Wednesday
2 December 2015
P A R L I A M E N T A R Y D E B A T E S
(HANSARD)
HOUSE OF LORDS
WRITTEN STATEMENTS AND
WRITTEN ANSWERS
Written Statements ................................................. 1
Written Answers ..................................................... 6
Vol. 766
No. 30
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Ministers and others who make Statements or answer Questions are referred to only by name, not their ministerial or
other title. The current list of ministerial and other responsibilities is as follows.
Minister Responsibilities
Baroness Stowell of Beeston Leader of the House of Lords and Lord Privy Seal
Earl Howe Minister of State, Ministry of Defence and Deputy Leader of the House of Lords
Lord Ahmad of Wimbledon Parliamentary Under-Secretary of State, Home Office and Department for
Transport
Baroness Anelay of St Johns Minister of State, Foreign and Commonwealth Office
Baroness Altmann Minister of State, Department for Work and Pensions
Lord Ashton of Hyde Whip
Lord Bates Minister of State, Home Office
Lord Bridges of Headley Parliamentary Secretary, Cabinet Office
Lord Bourne of Aberystwyth Parliamentary Under-Secretary of State, Department of Energy and Climate
Change, Wales Office and Whip
Baroness Chisholm of Owlpen Whip
Earl of Courtown Whip
Lord Dunlop Parliamentary Under-Secretary of State, Scotland Office
Baroness Evans of Bowes Park Whip
Lord Faulks Minister of State, Ministry of Justice
Lord Freud Minister of State, Department for Work and Pensions
Lord Gardiner of Kimble Deputy Chief Whip and Spokesman for Department for Environment, Food and
Rural Affairs
Lord Keen of Elie Advocate-General for Scotland
Lord Maude of Horsham Minister of State, Department for Business, Innovation and Skills and Foreign
and Commonwealth Office
Lord Nash Parliamentary Under-Secretary of State, Department for Education
Baroness Neville-Rolfe Parliamentary Under-Secretary of State, Department for Business, Innovation
and Skills and Department for Culture, Media and Sport
Lord O’Neill of Gatley Commercial Secretary to the Treasury
Lord Prior of Brampton Parliamentary Under-Secretary of State, Department of Health
Baroness Shields Parliamentary Under-Secretary of State, Department for Culture Media and
Sport
Lord Taylor of Holbeach Chief Whip
Baroness Verma Parliamentary Under-Secretary of State, Department for International
Development
Baroness Williams of Trafford Parliamentary Under-Secretary of State, Department for Communities and Local
Government
Viscount Younger of Leckie Whip
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Written Statements 2 December 2015 Page 1
Written Statements Wednesday, 2 December 2015
Disabled Students' Allowances
[HLWS341]
Baroness Evans of Bowes Park: My hon Friend the
Minister of State for Universities and Science (Jo
Johnson) has today made the following statement.
Today I am announcing the Government response to a
consultation on better targeting of Disabled Students’
Allowances (DSAs), which are available to Higher
Education students from England.
Disabled Students’ Allowances are non-repayable
grants that assist with the additional costs that a disabled
student incurs in relation to their study in higher
education. DSAs currently provide a range of support.
This includes the purchase of specialist equipment,
provision of support workers and assistance with
additional travel costs. The support is not means tested
and is available for eligible full-time and part-time
students studying at undergraduate and postgraduate
level.
I am determined to ensure that disabled students should
be able to make use of and develop their talents through
higher education and that there should be no cap on their
aspirations. Ensuring that disabled people can access
higher education is an important part of cutting the
disability employment gap. I am extremely pleased that
we have seen a rise in disabled students accessing higher
education.
In 2012/13 DSAs provided £145.8 million of additional
support for 64,500 disabled higher education students,
compared with £101.3 million awarded to 47,400 students
in 2009/10, a rise of around 44%.
A review of the DSAs scheme has been long overdue,
and the rationale for reform has been the subject of two
previous Statements. The DSAs system has been in its
current form for nearly 25 years. The current
arrangements do not recognise technological advances,
increases in use of technology, or the introduction of the
Equality Act 2010, which placed specific legal duties on
higher education providers. The rise in the number of
disabled students in higher education highlights the need
for better provision of inclusive practices. My
predecessors therefore announced a programme of reform
of DSAs in April 2014 and September 2014.
There is widespread agreement that higher education
providers should discharge their duties under the Equality
Act to make reasonable adjustments to accommodate
disabled students, as other organisations and businesses
do. I believe HE providers share my ambition for the
development of more inclusive learning environments.
The increasing numbers of disabled students entering HE
is to be celebrated, as is the increasing numbers of those
declaring their disability. However, it is possible that the
continued provision of DSAs may have removed the
urgency of some HE providers to expand provision for all
disabled students. Higher education providers should
increasingly expect disabled students to study with them
and strive to ensure that those students have equal access
to their learning. In recognition of this and the great work
that some HEPs have already done to meet this end, the
Minister for Disabled People and I can announce that BIS
is looking into how it can encourage a sector-led approach
to the sharing of good practices in the lead up to the
changes and as they bed in.
The Government’s intention is that DSAs will remain
available to support those disabled students who require
additional help, but should complement the support put in
place by HE providers to help all disabled students. Some
reforms have already been implemented, with changes
made to the funding of computer equipment from the
academic year 2015/16.
My predecessor Greg Clark heard views from across
the higher education sector and received representations
from Honourable Members, and he and the previous
Minister of State for Disabled People heard views and
concerns from representatives of disabled students.
Concern was expressed that some institutions were not
able to meet their obligations in full by the beginning of
the 2015/16 academic year, given their need to invest in
additional support for their students. Accordingly changes
to non-medical help and accommodation costs were
deferred to the start of the 2016/17 academic year, to
enable further consultation and additional time for
institutions to prepare themselves.
I have undertaken a full public consultation which
sought further information on the proposed reforms for
2016/17, and which set out the Government’s preferred
options. I have considered the responses to the
consultation, and have properly considered the Equality
Analysis. The Minister for Disabled People and I can now
announce that the original Government proposal will now
be implemented from 2016/17, but further engagement
with stakeholders will be undertaken to identify whether
exceptions to the general rules for non-medical help
(NMH) should be considered.
These changes will ensure that the limited public
funding available for DSAs is targeted in the best way and
to achieve value for money, whilst ensuring those
disabled students most in need continue to get the help
they require. They also aim to ensure that Higher
Education providers all properly adhere to their Equalities
Act 2010 duties, which is to the benefit of all disabled
students.
The changes set out below seek to rebalance
responsibilities between government funding and
institutional support. We expect HE providers to play an
increasing role in supporting all disabled students and are
asking them to take primary responsibility in a number of
areas. Disabled students will continue to be supported, but
we believe that HE providers are better placed to consider
how to respond in many cases, including giving greater
consideration to the delivery of their courses and how to
provide support. The need for some individual support
Page 2 2 December 2015 Written Statements
may be removed through different ways of delivering
courses and information. It is for HE providers to consider
how they make both anticipatory reasonable adjustments
and also reasonable adjustments at an individual level.
DSAs will continue to retain primary responsibility for
certain types of support, and will continue to be available
across the range of support, where an adjustment by the
HE provider may not be considered a reasonable
adjustment.
The key changes, which will take effect from academic
year 2016/17, are set out below:
• DSAs will retain primary responsibility for funding
Sighted Guides, for those students that need such
support to enable them to get around campus
effectively. HE providers will be expected to take
primary responsibility for the remainder of the non-
medical support roles that are classified as bands 1 or 2
in the Student Loans Company non-medical help
(NMH) manual. We will seek further information from
stakeholders, including from disabled students and their
representatives, on whether specific exceptions to this
general rule should apply. In addition, HE providers are
expected to consider how they deliver information to
students and whether strategies can be put in place to
reduce the need for support workers and encourage
greater independence and autonomy for their disabled
students.
• DSAs will retain primary responsibility for funding
the most specialist non-medical help support, that are
set out in the SLC NMH manual under bands 3 and 4,
with the exception of Specialist Transcription Services.
HE providers will be expected to take primary
responsibility for the provision of Specialist
Transcription Services, other than by exception.
• DSAs will meet the additional costs of
accommodation where that accommodation is not
provided by the HE provider or its agent. DSAs
funding will not be available where specialist
accommodation is provided by the HE provider or their
agent, other than by exception. HE providers should no
longer pass any additional costs for accommodation
onto the student.
• Devices for printing and scanning will continue to be
funded through DSAs. However, HE providers are
expected to strive to meet the needs of their disabled
students to reduce the need for the purchase of
individual devices for printing and scanning. The
assessment process will be more robust and individual
devices will only be funded if the need cannot be met
through other measures.
• Standard computer peripherals and other accessories
will now be funded by exception only. Laptop carry
cases will continue to be provided as standard to help
students protect their equipment.
The Minister for Disabled People and I are passionate
about the importance of ensuring that disabled students
can fully participate in higher education. Recognising that
there is an implementation journey to undertake, an
Exceptional Case Process will be put in place to respond
to cases where the individual circumstances mean that an
institution does not provide the support that is expected,
or the needs of the student are such that it may not be
reasonable to expect the institution to provide the support
in the individual case. The Exceptional Case Process will
be monitored to ensure that it remains timely, robust and
fit for purpose.
In parallel a new quality assurance framework will be
put in place to ensure financial and quality assurance of
the provision of non-medical help. The Minister for
Disabled People and I expect all disabled students to have
access to good quality support and that public funding is
managed effectively in the delivery of that support.
Changes to the way equipment will be purchased in the
future are also being explored, to ensure value for money
is achieved in this area.
The changes in this Statement will apply to all full-
time, full-time distance learning, part-time and
postgraduate students applying for DSAs for the first time
in respect of an academic year beginning on or after 1
September 2016.
Existing DSAs students and DSAs students for 2015/16
will remain on their existing system of support for
2016/17.
We are grateful to all those who have engaged for their
assistance in informing these changes.
Energy Council
[HLWS342]
Lord Bourne of Aberystwyth: Today my hon Friend
the Minister of State for Energy and Climate Change
(Andrea Leadsom) has made the following statement.
I am writing to report discussions at the Energy Council
held under the Luxembourg Presidency which I attended
in Brussels on 26 November 2015.
Speaking for the Commission Vice-President Sefcovic
outlined the first annual report on the State of the Energy
Union, arguing that 2016 would be the ‘year of delivery’,
with legislation on gas security of supply, renewables,
governance, energy efficiency and market design. On
governance in particular the Commission urged Member
States to make early progress on their integrated climate
and energy plans (‘National Plans’), so that final plans
could be agreed in 2018. I and a number of other Member
States highlighted the need for a flexible governance
framework while another Member State called on the
Commission to introduce an EU-level instrument to
address any anticipated shortfall against the 2030
renewable energy target. Another group of Member States
used the opportunity to call for further discussions on the
proposed extension of the Nordstream gas pipeline
(Nordstream II) and urged the Commission to conduct a
rigorous cost benefit analysis of the project against the
objectives of the Energy Union.
The Council then agreed a General Approach on the
proposed Energy Labelling Regulation which would
Written Statements 2 December 2015 Page 3
establish a revised and improved legal framework for the
energy efficiency labelling of energy-related products.
The Commission thanked the Council for its efforts but
retained its position that existing labels must be removed
from the market sooner than the Council provided for;
defeat devices must be dealt with by the Regulation; and
that durability should be included in the definitions.
Several Member States voiced strong support for the
approach agreed while others objected, arguing in
particular that the proposed ‘product database’ was too
burdensome on economic operators.
The Council later discussed electricity market design
focussing on the future role of Distribution System
Operators (DSOs) and consumer empowerment. There
was widespread agreement on the growing importance of
the role of DSOs, the need for better coordination with
Transmission System Operators and how they should act
as neutral market players. However, there were differing
views on whether a new EU regulatory framework setting
out clear roles and responsibilities was required. Along
with a number of other Ministers, the UK emphasised the
need to avoid a ‘one size fits all’ approach while others
called for greater harmonisation.
There was a broad consensus on the need for consumers
to play a more active role in the market. Some Member
States highlighted the important role of smart meters in
facilitating this while others stressed the need for more
affordable retail prices, calling for a rigorous cost benefit
analysis to drive the introduction of smart meters. A small
number of Member States argued for the abolition of
price regulation and greater scarcity pricing to incentivise
investment while others, including the UK, argued that
the EU should take a framework approach to market
design, establishing the broad principles but allowing for
different models of national implementation (e.g. on
capacity mechanisms).
In the afternoon the Commission provided an update on
external energy relations, noting the Russia/Ukraine gas
agreement as the key achievement over the past six
months, while acknowledging that further gas reforms
were still needed in Ukraine. Finally, the Dutch
delegation presented their work programme ahead of their
forthcoming EU Presidency, announcing that they would
prioritise the internal energy market and regional
cooperation. They set out the legislative agenda which
will include the start of negotiations with the European
Parliament on energy labelling and in the Council on the
Gas Security of Supply Regulation and revised Inter-
Government Agreements Decision.
Justice and Home Affairs: Pre-Council
Statement
[HLWS344]
Lord Faulks: My Right Honourable Friend the
Secretary of State for the Home Department (Theresa
May) has made the following written statement.
“A meeting of the Justice and Home Affairs (JHA)
Council will be held on 3-4 December. 3 December will
be Justice Day, and my Rt. Hon Friend James
Brokenshire MP and my noble Friend Lord Faulks QC,
Minister for Civil Justice, will attend. 4 December will be
Interior Day, and I will attend on behalf of the UK.
The Justice day will begin with the Luxembourg
Presidency seeking political agreement to the proposed
Regulation on promoting the free movement of citizens
and businesses by simplifying the acceptance of certain
public documents in the EU. This proposal covers the
abolition of apostilles for eligible documents, production
of multilingual translation aids for certain categories,
rationalisation of certified copies and translations and
administrative cooperation between Member States
through an online system. The proposal is generally
supported by the UK as a means of reducing bureaucracy
for citizens.
This will be followed by a state of play update by the
Presidency on the Directive for the protection of the
Union’s financial interests, reporting back to Ministers
following October Council and subsequent working party
meetings. The Presidency proposes that the VAT issue
needs to be explored further in order to take the file
forward. An agreement in principle has been reached at
official level to discuss VAT fraud at a joint
Justice/Finance meeting.
There will then be a discussion on the proposed
European Public Prosecutor’s Office (EPPO) where the
Presidency will likely seek to agree a partial general
approach to the EPPO’s competence. The UK will not
participate in any EPPO.
The Presidency will also be seeking conclusion to the
negotiation of the proposals on Matrimonial Property
Regimes and the Property Consequences of Registered
Partnerships. The UK has not opted in to either proposal.
Negotiations recently resumed following a period of
reflection initiated by the Italian Presidency at the end of
last year. It is as yet unclear whether the differences
between some Member States, in particular regarding the
status of same-sex relationships, will be capable of
resolution. Given that these proposals must be agreed by
unanimity it is possible that one or more Member States
might veto one or both of them.
There will then be a short update on the role of judicial
cooperation, and particularly Eurojust, in addressing the
current migration crisis. This issue was discussed at the
October Council, and we do not expect a significant
debate at this meeting.
There will then be a general discussion on the Fight
against Online Hate Speech, which has been the focus of
attention in the wake of recent terrorist attacks and the
current refugee movements. We expect the discussion to
focus on the value of EU-wide, cross-border
collaboration; this includes the need for effective counter-
narratives and for internet industry partners to take more
responsibility for content hosted on their platforms.
This will be followed by a discussion on the challenges
encountered by Member States in obtaining and sharing
electronic evidence in criminal investigations and
Page 4 2 December 2015 Written Statements
proceedings. We will stress the importance of Member
States using the full range of investigative tools to
investigate and use of this type of evidence.
Finally, there will be a discussion on data retention. The
Presidency wishes to have a detailed discussion following
the judgment of the Court of Justice of the European
Union in the case of Digital Rights Ireland (C-293/12)
which invalidated the Data Retention Directive. We will
continue to argue that, given the importance of this issue,
the consequences of any new legislation in this area must
be thought through very carefully before any new
proposal is considered.
The Interior Day will begin with a discussion on the
Passenger Name Records (PNR) Directive. The
Government supports the call made by the 20 November
Extraordinary JHA Council for the Directive to be agreed
by the end of the year, and for it to include intra-EEA
flights within its scope. The Presidency is likely to give a
progress report and, if necessary, we will call for a greater
focus on meeting the Council’s target.
The Council is then expected to confirm political
agreement on the new draft Regulation governing
Europol, proposed by the Commission in 2013. The UK
has not opted in to this proposal, so does not have a vote.
The Government will consider whether to apply to opt in
post-adoption.
The Council is also expected to confirm political
agreement on the draft Directive on the conditions of
entry and residence of third-country nationals for the
purpose of research, studies, pupil exchange, remunerated
and unremunerated training, voluntary service and au
pairing (the “Students and Researchers Directive”). The
UK has not opted in to this Directive so again does not
have a vote.
The Council will discuss the proposal for a Regulation
establishing a crisis relocation mechanism and the
accompanying amendment to the Dublin Regulation. The
Government’s position on relocation measures is clear:
we think they are the wrong response and we will not opt
in. The Government is also of the view that amending the
Dublin Regulation is unnecessary and risks undermining a
vital tool in managing asylum claims within the EU. The
fundamental principles underpinning the Dublin
Regulation remain sound and the upcoming review should
be used as an opportunity to improve the operation of the
Regulation.
The Presidency will look to progress negotiations on
the draft Directive establishing an EU list of safe third
countries. Discussions will focus on which countries
should be included in the list and next steps. The
Government acknowledges the value of such lists and the
UK has successfully operated its own national list for
many years. We see no added value to the UK in being
part of an EU wide list.
The CT agenda item will commence with a
presentation, based on a paper, by the Counter Terrorism
Coordinator. The presentation reviews progress made
against a European Council Statement of 12 February
2015, on ensuring the security of citizens, preventing
radicalisation and safeguarding values, and cooperating
with our international partners. The presentation will be
followed by a discussion. The UK will welcome
agreement of the implementing regulation on firearms
deactivation and push for a robust revised firearms
directive including a prohibition on high powered semi-
automatic weapons. We will also seek to agree in
principle burden sharing commitments to improve
aviation security standards in priority third countries and
assert that a common approach for the Second Generation
Schengen Information System (SISII) should be
prioritised in order to strengthen the external border of the
EU. The UK will welcome support for Europol through
the Europol regulation whilst reiterating that information
sharing should not encroach on Member State
competence in matters of national security. Post Paris
there has been increased appetite for meaningful change
to the security framework in Europe, as evidenced by
ambitious Council Conclusions agreed on 20 November.
Against this backdrop we believe our asks will be well
received.
The Presidency will present their report on the
implementation of the renewed Internal Security Strategy
(2015-2019). The report sets out the progress made on the
Strategy under their Presidency, which is being led and
monitored by the Committee on Internal Security (COSI).
This work will continue under the forthcoming Dutch
Presidency.
We then expect the discussion to move to the migration
situation, where the Presidency wishes to monitor the
implementation of existing measures and discuss future
action.
We expect this discussion to include an update on the
development of hotspots and on the assistance that
Member States are providing to Frontex and European
Asylum Support Office. It is also likely to build on the
conclusions of the 20 November Council that there should
be systematic checks at external Schengen borders on all
persons including EU citizens. I will reiterate a key
message from my interventions at the JHA Councils on 9
November and 20 November in relation to strengthening
of the EU external border, where I noted that the EU is
seeing an unprecedented interaction between organised
crime and migration. I also intend to call again for
reciprocal access to key data between Schengen and non-
Schengen countries, join others in pressing for the
immediate implementation of effective hotspots, and
reiterate my support for the long-established principle that
asylum seekers should seek protection in the first safe
country they reach – the keystone of the Dublin system.
Finally, there will be a discussion on the situation in the
Schengen area, based on the latest information from the
Presidency. The UK does not participate in the border
controls elements of Schengen. However, we will follow
these discussions closely as there is, in our view, an
intrinsic connection between the strength of the external
border of the EU and security within the EU, as well as
the need to improve the management of the external
Written Statements 2 December 2015 Page 5
border given continuing migratory pressures. It is
therefore imperative that the EU takes further urgent steps
to strengthen the external border."
UK Justice Home Affairs: Least Developed
Countries Services Waiver
[HLWS343]
Lord Maude of Horsham: I wish to inform the House
that on 16 November 2015 the Government opted in to
the Council Decision relating to the ‘LDC Services
Waiver’ at the World Trade Organisation (WTO).
The LDC Services Waiver is part of the Bali Package of
measures agreed at the 9 th WTO Ministerial Conference
in Bali in December 2013. The Waiver allows WTO
members to grant preferential treatment to the Least
Developed Countries (LDCs) for trade in services; it
waives the usual non-discrimination rules of the WTO in
order to benefit the poorest members. These preferences
are unilateral, non-negotiable and not legally binding.
The Council Decision has the effect of establishing the
position to be taken on behalf of the European Union
within the WTO to notify the preferential treatment that
the EU will grant to services suppliers of LDCs. The
content of the EU’s notification has been agreed with
member states.
These preferences include the provision of services
supplied by natural persons from third countries who are
present temporarily in order to provide the service in the
country where it is supplied, otherwise known as “Mode
4” trade in services. It is the presence of these Mode 4
commitments in the relevant instruments which triggers
the UK Justice and Home Affairs opt-in.
Page 6 2 December 2015 Written Answers
Written Answers Wednesday, 2 December 2015
Action on Smoking and Health
Asked by Lord Blencathra
To ask Her Majesty’s Government whether they plan
to take steps to ensure that all grants awarded by the
tobacco policy team in the Department of Health are
awarded on a competitive basis. [I] [HL3687]
Asked by Lord Blencathra
To ask Her Majesty’s Government what
representations they have received about the funding
provided by the Department of Health to Action on
Smoking and Health in the last five years. [I] [HL3688]
Asked by Lord Blencathra
To ask Her Majesty’s Government whether any grant
has been provided to Action on Smoking and Health in
the last five years other than through grants under
section 64 of the Health Services and Public Health Act
1968, and if so, what was the nature and value of each
grant. [I] [HL3689]
Asked by Lord Blencathra
To ask Her Majesty’s Government whether they will
place in the Library of the House the assessment by the
Department of Health’s Voluntary Sector Grants Hub of
the grant applications made by Action on Smoking and
Health in each of the last five years. [I] [HL3690]
Asked by Lord Blencathra
To ask Her Majesty’s Government whether any grant
application by or award made to Action on Smoking
and Health by the Department of Health in the last five
years was not considered first by the Voluntary Sector
Grants Hub. [I] [HL3691]
Lord Prior of Brampton: All grants awarded to
Action on Smoking and Health (ASH) in the last five
years have been awarded under Section 64 powers. There
are a range of different circumstances under which it
would not be appropriate or represent best value for
money to run a competed scheme. The grants awarded to
ASH have been assessed as most appropriate for the non-
competed route.
The assessment of any grant application for funding
from ASH is undertaken by members of the Tobacco
Control policy team. Following this assessment, the
Grants Hub makes a decision regarding whether or not to
approve the application. These policy assessments contain
policy advice to Ministers and so are not made public.
Approvals are required from Ministers and from HM
Treasury or are subject to a Departmental approval
process that has been agreed with HM Treasury.
To identify relevant representations the Department has
received would result in disproportionate cost.
Biometrics: Databases
Asked by Lord Laird
To ask Her Majesty’s Government further to the
Written Answer by Lord Dunlop on 4 November
(HL3009), why investigation of historic crime in
Northern Ireland, including the retention of fingerprint
and DNA samples from non-convicted individuals,
requires different provisions to the rest of the UK, and
whether they plan to seek permission for any non-
compliance of those provisions with Article 8 of the
ECHR. [HL3915]
Lord Dunlop: The investigation of historic deaths
creates particular difficulties because the evidential trail
has significantly narrowed. Forensic evidence, including
fingerprint and DNA evidence, is therefore a key element
in Troubles-related investigations, as it presents the
strongest strand of investigative opportunity.
Dealing with the legacy of Northern Ireland’s past is an
essential part of the transition to long term peace and
stability – this is not a consideration which applies in the
same way in the rest of the UK. It is disappointing that
agreement was not reached in the recent political talks on
the proposed institutions for dealing with the legacy of the
past in Northern Ireland.
The Government remains fully committed to working
alongside the Northern Ireland parties, victims groups and
other stakeholders to deliver the institutions intended to
achieve broad consensus for legislation and deliver new
legacy mechanisms. The Government is satisfied that the
retention of relevant biometric data for the purpose of
investigating Troubles-related crimes is proportionate.
We are working closely with the Northern Ireland
Department of Justice to ensure that any proposal to retain
relevant data will strike the appropriate balance between
Article 2 and Article 8 of the European Convention on
Human Rights and be compatible with the judgment of
the European Court in Marper.
Burma: War Crimes
Asked by Lord Alton of Liverpool
To ask Her Majesty’s Government what assessment
they have made of reports from the Shan Human Rights
Foundation that between 9 and 12 November the
Burmese Army carried out shelling and aerial bombing
of Mong Nawng and that those attacks constitute war
crimes. [HL3789]
Baroness Anelay of St Johns: We are concerned by
reports of continued fighting in Shan State, including
around Mong Nawng and Wanhai, which the UN Office
for the Coordination of Humanitarian Affairs estimates
has displaced approximately 6,000 people since 6
October. Our Ambassador in Rangoon raised our
concerns about the conflict in Shan with the Burmese
military on 20 November. The UK has played a leading
role in supporting efforts to broker ceasefire agreements,
funding expert advice to both sides in support of dialogue
and peacemaking.
Written Answers 2 December 2015 Page 7
We welcomed the signing of a ceasefire agreement on
15 October and we continue to urge armed groups who
did not sign the ceasefire and the Burmese government to
engage in ceasefire talks to bring the conflict to an end.
The UK has made no assessment of whether these
allegations amount to war crimes. Any determination as
to whether specific international crimes have occurred is a
matter for an international judicial decision rather than for
governments or non-judicial bodies. Our approach is to
seek an end to all violations and to prevent their further
escalation, irrespective of whether these violations fit the
definition of specific international crimes.
Bus Services: Urban Areas
Asked by Lord Bradshaw
To ask Her Majesty’s Government what assessment
they have made of the effect that congestion in urban
areas is having on the cost and attractiveness of bus
travel to travellers. [HL3695]
Lord Ahmad of Wimbledon: The Department for
Transport has not conducted a specific assessment of the
effect that congestion in urban areas is having on the cost
and attractiveness of bus travel to travellers.
Children in Care
Asked by Lord Wills
To ask Her Majesty’s Government whether they plan
to continue the operation of the Care Leaver Strategy,
and what plans they have to ensure that cross-
departmental work to support care leavers is
maintained. [HL3682]
Lord Nash: In 2013, the government published the
Care Leaver Strategy. That document set out plans to
improve support for care leavers, including in housing,
health, employment and education. In 2014, the
Department for Education reported that the commitments
contained in the Care Leaver Strategy had been
implemented or were in the process of being so.
We recognise, however, that many young people
leaving care still face significant challenges. That is why
my colleague, the Minister for Children and Families,
recently announced that he has asked officials within the
department to lead the development of a refreshed
strategy, to be published next year. That work will include
a consideration of how government departments and
agencies can best work together, on an ongoing basis, to
ensure that care leavers are offered the support they need
in order to manage the transition to independent living
successfully.
Coastal Areas: Access
Asked by Lord Kennedy of Southwark
To ask Her Majesty’s Government what progress has
been made on completing the coastal path in England.
[HL3763]
Lord Gardiner of Kimble: The coastal access
programme has so far opened up 101 miles of our
beautiful coastline for everyone to enjoy, boosting local
tourism and growing the rural economy.
The Government is working closely with Natural
England to build on the progress already made, with the
aim of completing the coastal path around England by
2020. We have approved Natural England’s coastal access
proposals for a further 176 miles. By the end of this
financial year we expect Natural England to have
submitted proposals for another 349 miles and to be
working on proposals for an additional 986 miles.
The Government has announced Defra’s capital
allocation for the next five years, and funding to complete
the coastal path around England by 2020 will be
protected. When complete, the path will be one of longest
coastal walking routes in the world at around 2,700 miles
in length.
The Government will publish the detailed allocation of
funding in the Department’s Main Estimate early next
year.
Countryside: Access
Asked by Lord Kennedy of Southwark
To ask Her Majesty’s Government how much of the
land in England is open access land, and what plans
they have to increase that amount. [HL3764]
Lord Gardiner of Kimble: Under the Countryside and
Rights of Way Act 2000 there is a right of access for
open-air recreation on foot to 2,137,756 acres of land
which are mapped as open country and registered
common land. This is about 6.5% of the total area of
England.
Section 16 of the Act enables the owner, or a person
with a long-leasehold, of any land to voluntarily dedicate
open access rights over that land. To date, 384,419 acres
of land have been dedicated, mostly by the Forestry
Commission.
Natural England is aiming to dedicate all 224 of the
national nature reserves and similar holdings it owns, or
land held on a lease of at least 90 years. Natural England
has dedicated 31,876 acres of national nature reserves
with a further 2,915 acres becoming accessible on 7
February 2016.
Egypt: Gaza
Asked by Lord Hylton
To ask Her Majesty’s Government whether they will
make representations to the government of Egypt about
the alleged involvement of Egyptian forces in the death
at sea of Firas Miqdad, a fisherman from Gaza.
[HL3829]
Baroness Anelay of St Johns: We are aware of reports
of an incident on 5 November involving an Egyptian
Page 8 2 December 2015 Written Answers
naval vessel and a Palestinian fishing vessel, leading to
the death of the fisherman Firas Miqdad.
Details of the incident remain unclear. Foreign and
Commonwealth Office officials will continue to monitor
this case.
Epsom Station
Asked by Baroness Randerson
To ask Her Majesty’s Government what discussions
they have had with Govia Thameslink Railway about
whether it still intends to activate the Oyster card reader
installed at Epsom station, and if so, when it intends to
do so. [HL3729]
Lord Ahmad of Wimbledon: There has been
numerous discussions between my officials and Govia
Thameslink Railway (GTR) on the franchise obligation to
extend Oyster pay as you go and Contactless payment to
Epsom. GTR is currently working with TfL closely to
deliver this as soon as is practical and we are applying
lessons learned from extending Oyster to Gatwick to
extending Oyster to Epsom.
Faith Schools
Asked by Lord Storey
To ask Her Majesty’s Government what assessment
they have made of how the religious character of a faith
school will be maintained if the school is converted into
an academy. [HL3918]
Lord Nash: When a faith school becomes an academy
it retains its religious character by virtue of Section 6 of
the Academies Act 2010. The academy’s religious
character is protected through provisions within the
academy’s funding agreement with the Secretary of State
and the academy trust’s articles of association. Once a
faith school becomes an academy any change to its
religious character would only take place with the consent
of the relevant religious body and the Secretary of State.
Forced Marriage
Asked by Baroness Nicholson of Winterbourne
To ask Her Majesty’s Government, further to the
answer by Lord Bates on 25 November (HL Deb, col
691), whether they plan to introduce primary legislation
in relation to extraterritorial jurisdiction when dealing
with forced marriages; whether they will then fully
ratify the Istanbul Convention; and if so, what is the
expected timetable for doing so. [HL3974]
Lord Bates: We have already taken extra-territorial
jurisdiction on forced marriage through the Anti-social
Behaviour, Crime and Policing Act 2014. However we
will need to take extra-territorial jurisdiction over a
number of other offences in order to be fully compliant
with Article 44 of the convention. Primary legislation will
be required and the Government is currently considering
the approach to implementing the extra-territorial
provisions and working with devolved administrations
regarding ratification. The Ministry of Justice is
responsible for introducing further amendments to
domestic law to be able to take extra-territorial
jurisdiction over the remaining offences and will seek to
legislate as soon as the approach is agreed and
Parliamentary time allows. The Government takes its
international commitments very seriously and will only
commit to such ratification when we are absolutely
satisfied that we comply with all articles.
Foreign and Commonwealth Office:
Disclosure of Information
Asked by Lord Laird
To ask Her Majesty’s Government what non-
disclosure agreements the FCO made in 2003–04, and
on what date each agreement was made. [HL3725]
Baroness Anelay of St Johns: The Foreign and
Commonwealth Office no longer retains case files for
employment tribunals for 2003 and 2004. However our
records indicate we settled two 2 cases in each year.
Settlement agreements at that time included a standard
confidentiality or non-disclosure clause.
Government Departments: Disclosure of
Information
Asked by Lord Laird
To ask Her Majesty’s Government what assessment
they have made of whether all quasi-judicial decisions
made by government departments or agencies should be
made public. [HL3722]
Lord Bridges of Headley: There are a wide variety of
quasi-judicial decisions and each are subject to different
statutory requirements. In many cases the reasons behind
the decisions are published with the decisions, for
instance where a Secretary of State decides to make, or
not make, a Development Consent Order under the
Planning Act 2008, the decision letter and associated
order, if applicable, must be published.There are several
reasons why decisions might not be published and those
include national security, sensitive personal data or
commercial sensitivity.
Government Departments: Telephone
Services
Asked by Lord Oates
To ask Her Majesty’s Government what assessment
they have made of what is an acceptable average period
for (1) small businesses, and (2) personal taxpayers, to
wait for their calls to a government department to be
answered. [HL3715]
Lord O'Neill of Gatley: HM Revenue and Customs
has a target to handle 80 per cent of call attempts to their
Written Answers 2 December 2015 Page 9
contact centre helplines. It also aims to answer calls
within 5 minutes.
Health Professions: Regulation
Asked by Baroness Gould of Potternewton
To ask Her Majesty’s Government what plans they
have to reform the legislation regarding health
professional regulation, and whether they will publish a
timetable for the implementation of any reform bill.
[HL3835]
Lord Prior of Brampton: This Government is grateful
for the work of the Law Commissions of England and
Wales, Scotland and Northern Ireland in reviewing the
regulation of health and (in England) social care
professionals.
The Law Commissions made 125 recommendations to
reform the existing complex and burdensome regulatory
system. The joint four United Kingdom country response
to the Law Commissions was published on 29 January
2015 which accepted wholly or in part the vast majority
of its recommendations.
The Department is currently reviewing how best to take
forward the work of the Law Commissions. We hope to
be able to provide an update on this work soon.
Human Trafficking: Children
Asked by Lord McColl of Dulwich
To ask Her Majesty’s Government when the final
evaluation report of the trial of specialist advocates for
trafficked children will be published. [HL3943]
Asked by Lord McColl of Dulwich
To ask Her Majesty’s Government when they will lay
before Parliament a report setting out their plans in
relation to independent child trafficking advocates, in
accordance with section 48(7) of the Modern Slavery
Act 2015. [HL3944]
Asked by Lord McColl of Dulwich
To ask Her Majesty’s Government how many
children who received a child trafficking advocate
under the trials conducted in 2014–15 were (1) UK
nationals, (2) nationals of the EU or EEA excluding UK
nationals, and (3) nationals of countries not in the EU or
EEA. [HL3945]
Asked by Lord McColl of Dulwich
To ask Her Majesty’s Government how many
children were referred to the child trafficking advocate
trials from each of the 23 participating local authorities.
[HL3946]
Lord Bates: Section 48(7) of the Modern Slavery Act
requires the Government to lay before Parliament a report
setting out the steps it proposes to take in relation to
independent child trafficking advocates within nine
months of Royal Assent of the Modern Slavery Act. The
Government will publish this report by 16 December,
whilst Parliament is sitting. The evaluation report will be
published by 16 December and set out the number of
children referred into the trial and their countries of
origin.
Human Trafficking: Sub-Saharan Africa
Asked by Lord Boateng
To ask Her Majesty’s Government what measures
were adopted at the Valetta Conference to strengthen
law enforcement action against people smugglers in
Sub-Saharan Africa, and to increase awareness amongst
local populations in Sub-Saharan Africa of the dangers
of informal migration routes across the Sahara and the
Mediterranean. [HL3778]
Lord Bates: The UK played a leading role in agreeing
an Action Plan at the Valletta Conference that will drive
constructive and coherent joint action to tackle the causes
as well as the consequences of current migratory
pressures from Africa. In particular, the Action Plan sets
out a series of initiatives to strengthen law enforcement
action against people smugglers, and to increase
awareness amongst populations in Sub-Saharan Africa of
the dangers of illegal migration, as follows:
• Establish or upgrade national and regional anti-
smuggling and anti-trafficking legislation, policies and
action plans in countries and regions of origin and transit
of migration. Identify single national contact points for
anti-smuggling and trafficking activities to enhance
cooperation, including with counterparts in EU Member
States and associated countries and in Europol
• Implement projects focused on strengthening
institutional capacities to fight against the smuggling of
migrants and trafficking in human beings networks, both
in origin and transit countries located along the West
Sahel routes, and raise awareness on this problem among
the populations concerned
• Set up a joint investigation team in Niger against
migrant smuggling and trafficking in human beings
networks, as a pilot project to be potentially replicated in
other countries or regions at their request
• Organise information campaigns in countries of
origin, transit and destination, to raise awareness of the
general public and potential migrants and victims on the
dangers of trafficking in human beings and smuggling of
migrants, their recruitment processes, including through
public broadcasting services programmes aimed at
informing the general public and potential migrants about
the migratory situation in Europe
We are now focused on working with EU and African
partners to implement the Action Plan quickly and fully.
Imperial War Museum: Education
Asked by Lord Lansley
To ask Her Majesty’s Government how much money
has been (1) provided, and (2) committed through to
Page 10 2 December 2015 Written Answers
2018–19, from the LIBOR fines to support the Imperial
War Museum's educational work; and how that money
has been disbursed or allocated by the museum.
[HL3753]
Baroness Neville-Rolfe: Thanks to my noble friend's
work in this area, and the Chancellor's commitment to use
fines paid by banks for good causes, £8 million has been
committed from the LIBOR funds to support the Imperial
War Museum’s education work over the period 2015-
2019. The Museum has allocatedaround£2 million for
each year of this period and a total of £1.3m has been
invested so far in 2015-2016 on ongoing education work.
This includes support to the First World War Centenary
learning programme with over 3,500 member
organisations from more than 50 different countries
including universities, museums, schools, libraries,
archives, operas, orchestras and local community
organisations.
Iraq: Detainees
Asked by Lord Hylton
To ask Her Majesty’s Government whether they are
making representations to the Kurdistan Regional
Government about the case of Niaz Aziz Saleh.
[HL3845]
Baroness Anelay of St Johns: We have not made
representations to the Kurdistan Regional Government on
this particular case. However, Foreign and
Commonwealth Office Ministers and officials at our
Consulate General in Erbil regularly raise human rights
concerns with the Kurdistan Regional Government.
Israel: Palestinians
Asked by Lord Hylton
To ask Her Majesty’s Government what
representations they have made to the government of
Israel following the Decision adopted by the IPU's
Governing Council meeting on 21 October concerning
Palestinian parliamentarians, in particular about the
health of those parliamentarians being detained, access
for family visits, and grounds for early release.
[HL3888]
Baroness Anelay of St Johns: We remain concerned
about Israel’s extensive use of administrative detention
which, in accordance with international law, should not be
used as routine practice, and should be a preventive rather
than a punitive measure. We have not specifically raised
the cases of detained Palestinian Legislative Council
members. On 3 November officials from our Embassy in
Tel Aviv raised the issue of administrative detention with
Israeli officials from the Ministry of Justice, the Ministry
of Foreign Affairs and the Office of the Deputy Attorney
General.
Litter
Asked by Lord Blencathra
To ask Her Majesty’s Government what assistance
they plan to give to the Clean For The Queen campaign,
which aims to conduct a nationwide litter cleaning
campaign next year to celebrate Her Majesty's 90th
birthday. [HL3773]
Lord Gardiner of Kimble: The Government is
delighted to support and endorse this excellent initiative.
Litter and fly-tipping blight communities and pose a risk
to human health, which is why tackling them is a priority
for the Government. The Minister for Environment and
Rural Affairs gave his backing to the campaign when it
was launched, and we will continue to promote it, to help
reach as many people as possible.
Our experience with the first Community Clear-Up Day
in March demonstrated the enthusiasm and willingness of
people across England to give some of their time to
improve their local environment. The Clean for The
Queen campaign provides a great opportunity for people
to come together and clean up our local streets and parks.
We hope the campaign will help lead to a lasting legacy
of a cleaner, tidier Britain
Living Wage
Asked by Baroness Lister of Burtersett
To ask Her Majesty’s Government what assessment
they have made of the additional anticipated receipts for
HM Treasury as a result of the implementation of the
National Living Wage in each year from 2016 to 2020.
[HL3706]
Lord O'Neill of Gatley: As set out in Table B.3 of
their July 2015 Economic and Fiscal Outlook, the Office
for Budgetary Responsibility estimate that, in 2016-17,
the National Living Wage will leave receipts broadly
unchanged. In 2017-18 and 2018-19, income tax and
National Insurance Contributions (NICs) receipts are
projected to stay constant but the overall impact of the
policy on the public finances is forecast to reduce public
sector net borrowing by £0.1bn. In 2019-0 and 2020-21,
the policy is expected to increase income tax and NICs
receipts by £0.1bn and reduce public sector net borrowing
by £0.2bn.
London Metropolitan University
Asked by The Earl of Clancarty
To ask Her Majesty’s Government whether they have
purchased 41–71 Commercial Road, Aldgate, which is
currently part of the Sir John Cass Faculty of Art,
Architecture and Design, from London Metropolitan
University; and if so, (1) when; (2) which department
purchased that building; (3) what was the asking price;
(4) how much they paid; (5) whether the Sir John Cass
Faculty of Art, Architecture and Design is being
instructed to vacate the premises, and if so, when; and
Written Answers 2 December 2015 Page 11
(6) how they intend to use the building in future.
[HL3697]
Lord Nash: The Department for Education purchased
the Commercial Road site in the name of the Department
for Communities and Local Government in June 2015.
The site has been leased back to London Metropolitan
University until August 2016, after which the site will be
developed into a school building. The price paid for the
site can be obtained from the land registry.
Namibia: Germany
Asked by Lord Steel of Aikwood
To ask Her Majesty’s Government what assessment
they have made of the steps taken by the government of
Germany in respect of acts committed by their colonial
troops against the Herero and Nama people in South-
West Africa in 1904–1908; whether they intend to take
similar steps; and whether they will support requests for
compensation. [HL3815]
Baroness Anelay of St Johns: The British Government
has not made any assessment of the steps taken by the
Government of Germany in respect of this matter. The
issue of compensation is a bilateral matter between the
governments of Germany and Namibia.
North Korea: Refugees
Asked by Lord Alton of Liverpool
To ask Her Majesty’s Government whether they will
make representations to the government of China about
not returning to North Korea nine refugees transferred
to China from Vietnam; what assessment they have
made of conclusions by Human Rights Watch that,
should those refugees be repatriated, they will be at
grave risk; and what assessment the British Ambassador
in Pyongyang has made of the fate of other refugees
returned to North Korea. [HL3790]
Baroness Anelay of St Johns: We are aware of the
situation and are discussing the case with the relevant
authorities. We raise the issue of non-refoulement with
the Chinese government regularly, including at the last
UK-China Human Rights Dialogue.
Northern Ireland (Elections) (Amendment)
(No. 2) Order 2015
Asked by Lord Kennedy of Southwark
To ask Her Majesty’s Government when the decision
was taken to lay the Northern Ireland (Elections)
(Amendment) (No. 2) Order 2015 on 2 November, and
which Ministers were involved in taking the decision.
[HL3890]
Asked by Lord Kennedy of Southwark
To ask Her Majesty’s Government on what date (1)
the Chief Electoral Officer, and (2) the Electoral
Commission, was consulted on the Northern Ireland
(Elections) (Amendment) (No. 2) Order 2015. [HL3891]
Asked by Lord Kennedy of Southwark
To ask Her Majesty’s Government on what date the
Department of Justice in Northern Ireland was advised
of the impact on the criminal offence of breach of
official duty as a result of the changes relating to the
correction of procedural error made by the Northern
Ireland (Elections) (Amendment) (No. 2) Order 2015.
[HL3892]
Asked by Lord Kennedy of Southwark
To ask Her Majesty’s Government on what date the
Minister of Justice in Northern Ireland was advised of
the impact on the criminal offence of breach of official
duty as a result of the changes relating to the correction
of procedural error made by the Northern Ireland
(Elections) (Amendment) (No. 2) Order 2015. [HL3893]
Lord Dunlop: Northern Ireland Office Ministers took
the decision to lay the Northern Ireland (Elections)
(Amendment) (No.2) Order 2015 on 30 October 2015,
following discussions with Ministerial colleagues at the
Cabinet Office. Northern Ireland Office officials began
work on the Order in May 2015, although work was
delayed by the department’s focus on the Northern Ireland
Talks process. The Minister of Justice in Northern Ireland
was advised of the impact of the proposed changes
relating to procedural error by letter on 31 July 2015. The
Chief Electoral Officer expressed support for the
proposed content of the Order in meetings in June 2015.
The Electoral Commission was consulted on the Order on
1 October 2015. As the Explanatory Memorandum to the
Order sets out, there are significant differences in the
systems operating in Northern Ireland and Great Britain
and a one size fits all approach is not justified.
Northern Ireland Government
Asked by Lord Laird
To ask Her Majesty’s Government whether they will
publish the draft bill setting up the Historical
Investigations Unit and other legacy bodies that was
presented to political parties at the recent negotiations
held under the Belfast Agreement 1998. [HL3879]
Lord Dunlop: The recent negotiations established
substantial common ground between the parties on how to
establish the legacy bodies identified in the Stormont
House Agreement.
The Government is currently reflecting on how we can
move forward and achieve broad consensus in support of
legislation to establish these legacy bodies.
Prisoners: Gender Recognition
Asked by Lord Storey
To ask Her Majesty’s Government how many
transgender prisoners are gaoled in a prison for people
of their previous gender designation. [HL3869]
Page 12 2 December 2015 Written Answers
Lord Faulks: This information is not held centrally.
The Minister for Prisons, Probation and Rehabilitation
announced on 20 November that HM Government will
publish data on the number of trans people in prison in
due course.
Public Acts
Asked by Lord Naseby
To ask the Chairman of Committees what
consultation there has been about the proposals for
record copies of public acts to be printed on paper
rather than vellum. [HL3713]
Lord Laming: The House of Lords agreed to cease
using vellum for public Acts in 1999, with a resolution to
that effect being passed on 14 October 1999. At that time,
the change was not agreed by the House of Commons.
Since then the House of Lords has continued to pay for
the production of two copies of each public Act of
Parliament, printed on vellum. (One copy is retained in
the Parliamentary Archives; one copy is sent to the
National Archives.) The Lords has done this even though
it is not in accord with the October 1999 resolution of this
House.
In the past six years (2009/10 to 2014/15) the Lords has
spent a total of £620,440 on vellum Acts; an average of
just over £103,000 per year.
This is despite the availability of archival paper which
is of extremely high quality and durability. Private Acts of
Parliament have been printed on archival quality paper
since 1956, and I am not aware that vellum is now used
for any other governmental or parliamentary records.
The National Archives have confirmed the view they
took in 1999; that they do not require a vellum copy, and
that archival quality paper is sufficient to maintain the
public record.
Switching from vellum to high quality archival paper
would, on a conservative estimate, save approximately
80% on current costs - or around £80,000 per year. The
exact level of savings to public funds will depend on the
number of Acts passed, and number of pages per Act, per
year, and the precise specification and contractual
arrangements agreed for future printing.
As well as being an expensive raw material, vellum
requires a highly specialised form of printing which is not
widely available, the machinery for which is expensive to
maintain, and which is likely to be more difficult to
procure on the expiry of the House’s current printing
contract in March 2016.
As the start of a new Parliament seemed a natural point
at which to implement the change previously agreed by
this House, the main party Leaders, the Convenor and the
Lord Speaker were consulted early in the present session,
and the House Committee was informed in July 2015. I
then wrote to the Chairman of the House of Commons
Administration Committee on 17 September to invite that
House to agree to the change.
Public Expenditure
Asked by Lord Taylor of Warwick
To ask Her Majesty’s Government what plans they
have to use the forthcoming spending review to act on
the findings of the Institute for Government report
Managing with Less, in particularly the finding that
"some government targets....look unachievable".
[HL3679]
Lord O'Neill of Gatley: The Government receives a
wide range of representations which inform the Spending
Review process. The Spending Review has now been
published and is available in the Library of the House and
on gov.uk .
Public Expenditure: Northern Ireland
Asked by Lord Empey
To ask Her Majesty’s Government how much was
deducted from the Northern Ireland Executive’s budget
in 2014–15 and 2015–16 due to its failure to implement
welfare reforms. [HL3780]
Lord O'Neill of Gatley: As a result of the delays in
implementing welfare reform in the Northern Ireland
Assembly, the Northern Ireland Executive’s budget was
reduced by £87m in 2014-15 and £114m in 2015-16 to
reflect the additional costs to the Exchequer of the
existing welfare system.
As a part of the ‘Fresh Start’ agreement to facilitate the
implementation of the Stormont House Agreement, the
government committed to returning a proportion of the
deduction for 2015-16 when the Assembly gave
legislative consent for the Northern Ireland (Welfare
Reform) Act 2015. This will be added to the Executive’s
allocations in 2016-17 and 2017-18.
Refugees: Children
Asked by Lord Greaves
To ask Her Majesty’s Government what is their
estimate of (1) the number of unaccompanied refugee
children who are waiting at or near Calais and other
Channel ports on the European mainland in the hope of
crossing to England, and (2) how many of those are
dependents or close relatives of persons who are living
in the UK. [HL3987]
Lord Bates: The management of the migrant camps in
Calais is the responsibility of the French Government.
The UK Government does not routinely assess the
numbers of migrants (including children) in Calais, or
hold a breakdown of their ages. EU asylum rules oblige
Member States to bring together close family members,
including children. For a refugee child to be reunited with
family members in the UK, a claim must first be lodged
with the French authorities. The French and UK
Governments are actively encouraging and assisting
migrants in the Calais area to claim asylum in France.
Written Answers 2 December 2015 Page 13
Religious Hatred: Islam
Asked by Baroness Tonge
To ask Her Majesty’s Government what measures are
being taken in the UK to safeguard moderate Muslims
from Islamophobic crime, in the light of the recent
terrorist attacks around the world. [HL3873]
Lord Bates: The Government takes the safety of the
Muslim and all other communities extremely seriously,
and deplores all forms of hate crime. We are concerned
by reports of increased attacks against Muslims in recent
weeks, and we are working with the police and
community groups on monitoring the situation and taking
appropriate action where required.
The police constantly review events and potential
threats to ensure everything is being done to protect our
communities from terrorism, hate crime and the impact of
public protest.
After the attacks in Paris the police have increased their
presence on some streets and at some locations, and they
will be intensifying their approach at events in big cities.
Officers are working closely with London’s communities
and businesses to provide advice and reassurance.
Government officials are also speaking to community
organisations such as Tell MAMA to ensure that we are
aware of the current issues around anti-Muslim hatred and
to ensure that we increase reporting of it.
The Government is committed to tackling hate crime.
That is why we have announced a new cross-Government
Hate Crime Action Plan. This will be taken forward in
partnership with the communities that it seeks to protect,
and will include a range of actions across Government.
We have also announced that from 2016, police forces
will be expected to record data on hate crimes against
Muslims and members of other religious groups, to allow
us to properly assess the scale of the problem we are
facing.
Our Counter-Extremism Strategy, published in October,
outlines how we will further protect British Muslims,
including communities worried about Neo-Nazi groups
who may be planning crimes such as attacks on Muslims.
Revenue and Customs: Correspondence
Asked by Lord Oates
To ask Her Majesty’s Government what is the
average time it takes HMRC to respond to written
communications from (1) small businesses, and (2)
personal taxpayers. [HL3714]
Lord O'Neill of Gatley: HM Revenue and Customs
(HMRC) does not collect data in such a way that the
average waiting time for responses to written
communications can be calculated. The performance is
measured as a percentage of post cleared within 15 and 40
working days of receipt. HMRC has published the
information on the performance results including post
turnaround in the Annual Report and Accounts 2014-15.
HMRC’s data on response times for written
communication cannot be easily analysed by customer
group.
Revenue and Customs: Telephone Services
Asked by Lord Oates
To ask Her Majesty’s Government what steps they
are taking to reduce HMRC’s delays in answering
telephone enquiries. [HL3717]
Lord O'Neill of Gatley: HM Revenue and Customs
(HMRC) recognise that their customer service has not
been good enough, and have taken major steps to
improve, including recruiting 3,000 new staff into
customer service roles, available outside normal office
hours when many of their customers choose to call. This
year has seen their biggest-ever training programme as
HMRC build customer support teams that can move
across a wide range of work according to customer
demand. By the end of December 1,600 existing staff will
be trained to cover a wider range of work. Hundreds of
these people are already taking calls. These improvements
have started to make a difference. Last month, HMRC
answered more than 80 per cent of calls, and average
queue times are now around 10 minutes or less.
Asked by Lord Oates
To ask Her Majesty’s Government what assessment
they have made of the cost to (1) small businesses, and
(2) personal taxpayers, of HMRC’s delays in answering
telephone enquiries in terms of lost productivity.
[HL3718]
Lord O'Neill of Gatley: HM Revenue and Customs
has not made such an assessment.
Road Traffic: Cardiff
Asked by Lord Bradshaw
To ask Her Majesty’s Government whether there has
been any research into the effect of the introduction of
the Traffic Management Act 2004 on congestion in
Cardiff, as opposed to other cities. [HL3694]
Lord Ahmad of Wimbledon: Not by Her Majesty’s
Government. This is a devolved matter and so would be
for the Welsh Government or the relevant traffic authority
in Cardiff.
Road Traffic: Urban Areas
Asked by Lord Bradshaw
To ask Her Majesty’s Government what action they
are taking to deal with traffic congestion in towns and
cities. [HL3693]
Lord Ahmad of Wimbledon: The Government has an
ambitious strategy for tackling congestion in our cities
and towns and improving performance on our roads. This
strategy includes providing significant investment in both
Page 14 2 December 2015 Written Answers
our strategic and localroad network, as well as working
with highway authorities and Local Enterprise
Partnerships to encourage more sustainable transport
including buses, light rail and walking and cycling.
In addition, Part 2 of the Traffic Management Act 2004
("the Act") specifically places a Network Management
Duty (NMD) on each local traffic authority in England to
manage its road network to secure the expeditious
movement of traffic on its own network and to facilitate
the same on the network of other authorities.
Coordination of activities and actions between authorities
is an especially important element of network
management.
The Act is intended to provide better conditions for all
road users through coordination and proactive
management of the road network. It provides a key tool in
the Government's strategy to tackle congestion through a
range of initiatives including for example, better
management of street works in order to minimise
disruption and delivering fairer systems for civil parking
and traffic enforcement.
Rolls-Royce
Asked by Lord Taylor of Warwick
To ask Her Majesty’s Government what steps they
plan to take, if any, to help Britain’s aerospace and
defence industry in the light of Rolls-Royce’s fifth
profit warning in 21 months. [HL3676]
Baroness Neville-Rolfe: The Government is working
with Britain’s aerospace and defence industry through the
Aerospace Growth Partnership and the Defence Growth
Partnership to remove barriers to growth, boost exports
and grow high value jobs.As part of this work we are
supporting the industry’s investment in technology,
competitiveness and productivity, and skills, to help
ensure the UK remains one of the world’s leading
aerospace and defence nations
At the Spending Review, the Government protected and
extended spending on the Aerospace Technology
Institute.
Shared Spaces
Asked by Baroness Randerson
To ask Her Majesty’s Government how they
encourage local authorities and other interested
organisations to share best practice regarding the
introduction and operation of shared space for vehicles
and pedestrians. [HL3730]
Lord Ahmad of Wimbledon: To help identify and
disseminate good practice in implementing shared space,
the Department for Transport is working with the
Chartered Institution of Highways and Transportation,
who are preparing updated guidance. This work aims to
use the practical experience gained from recent shared
space schemes to provide good practice advice to local
authorities and other interested organisations. To help
inform this work, as the Minister responsible for this
issue, my Hon Friend, the Parliamentary Under Secretary
of State for Transport, the Hon Member for Harrogate and
Knaresborough, Andrew Jones, has written to all local
authorities asking them to provide information on relevant
schemes to the Department by the end of November.
Social Services: Finance
Asked by Baroness Lister of Burtersett
To ask Her Majesty’s Government what
consideration they have given to the viability of (1) the
care home sector, and (2) the private home care
provider sector, in the light of local government
expenditure restraint and the implementation of the
National Living Wage. [HL3707]
Lord Prior of Brampton: The Government has
engaged with the care sector, including care providers, to
understand the impact on the market arising from amongst
other things, local authority commissioning behaviour and
the introduction of the National Living Wage. This has
included a number of deep dive sessions held with both
care home businesses and providers of home care
services.
As part of its spending plans for the next four years the
Government is giving local authorities access to £3.5
billion of new support for adult social care by 2019/20.
Local authorities will be able to introduce a new Social
Care Precept, allowing them to increase council tax by
2% above the existing threshold. The Government
estimates this could raise nearly £2 billion a year for adult
social care by 2019/20.
Councils will need to increase the price they pay for
care to cover costs for care providers such as the National
Living Wage. To support this, the Social Care Precept
puts money raising powers into the hands of local
authorities which are best placed to target resources based
on their understanding of their local care market.
Students: Per Capita Costs
Asked by Lord Storey
To ask Her Majesty’s Government what is the current
level of per capita funding for students in (1) school
sixth forms in schools, (2) sixth form colleges, and (3)
further education colleges. [HL3920]
Lord Nash: Funding for all 16-19 institutions comes
from the same national funding formula. The national
base rate for 16-19 year olds in full time education is
£4,000 per student. Weightings related to disadvantage,
programme costs and area costs are added to the base rate
funding, to reflect additional costs faced by different
institutions.
The overall average units of funding for the 2015/16
academic year are:
Written Answers 2 December 2015 Page 15
Schools and Academy Sixth Forms £4,567
Sixth Form Colleges £4,670
General Further Education and Specialist Colleges £4,973
Sub-Saharan Africa: Human Trafficking
Asked by Lord Boateng
To ask Her Majesty’s Government what is their
assessment of (1) the role of law enforcement in Sub-
Saharan Africa in deterring and apprehending people
smugglers, and (2) the capacity of those forces to fulfil
that role. [HL3777]
Baroness Anelay of St Johns: At the Valletta Summit
on 11 and 12 November, EU and African leaders made
clear their shared determination to provide a
comprehensive solution to irregular migration that deals
with the root causes as well as responds to the
consequences. Both European and African law
enforcement agencies have an important role to play in
delivering that solution. A key tenet of the Action Plan
agreed at the Summit was to strengthen further our
collective efforts to prevent and fight against migrant
smuggling and trafficking in human beings through
effective border management, enhanced intelligence-
sharing and the implementation of the relevant legal
frameworks. Through the new EU Trust Fund on
migration, as well as bilateral activity, we will help build
the capacity of law enforcement agencies in Africa to go
after the criminal gangs and smuggling networks that
profit from human misery. In Valetta the Prime Minister,
my right hon. Friend the Member for Witney (Mr
Cameron), announced further funding for the UK’s
Organised Immigration Crime Taskforce, now totalling
£50million for 2015-2020. The Taskforce brings together
officers from the National Crime Agency, Border Force,
Immigration Enforcement and the Crown Prosecution
Service with the task of pursuing and disrupting organised
crime groups involved in the people smuggling trade in
countries of source, transit and destination.
Sub-Saharan Africa: Migration
Asked by Lord Boateng
To ask Her Majesty’s Government what is their
assessment of the resources allocated by the EU to
address the root causes of informal migration in Sub-
Saharan Africa. [HL3779]
Baroness Anelay of St Johns: The UK welcomes the
EU’s ongoing, and growing, commitment to supporting
development in Africa. At the Valletta Summit, EU and
African leaders made clear their shared determination to
provide a comprehensive solution to irregular migration
that deals with the root causes as well as responds to the
consequences. To support these efforts the EU launched a
£1.3billion Trust Fund to improve stability in Africa and
tackle the drivers of migration, to which the UK
announced a £2million direct contribution. Factoring in
our contribution via other EU funds, the UK’s total
contribution to the overall fund is approximately
£187million. In total the EU will spend around €10 billion
in Africa between now and 2020 to help create jobs,
security, better living standards and better governance.
We believe that this increased assistance will play an
important role in helping tackle the root causes of
irregular migration.
Member States also contribute through bilateral
funding, and the UK alone provides £4billion a year in aid
to Africa. At Valletta the Prime Minister, my right hon.
Friend the Member for Witney (Mr Cameron), announced
an additional £200 million package for Africa, which will
help build more resilience to economic and environmental
pressures; support those displaced by recent crises; and
provide greater access to services, education and
economic development programmes.
Syria: Military Intervention
Asked by Lord Roberts of Llandudno
To ask Her Majesty’s Government what part of the
defence budget is allocated for military action in Syria.
[HL3902]
Earl Howe: In agreement with Her Majesty's Treasury,
the Ministry of Defence draws upon the Special Reserve
to meet the net additional costs for operations. As such,
no part of the Defence budget is specifically allocated for
military action in Syria.
Tickets: Sales
Asked by Baroness Hayter of Kentish Town
To ask Her Majesty’s Government, further to the
Written Answer by Baroness Neville-Rolfe on 2
November (HL2909) regarding breaches of the
Consumer Rights Act 2015 by ticket resale websites,
what action they are taking to highlight to the general
public (1) the existence of, and (2) the functions of, the
Citizens Advice consumer helpline. [HL3634]
Baroness Neville-Rolfe: The Government advises
consumers through Gov.uk to contact the Citizens Advice
consumer helpline, which is funded by BIS, on any
questions relating to consumer law, including ticket
resales. The helpline advises consumers on their rights
and remedies and will pass on complaints to Trading
Standards where appropriate.
Awareness of the helpline is also raised through
national consumer campaigns such as Scams Awareness
Month and National Consumer Week which Government
supports through the Consumer Protection Partnership.
Citizens Advice produces leaflets and other materials
informing consumers of their rights and how to look out
for scams.
Page 16 2 December 2015 Written Answers
Asked by Baroness Hayter of Kentish Town
To ask Her Majesty’s Government how many actions
have been taken by the police and trading standards
regarding breaches of the Consumer Rights Act 2015 in
relation to ticket resale websites. [HL3636]
Baroness Neville-Rolfe: Such information on breaches
of the Consumer Rights Act 2015 in relation to ticket re-
sale websites is not currently held by or routinely made
available to the Government.
The Independent Review of Secondary Ticketing
required by the Consumer Rights Act will consider
evidence and report by 26 May 2016.
Turkey: Politics and Government
Asked by Lord Hylton
To ask Her Majesty’s Government what
representations they are making to the government of
Turkey about the arrest and charging of Figen
Yüksekdag, co-chair of the HDP Party; and whether
they will press for her trial to be observed. [HL3828]
Baroness Anelay of St Johns: A request has reportedly
been filed to allow proceedings against Mrs Yüksekdag
but we are not aware of her arrest. As a member of the
Turkish Parliament she enjoys immunity from
prosecution, which would need to be lifted or given up for
her to face trial. Officials from our Embassy in Ankara
regularly observe trials in Turkey.
Undocumented Migrants: Finance
Asked by Baroness Hamwee
To ask Her Majesty’s Government how many times
the joint central and local government working group
referred to in paragraph 3.3 of their response to the
consultation on reforming support for failed asylum
seekers and other illegal migrants has met, and whether
they will publish the minutes of that group's meetings.
[HL3734]
Lord Bates: The working group has so far met on two
occasions, on 10 September and 6 October. Formal
minutes of these meetings were not taken. It is anticipated
that a further meeting of the working group will be held
shortly.
Asked by Baroness Lister of Burtersett
To ask Her Majesty’s Government what proportion of
respondents supported each of the proposals in the
consultation Reforming support for failed asylum
seekers and other illegal migrants. [HL3853]
Lord Bates: The consultation response published on 5
November 2015 provides an overview of the responses,
including by category of respondent, and summarises the
responses to the proposals and questions set out in the
consultation document. The individual responses varied in
scope, detail and the extent to which they directly
addressed those proposals and questions and it is not
possible therefore to quantify the responses in the manner
sought.
Visas
Asked by Baroness Hamwee
To ask Her Majesty’s Government, further to the
Written Answer by Lord Bates on 25 November
(HL3549), how many of the family reunion visas
scheduled were granted on the basis of exceptional
compelling compassionate circumstances outside the
Immigration Rules, broken down by country and year.
[HL3957]
Lord Bates: The number of applications for Family
Reunion Visas that were subsequently issued Outside of
the Immigration Rules can be found in the table below.
It is not possible to give a breakdown by country or
nationality.
Year 2011 2012 2013 2014 Total
Number of
applications granted
outside the
rules
77 30 18 12 137
Visas: Carers
Asked by Lord Ouseley
To ask Her Majesty’s Government what
consideration they are giving to relaxing visa
restrictions for those seeking to come to Britain as
carers in order tackle nursing and care home staffing
shortages. [HL3675]
Lord Bates: Tier 2 of the Points Based System for
immigration - the skilled work route - has been reserved
for graduate occupations since 2011. Carers do not
qualify for entry to the UK under this route and sponsors
are therefore unable to bring in workers from outside the
EEA to fill such roles.
While the Government acknowledges that care work
requires certain skills, it should be possible to source
those skills from the resident workforce. The care sector,
like others, needs to reduce its dependency on migration
and develop a sustainable strategy for tackling high
vacancy and turnover rates by doing more to attract, train
and retain resident workers.
Warships
Asked by Lord West of Spithead
To ask Her Majesty’s Government, in the light of the
outcome of the Strategic Defence and Security Review,
whether they plan for the Royal Navy to have a two-tier
escort force in the future. [HL3907]
Earl Howe: In addition to setting out the Government's
commitment to build eight Type 26 anti-submarine
Written Answers 2 December 2015 Page 17
warfare ships, the statement by the Prime Minister on the
outcome of the Strategic Defence and Security Review
(Official Report, column 1049 dated 23 November 2015)
announced the launch of a concept study for a new class
of lighter, flexible general purpose frigates, so that by the
2030s we can further increase the total number of frigates
and destroyers. This study will consider the utility of the
new frigate within the wider force structure across the
spectrum of tasks the Royal Navy undertakes.
Youth Offending Teams
Asked by Lord Storey
To ask Her Majesty’s Government how many youth
offending teams have dyslexic accreditation. [HL3870]
Lord Faulks: Information on the number of Youth
Offending Teams with dyslexic accreditation is not held
centrally.
Index to Statements and Answers
Written Statements ................................................. 1
Disabled Students' Allowances............................. 1
Energy Council ..................................................... 2
Justice and Home Affairs: Pre-Council Statement
.............................................................................. 3
UK Justice Home Affairs: Least Developed
Countries Services Waiver ................................... 5
Written Answers ..................................................... 6
Action on Smoking and Health ............................ 6
Biometrics: Databases .......................................... 6
Burma: War Crimes .............................................. 6
Bus Services: Urban Areas ................................... 7
Coastal Areas: Access .......................................... 7
Countryside: Access ............................................. 7
Egypt: Gaza .......................................................... 7
Epsom Station ....................................................... 8
Faith Schools ........................................................ 8
Forced Marriage ................................................... 8
Foreign and Commonwealth Office: Disclosure of
Information ........................................................... 8
Government Departments: Disclosure of
Information ........................................................... 8
Government Departments: Telephone Services ... 8
Health Professions: Regulation ............................ 9
Human Trafficking: Children ............................... 9
Human Trafficking: Sub-Saharan Africa ............. 9
Imperial War Museum: Education ....................... 9
Iraq: Detainees .................................................... 10
Israel: Palestinians .............................................. 10
Litter ................................................................... 10
Living Wage ....................................................... 10
London Metropolitan University ........................ 10
Namibia: Germany ............................................. 11
North Korea: Refugees ....................................... 11
Northern Ireland (Elections) (Amendment) (No.
2) Order 2015 ..................................................... 11
Northern Ireland Government ............................ 11
Prisoners: Gender Recognition .......................... 11
Public Acts ......................................................... 12
Public Expenditure ............................................ 12
Public Expenditure: Northern Ireland ................ 12
Refugees: Children ............................................ 12
Religious Hatred: Islam ..................................... 13
Revenue and Customs: Correspondence ........... 13
Revenue and Customs: Telephone Services ...... 13
Road Traffic: Cardiff ......................................... 13
Road Traffic: Urban Areas ................................ 13
Rolls-Royce ....................................................... 14
Shared Spaces .................................................... 14
Social Services: Finance .................................... 14
Students: Per Capita Costs ................................. 14
Sub-Saharan Africa: Human Trafficking ........... 15
Sub-Saharan Africa: Migration .......................... 15
Syria: Military Intervention ............................... 15
Tickets: Sales ..................................................... 15
Turkey: Politics and Government ...................... 16
Undocumented Migrants: Finance ..................... 16
Visas .................................................................. 16
Visas: Carers ...................................................... 16
Warships ............................................................ 16
Youth Offending Teams .................................... 17