASD, providing help with NHS optical services and other prevalence of the condition, and effective treatment. health costs is published in leaflet HC11 ‘Are you entitled to help with health costs?’ The Department has worked, Genetically Modified Organisms and continues to work, with NHS Choices on the development of articles and videos to raise the profile Zac Goldsmith: To ask the Secretary of State for of visual health and promote the importance of regular Health what assessment he has made of the scientific sight tests. paper by Sándor Spisák et al entitled Complete Genes The Public Health Outcomes Framework includes an Pass from food to human blood published on 30 July indicator on avoidable sight loss. 2013. [169787] Foetal Alcohol Syndrome Jane Ellison: The Department is aware of the research paper by Spisák et al on the possible transfer of meal-derived Alex Cunningham: To ask the Secretary of State for DNA fragments into human blood. The research is Health what consideration his Department has give to being assessed by an expert committee as part of the strengthening current advice to pregnant women by continuing commitment to keep emerging evidence under clearly labelling alcohol as a teratogen. [169933] review, within the implementation of the UK Five Year Antimicrobial Resistance Strategy. Jane Ellison: The Government is committed to improving the labelling of alcoholic drinks. Health As part of the Public Health Responsibility Deal, alcohol retailers and producers have committed to putting the advice ‘Avoid alcohol, if pregnant or trying to Richard Burden: To ask the Secretary of State for conceive’, or an alternative pregnancy warning logo, on Health whether his Department plans to issue an 80% of labels on shelf by the end of 2013. update to the document Living Well for Longer: Call to As set out in the Government’s Alcohol Strategy, the Action to Reduce Premature Mortality. [170708] Department of Health has also commissioned a review of current drinking guidelines. This is being led by Jane Ellison: The Department will publish a five year Dame Sally Davies, the Government’s chief medical plan for reducing premature mortality by the end of the officer. year. 585W Written Answers14 OCTOBER 2013 Written Answers 586W

Health and Wellbeing Boards Health Visitors

Keith Vaz: To ask the Secretary of State for Health Mr Jim Cunningham: To ask the Secretary of State (1) which local authorities have not delegated funding for Health (1) what his Department’s policy is on the to Health and Wellbeing boards; [169956] optimum number of cases handled per health visitor; (2) which local authorities have delegated funding to [170769] Health and Wellbeing boards. [169957] (2) what the average number of cases handled per health visitor in NHS England is. [170770] Norman Lamb: Health and wellbeing boards are statutory Dr Poulter: The Department does not issue policy committees of English local authorities. As a central guidance relating to the optimum number of cases Government Department, we therefore do not collect handled per health visitor. This is because the number or hold data on which local authorities have and have of cases handled (often known as caseload), is most not delegated funding to health and wellbeing boards. effectively and safely determined at the local level by the While health and wellbeing boards have no statutory organisation providing the health visitor service. This responsibility for holding commissioning budgets, local approach ensures that local factors, particularly the areas are able to delegate funding to a health and demographics of the population and the associated wellbeing board if they so wish. level of need, can help determine not only caseload size, The boards are under a statutory duty to encourage but also the appropriate skill mix of staff in local health integrated working between commissioners of services visitor teams. across health, social care, public health and children’s The Government’s commitment to grow the health services, and are encouraged to explore how the mechanisms visitor workforce by an additional 4,200 full-time equivalents for integration included in the National Health Service by April 2015 will ensure the availability of more staff, Act 2006, such as pooled budgets or lead commissioning thereby allowing local services more flexibility in how arrangements, can be used to provide more integrated they respond to demand. commissioning across health and social care. The Department does not collect information about the average number of cases handled per health visitor. Health Services Hearing Impairment

Sarah Champion: To ask the Secretary of State for Mr Frank Field: To ask the Secretary of State for Health (1) when he plans to introduce the new formula Health what assessment he has made of the level of proposed by the Fundamental Review of Allocations support currently available for people with hearing Policy; [169809] loss; and what steps he will take to support additional (2) whether the previous weighting for deprivation measures for those with hearing loss. [169832] within the capitation formula has been removed or substantially downgraded in the new formula. [169810] Norman Lamb: People with hearing loss receive a range of support including equipment choice, rehabilitation, Dr Poulter: NHS England is currently carrying out a family and peer support and communication support, fundamental review of the allocations formula for clinical including sign classes. The level of support provided is commissioning groups (CCGs). No decisions have yet for clinical commissioning groups to determine according been taken on how allocations will be made in the to local needs. future. Discussions are currently taking place between the The allocations review draws on the expert advice of Department of Health, NHS England, Public Health the Advisory Committee on Resource Allocation (ACRA) England and other Government Departments in order and involves a range of external partners. The review to reach agreement on the publication of an Action will be completed in time for initial conclusions to Plan on Hearing Loss. We hope that this will be published inform funding allocations for 2014-15. before the end of the financial year. ACRA proposed a target CCG formula in December 2012 which removed the weighting for deprivation that Heart Diseases was in the allocation formula for primary care trusts. ACRA had previously indicated that the issue of a Stuart Andrew: To ask the Secretary of State for deprivation adjustment was one of subjective judgment Health (1) who the Patient Experience members appointed and not supported by a clear, objective evidence base. to the Congenital Heart Services Clinical Reference CCGs’ budgets only represent part of the total funding Group are; [170727] for NHS services. NHS England is considering whether (2) by what process and subject to what criteria the it would be better to reflect the health challenges of Patient Experience members appointed to the deprivation and inequalities by adjusting the CCG formula Congenital Heart Services Clinical Reference Group or by adjusting other funding streams, such as NHS were selected; [170728] England’s budget for commissioning primary care. (3) at what time and on what date notice was given to ACRA has been reviewing the various metrics available stakeholders of the meeting of the NHS England for measuring deprivation but NHS England has not Board Task and Finish Group held on 30 September yet decided on the appropriate metric to use or what 2013 concerning the Congenital Heart Disease Review; budgets (if any) to adjust. and how that notice was distributed; [170729] 587W Written Answers14 OCTOBER 2013 Written Answers 588W

(4) if he will direct the Congenital Heart Disease Children. The National Institute for Clinical Excellence Review to follow the recommendations of the Independent published a clinical guideline “When to suspect child Reconfiguration Panel and to take account of the outcome maltreatment” in 2009. of the judicial review case brought against the Joint More specifically, the Health and Social Care Information Committee of Primary Care Trusts; and if he will make Centre are currently conducting a feasibility study on a statement. [170785] how to improve NHS data collection on female genital mutilation (FGM). This will improve information sharing Jane Ellison: NHS England is responsible for conducting for better care of those affected by FGM and will also the new review of congenital heart disease services. We support prevention and better safeguarding in at-risk have instructed NHS England to take this work forward communities. on the basis of the Independent Reconfiguration Panel’s Later this year the Department is convening a roundtable report into the Safe and Sustainable review of children’s of representatives from FGM clinics, stakeholders and heart surgery, and the court judgment in favour of the government departments to explore how to ensure that Leeds-based campaign group Save Our Surgery. the collection of data on FGM within the NHS is more NHS England is committed to a review that is robust, consistent, as well as how to improve the sharing of this transparent and inclusive, in the interests of delivering data in order to better safeguard vulnerable girls. high quality and sustainable services for all patients. Information on the detail of the new review can be Lyme Disease found on NHS England’s website at: www.england.nhs.uk/ourwork/qual-clin-lead/chd/ Daniel Kawczynski: To ask the Secretary of State for Health how many people have been diagnosed with Hospitals: Parking Lyme Disease in each region of the UK in each of the last three years; and what steps his Department has taken to prevent the spread of Lyme Disease in that James Duddridge: To ask the Secretary of State for time. [169760] Health what guidance his Department gives hospitals on the provision of parking for (a) district nurses, (b) Jane Ellison: The total number of cases diagnosed in midwives and (c) other visiting health professionals. each region of the United Kingdom in each of the last [170584] three years is:

Dr Poulter: National health service organisations are 2009 2010 2011 20121 responsible locally for decisions on the management of car parking in relation to patients, visitors and staff England and 863 905 959 1,040 which will be made to support their clinical and operational Wales needs. Scotland 228 308 229 121 Northern 2— 2—132— Guidance has not been published specifically in relation Ireland to provision of hospital parking to district nurses, midwives Total 1,093 1,218 1,201 1,163 and other visiting health professionals. However, the 1 Provisional data: 2012 data has been published in the UK provision of hospital parking for staff is included in: Zoonoses Report but data remain provisional until the next year’s Fair for all, not free for all—Principles for sustainable car report, due largely to the dynamic nature of the databases used, parking, published by the NHS Confederation; and including Lyme. 2 Five or fewer cases. Health Technical Memorandum 07-03—Transport management and car-parking, published by the Department. A copy of this Total cases reported include those acquired overseas, document has already been placed in the Library. often in countries where Lyme disease is more prevalent and range from 18% to 21% of reports between 2009 and 2011. Injuries Awareness of tick exposure, education and personal protection against tick bites are the primary prevention Mr Jim Cunningham: To ask the Secretary of State of Lyme diseases. Public Health England (PHE) issues for Health what guidance his Department issues to the regular bulletins on prevention of bites from ticks and NHS on referring/reporting suspected non-accidental recently wrote to all general practitioners in May 2013 injuries. [170772] to raise awareness across England and Wales. Similar advice is issued by a number of local authorities in Dr Poulter: ’Non-accidental injuries’ may refer to a England and Wales, and across Scotland. number of issues, this answer covers safeguarding children. PHE recently held an open day with patients and It is essential that everyone working in the health and professionals on 9 October 2013 to discuss many of the social care system does their part to support the vital issues on diagnosis, treatment and awareness raising. work to safeguard vulnerable children. The Department of Health has not issued guidance Daniel Kawczynski: To ask the Secretary of State for to the national health service on safeguarding children. Health what protocol is in place for the diagnosis and Under the Children Act 2004, NHS bodies have a treatment of Lyme Disease. [169761] statutory duty to make arrangements to safeguard and promote the welfare of children. The Department for Jane Ellison: No fixed “protocol” exists for the Education (DFES) leads for Government on safeguarding management of Lyme disease. The Public Health England children. In March 2013, DFE published revised inter- and national health service websites contain information agency statutory guidance, Working Together to Safeguard on this, and refer to published articles. General practitioners 589W Written Answers14 OCTOBER 2013 Written Answers 590W are advised to treat the rash as diagnostic and treat and adverse reactions, and this will be accessible to cases accordingly. Infectious disease and other consultants clinicians working in accident and emergency, out of investigate Lyme disease as part of the possible diagnoses hours services and community settings. relating to the presenting symptoms, as for any other disorder and treat accordingly. Meningitis: Vaccination As with most other diseases, treatment and management of Lyme disease are part of general higher professional Mr Gregory Campbell: To ask the Secretary of State training. for Health whether his Department has commissioned or conducted a population-based evaluation of the Daniel Kawczynski: To ask the Secretary of State for meningitis B vaccine. [170614] Health what research into Lyme Disease his Department plans to commission in (a) 2013-14 and Jane Ellison: The Joint Committee on Vaccination (b) 2014-15. [169762] and Immunisation has not yet finalised and submitted its position statement on meningococcal B vaccine to Jane Ellison: The Department has no current plans to the Department, and we have not yet made an assessment commission research into Lyme disease in 2013-14 or of the need for a population-based evaluation of the 2014-15. meningococcal B vaccine, Bexsero®.

Medical Records Mental Health Services

Hilary Benn: To ask the Secretary of State for Health Mr Lammy: To ask the Secretary of State for Health what procedures are followed when a patient disputes a what guidance he has issued to local clinical commissioning medical diagnosis on their NHS record; what rights of groups on the importance of commissioning good mental appeal a patient has in such circumstances; and if he health services in areas of high deprivation. [170270] will make a statement. [169747] Norman Lamb: Under the Health and Social Care Dr Poulter: Where a patient disputes a medical diagnosis Act 2012, NHS England has a general duty to issue on their medical record they can make an informal commissioning guidance. approach to the health professional concerned to discuss NHS England will support clinical commissioning the situation in an attempt to have the records amended. groups and ensure that they are safely and effectively If they cannot agree, the Department recommends that discharging their commissioning responsibilities, and the data controller should allow the patient to include a are making progress in delivering outcomes. This support statement within their record to the effect that they may include providing supportive commissioning resources, disagree with the content. tools or guidance. Alternatively, the patient can make a complaint under The Government has also made improving mental the national health service complaints arrangements health and treating mental illness a priority for NHS and have it investigated. If they are not satisfied with England. The Mandate to NHS England makes clear the outcome of that complaint, they have the right to that everyone who needs it should have timely access to refer the matter to the health service ombudsman. evidence based services. This will include extending and ensuring more open access to the Improving Access to Medical Records: Children Psychological Therapies programmes, in particular for children and young people, and for those out of work. Mr Jim Cunningham: To ask the Secretary of State The Government will hold NHS England to account for Health how medical records for children are kept for the quality of services and outcomes for mental and shared between (a) health visitors, (b) GPs, (c) health patients through the NHS Outcomes Framework. accident and emergency services and (d) other medical professionals. [170771] Mental Health Services: Haringey

Dr Poulter: Each national health service organisation Mr Lammy: To ask the Secretary of State for Health is responsible for maintaining its own medical records, what steps he is taking to improve the provision of and for ensuring that personal information is shared mental health services in Haringey. [169765] with professionals in other NHS organisations when it is in the child’s best interests. Increasingly this sharing Norman Lamb: The provision of mental health services can be conducted electronically and the NHS has established in Haringey is a matter for the local national health national standards and specifications in relation to system service. interoperability to support information sharing between The Department is supporting local organisations in organisations. taking effective action to improve mental health. ‘No The Department is sponsoring the Child Protection health without mental health’, our mental health strategy Information Sharing (CP-IS) project which will enable and implementation framework, and our suicide prevention health care staff to see whether any child with whom strategy, focus on specific actions which specific local they come into contact is the subject of a child protection organisations can take to improve mental health across plan, regardless of where in the country that child the life course in their areas. normally resides. We are told by NHS England that in 2013-14 Haringey Patients—including children—in England will soon Clinical Commissioning Group is investing over £30 all have a NHS Summary Care Record, containing million in care for patients with mental health needs or information about any medication they receive, allergies learning disabilities. 591W Written Answers14 OCTOBER 2013 Written Answers 592W

Muscular Dystrophy Jane Ellison: It is a matter for NHS England to decide what data to collect on national health service Mr Jim Cunningham: To ask the Secretary of State walk-in centres (NHS WiCs). Some NHS WiCs are for Health (1) what steps his Department is taking to currently classified as a type of accident and emergency support sufferers of muscular dystrophy; [170398] department (A&E) and data from them are collected as part of the routine A&E performance data published (2) what steps he is taking to ensure that specialist each week by NHS England. There are no plans to centres are appropriately equipped to treat (a) begin collecting data on the number of NHS WiCs. muscular dystrophy and (b) similar conditions. [170401] NHS: Drugs Norman Lamb: Making the national health service Mr Virendra Sharma: To ask the Secretary of State more responsive to the needs of people with long-term for Health (1) what proportion of patients with atrial conditions, including those with neurological conditions fibrillation are receiving any kind of anticoagulation such as muscular dystrophy, is a key Government priority therapy; [170151] and we have committed to this in the NHS Mandate, the NHS Constitution and the NHS Outcomes Framework. (2) if he will introduce a national patient survey for users of anticoagulation services similar in design to The Mandate and Outcomes Framework includes the National Cancer Patient Experience Survey; objectives for NHS England to make the NHS among the best in the world at supporting people with ongoing [170152] health problems to live healthily and independently, (3) what steps his Department is taking to ensure with much better control over the care they receive. patient self-monitoring devices for people on long-term warfarin are available on NHS prescription. [170153] Further, as set out in the NHS Constitution, people with neurological conditions such as muscular dystrophy Norman Lamb: Data on the use of treatments for should have an agreed, personalised care plan. atrial fibrillation (AF) are not centrally collected. However, NHS Choices has published materials to support data on the percentage1 of patients with AF who receive self-care. The Expert Patients Programme also supports either oral anticoagulant drug therapy or an anti-platelet people to increase their confidence, improve their quality therapy2 is collected via the Quality and Outcomes of life and better manage their condition. Framework (QOF) AF3 indicator. The latest data available NHS England is now responsible for the commissioning is from 2011-12 where this percentage in England was of specialised services, improving both the quality and 93.7%3. consistency of specialised care. These new national Responsibility for determining the overall national commissioning arrangements will significantly enhance approach to improving clinical outcomes from health equity of access and outcomes for patients across the care services lies with NHS England. We are advised country. NHS England has no plans to introduce a national To ensure that specialised neurology service providers patient survey for users of anticoagulation services. are able to deliver a quality specialised service, all It is for individual clinical commissioning groups to providers have undergone a process of self-assessment commission treatment and services for patients with AF against the national neurosciences service specification as they are best placed to identify what is needed in their requirements, developed by the Clinical Reference Group local areas. for Neurosciences. Nationally, this will ensure a consistent Under its Diagnostics Assessment Programme, the quality of service for patients with neurological conditions National Institute for Health and Care Excellence (NICE) such as muscular dystrophy. is developing guidance on self-monitoring coagulometers NHS Property Services for self-testing or self-managing coagulation status in patients with AF or heart valve disease for whom Mr Sheerman: To ask the Secretary of State for long-term vitamin K antagonist therapy is intended. Health what the net value is of the property portfolio NICE expects to issue guidance in July 2014. NHS (a) managed and (b) owned by NHS Property England advises that it will then consider what action, if Services Ltd. [169895] any, is required, taking this guidance into account. 1 The percentage is that of patients with AF whose records show Dr Poulter: The bulk of the former primary care trust they have been prescribed anti-coagulant or anti-platelet drug and strategic health authority estate transferred to NHS therapy in the preceding six months. Property Services Ltd as of 1 April this year, such that it 2 For the purposes of the QOF, acceptable anti-coagulation is both owned and managed by that company. This agents are warfarin and phenindione, acceptable anti-platelet equated to circa 4,000 buildings with a net book value agents are aspirin, clopidogrel and dipyridamole. 3 of around £3 billion. The consolidation of the estate Source: into a single body will allow efficiency savings to be Health and Social Care Information Centre generated. NHS: Finance NHS Walk-in Centres Sarah Champion: To ask the Secretary of State for Tom Blenkinsop: To ask the Secretary of State for Health if he will estimate what real terms changes in Health with reference to his letter of 12 September financial allocations would be faced by Rotherham 2013, if his Department will start to routinely collect CCG if the recommendations of Fundamental Review data on the number of NHS walk-in centres in of Allocations Policy in the NHS were adopted. England. [169976] [170261] 593W Written Answers14 OCTOBER 2013 Written Answers 594W

Dr Poulter: We have been informed by NHS England about NMC FtP cases is not routinely collected or held that, using the proposed allocation formula to distribute centrally. However, departmental officials have contacted funding in 2013-14, Rotherham Clinical Commissioning the NMC and the following information has been provided. Group would have received an allocation of £308.107 As at 8 October 2013, the NMC was dealing with million as its fair share: a reduction of £20.979 million 4,362 FtP cases, of these 1,507 cases were aged over on its actual allocation. 12 months and 320 cases were aged over 24 months. NHS England was concerned that using the formula During the period 1 April 2011 to 31 March 2013, in this way would destabilise local areas, and therefore two of the FtP cases adjudicated by the NMC were opted for a uniform increase in funding to all clinical referred under section 29 of the National Health Service commissioning groups in order to provide stability and Reform and Health Care Professions Act. Subsequently, protection. the Professional Standards Authority (PSA) withdrew one of these appeals. During the period 1 April to Sarah Champion: To ask the Secretary of State for 1 October 2013, the PSA has lodged two further appeals Health what the primary aim of the Fundamental of NMC FtP cases in the High Court. Review of Allocations Policy is. [170262] Helen Jones: To ask the Secretary of State for Health Dr Poulter: We have been informed by NHS England what recent discussions he has had with the Nursing that the full terms of reference, including the main aims, and Midwifery Council about improvements to its of the fundamental review of allocations policy are practice and procedures; and if he will make a available on its website at: statement. [170512] www.england.nhs.uk/wp-content/uploads/2013/08/ann-d- tor.pdf Dr Poulter: Ministers have regular discussions with the Nursing and Midwifery Council on improvements to practice and procedures. The most recent such discussion Sarah Champion: To ask the Secretary of State for took place on 2 September 2013. Health whether (a) he and (b) Ministers in his Department provided guidance to the Advisory Committee on Resource Performance Appraisal Allocation whilst it was revising the funding formula during the Fundamental Review of Allocations Policy. Mrs Lewell-Buck: To ask the Secretary of State for [170263] Health what proportion of (a) disabled and (b) all other staff employed by his Department received each Dr Poulter: No guidance was provided to the Advisory level of performance rating in their end of year Committee on Resource Allocation (ACRA) by the performance assessment for 2012-13. [170459] Department or any of its Ministers. Responsibility for resource allocation is a matter for Dr Poulter: The overall year performance ratings for NHS England as set out in ‘The Mandate’. NHS England the year end assessments in 2012-13 covering civil servants is overseeing the fundamental review of allocation policy with disabilities and all other civil servants in the and will draw on the expert advice of ACRA and Department can be found in the following two tables: involve a range of external partners. The review will be Table 1: Senior civil servants (SCS) 2012-13 completed in time for initial conclusions to inform Performance rating levels (%) 2014-15 allocations. NHS England will consider the Group 1 Group 2 Group 3 recommendations and findings of ACRA as part of this. Senior civil servant 28.6 71.4 0.0 with disabilities All other SCS 27.2 63.3 9.4 Nursing and Midwifery Council Table 2: Delegated grades administrative officer (AO) to Grade 6 (G6) 2012-13 Helen Jones: To ask the Secretary of State for Health Performance rating levels (%) (1) how many fitness to practise cases being dealt with Excellent Good Unsatisfactory by the Nursing and Midwifery Council have been outstanding for (a) over 12 months and (b) over two AO to G6 with 6.3 91.3 2.4 years; [170511] disabilities All other AO to G6 25.7 73.6 0.7 (2) how many fitness to practise cases dealt with the Nursing and Midwifery Council have been referred Poultry Meat under section 29 of the National Health Service Reform and Health Care Professions Act in (a) the last 12 months and (b) the last two years. [170513] Zac Goldsmith: To ask the Secretary of State for Health pursuant to the answer of 5 September 2013, Official Report, column 472W, on poultry meat: food Dr Poulter: The Nursing and Midwifery Council poisoning, what proportion of the campylobacter and (NMC) is the regulator for nurses and midwives in the Salmonella found in fresh chicken at retail was United Kingdom working in the public interest to safeguard antibiotic-resistant. [169927] the health and wellbeing of the public. The NMC is an independent body and responsible Jane Ellison: The Food Standards Agency published for matters concerning the discharge of its statutory the report of a United Kingdom survey of Campylobacter duties, including pursuing fitness to practice (FtP) and Salmonella contamination of fresh chicken at retail investigations against its registrants. Statistical information (B18025) in October 2009. 595W Written Answers14 OCTOBER 2013 Written Answers 596W

This survey found that 87% of Campylobacter and Dr Poulter: Prior to 2013-14, all primary care trusts 41% of Salmonella isolates tested were, resistant to at (PCTs) were required to submit plans at the beginning least one antibiotic drug. of every financial year. Within these plans, the PCTs in the Merseyside area all forecast an underspend, during Primary Care Trusts: Merseyside 2010-11, 2011-12 and 2012-13, against their revenue spending controls, the Revenue Resource Limits (RRLs). Steve Rotheram: To ask the Secretary of State for At each quarter during the financial year, PCTs were Health on what date his Department was informed of a required to provide updated forecasts against their plans. likely underspend in budgets of Merseyside primary The following table shows the forecast and final underspends care trusts in (a) 2010-11, (b) 2011-12 and (c) 2012-13. against RRLs reported by Merseyside PCTs, at each [170519] reporting stage in 2010-11, 2011-12 and 2012-13.

2010-11 Underspends against RRLs £000 Final accounts PCTs Plan Q1 Forecasts Q2 Forecasts Q3 Forecasts outturn

Halton and St. Helens PCT 500 500 500 500 500 Knowsley PCT 1,603 1,603 1,606 1,603 1,610 Liverpool PCT 4,768 4,768 4,768 14,768 14,768 Sefton PCT 2,500 2,500 2,500 2,500 2,500 Wirral PCT 2,000 2,000 2,000 2,000 2,031 Note: All PCTs other than Liverpool PCT, delivered a surplus broadly in line with their plans. Liverpool PCT forecast a higher than planned surplus at Quarter3. 2011-12 Underspends against RRLs £000 Final accounts PCTs Plan Q1Forecasts Q2 Forecasts Q3 Forecasts outturn

Halton and St Helens PCT 500 500 500 500 500 Knowsley PCT 1,619 1,619 1,619 1,619 1,617 Liverpool PCT 9,217 9,217 9,217 9,217 9,204 Sefton PCT 2,548 2,548 2,548 2,548 2,548 Wirral PCT 2,000 2,000 2,000 2,000 2,001 Note: All PCTs delivered a surplus broadly in line with their plans. 2012-13 Underspends against RRLs £000 Final accounts PCTs Plan Q1 Forecasts Q2 Forecasts Q3 Forecasts outturn

Halton and St Helens PCT 2,689 2,689 2,689 2,689 2,689 Knowsley PCT 1,650 1,650 1,650 1,650 1,652 Liverpool PCT 4,941 4,941 4,941 4,941 4,941 Sefton PCT 2,624 2,624 2,624 2,624 2,624 Wirral PCT 3,088 3,088 3,088 3,088 3,132 Note: All PCTs delivered a surplus broadly in line with their plans.

Redundancy Table 1: Number of staff made redundant from non-departmental public bodies accountable to the Department Number

2010-11 131 Jackie Doyle-Price: To ask the Secretary of State for 2011-12 79 Health how many staff were made redundant from 2012-13 45 non-departmental public bodies accountable to his Department in (a) 2010-11, (b) 2011-12 and (c) Table 2: Number of redundancy payments were made in lieu of notice 2012-13; and how many redundancy payments were Number made in lieu of notice. [170352] 2010-13 10

Dr Poulter: The Department does not hold the information requested centrally. Information was sought Jackie Doyle-Price: To ask the Secretary of State for from the individual non-departmental public bodies Health how many staff in his Department were made about how many staff were made redundant and how redundant in (a) 2010-11, (b) 2011-12 and (c) many redundancy payments were made in lieu of notice. 2012-13; and how many such staff received payments This is given in the following tables. in lieu of notice. [170370] 597W Written Answers14 OCTOBER 2013 Written Answers 598W

Dr Poulter: Details of the number of civil servants have been in young people under the age of 18 across who were made redundant and the number who received (a) England, (b) Essex and (c) Harlow in each of the payments in lieu of notice for the periods requested are last three years. [170002] shown in the following table: Norman Lamb: The following table shows the most Number of redundancies recent available data as requested for each of the three (both voluntary and Number of payments in compulsory) lieu of notice years, for young people under the age of 18 across England, Essex and Harlow. It should be noted that 2010- 261 7 these are data from all Essex primary care trusts (PCTs) 111 and Harlow is included in the West Essex PCT. 2011-12 19 5 2012-13 27 4 We are unable to provide a specific breakdown of 1 Date new compensation scheme came into effect and changes were data for Harlow, as the lowest level of geographic made to exit payments. information available for the three years requested is at Self-harm: Children PCT level. It should also be noted that this is not a count of Robert Halfon: To ask the Secretary of State for people as the same person may have been admitted on Health how many reported incidents of self-harm there more than one occasion.

Activity in English NHS Hospitals and English NHS commissioned activity in the independent sector West Essex PCT North East South East South West (includes Mid Essex PCT Essex PCT Essex PCT Essex PCT Harlow) England

2009-10 0 to 17 57 49 57 33 41 12,944 2010-11 0 to 17 76 76 41 45 37 13,995 2011-12 0 to 17 76 66 33 40 47 13,231 Source: Hospital Episode Statistics (HES), Health and Social Care Information Centre

Shingles: Vaccination and economic evidence, as well as vaccine safety and efficacy data relevant to a herpes zoster (shingles) Tom Blenkinsop: To ask the Secretary of State for vaccination programme, and recommended that a universal Health if he will extend the provision of shingles herpes zoster vaccination programme for adults aged 70 vaccinations to patients aged 71 to 78. [170156] up to and including 79 years be introduced, provided that a licensed vaccine was available at a cost effective Jane Ellison: The Joint Committee on Vaccination price. Zostavax® vaccine is the only market authorised and Immunisation has recommended a universal herpes shingles vaccine available in the United Kingdom. zoster (shingles) vaccination programme for adults aged A routine herpes zoster vaccination programme for 70 years up to and including 79 years. Zostavax® vaccine those aged 70 began in England on 1 September 2013. is the only market authorised shingles vaccine available A catch-up programme for the vaccination of those in the United Kingdom. aged 71 to 79 years will also be undertaken, with those In 2013-14, supplies of the vaccine have been secured aged 79 to be offered the vaccine this year. Those aged sufficient for the routine vaccination of adults aged 70 71 to 78 will be offered vaccination in future years, and for those aged 79 years on a ‘catch-up’ basis. This is dependent upon vaccine availability. a standard approach to the introduction of a new vaccination programme where initial supplies of vaccine Smoking are limited. It allows vaccination of the optimum number of people and ensures we are able to use national health Alex Cunningham: To ask the Secretary of State for service resources to provide the greatest benefit from Health how much was spent on the smoke-free homes the amount of vaccine available. and cars campaign in spring 2013. [169869] It is not possible to extend provision to patients aged 71 and 78 years in the current 2013-14 vaccination Jane Ellison: Public Health England (PHE) spent season. There will be a progressive programme to vaccinate £1.2 million on advertising for the Smokefree Homes all those in the recommended age groups. This will and Cars campaign in June 2013. This is PHE advertising mean that in the longer term all of those aged between spend only. 70 and 79 will be able to receive the vaccine. How quickly that can be achieved is dependent in part on the Alex Cunningham: To ask the Secretary of State for availability of shingles vaccine in coming years . Health how his Department plans to measure the effectiveness of the recent smoke-free homes and cars Tom Blenkinsop: To ask the Secretary of State for campaign. [169870] Health what assessment he has made of the benefit to public health of extending the provision of shingles Jane Ellison: Public Health England will be evaluating vaccinations to those aged 71 to 78. [170157] the 2013 Smokefree Homes and Cars campaign through: pre and post campaign tracking research surveys with the Jane Ellison: The Joint Committee on Vaccination target audience to measure awareness and attitude and behaviour and Immunisation reviewed the medical, epidemiological, changes; and 599W Written Answers14 OCTOBER 2013 Written Answers 600W

analysis of other response data such as web traffic, orders of Carbon Emissions the Smokefree Kit, and online responses to the advertising and social media (e.g. Facebook) activity. David T. C. Davies: To ask the Secretary of State for Education how much his Department spent on the Tobacco: Packaging Government Carbon Offsetting Framework in the latest year for which figures are available. [169855] Mr Frank Field: To ask the Secretary of State for Health whether his Department has made an Elizabeth Truss: In 2011-12, the Department for assessment of the potential effect of plain packaging Education spent £835 on the Government Carbon for tobacco products on reducing smoking levels Offsetting Framework. This offset 1,228 tonnes of carbon among young people in England. [170102] emissions from business-related air and rail travel. In addition, the Department has reduced its annual Jane Ellison: The Department published a consultation- carbon emissions from energy and travel by 6,597 tonnes stage impact assessment alongside the “Consultation or 29% since 2009-10, saving the tax payer £6.7 million on standardised packaging of tobacco products” in per year. April 2012. This set out information on the likely costs and benefits if standardised packaging were to be introduced Children: Mental Health and invited respondents to submit additional relevant information. Robert Halfon: To ask the Secretary of State for The Government has decided to wait before making Education what responsibilities a school has if it a final decision on standardised packaging. This allows believes a pupil is suffering from mental health issues. time to benefit from the experience of Australia, where [170000] they introduced standardised packaging in December 2012. The policy remains under active consideration. Mr Timpson: Good schools take action to boost pupils’ mental health resilience and intervene early to set those at risk of more serious problems back on track. When children need more specialist support, schools refer pupils to specialist medical services such EDUCATION as children and adolescent mental health services (CAMHS) or work with partners to access the clinical expertise Bus Services: Concessions they need. We are consulting on a new special educational needs David Morris: To ask the Secretary of State for (SEN) code of practice which includes changes to the Education if he will extend eligibility for free bus travel identified areas of SEN to promote early identification for school students aged over 16, following the of underlying mental health issues that might lead to a implementation of the increased compulsory participation pupils having SEN. This will enable better provision of age. [170254] support, for example through targeted access to CAMHS or other support services. Mr Laws: The responsibility for post-16 transport Children: Poverty support lies with local authorities. The authorities are under a duty to publish a post-16 transport policy statement each year that sets out the travel arrangements Ian Swales: To ask the Secretary of State for they will make to support young people to access further Education how poverty among five, six and seven year education. This applies to all students of sixth form age, olds will be measured and recorded following the whether they attend a school sixth form or another announcement that every child in this age group will establishment. now qualify for free school meals. [170247] The level of support provided is for local authorities Mr Laws: Child poverty is measured against four to decide and the arrangements do not have to include targets as outlined in the Child Poverty Act 2010 (relative free or subsidised travel. However, local authorities are income, absolute income, low income with material expected to make reasonable decisions based on the deprivation and persistent poverty). Figures on the needs of their population, the local transport infrastructure, number and proportion of children in poverty are published and the resources they have available. in the Household Below Average Income (HBAI) statistical As well as any support provided by local authorities, release by the Department for Work and Pensions. The young people in many areas also receive discounts from HBAI publication includes figures on the proportion of bus operators, which are determined by the operators children who are in poverty where the youngest child in themselves. Some schools and colleges also provide the family is aged 0 and four, five and 10, 11 and 15 and direct support for their students, for example through 16 and 19-years-old. The recent announcement that all school or college buses, and financially disadvantaged infant pupils will be entitled to receive free school meals students can also apply for assistance through the 16-19 from September 2014 will not change the way poverty is Bursary Fund via their school or college. measured and recorded in the HBAI publication. Local authorities and providers are encouraged to We are considering the possible implications of universal work together to ensure that transport support provided free school meals on how the Department uses free by authorities, alongside the Bursary Fund, are used school meal registration data as a measure of deprivation effectively together to help meet post-16 students’ transport in all school funding, including the pupil premium. We costs. will set out our proposals in due course. 601W Written Answers14 OCTOBER 2013 Written Answers 602W

Children: Self-harm In other cases, there would be consultation in advance of a wider announcement; often through a formal and Robert Halfon: To ask the Secretary of State for extensive process. There are also regular meetings between Education what provision there is for supporting officials, Ministers and a wide range of stakeholders school age children who are found to be self-harming. who represent teachers and head teachers about the [170001] potential impact of education policy on their members.

Norman Lamb: I have been asked to reply on behalf Education: Armed Forces of the Department of Health. The Children and Adolescent Mental Health Service Cathy Jamieson: To ask the Secretary of State for (CAMHS) is there to support children of school age Education whether the current education curriculum at who are found to be self-harming. AFC Harrogate (namely functional skills at Level 1 in English and mathematics and a level 2 IT certificate) Children’s mental health is a priority for this meets the requirements for compulsory education of 16 Government. That is why we are investing £54 million to 18-year-olds. [170523] over the four-year period 2011-15 in the Children and Young People’s Improving Access to Psychological Mr Laws: From the start of the 2013/14 academic Therapies programme to drive service transformation year, young people will be required to participate in in CAMHS—giving children and young people improved education or training until the end of the academic year access to the best mental health care by embedding in which they turn 17. Young people can participate evidence based practice and making sure whole services through full-time education, an apprenticeship, or work use session by session outcome monitoring. and volunteering combined with part-time education or The Department is now funding the development of training. interactive e-learning programmes via an ePortal, intended Serving in the armed forces provides relevant training for professionals and to be delivered in 2014. It will for young people and provides an excellent career route. extend the skills and knowledge of national health As the terms of service and training within the armed service clinicians, staff working in universal settings, forces vary, we have made provision so that a serving such as teachers, social workers, and counsellors and member of the armed forces who is participating in the supervisors working in a range of educational and training given to new members, such as those studying youth settings. This will also explore whether e-therapy at AFC Harrogate, will automatically be treated as options can be delivered to children and young people, meeting their duty to participate without any requirement such as computerised cognitive behavioural therapy. to deliver specific subjects or programmes. For the purposes of these regulations, ″armed forces″ Cost-effectiveness means the naval, military or air forces of the Crown, but not the reserve forces. Mr Watson: To ask the Secretary of State for Education what steps his Department is taking to share Free School Meals back office services with other Government Departments; and if he will make a statement. [170553] Lyn Brown: To ask the Secretary of State for Elizabeth Truss: The Cabinet Office is creating two Education what discussions his Department has had on independent shared service centres (ISSC) to bring together legally obliging sixth forms to provide free school back office functions across Government. The Department meals to eligible students. [170139] for Education is working with Cabinet Office to ensure that the future ISSC2 will meet our needs and enable Mr Laws: Under current legislation, school sixth further savings and process improvements. forms are obliged to provide free school meals to students who meet the free school meal entitlement criteria. There is currently no similar duty in relation to college Disclosure of Information students. On 18 September, the Deputy Prime Minister announced Richard Burden: To ask the Secretary of State for that, from September 2014, the Government will extend Education what his Department’s (a) policy is on and entitlement to free meals to disadvantaged students in (b) process is for informing teachers and head teachers further education and sixth form colleges. of policy announcements before such announcements are published elsewhere; and in what circumstances Mr Blunkett: To ask the Secretary of State for such a policy would be set aside. [170707] Education what arrangements are being made to facilitate the registration of those entitled to free school Mr Laws: The Department is committed to constructive meals in order to ensure that schools are entitled to the engagement with teachers and head teachers. pupil premium; and if he will make a statement. For some essential information, there is direct [170142] communication with all schools in advance of any wider publication. At the start of each term, the Department Mr Laws: Free school meal registration is the produces a package of communications designed for responsibility of schools and local authorities. The schools, containing information for schools to act on, Department’s Eligibility Checking Service, which was or new information which it would be useful for them to first introduced in 2009 and is now used by the majority know. of local authorities, has made it much easier and quicker 603W Written Answers14 OCTOBER 2013 Written Answers 604W to check which families are entitled to free school meals Languages: Education for their children. National free school meals take-up has increased by 80,000 between 2010 and 2013. Mr Andrew Smith: To ask the Secretary of State for The pupil premium is allocated to schools on the Education (1) what steps he plans to take to ensure that basis of the number of pupils who have been registered any gains in modern language learning at primary level for free school meals at any point in the last six years. result in increased uptake at secondary level; [170633] This information is collected through the School Census (2) what policies he is implementing to strengthen in January. modern language provision and uptake at secondary We recently announced that all infant pupils will be and tertiary level. [170668] entitled to receive free school meals from September 2014. Pupil premium funding for 2014-15 will not be Elizabeth Truss: A foreign language will be compulsory affected by this change as the allocations are informed for all 7 to 11-year-olds in maintained schools from by School Census data collected in January 2014. September 2014. Secondary schools should work collaboratively with their primary feeder schools to decide together which languages should be offered. Free Schools: Health Services The introduction of the English baccalaureate performance measure—which includes a modern or Mr Ellwood: To ask the Secretary of State for ancient language—is already making a real difference Education what (a) health checks and (b) nursing care to the number of entries for languages at GCSE, which must be provided at free schools. [169953] increased by 16% between 2012 and 2013. We expect these increases to feed through into A-level and in turn Mr Timpson: Since April 2013, local authorities have increase take-up in higher education. held statutory responsibility for commissioning public Learning Disability health services for children. Health checks and nursing care for pupils are not dependent on the type of school a child attends. Pupils in free schools will have the same Alison McGovern: To ask the Secretary of State for access to health care programmes including immunisation, Education how many children were assessed as having screening programmes and vision and hearing checks as profound and multiple learning difficulties in (a) the pupils in other schools. UK, (b) North West England, (c) Cheshire, (d) Merseyside and (e) the Wirral in the latest year for which figures are available. [170419] GCSE Mr Timpson: Information on children assessed as haying profound and multiple learning difficulties is Richard Burden: To ask the Secretary of State for captured as part of assessments for Special educational Education what assessment he has made of the effects needs (SEN) and if applicable, is recorded as the child’s of mid-course changes to GCSE qualifications on (a) primary need for those with a statement of SEN or at schools and (b) students taking such examinations in School Action Plus. Information on the number of the current academic year. [170253] pupils in England, the North West and each local authority within the North West region, with profound Elizabeth Truss: The Department for Education has and multiple learning difficulties is included in the table. made no mid-course changes to GCSE courses in the Data for Knowsley, Liverpool, St Helens, Sefton and current academic year. Wirral local authorities and these have been totalled in Changes were announced on 29 September 2013 to the table to provide a separate figure for Merseyside. the way those qualifications will be counted in school Full information on pupils with SEN can be found in performance measures. This is to address the significant the ‘Special Educational Needs in England, January rise in early entry to GCSEs in recent years. Evidence 2013’ Statistical First Release1. from the Department’s analysis and Ofsted surveys 1 https://www.gov.uk/government/publications/special-educational shows that extensive early entry is not in students’ best -needs-in-england-january-2013 interests and we are concerned that the current level of Number of pupils with statements of special educational needs (SEN) or at early entry threatens the integrity of the examinations School Action Plus with a primary need of profound and multiple learning system. In these circumstances it is right that we act difficulty1, 2. January 2013—By region and local authority area in England quickly. Schools that have been using early entry Total pupils3 appropriately should have no need to change their LA code Region/local authority (number) plans. England4 10,525 In August the qualifications regulator, Ofqual, announced changes to the way in which the assessment of speaking Merseyside4, 5 280 and listening is reported for GCSE in both English and English language. These changes will take effect from summer 2014. The regulator made this decision, following North West4 1,645 consultation, having reviewed evidence that current E06000008 889 Blackburn with Darwen 50 assessment arrangements do not produce fair outcomes E06000009 890 Blackpool 26 for all students. Ofqual, which is independent of the E08000001 350 Bolton 71 Department, concluded that changing the reporting of E08000002 351 Bury 71 speaking and listening mid-course was the best way to E06000049 895 Cheshire East 60 safeguard standards. E06000050 896 Cheshire West and Chester 49 605W Written Answers14 OCTOBER 2013 Written Answers 606W

Number of pupils with statements of special educational needs (SEN) or at (2) what his plans are for the funding of music hubs School Action Plus with a primary need of profound and multiple learning difficulty1, 2. January 2013—By region and local authority area in England beyond 2015. [170568] Total pupils3 (3) what assessment he has made of the LA code Region/local authority (number) implementation of the National Music Plan. [170570] E10000006 909 Cumbria 121 E06000006 876 Halton 38 Elizabeth Truss: In November 2011 we published the E08000011 340 Knowsley 52 National Plan for Music Education and announced E10000017 888 Lancashire 220 that, from 2012, music education would be provided by E08000012 341 Liverpool 91 a new national network of music education hubs to E08000003 352 Manchester 144 drive excellence in music education across England. E08000004 353 Oldham 66 Since September 2012, 123 hubs have been working E08000005 354 Rochdale 91 to deliver four core roles. These are: to ensure that every E08000006 355 Salford 54 child aged five to 18 has the opportunity to learn a E08000014 343 Sefton 52 musical instrument (other than voice) through whole-class E08000013 342 St Helens 24 ensemble teaching; to provide opportunities to play in E08000007 356 Stockport 85 ensembles and to perform from an early stage; to ensure E08000008 357 Tameside 60 that clear progression routes are available and affordable E08000009 358 Trafford 52 to all young people; and to develop a singing strategy to E06000007 877 Warrington 17 ensure that every pupil sings regularly and that choirs E08000010 359 Wigan 87 and other vocal ensembles are available in the area. E08000015 344 Wirral 62 Hubs can also choose to deliver ″extension″ roles 1 Pupils at School Action Plus and those pupils with a statement of SEN such as staff training, instrument loan services, or large provided information on their primary need and, if appropriate, their secondary need. Information on primary need only is given here. scale performance opportunities with professional 2 Includes pupils who are sole or dual main registrations. musicians. 3 Includes all state-funded primary schools, state-funded secondary schools, middle schools, city technology colleges, university technology colleges, studio The hubs are managed by the Arts Council England schools, maintained and non-maintained special schools and academies, including which collects data from hubs annually to inform an free schools. assessment of impact. The first data, covering 2012/13 4 National and regional totals and totals across local authorities have been rounded to the nearest 5. There may be discrepancies between totals and the will be published in the spring of 2014. sum of constituent parts. We have also confirmed music as a statutory subject 5 Includes Knowsley, Liverpool, St Helens, Sefton and Wirral local authorities. for all children between the ages of five and 14 in the Alison McGovern: To ask the Secretary of State for revised national curriculum. The revised programmes Education what the median cost of providing of study for music have an increased focus on the need education for a child with profound and multiple for activities to be undertaken ’musically’ with reference learning difficulties in England was in the most recent to learning to play a musical instrument and an increased year for which figures are available; and what the range focus on singing. of such costs was. [170506] No decisions have yet been made on funding hubs beyond 2015. Mr Timpson: The Department for Education does Until recently, the implementation of the National not collect data on the cost of educating pupils with Plan for Music Education (NPME) was overseen by the special needs. However, there is published information NPME Monitoring Board which I jointly chaired with about the costs of special schools. Local authorities the Under-Secretary of State for Culture, Communications report expenditure through the annual section 251 return. and Creative Industries. It will now be overseen by a Pupil numbers are available from the schools census. new Cultural Education Board which we will continue Using these two datasets, it is possible to calculate the to chair alongside a new joint chair, Darren Henley, minimum, maximum and median spend per pupil in whose reviews of music and cultural education underpin maintained special schools by local authority. activity in this area. The new Board meets for the first 2011-12 spend per pupil (FTE) in maintained special schools by local time at the end of this month. authority £ Kevin Brennan: To ask the Secretary of State for Education how much funding his Department has Minimum 9,913 provided for music education for each pupil in each Maximum 168,025 financial year since 2010. [170569] Median 29,010 The latest available out-turn data from section 251 Elizabeth Truss: Funding for music education and the census numbers used to calculate the above per programmes is not allocated on a per pupil basis. pupil spend relates to the 2011-12 financial year. Data for 2012-13 will be published in January 2014. National Curriculum Tests

Music: Education Eric Ollerenshaw: To ask the Secretary of State for Education pursuant to the answer of 10 September Kevin Brennan: To ask the Secretary of State for 2013, Official Report, column 697W, on National Education (1) what progress he has made on ensuring Curriculum tests (1) how many papers were sent to that all young people have the chance to learn an schools in (a) 2012 and (b) 2013; [169919] instrument and receive top quality music education; (2) how many papers were printed in (a) 2012 and [170567] (b) 2013. [169920] 607W Written Answers14 OCTOBER 2013 Written Answers 608W

Elizabeth Truss: Test paper quantities are based on Performance management out-turn figures for grades executive the information that schools provide during the test assistant to grade 6 orders and pupil registration windows. In 2012, 1,091,044 Percentage test packs were printed and collated, with 1,035,289 Proportion of all other staff dispatched to schools. In 2013, 955,032 test packs were Performance Proportion of including those who have not rating disabled staff declared printed and collated, with 925,967 dispatched to schools. The amount of contingency applied has been refined Exceeded 16.7 24 over the years. The number of surplus test papers has Achieved 64 66.6 been reduced from 167,966 in 2009 to 29,065 in 2013. Must improve 19.3 9.4 From a manufacturing cost and time perspective, it is more efficient to over manufacture than to go back to Pre-school Education printing should the initial volumes not meet the number of pupils registered. Mr Sheerman: To ask the Secretary of State for Additional packs are printed as a contingency specifically Education what assessment his Department has made for KS1 and KS2 L3-5 tests. KS2 L6 test papers are of the shortfall in (a) supply of and (b) demand for manufactured against the numbers from pupil registration, two-year old nursery places available in (i) Huddersfield, with contingencies specifically for those pupils only, so (ii) Kirklees, (iii) Yorkshire and (iv) England. [169980] there is no surplus stock of L6 papers. Elizabeth Truss: Local authorities are under a statutory Eric Ollerenshaw: To ask the Secretary of State for duty to secure sufficient places for two-year-olds under Education pursuant to the answer of 10 September the programme introduced this September. There is no 2013, Official Report, column 697W, on National evidence that there is a shortfall in the supply of places. Curriculum tests, how many of the schools which made The Department has previously published estimates a formal complaint were successful. [169921] of the number of children who will be eligible under each phase of the programme of early learning for Elizabeth Truss: None of the schools who made a two-year-olds by local authority for September 2013. formal complaint had a legitimate reason for missing We do not have estimates by parliamentary constituency the level 6 pupil registration deadline in 2013; therefore and so cannot provide the figure for Huddersfield. The there were no successful appeals against the Standards total number of children we expect to be able to access and Testing Agency’s decisions. places for: (i) Kirklees is 1,118, (ii) the Yorkshire and Humber region is 13,667, and (iii) England as a whole is Eric Ollerenshaw: To ask the Secretary of State for 130,000. Education pursuant to the answer of 10 September 2013, Official Report, column 697W, on National Pre-school Education: Inspections Curriculum tests, what happens when schools report exceptional circumstances (a) on and (b) after the Mr Sheerman: To ask the Secretary of State for Education (1) what steps he has taken to ensure that deadline. [169922] Prospects is a suitable provider of early years education Elizabeth Truss: Schools that reported exceptional inspections and can deliver value for money; [169967] circumstances on or after the deadline were considered (2) what steps he has taken to ensure that Tribal for late registration on a case-by-case basis by the Group (a) is a suitable provider of early years Standards and Testing Agency. education inspections and (b) can deliver value for money; [169978] Performance Appraisal (3) what steps his Department is taking to ensure the quality, consistency and efficacy of the inspections Mrs Lewell-Buck: To ask the Secretary of State for processes for early years education providers. [169981] Education what proportion of (a) disabled and (b) all other staff employed by his Department received each Elizabeth Truss: These questions are a matter for level of performance rating in their end of year Ofsted. I have asked Her Majesty’s Chief Inspector, Sir performance assessment for 2012-13. [170504] Michael Wilshaw, to write to the hon. Member. Copies of his response will be placed in the House Libraries. Elizabeth Truss: The information requested is set out Redundancy in the following tables. Two tables are provided because different performance management arrangements exist Jackie Doyle-Price: To ask the Secretary of State for for senior civil servants (SCS) and staff below SCS Education how many staff were made redundant from level. non-departmental public bodies accountable to his Performance management out-turn figures for senior civil servants Department in (a) 2010-11, (b) 2011-12 and (c) (SCS pay bands 1-3) 2012-13; and how many redundancy payments were Percentage made in lieu of notice. [170348] Proportion of all other staff Performance Proportion of including those who have not Elizabeth Truss: The Department does not hold this rating disabled staff declared information centrally. Those non-departmental public Top 0 24.1 bodies (NDPBs) still in existence have provided the Achieving 100 59.2 Department with their figures, shown in the table. For those NDPBs that have now closed we have used previously Low 0 16.7 provided data where available. 609W Written Answers14 OCTOBER 2013 Written Answers 610W

Payments in lieu of Voluntary release Compulsory release notice

April 2010 to March 2011 British Educational Communications and Technology Agency (BECTA) 143 27 1— Children and Family Court Advisory and Support Service (CAFCASS) 79 40 15 Children’s Workforce Development Council (CWDC) 11 0 1— General Teaching Council for England (GTCE) 0 0 1— National College (NC) 20 0 1— Office for the Children’s Commissioner (OCC) 0 0 0 Office of Qualifications and Examinations regulation (Ofqual) 0 0 0 Office of Standards in Education, Children’s Services and Skills (Ofsted) 26 0 0 Partnerships for Schools (PFS) 12 0 1— Qualifications and Curriculum development Agency (QCDA) 140 0 1— School Food Trust (SFT) 12 4 2— Training and Development Agency (TDA) 21 0 1— Young People’s Learning Agency (YPLA) 0 0 1—

April 2011 to March 2012 Children and Family Court Advisory and Support Service (CAFCASS) 19 67 22 Children’s Workforce Development Council (CWDC) 34 0 1— General Teaching Council for England (GTCE) 80 7 1— National College (NC) 30 0 1— Office for the Children’s Commissioner (OCC) 1 0 1 Office of Qualifications and Examinations regulation (Ofqual) 0 0 0 Office of Standards in Education, Children’s Services and Skills (Ofsted) 1 0 1 Partnerships for Schools (PFS) 21 0 1— Qualifications and Curriculum development Agency (QCDA) 50 0 1— School Food Trust (SFT) 142— Training and Development Agency (TDA) 0 0 1— Young People’s Learning Agency (YPLA) 5 0 1—

April 2012 to March 2013 Children and Family Court Advisory and Support Service (CAFCASS) 14 9 5 Office for the Children’s Commissioner (OCC) 1 0 1 Office of Qualifications and Examinations regulation (Ofqual) 16 0 12 Office of Standards in Education, Children’s Services and Skills (Ofsted) 139 0 20 1 NDPB closed. Information no longer available. 2 No longer an NDPB. Information not available.

Jackie Doyle-Price: To ask the Secretary of State for Mr Timpson: We want to ensure that all children have Education how many staff in his Department were the chance to enjoy sport in school and to compete made redundant in (a) 2010-11, (b) 2011-12 and (c) against their peers. In March 2013 we committed cross- 2012-13; and how many such staff received payments government funding of £150 million per year for each in lieu of notice. [170366] of the academic years 2013/14 and 2014/15 to improve the provision of PE and sport in primary schools. Elizabeth Truss: Since 2010, the Department has not PE is, and will remain, compulsory at all four key made any staff compulsorily redundant, but has agreed stages of the national curriculum. The new programme voluntary early releases. These releases contribute to of study published in September 2013 places a greater making a reduction in the Department’s admin budget emphasis on competitive sport, while also exemplifying of 50% in real terms, saving £176 million a year by a range of team and individual sports and other activities, March 2015. including dance. These will appeal to a broad range of pupils. Number of voluntary Number of payments We are also supporting the cross-government School Financial year early releases in lieu of notice Games Programme and applaud its impact on competitive 2012-13 466 20 sport in schools and on encouraging more young people 2011-12 177 34 to participate in sport. 2010-11 141 1

Schools: Sports Schools: Standards

Caroline Dinenage: To ask the Secretary of State for Karen Lumley: To ask the Secretary of State for Education what steps he is taking to encourage Education what steps he is taking to improve the children to take part in school sports. [169715] standards of the poorest performing schools. [170105] 611W Written Answers14 OCTOBER 2013 Written Answers 612W

Mr Laws: The Department supports the poorest For post-16 children, local authorities are under a performing schools, including those judged by Ofsted duty to publish a post-16 transport policy statement to be inadequate, to become sponsored academies with each year that sets out the travel arrangements they will a high quality sponsor who can turn performance around make to support young people to access further education rapidly.Ofsted has implemented a more rigorous inspection in schools, colleges or other establishments. The level of framework, with performance data forming part of support provided is for local authorities to decide and information to target inspections on the weakest schools. the arrangements do not have to include free or subsidised We have issued statutory guidance to local authorities travel—but local authorities are expected to make reasonable (LAs), which makes very clear our expectations that decisions based on the resources available and the needs LAs should take swift and robust action when maintained of their community. schools are not good enough. This includes our expectation In addition to local authority support, young people that poorly performing schools should be matched with can often receive discounts from bus operators; these a strong sponsor. Local authorities should consider are determined by the operators themselves. Some schools imposing interim executive boards to replace failing and colleges also provide direct support through school governing bodies and issuing warning notices to set out college buses, and financially disadvantaged students the action required to improve standards. The guidance can also apply for support from the 16-19 Bursary Fund can be found at: via their school or college. http://www.education.gov.uk/aboutdfe/statutory/g00192418/ Local authorities are encouraged to work together scc with providers to ensure the bursary fund is used to effectively support post-16 students’ transport costs. Schools: Swimming Sixth Form Colleges Andrew Stephenson: To ask the Secretary of State for Education (1) how much his Department spent on John Pugh: To ask the Secretary of State for promoting safe swimming in schools in each of the last Education what plans his Department has to ensure three years; [169847] that students in sixth form colleges receive the same (2) what his policy is on schools providing pupils benefits and entitlements as students pursuing A level courses in FE colleges and 11 to 18 schools. [170237] with information about swimming safely. [169848]

Mr Timpson: Swimming will remain a compulsory Mr Laws: The only entitlement that is currently different part of the new national curriculum. All pupils must be between different types of 16 to 19 institutions is the taught to swim at least 25 metres unaided and be able to entitlement to a free meal for disadvantaged students in use recognised swimming strokes by the end of key schools and academies, which does not at present extend stage 2. It is also required that a child can demonstrate to disadvantaged students in other 16 to 19 institutions. an understanding of water safety. The Deputy Prime Minister announced on 18 September The Department’s website includes links to the website that disadvantaged students at sixth form colleges and of the Amateur Swimming Association (the national further education colleges will also be eligible for free governing body of swimming in England) which includes school meals from September 2014. We will announce detailed advice for teachers about measures to ensure more details about the implementation of this commitment children’s safety when swimming. after the autumn statement. There is no separate element of school funding that The White Paper “The Importance of Teaching”, relates specifically to the promotion of safe swimming. published on 24 November 2010, set out the Government’s In March we committed cross-government funding of commitment to end the disparity in funding for 16 to £150 million per year across the academic years 2013/14 18-year-olds so that from the. academic year 2015/16, and 2014/15 to improve the provision of PE and sport schools and colleges will be funded at the same level as in primary schools. This funding can be used to improve one another for like-for-like provision. We moved schools a school’s provision of swimming. on to the same national funding rate as colleges in the academic year 2011/12 and put in place transitional protection for four years, to give schools time to adapt Schools: Transport to the new funding regime. The transitional protection will cease at the end of 2014/15 and funding for institutions Julian Sturdy: To ask the Secretary of State for offering similar provision to similar students will then Education what steps he is taking to encourage local be the same. authorities to provide free travel for students up to the end of their school careers. [169744] Standards and Testing Agency

Mr Laws: For children of compulsory school age Eric Ollerenshaw: To ask the Secretary of State for (five to 16), local authorities are under a duty to make Education pursuant to the answer of 10 September suitable travel arrangements where they consider it necessary 2013, Official Report, column 699W, on Standards and to secure a child’s attendance at school. Testing Agency, on how many occasions he has met They must provide free transport in prescribed officials of the Standards and Testing Agency; and circumstances, including for children who are unable to what the date of the most recent meeting was. [169924] walk to school because of issues related to their special educational needs or disability. Local authorities also Elizabeth Truss: The Secretary of State for Education, have discretion to provide transport beyond the statutory my right hon. Friend the Member for Surrey Heath requirements for which a charge can be made. (Michael Gove), has met officials from the Standards 613W Written Answers14 OCTOBER 2013 Written Answers 614W and Testing Agency (STA) on many different occasions. Air Passenger Duty The last officially recorded meeting in his office took place on 14 May 2013. However, officials from the Zac Goldsmith: To ask the Chancellor of the Standards and Testing Agency are often present at Exchequer pursuant to the written answer of 29 August other meetings held by the Secretary of State, 2013, Official Report, column 988W, on Air Passenger Duty, if he will introduce an official definition of Teachers: Training aviation hub. [170256] Nicky Morgan: The Government has set up the Mr Sheerman: To ask the Secretary of State for independent Airports Commission to examine the question Education what estimate his Department has made of of how best to maintain the UK’s international hub the number of hours of annual safeguarding training received each year on average by (a) primary, (b) connectivity. The Commission’s fourth discussion secondary and (c) post-16 teaching staff in England. paper examines airport operational models, including [169975] that of a hub. The discussion paper and stakeholder responses are Mr Timpson: The Department for Education does available at: not hold this information. https://www.gov.uk/government/publications? departments%5B%5D=airports-commission The Government has issued statutory guidance to help schools and further education colleges understand Child Trust Fund their responsibilities, including the appropriate training of staff. The current guidance is being revised and Mr Anderson: To ask the Chancellor of the updated and will be published shortly. Exchequer (1) whether he has developed plans that will allow the transfer or conversion of funds in child trust funds into junior ISAs; [169839] (2) when he will publish the results of the TREASURY consultation on transferring child trust fund accounts into junior ISAs. [169840] Aggregates Levy Nicky Morgan: A summary of responses document will be published shortly which will outline how the Ms Ritchie: To ask the Chancellor of the Exchequer Government intends to proceed in response to the what annual total tonnage of aggregates exempt from consultation. the aggregates levy was registered or claimed in each year from 2002 to 2012. [170541] Companies: Ownership

Nicky Morgan: HM Revenue and Customs (HMRC) Mr Frank Field: To ask the Chancellor of the Exchequer publishes a tax bulletin for the aggregates levy on a whether he has considered extending the public register quarterly basis. These can be found at the following for company owners to the British Overseas Territories. link: [170103] https://www.uktradeinfo.com/Statistics/Pages/TaxAndDuty Bulletins.aspx Mr Gauke: UK legislation is generally not extended The figures provided show tonnages declared by to the Overseas Territories without the consent of their those companies registered for the aggregates levy. governments. The Overseas Territories are separate Companies which do not commercially exploit any jurisdictions with their own Constitutions under which material on which the levy is due are not obliged to most are responsible for fiscal matters. They have complete aggregates levy returns. As such, the figures already developed policies in respect of beneficial provided only reflect the annual tonnage of exempted ownership and anti-money laundering. Each of the material commercially exploited by those companies Overseas Territories with a financial services industry registered for the aggregates levy. has published action plans to set out the steps they will take to deliver much greater clarity about who really owns, controls, and benefits from companies, and to Aggregates Levy: Northern Ireland ensure that this information is available to tax authorities and law enforcement authorities. Ms Ritchie: To ask the Chancellor of the Exchequer The UK has published a consultation on corporate what the annual total tonnage of aggregates on which transparency following the publication of its action the aggregates levy was paid was in Northern Ireland in plan on beneficial ownership; the Overseas Territories each year from 2002 to 2012. [170542] will also be consulting on their plans. We will continue to work with them on the implementation of their Nicky Morgan: HM Revenue and Customs (HMRC) commitments. does not record the amount of aggregates levy paid by quarries in different areas of the UK. Quarries Conditions of Employment operating in Northern Ireland could form part of a larger company which pays tax elsewhere in the UK. It Andy Sawford: To ask the Chancellor of the is therefore not possible to ascertain the exact tonnage Exchequer what the (a) median and (b) inter-quartile of aggregates on which the aggregates levy was paid in range of hourly pay for employees on zero-hours Northern Ireland. contracts is. [169906] 615W Written Answers14 OCTOBER 2013 Written Answers 616W

Mr Hurd: I have been asked to reply on behalf of the Sajid Javid: Under the primary debt relief Cabinet Office. mechanism for low income countries, the Heavily The information requested falls within the indebted Poor Country (HIPC) initiative, countries responsibility of the UK Statistics Authority. I have must meet the following conditions in order to qualify asked the authority to reply. for debt relief: be identified as low income, based on eligibility to borrow Letter from Director, Head of Operations: from the World Bank’s International Development Agency As Director General for the Office for National Statistics, I and from the IMF’s Poverty Reduction and Growth Trust; have been asked to reply to your Parliamentary Question asking face an unsustainable debt burden that requires a HIPC debt the Chancellor of the Exchequer, what the a) median and b) treatment; inter-quartile range of hourly pay for employees on zero-hours have established a track record of reform and sound policies contracts is. 169906 through IMF and World Bank supported programmes; and The requested information is not available. Estimates of agree and implement a Poverty Reduction Strategy Paper. people in employment on zero hours contracts are available from the Labour Force Survey but the sample size prevents the Multilateral discussions on debt relief take place at provision of the additional detail requested. the Paris Club. For non- HIPCs there are no set conditions for countries to receive debt relief, but Paris Cooperative Bank Club agreements typically require evidence of sound economic and, where appropriate, poverty reduction policies. Katy Clark: To ask the Chancellor of the Exchequer (1) if he will assess the potential effects of the Ian Lucas: To ask the Chancellor of the Exchequer Co-operative Bank’s capital action plan on 13 per cent what countries are currently receiving debt-relief from perpetual subordinated bondholders; [169725] the UK as part of the (a) Heavily Indebted Poor (2) if he will assess the effects of decisions taken by Countries Initiative and (b) Multilateral Debt Relief the Prudential Regulation Authority on the value of Initiative. [169968] the Co-operative Bank’s 13 per cent perpetual subordinated bondholders. [169726] Sajid Javid: Information on the countries that have received debt relief from the UK and other creditors Sajid Javid: The Co-op Bank has made clear that the under the Heavily Indebted Poor Countries initiative is 13% subordinated bonds are included in its liability available on the IMF website at: management exercise (LME). Co-op has not yet http://www.imf.org/external/np/exr/facts/hipc.htm published the detail of its offer to these investors. Some The Multilateral Debt Relief Initiative (MDRI) information is available from the Co-op website at: covers debts owed to the International Monetary www.co-operative.coop/corporate/Press/Press-releases/ Fund, World Bank and African Development Bank Headline-news/Update-on-capital-position rather than bilateral debts owed to individual countries like the UK. Information on the countries that have The value of bonds held by investors in financial benefited from MDRI is also available on the IMF institutions is liable to change, and can do so for a website at: variety of reasons. The PRA is independent of Government, and it acts in accordance with its http://www.imf.org/external/np/exr/facts/mdri.htm statutory objectives. This question has therefore been passed to PRA, who will reply to the hon. Lady directly Financial Services by letter. A copy of the letter will be laid in the Library of the House. Paul Flynn: To ask the Chancellor of the Exchequer if he will bring forward legislative proposals to ensure Currencies that when individuals working in the financial sector are found guilty of malpractice, they are personally liable for any fine levied. [170609] Tom Blenkinsop: To ask the Chancellor of the Exchequer whether he intends to lay before Parliament an amendment Sajid Javid: The Financial Services and Markets Act to the Financial Services and Markets Act 2000 (Regulated 2000 already provides that any individual on whom a Activities) Order 2001, as amended, to regulate the use financial penalty is imposed by a regulator under that and issuance of virtual currencies, where monetary Act is personally liable for the amount of the penalty. value is represented other than as a claim on an issuer. [170198] Financial Services: Scotland

Sajid Javid: The Government has no plans to amend Ian Murray: To ask the Chancellor of the Exchequer the Financial Services and Markets Act 2000 whether consideration has been given to introducing a (Regulated Activities) Order 2001 to regulate the use protected minimum balance in the use of continuous and issuance of virtual currencies. payment authorities as is in force for bank arrestments in Scotland under the Bankruptcy and Diligence etc. Debts Written Off: Developing Countries (Scotland) Act 2007. [170476] Sajid Javid: Whether to introduce a protected minimum Ian Lucas: To ask the Chancellor of the Exchequer balance in the use of continuous payment authorities what conditions the Government attaches to countries (CPAs) is a decision for the Financial Conduct Authority receiving debt relief. [169966] (FCA) to take. The FCA will have the power to introduce 617W Written Answers14 OCTOBER 2013 Written Answers 618W such a rule from 1 April 2014 when responsibility for Gift Aid: Scotland consumer credit regulation will transfer from the Office of Fair Trading (OFT) to the FCA. Katy Clark: To ask the Chancellor of the Exchequer Following the transfer of consumer credit regulation how the Gift Aid system will be affected by the introduction to the FCA, existing OFT guidance which prevents of a variable rate of income tax in Scotland as mandated lenders using a CPA where it would leave the customer in the Scotland Act 2012. [169846] without a subsistence balance (i.e. sufficient funds to meet priority debts and essential living expenses) will Mr Gauke: Following discussions with charities’ be turned into a binding FCA rule which is particularly representatives, the Government has decided that once important given the introduction of universal credit. the Scottish rate of income tax is introduced, the Alongside this, CPAs will be limited to two attempts Government will continue to repay tax to charities at on any loan (which includes where a firm refinances a the UK basic rate of income tax under the Gift Aid loan); no further CPA attempts will be permitted on scheme. This will apply to donations from all UK subsequent days; and CPA part payment will be taxpayers (including Scottish taxpayers). More details banned, i.e. a lender can only take payment if the can be found in the HMRC Technical Note entitled whole owed sum is in the account. ‘Clarifying the Scope of the Scottish Rate of Income Tax’ published in May 2012. Fracking Import Duties Cathy Jamieson: To ask the Chancellor of the Exchequer how many responses to his Department’s David T. C. Davies: To ask the Chancellor of the consultation on harnessing the potential of the UK’s Exchequer what revenue has accrued to the Exchequer natural resources: a fiscal regime of shale gas, were from import taxes levied on goods imported into the submitted by the closing date of 13 September 2013. UK from (a) Sudan, (b) Bangladesh, (c) Nigeria, (d) [169656] Pakistan, (e) India, (f) Afghanistan, (g) Tanzania and (h) Democratic Republic of Congo in each of the Nicky Morgan: HM Treasury published a last three years. [169558] consultation document with proposals for a fiscal regime for shale gas on 19 July. The consultation closed Nicky Morgan: The following table contains details on 13 September. The Government received a range of of the total revenue accrued to the Exchequer from responses which are now being reviewed. The final duties collected on goods imported to the UK from the policy announcement will be made in the autumn and Sudan, Bangladesh, Nigeria, Pakistan, India, any necessary legislation will be introduced through Afghanistan, Tanzania and the Democratic Republic Finance Bill 2014. of the Congo since 2010.

Country Year Total revenue to the Exchequer (£)

Afghanistan 2010 66,894 2011 96,404 2012 171,161

Bangladesh 2010 160,902,631 2011 220,572,297 2012 257,353,139

Congo Democratic Republic 2010 2,125,811 2011 2,406,217 2012 2,592,128

India 2010 766,064,413 2011 976,584,381 2012 957,451,479

Nigeria 2010 16,078,932 2011 8,934,355 2012 5,058,832

Pakistan 2010 130,152,066 2011 165,714,645 2012 168,744,754

Sudan (North Sudan) 2010 816,199 619W Written Answers14 OCTOBER 2013 Written Answers 620W

Country Year Total revenue to the Exchequer (£)

2011 918,516 2012 886,970

Tanzania 2010 1,775,355 2011 2,315,912 2012 2,711,157

Income Tax Banking fees on transactions like this, including those executed by other Governments, are typically a Mr Raab: To ask the Chancellor of the Exchequer percentage of the total size of the transaction, which in how many people were taken out of the tax income this instance could have amounted to several million system in each year between 2010-11 and 2013-14 as a pounds in fees being paid. However, for this sale the result of the cumulative effect of the Government’s total fees paid to these institutions amounted to only increases in the personal allowance for those aged £5, which is £1 each for the Bookrunners, the under 65 years; and if he will estimate what revenue privatisation strategy adviser and the independent was foregone by the Treasury as a result of these capital markets adviser, so was a very good deal for the increases each year between 2010-11 and 2013-14. taxpayer. [170658] In addition, as part of the legal contracts with the Bookrunners, UKFI negotiated a sharing arrangement Mr Gauke: The Government increased the personal whereby HM Treasury received over £1.1 million from allowance for those aged under 65 years between the commissions that the Bookrunners earned from 2010-11 and 2013-14, as shown in table 1: buyers of the shares. Table 1: Personal allowance (coalition Government formed in May Minimum Wage 2010) £ Mr Hoban: To ask the Chancellor of the Exchequer 2010-11 6,475 what assessment he has made of the effect of increasing 2011-12 7,475 the minimum wage by £1,000 each year on (a) pay as 2012-13 8,105 you earn contributions, (b) employer’s National Insurance 2013-14 9,440 contributions, (c) employee’s National Insurance contributions and (d) tax credits. [170572] By April 2013, the cumulative effect of the Government’s increases in the personal allowance for Mr Gauke: The Treasury has made no such those aged under 65 years (born after 5 April 1948 assessment. since 2013-14 tax year) since 2010-11 had taken 2.4 The national minimum wage is specifically set at the million people out of the income tax system. highest possible rate that will not damage employment 42% were removed by the 2011-12 increase, 10% by prospects. If it is set too high then fewer people will be the 2012-13 increase and 47% from the 2013-14 in work, and these effects would most likely be hardest increase. felt by the young and those who are further from the The estimated cost of these measures published at labour market. Budget is available in table 2.2 of the Budgets 2013, The Low Pay Commission reviews the national 2011 and 2012. minimum wage rates and recommends rate uplifts to Government on the basis of independent judgment and Lloyds Banking Group advice. In addition to the minimum wage, the Government is Luciana Berger: To ask the Chancellor of the helping all working people on low pay by maximising Exchequer what fees were paid to banks advising on their take-home pay. That is why the Government is the sale of Government shares in Lloyds Banking cutting income tax and will have taken 2.7 million Group. [170479] people out of income tax altogether by 2014-15. Sajid Javid: UK Financial Investments Limited Mortgages: First Time Buyers (UKFI) is responsible for managing the Government’s shareholding in Lloyds Banking Group. Consistent Jim Shannon: To ask the Chancellor of the Exchequer with its mandate, UKFI was responsible for devising how many new mortgages for first-time buyers were and executing the recent share sale. The Chancellor issued in England and Wales in each of the last 12 took the final decision to proceed with the sale. months. [170747] UKFI appointed a number of banks to assist in selling the shares. These included three “Bookrunners”, Sajid Javid: The Government does not collect or who were responsible for placing shares with investors; publish data on mortgage lending to first-time buyers. a privatisation strategy adviser whose role was to A number of organisations including the Bank of complement UKFl’s expertise in devising strategies for England, the Financial Conduct Authority, and the realising value for the Government’s shareholdings in Council of Mortgage Lenders collect data on the banks; and an independent capital markets adviser. mortgages, which they make available publicly. 621W Written Answers14 OCTOBER 2013 Written Answers 622W

Mortgages: Government Assistance their parents were able to. Since the financial crisis, larger deposit requirements and falling equity values Graham Jones: To ask the Chancellor of the mean many credit-worthy households cannot get a Exchequer if he will ensure equal regional allocations mortgage, or are trapped in their existing homes unable of funds available through the Help to Buy Scheme. to take the next step. [170182] Budget 2013 announced the Help to Buy: mortgage guarantee scheme to increase the supply of low-deposit Sajid Javid: The Government is committed to mortgages for credit-worthy households. making the aspiration of home ownership a reality for The Help to Buy: mortgage guarantee scheme rules as many households as possible. The Government do not prevent lenders from using the guarantee to wants current and future generations to experience the support mortgages on empty or boarded up properties, benefits of owning their own home, in the same way provided these meet the scheme’s eligibility criteria. their parents were able to. Decisions concerning the availability of mortgages, Since the financial crisis, larger deposit requirements including the types of properties lenders offer and falling equity values mean many credit-worthy mortgages against, remain commercial decisions for households cannot get a mortgage, or are, trapped in individual lenders participating in the scheme. their existing homes unable to take the next step. Budget 2013 announced the Help to Buy: mortgage Tim Farron: To ask the Chancellor of the Exchequer guarantee scheme to increase the supply of low-deposit what steps his Department has taken to ring-fence mortgages for credit-worthy households. mortgage guarantee scheme money for properties with The Help to Buy: mortgage guarantee is available on local occupancy restrictions. [170483] mortgages on homes across the UK. The Government has made £12 billion of guarantees available, which is Sajid Javid: The Help to Buy: mortgage guarantee is sufficient to support £130 billion of high loan-to-value available on mortgages on homes across the UK. The mortgages. Government has made £12 billion of guarantees Decisions concerning the availability of mortgages, available, which is sufficient to support £130 billion of including the regions lenders offer mortgages to, high loan-to-value mortgages. remain commercial decisions for individual lenders Decisions concerning the availability of mortgages, participating in the scheme. including for properties with local occupancy restrictions, remain commercial decisions for individual Graham Jones: To ask the Chancellor of the lenders participating in the scheme. Exchequer whether he plans to limit the number of Help to Buy guarantees which are used to purchase National Insurance Contributions property mortgages between £500,000 and £600,000 in value. [170183] Andy Sawford: To ask the Chancellor of the Sajid Javid: On 8 October 2013, the Chancellor and Exchequer if he will estimate the likely level of revenue the Prime Minister announced that borrowers can start not accrued from National Insurance contributions benefitting from the Help to Buy: mortgage guarantee from (a) employers and (b) employees from employers scheme and published the final scheme rules. restricting workers to hours below a full working week. [169908] The Government is committed to making the aspiration of home ownership a reality for as many households as possible. The Government wants current Mr Gauke: I am unable to give such an estimate, and future generations to experience the benefits of since this could be produced only at disproportionate owning their own home, in the same way their parents cost. were able to. Since the financial crisis, larger deposit requirements and falling equity values mean many Oil: Exploration credit-worthy households cannot get a mortgage, or are trapped in their existing homes unable to take the next Mr Gibb: To ask the Chancellor of the Exchequer step. what estimate he has made of royalty income from The scheme rules set out that for a mortgage to be petroleum exploration and development licences in the considered eligible it must, among other criteria, be on UK in (a) 2012-13 and (b) 2013-14. [170581] a property in the UK with purchase value of £600,000 or less. Nicky Morgan: Royalty on oil and gas production was abolished from 31 December 2002. The Exchequer Graham Jones: To ask the Chancellor of the did not collect any royalty income on this production in Exchequer whether the Help to Buy scheme will be 2012-13 and will not receive any in 2013-14. available for mortgages on empty or boarded up properties. [170184] PAYE Sajid Javid: The Government is committed to making the aspiration of home ownership a reality for Stephen McPartland: To ask the Chancellor of the as many households as possible. The Government Exchequer what the current total amount of tax taken wants current and future generations to experience the through PAYE is on salaries up to (a) £10,000, (b) benefits of owning their own home, in the same way £15,000 and (c) £20,000 respectively. [169984] 623W Written Answers14 OCTOBER 2013 Written Answers 624W

Mr Gauke: Returns from employers indicate that A range of sources can be drawn on to make total PAYE income tax liabilities in respect of the international comparisons of productivity, including 2011-12 tax year were: datasets produced by the OECD, Eurostat and the (a) £2.3 billion for individuals with total PAYE salaries of up Conference Board. to £10,000 Redundancy (b) £7.1 billion for individuals with total PAYE salaries of up to £15,000 (c) £15.5 billion for individuals with total PAYE salaries of Jackie Doyle-Price: To ask the Chancellor of the up to £20,000. Exchequer (1) how many staff were made redundant from non-departmental public bodies accountable to These amounts exclude the employee-and employer his Department in (a) 2010-11, (b) 2011-12 and (c) Class 1 national insurance contributions that are also 2012-13; and how many redundancy payments were collected through PAYE. made in lieu of notice; [170358] Personal Savings: Competition (2) how many staff in his Department were made redundant in (a) 2010-11, (b) 2011-12 and (c) 2012-13; and how many such staff received payments Mr Gregory Campbell: To ask the Chancellor of the in lieu of notice. [170377] Exchequer what recent assessment he has made of the level of competitiveness of savings products. [170416] Nicky Morgan: Details of HM Treasury redundancies for 2010-11 were published in its Annual Mr Gauke: The FCA is responsible for keeping Report and Accounts (HC 984), page 88. No figures competition in the markets it regulates under review. It were available for non-departmental staff in this year. has announced that it will be conducting a market study of competition in the savings market looking into There were no payments in lieu of notice paid in that a range of issues including the effects of ’teaser rates’ year. and inertia in the market. No departmental or non-departmental staff have The study was announced in September this year. been made compulsorily redundant in the last two More details can be found in their press release: years 2011-12 and 2012-13. http://www.fca.org.uk/news/fca-to-carry-out-market-study- Revenue and Customs: Livingston into-cash-savings Graeme Morrice: To ask the Chancellor of the Productivity Exchequer what the timescale for the closure of the HM Revenue and Customs office at Pentland House in Laura Sandys: To ask the Chancellor of the Livingston and the consequent redeployment of staff Exchequer (1) what assessment his Department has is. [170131] made, aside from labour productivity, of the UK’s (a) profitability and (b) productivity; [169989] Mr Gauke: The HM Revenue and Customs (HMRC) (2) what metrics, aside from labour productivity, are office at Pentland House in Livingston will close by the currently used by his Department to assess the UK’s end of March 2014. HMRC staff located there have been advised that their moves to other HMRC offices (a) profitability and (b) productivity; [169990] in Livingston, Bathgate and Edinburgh are likely to (3) whether his Department compares, aside from commence in January 2014. labour productivity, the UK’s (a) profitability and (b) productivity with other countries in the (i) G8, (ii) G20 Stamp Duty Land Tax and (iii) EU. [169988] Mr Gregory Campbell: To ask the Chancellor of the Nicky Morgan: The Treasury uses a range of metrics Exchequer (1) if he will consider reducing the level of to assess productivity and profitability in the UK stamp duty land tax; [170612] economy. (2) if he will consider increasing the threshold The Office for National Statistics (ONS) publishes property value for applying stamp duty land tax. estimates of profitability on a quarterly basis. Their [170613] most recent publication shows the profitability of UK firms rising from their post-crisis lows. The latest Mr Gauke: The Chancellor keeps all taxes, including release is available here: stamp duty land tax, under review as part of the http://www.ons.gov.uk/ons/rel/pnfc2/profitability-of-uk- Budget process. companies/q2-2013/stb-profitability-of-uk-companies-q2- 2013.html Sustainable Development The ONS also has an extensive programme of work on productivity. Besides labour productivity, the ONS Laura Sandys: To ask the Chancellor of the produce estimates of “multi-factor productivity” (also Exchequer what assessment his Department has made known as total factor productivity). The latest of the Eurostat resource productivity scale. [169987] estimates relate to 2010 and show multi-factor productivity recovering, following falls during the Nicky Morgan: The Government believes that for recession. The latest release is available here: economic growth to be sustainable, our use of the http://www.ons.gov.uk/ons/rel/icp/multi-factor-productivity-- natural environment must be managed. These natural experimental-/indicative-estimates-to-2010/art-indicative- resources are a vital “capital”, providing raw materials estimates-to-2010.html and ecosystems services, that must be valued and protected 625W Written Answers14 OCTOBER 2013 Written Answers 626W in order to maintain them. Expanding the low-carbon Nicky Morgan: There are no plans to publish the and environmental goods and services sector will help information requested. HM Revenue and Customs to decouple economic growth from resource use and is a holds information on the total amounts donated by lucrative opportunity for UK businesses. individual donors on which income tax relief is claimed The Government has established the Natural Capital each year but not on the full range of charitable gifts Committee, which has been tasked with helping the they make. Government better understand how the state of There would be a risk of disclosing taxpayer the natural environment affects the performance of the confidential information from publishing the amounts economy and on how to ensure England’s ‘natural of the donations on which the top 1,000 donors claim wealth’ is managed efficiently and sustainably. It is also tax relief, even if taxpayer details were anonymised. supporting the Office of National Statistics work on including natural capital in national accounts. Taxation: Switzerland Eurostat produce a resource productivity indicator. This measures the amount of output (GDP) per unit of Catherine McKinnell: To ask the Chancellor of the material input; the higher the number, the more Exchequer what recent assessment he has made of the efficiently resource inputs are used. The UK performs expected overall yield from the UK-Swiss well on this measure, considerably outperforming the Confederation Taxation Co-operation Agreement. EU average. The UK’s performance has improved over time, with Euros per kg almost 50% higher in 2011 than [169768] in 2000. Mr Gauke: It is still too early to be certain how much Tax Avoidance the UK-Swiss tax Agreement will yield; but it is important to note this is money that without this groundbreaking Graeme Morrice: To ask the Chancellor of the agreement would largely remain untaxed. Exchequer what assessment HM Revenue and Customs made of its chances of success in litigation under the Catherine McKinnell: To ask the Chancellor of the law as it stood prior to bringing forward the legislative Exchequer with reference to the UK-Swiss proposals announced in Budget Note 66 on 12 March Confederation Taxation Co-operation Agreement, how 2008. [169785] many UK citizens have been identified as moving funds outside that Agreement’s jurisdiction prior to it coming Mr Gauke: Due to ongoing litigation between HM into effect on 1 January 2013; whether that number is in Revenue and Customs and users of the wholly artificial line with HM Treasury’s previous forecasts; and to tax avoidance scheme that led to Budget Note 66 it which locations such funds have been moved. [169769] would be inappropriate for me to comment on this matter. Mr Gauke: The Government has made significant progress on tackling offshore tax evasion, putting tax Tax Avoidance: British Overseas Territories and transparency at the heart of the agenda for the UK’s presidency of the G8, leading on the development Mr Frank Field: To ask the Chancellor of the of a new global standard in the automatic exchange of Exchequer what steps he is taking to tackle tax information, and reaching groundbreaking deals with a avoidance in British Overseas Territories. [170146] number of jurisdictions to tackle offshore tax evasion, including by establishing disclosure facilities with the Mr Gauke: The Government is fully committed to Crown Dependencies. tackling tax avoidance and continues to take swift and The UK-Swiss Agreement requires the Swiss robust action when new avoidance risks are identified. Government to provide the UK with details of the top The Overseas Territories themselves are fully 10 most popular destinations for funds moved out of committed to ensuring tax compliance. They have also Switzerland before the agreement came into force, and all published action plans setting out the steps they will the numbers of UK residents who moved assets to take to deliver much greater clarity about who really those destinations. This must be supplied by the end of owns, controls, and benefits from companies, and to May 2014. ensure that this information is available to tax authorities. Catherine McKinnell: To ask the Chancellor of the The commitments they have made on tax evasion Exchequer how many UK citizens have been exempted over recent months as part of the UK’s G8 presidency from the UK-Swiss Confederation Taxation represent the biggest ever step forward in the tax Co-operation Agreement owing to their non-domiciled transparency of the Overseas Territories. They have all status. [169770] agreed to automatically exchange tax information with the UK and others to tackle those who hide their assets Mr Gauke: The Government has made significant offshore. progress on tackling offshore tax evasion, putting tax and transparency at the heart of the agenda for the Taxation: Charitable Donations UK’s presidency of the G8, leading on the development of a new global standard in the automatic exchange of Mr Frank Field: To ask the Chancellor of the Exchequer information, and reaching groundbreaking deals with a if he will publish in an anonymised table the range of number of jurisdictions to tackle offshore tax evasion, charitable gifts donated by the top 1,000 donors and including by establishing disclosure facilities with the subsequently claimed against tax. [170249] Crown Dependencies. 627W Written Answers14 OCTOBER 2013 Written Answers 628W

No one is exempted from the UK-Swiss Agreement number of jurisdictions to tackle offshore tax evasion, because of their domicile status. Individuals who can including by establishing disclosure facilities with the demonstrate, through an independent certification Crown Dependencies. process, that they have claimed the remittance basis of HMRC is working to identify suitable requests for taxation are entitled to opt out of the one-off charge exchange of information under the UK-Swiss Agreement for the past if they believe they have no outstanding tax based on its risk assessment processes. The UK expects liability. to take advantage of the maximum number of requests HMRC has put in place plans to ensure that those permitted by the Agreement. who have claimed such treatment under the Agreement have done so legitimately. Any person found to have VAT turned down the opportunity to settle past tax liabilities will be the subject of penalties and possible criminal investigation. Stephen McPartland: To ask the Chancellor of the Exchequer how much VAT was collected by HM Revenue and Customs (a) in total, (b) from the retail Catherine McKinnell: To ask the Chancellor of the sector and (c) from the industrial sector in the latest Exchequer (1) with reference to the UK-Swiss period for which figures are available. [169851] Confederation Taxation Co-operation Agreement, how many UK citizens have elected to make voluntary Mr Gauke: Information of total VAT cash receipts is disclosures to HM Revenue and Customs to date; published monthly in the Value Added Tax Bulletin on [169771] the UK Trade Statistics website. (2) how many UK citizens have been identified as the The latest information that is available is given in the beneficial owners of (a) domiciliary companies or following table: assets and (b) other similar complex structures following the introduction of the UK-Swiss 2012-13 (£ million) Confederation Taxation Co-operation Agreement. [169772] Total VAT collected 100,572

Mr Gauke: The Government has made significant However, VAT cash receipts cannot be broken down progress on tackling offshore tax evasion, putting tax by sector. and transparency at the heart of the agenda for the Information on the amount of VAT declared on UK’s presidency of the G8, leading on the development traders’ returns can be broken down by sector and this of a new global standard in the automatic exchange of is published in the VAT Statistical Factsheet on the UK information, and reaching groundbreaking deals with a Trade Statistics Website: number of jurisdictions to. tackle offshore tax evasion, https://uktradeinfo.com/Statistics/Pages/ including by establishing disclosure facilities with the TaxAndDutybulletins.aspx Crown Dependencies. To date HMRC has received details of 18,000 accounts Welfare Tax Credits under the UK-Swiss Agreement, which it is matching to UK individuals. HMRC will make contact with each Stephen McPartland: To ask the Chancellor of the and every individual who opted for disclosure and has Exchequer what the value of tax credits is on salaries already written to over 9,000. Switzerland has until the up to (a) £10,000, (b) £15,000, (c) £20,000 and (d) end of December to provide details in respect of those above £20,000, respectively. [169983] who wish their account details to be disclosed to HMRC. Under the terms of the UK-Swiss Confederation Nicky Morgan: There are a variety of factors that Taxation Co-operation Agreement UK taxpayers who influence the amount of tax credits a claimant is eligible elect to pay the withholding tax retain their anonymity to receive, of which income is one. Depending on their in respect of their Swiss accounts and HMRC will not circumstances, (e.g. number of children, disabilities etc) be provided with this information. More will be known claimants on the same income might be entitled to about those who opted to disclose as a result of HMRC’s different levels of tax credit payments. contact with the individuals. The latest tax credits statistics are available in the HMRC publication ‘Child and Working Tax Credits Catherine McKinnell: To ask the Chancellor of the Statistics Finalised Awards’. They can be found at: Exchequer with reference to the UK-Swiss http://www.hmrc.gov.uk/statistics/fin-main-stats/cwtc- Confederation Taxation Co-operation Agreement, how awards.pdf many requests the Government has made since 1 The Government is taking steps to ensure that spending January 2013 pertaining to individual accounts; and on welfare is sustainable by making sure that work pays, whether he expects the UK to reach its agreed limit of while also supporting those most in need. It is rewarding 500 such requests before the end of the year. [170163] work by: raising the personal allowance to £9,440 and announcing a Mr Gauke: The Government has made significant further increase to £10,000 from April 2014. The combined progress in tackling offshore tax evasion, putting tax effect of all personal allowance increases announced by this and transparency at the heart of the agenda for the Government will be to remove 2.7m low income individuals, UK’s presidency of the G8, leading on the development under 65, out of income tax altogether from April 2014; of a new global standard in the automatic exchange of developing a new Tax-Free Childcare Scheme to expand support information, and reaching groundbreaking deals with a for child care to up to 2.5 million working families; and 629W Written Answers14 OCTOBER 2013 Written Answers 630W

introducing universal credit to make the benefits of work one of the couple works at least 16 hours a week, and the other clearer and simpler, with the aim of offering a smooth transition is “incapacitated”, an in-patient in hospital, or in prison (serving into work and encouraging progression in work. a custodial sentence, or remanded in custody awaiting trial or sentence). Working Hours A single parent needs to do paid work of at least 16 hours a week to qualify for working tax credit. Mr Frank Field: To ask the Chancellor of the Exchequer what estimate his Department has made of For more information on qualifying for working tax the expected increase in hours of employment resulting credit, please refer to: from its decision to lift the eligibility bar from 16 to 24 http://www.hmrc.gov.uk/taxcredits/start/who-qualifies/ hours. [169556] workingtaxcredit/work.htm#1 The Government is making sure that work pays, Nicky Morgan: No such estimate has been made. while also supporting those most in need. It is rewarding The eligibility rule that couples with children must work by: work 24 hours a week between them, with one partner raising the personal allowance to £9,440 and announcing a working at least 16 hours a week in order to qualify for further increase to £10,000 from April 2014. The combined the working tax credit, does not apply if: effect of all personal allowance increases announced by this one of the couple is aged 60 or over and working at least 16 Government will be to remove 2.7 million low income individuals, hours a week; under 65, out of income tax altogether from April 2014; one of the couple is disabled and working at least 16 hours a developing a new tax-free child care scheme to expand support week; for child care to up to 2.5 million working families; and one of the couple works at least 16 hours a week, and the other introducing universal credit to make the benefits of work is entitled to carer’s allowance—even if they don’t get any clearer and simpler, with the aim of offering a smooth transition payments because they receive other benefits instead; into work and encouraging progression in work.

ORAL ANSWERS

Monday 14 October 2013

Col. No. Col. No. WORK AND PENSIONS ...... 415 WORK AND PENSIONS—continued Atos Healthcare (Occupational Health New Enterprise Allowance...... 418 Assessments)...... 421 Pension Charges...... 428 Benefit Cap ...... 421 Personal Independence Payment...... 429 Child Support Agency ...... 423 Topical Questions ...... 430 Departmental Programmes (Performance)...... 429 Under-occupancy Penalty ...... 417 Former Remploy Workers...... 425 Work Capability Assessments ...... 423 Housing Benefit Changes (Scotland)...... 427 Work Programme...... 415 Long-term Unemployed...... 426 WRITTEN STATEMENTS

Monday 14 October 2013

Col. No. Col. No. BUSINESS, INNOVATION AND SKILLS ...... 37WS INTERNATIONAL DEVELOPMENT...... 42WS Regional Growth Fund (Update)...... 37WS Commonwealth Scholarship Commission in the UK (Triennial Review)...... 42WS HEALTH...... 39WS TREASURY ...... 37WS Jimmy Savile (Investigations Update)...... 39WS Double Taxation Agreement (Isle of Man) ...... 37WS

HOME DEPARTMENT...... 39WS WORK AND PENSIONS ...... 42WS Direct Entry to the Police...... 39WS Employment, Social Policy, Health and Consumer G6 (Rome) ...... 40WS Affairs Council ...... 42WS PETITION

Monday 14 October 2013

Col. No. Col. No. PRESENTED PETITION Evidence Accepted in Family Courts ...... 5P WRITTEN ANSWERS

Monday 14 October 2013

Col. No. Col. No. ATTORNEY-GENERAL ...... 438W BUSINESS, INNOVATION AND SKILLS—continued Abortion: Prosecutions...... 438W Offshore Industry...... 557W Drugs: Prosecutions ...... 439W Overseas Trade: Ethiopia ...... 558W Offences Against Children: Prosecutions ...... 439W Performance Appraisal ...... 558W Prosecutions...... 440W Redundancy...... 558W Redundancy...... 440W Royal Mail ...... 559W Serious Fraud Office ...... 440W Students ...... 560W Students: Fees and Charges...... 563W BUSINESS, INNOVATION AND SKILLS ...... 549W Students: Finance ...... 564W Carbon Emissions...... 549W Students: Loans ...... 565W Companies House...... 550W Tobacco: Children...... 565W Conditions of Employment...... 550W CABINET OFFICE...... 458W Credit: Interest Rates ...... 551W Big Society Capital...... 458W Dietary Supplements...... 552W Drugs: Misuse...... 459W Employment Tribunals Service...... 552W Employment: Wales ...... 460W EU Grants and Loans...... 553W Energy...... 461W Foreign Investment in UK ...... 553W Private Rented Housing: Wales ...... 462W Fossil Fuels ...... 554W Redundancy...... 462W Hibu...... 554W Third Sector: Training...... 463W Higher Education: Admissions ...... 554W Wales ...... 463W Higher Education: Finance ...... 556W Higher Education: Student Numbers...... 556W COMMUNITIES AND LOCAL GOVERNMENT.. 440W Migration Observatory ...... 556W Betting Shops...... 440W Col. No. Col. No. COMMUNITIES AND LOCAL GOVERNMENT— EDUCATION—continued continued Teachers: Training...... 613W Charities ...... 441W Empty Property ...... 441W ENERGY AND CLIMATE CHANGE...... 427W Fire Services...... 441W Carbon Emissions...... 427W Funerals: Low Incomes...... 442W Carbon Emissions: Fracking...... 427W Travellers: Caravan Sites ...... 442W Electricity: Prices ...... 427W Energy...... 428W CULTURE, MEDIA AND SPORT ...... 443W Energy Company Obligation...... 428W Broadband ...... 443W EU Emissions Trading Scheme: Manufacturing Broadband: Rural Areas ...... 443W Industries...... 429W Flags ...... 444W Insulation: Wrexham...... 429W Historic Buildings: Repairs and Maintenance...... 444W Natural Gas: Pipelines ...... 429W Musicians’ Union...... 444W Natural Gas: Storage ...... 430W Newspaper Press: Retail Trade...... 445W Oil: Exploration ...... 430W Ofcom...... 445W Redundancy...... 431W Piers...... 445W Renewable Energy...... 431W Redundancy...... 445W Renewable Energy: Heating ...... 433W World Heritage Sites: South West ...... 446W Wind Power ...... 433W Wind Power: Noise ...... 435W DEFENCE...... 478W Wind Power: Northamptonshire ...... 435W Afghanistan ...... 478W Wind Power: Seas and Oceans ...... 436W Armed Forces: Deployment ...... 479W Armed Forces: Discharges ...... 480W ENVIRONMENT, FOOD AND RURAL Armed Forces: Qualifications...... 480W AFFAIRS...... 447W Armed Forces: Sexual Offences...... 481W Agriculture: Subsidies ...... 447W Buildings...... 481W Air Pollution ...... 448W Defence Infrastructure Organisation...... 482W Biofuels...... 448W Defence: Procurement...... 482W Birds ...... 448W Devonport Dockyard and Clyde Naval Base...... 482W Bovine Tuberculosis ...... 449W Energy...... 483W Buildings...... 450W Historical Enquiries Team ...... 483W Butterflies ...... 450W Joint Strike Fighter Aircraft...... 483W Fisheries: Western Sahara ...... 451W Jordan...... 484W Genetically Modified Organisms...... 452W RAF Akrotiri...... 484W High Speed 2 Railway Line ...... 452W Registered Visitors ...... 484W Landfill: EU Action...... 453W Turkey...... 485W Livestock: Transport ...... 453W Type 26 Frigates...... 485W Pets: Sales ...... 453W Unmanned Air Vehicles ...... 485W Phytophthora Ramorum...... 454W Plants: Disease Control...... 454W DEPUTY PRIME MINISTER ...... 446W Plastic Bags: Northern Ireland...... 454W Devolution: Wales...... 446W Productivity ...... 455W Electoral Register...... 446W Public Footpaths: Coastal Areas...... 455W Wales ...... 447W Rural Areas: Public Transport...... 455W Sky Lanterns...... 456W EDUCATION...... 599W Tree Health and Plant Biosecurity Expert Bus Services: Concessions ...... 599W Taskforce ...... 456W Carbon Emissions...... 600W Trees: Disease Control ...... 456W Children: Mental Health...... 600W Unmanned Air Vehicles ...... 457W Children: Poverty ...... 600W Waste Disposal ...... 457W Children: Self-harm ...... 601W Wind Power ...... 457W Cost-effectiveness...... 601W Wines: South East...... 458W Disclosure of Information ...... 601W Education: Armed Forces ...... 602W FOREIGN AND COMMONWEALTH OFFICE..... 536W Free School Meals...... 602W Abortion: Gender Selection ...... 536W Free Schools: Health Services ...... 603W Arctic ...... 537W GCSE ...... 603W Ascension Island...... 537W Languages: Education...... 604W Bahrain ...... 537W Learning Disability ...... 604W Burma...... 538W Music: Education...... 605W Carbon Emissions...... 539W National Curriculum Tests...... 606W Chemical Weapons...... 540W Performance Appraisal ...... 607W Christianity...... 541W Pre-school Education...... 608W Democratic Republic of Congo ...... 541W Pre-school Education: Inspections ...... 608W Israel...... 541W Redundancy...... 608W Japan...... 542W Schools: Sports ...... 609W Kashmir...... 542W Schools: Standards...... 610W Libraries ...... 542W Schools: Swimming...... 611W Libya...... 543W Schools: Transport ...... 611W Mauritius ...... 544W Sixth Form Colleges...... 612W Middle East ...... 544W Standards and Testing Agency...... 612W Occupied Territories...... 544W Col. No. Col. No. FOREIGN AND COMMONWEALTH OFFICE— HOME DEPARTMENT—continued continued UK Visas and Immigration...... 478W Pakistan ...... 545W Palestinians ...... 536W INTERNATIONAL DEVELOPMENT...... 567W Piracy...... 545W Burma...... 567W Rape...... 545W Carbon Emissions...... 568W Redundancy...... 546W Catalytic Fund ...... 568W Religious Freedom ...... 547W Developing Countries: Malnutrition ...... 568W Syria...... 547W Developing Countries: Rape ...... 569W United Arab Emirates ...... 548W Developing Countries: Tourism ...... 569W Zimbabwe ...... 549W Ethiopia ...... 569W Females...... 570W HEALTH...... 572W G20 Anti-Corruption Working Group...... 570W Abortion ...... 572W Kenya...... 570W Avian Influenza...... 576W Nepal ...... 571W Chief Medical Officer ...... 577W Overseas Aid...... 571W Childbirth ...... 578W Pakistan ...... 571W Children: Day Care ...... 579W Redundancy...... 571W Dementia ...... 580W Syria...... 572W Diseases ...... 581W Unmanned Air Vehicles ...... 572W Doctors: Foreign Workers...... 582W Eculizumab ...... 583W JUSTICE...... 500W Eyesight: Testing...... 583W Absenteeism...... 500W Foetal Alcohol Syndrome ...... 583W Community Orders ...... 501W Genetically Modified Organisms...... 584W Coroners ...... 501W Health...... 584W Council Tax: Non-payment...... 501W Health and Wellbeing Boards...... 585W Courts: Operating Costs...... 502W Health Services ...... 585W Courts: Security ...... 503W Health Visitors...... 586W Crown Prosecution Service...... 504W Hearing Impairment ...... 586W Employment and Support Allowance: Appeals...... 504W Heart Diseases ...... 586W Knives: Crime ...... 505W Hospitals: Parking ...... 587W Legal Opinion...... 506W Injuries...... 587W Magistrates’ Courts...... 509W Lyme Disease...... 588W Magistrates Courts: Dudley ...... 509W Medical Records ...... 589W Personal Injury: Compensation...... 511W Medical Records: Children...... 589W Prisons: Uniforms ...... 511W Meningitis: Vaccination ...... 590W Probation Trusts ...... 512W Mental Health Services ...... 590W Protection from Harassment Act 1997 ...... 512W Mental Health Services: Haringey...... 590W Salvation Army...... 512W Muscular Dystrophy ...... 591W Satellite Broadcasting...... 514W NHS: Drugs...... 592W Sentencing...... 515W NHS: Finance ...... 592W Stalking: Sentencing...... 517W NHS Property Services ...... 591W NHS Walk-in Centres ...... 591W NORTHERN IRELAND ...... 436W Nursing and Midwifery Council ...... 593W Army...... 436W Performance Appraisal ...... 594W Carbon Emissions...... 437W Poultry Meat...... 594W Civil Disorder ...... 437W Primary Care Trusts: Merseyside ...... 595W Performance Appraisal ...... 437W Redundancy...... 595W Redundancy...... 438W Self-harm: Children ...... 597W Unmanned Air Vehicles...... 437W Shingles: Vaccination ...... 597W Smoking...... 598W PRIME MINISTER...... 425W Tobacco: Packaging ...... 599W Unemployment: Young People ...... 425W Unmanned Air Vehicles ...... 425W HOME DEPARTMENT...... 464W Agricultural Machinery: Theft...... 464W SCOTLAND...... 426W Antisocial Behaviour: Merseyside ...... 464W Carbon Emissions...... 426W Asylum: Finance...... 464W Energy...... 426W Burglary: West Midlands ...... 465W Redundancy...... 426W Crime: Nature Conservation ...... 465W Entry Clearances: Africa...... 466W TRANSPORT ...... 517W Entry Clearances: Fees and Charges ...... 467W Aircraft: Air Conditioning...... 517W Entry Clearances: Overseas Students ...... 467W Aviation: Exhaust Emissions...... 518W Foreign Nationals: Health Services ...... 472W Aviation: Working Hours...... 519W Human Trafficking: Greater London...... 472W Bicycles ...... 519W Immigration...... 475W Biofuels...... 519W Joint Investigation Teams...... 475W Bus Services: Rural Areas ...... 519W Knives: Crime ...... 476W Carbon Emissions...... 520W Members: Correspondence ...... 476W Dartford-Thurrock Crossing...... 520W Passports...... 477W Driver and Vehicle Licensing Agency...... 521W Radioactive Materials: Monitoring...... 477W East Coast Railway Line ...... 521W Col. No. Col. No. TRANSPORT—continued TREASURY—continued Heathrow Airport ...... 522W Sustainable Development...... 624W High Speed 2 Railway Line ...... 522W Tax Avoidance ...... 625W High Speed Two...... 523W Tax Avoidance: British Overseas Territories ...... 625W Legal Costs ...... 524W Taxation: Charitable Donations ...... 625W Motor Vehicles: Lighting ...... 524W Taxation: Switzerland ...... 626W Performance Appraisal ...... 524W VAT ...... 628W Railways...... 527W Welfare Tax Credits...... 628W Railways: Competition...... 528W Working Hours ...... 629W Railways: Tickets ...... 529W Redundancy...... 530W WALES...... 425W Rescue Services ...... 531W Carbon Emissions...... 425W Roads: Lighting ...... 532W Domestic Fire Safety (Wales) Measure 2011 ...... 425W Roads: Snow and Ice...... 533W Performance Appraisal ...... 426W Roads: South West...... 534W Redundancy...... 426W Shipping: Safety...... 535W Carbon Emissions...... 488W Shipping: Training ...... 535W Carer’s Allowance...... 488W Speed Limits ...... 535W Children: Maintenance ...... 488W Walking: Children...... 536W Defined Pension Contribution Schemes: Governance...... 486W TREASURY ...... 613W Employment and Support Allowance ...... 489W Aggregates Levy ...... 613W Employment of Former Remploy Workers ...... 487W Aggregates Levy: Northern Ireland ...... 613W Employment of Former Remploy Workers: Air Passenger Duty...... 614W Hyndburn ...... 487W Child Trust Fund...... 614W Employment: Wales ...... 489W Companies: Ownership...... 614W Food Banks...... 489W Conditions of Employment ...... 614W Funeral Payments ...... 490W Cooperative Bank ...... 615W Housing Benefit ...... 490W Currencies...... 615W Industrial Health and Safety...... 491W Debts Written Off: Developing Countries ...... 615W Innovation Fund for Separated Parents ...... 486W Financial Services ...... 616W Jobseeker’s Allowance...... 492W Financial Services: Scotland ...... 616W Means-tested Benefits ...... 493W Fracking...... 617W Pensions...... 493W Gift Aid: Scotland ...... 618W Pensions: Homosexuality ...... 494W Import Duties ...... 618W Post Office Current Account...... 486W Income Tax...... 619W Private Rented Housing: Rents ...... 495W Lloyds Banking Group ...... 619W Recruitment: EU Nationals ...... 495W Minimum Wage ...... 620W Redundancy...... 496W Mortgages: First Time Buyers ...... 620W Social Security Benefits...... 495W Mortgages: Government Assistance ...... 621W Social Security Benefits: Brent ...... 495W National Insurance Contributions ...... 622W Social Security Benefits: Medical Records...... 496W Oil: Exploration...... 622W Specialist Disability Employment Advisers ...... 487W PAYE...... 622W Universal Credit...... 497W Personal Savings: Competition ...... 623W Welfare State: Northern Ireland...... 499W Productivity ...... 623W Widow’s or Widower’s Pension: Civil Partners ...... 487W Redundancy...... 624W Winter Fuel Payments: Wales...... 499W Revenue and Customs: Livingston...... 624W Work Capability Assessment...... 500W Stamp Duty Land Tax...... 624W Work Capability Assessments ...... 487W Members who wish to have the Daily Report of the Debates forwarded to them should give notice at the Vote Office. 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not later than Monday 21 October 2013

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CONTENTS

Monday 14 October 2013

Oral Answers to Questions [Col. 415] [see index inside back page] Secretary of State for Work and Pensions

Secondary Schools (Accountability) [Col. 437] Statement—(Mr Laws)

National Insurance Contributions [Col. 454] Bill presented, and read the First time

Anti-social Behaviour, Crime and Policing [Col. 468] Programme motion (No. 2)—(Damian Green)—on a Division, agreed to As amended, considered

Petitions [Col. 568]

Pub Company Business Models [Col. 569] Debate on motion for Adjournment

Written Statements [Col. 37WS]

Petitions [Col. 5P] Observations

Written Answers to Questions [Col. 425W] [see index inside back page]