wednesdayvol. 766 2 december 2015no. 30 -...

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

[I] indicates that the member concerned has a relevant registered interest. The full register of interests can be found at

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Members who want a printed copy of Written Answers and Written Statements should notify the Printed Paper Office.

This printed edition is a reproduction of the original text of Answers and Statements, which can be found on the internet

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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

© Parliamentary Copyright House of Lords 2015

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http://www.parliament.uk/writtenanswers

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

http://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Lords/2015-12-02/HLWS341/

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



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


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


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.


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]


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]


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]


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]


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.

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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


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


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


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









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


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


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


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








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]


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]


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]



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










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


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



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


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


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











(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


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


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


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]


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]


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]


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


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



transgender prisoners are gaoled in a prison for people

of their previous gender designation. [HL3869]














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.







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]


(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]


(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


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]


has not made such an assessment.

Road Traffic: Cardiff


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


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









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



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


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:






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



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



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


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.







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



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.


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


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


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











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


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

wednesdayvol. 766 2 december 2015no. 30 -...

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