Wednesday 4 March 2015 Vol. 761 No. 112 PARLIAMENTARY DEBATES (HANSARD) HOUSE OF LORDS OFFICIAL REPORT WRITTEN STATEMENTS AND WRITTEN ANSWERS Written Statements .................................................1 Written Answers .....................................................4 [I] indicates that the member concerned has a relevant registered interest. The full register of interests can be found at http://www.parliament.uk/mps-lords-and-offices/standards-and-interests/register-of-lords-interests/ 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 at http://www.parliament.uk/writtenanswers/. Proposed corrections should be sent to [email protected] for review. 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 Baroness Stowell of Beeston Lord Wallace of Tankerness Lord Ahmad of Wimbledon Baroness Anelay of St Johns Lord Ashton of Hyde Lord Astor of Hever Lord Bates Lord Bourne of Aberystwyth Lord De Mauley Lord Deighton Lord Faulks Lord Freud Baroness Garden of Frognal Lord Gardiner of Kimble Earl Howe Baroness Jolly Baroness Kramer Lord Livingston of Parkhead Lord Nash Baroness Neville-Rolfe Lord Newby Baroness Northover Lord Popat Baroness Randerson Lord Taylor of Holbeach Baroness Verma Lord Wallace of Saltaire Baroness Williams of Trafford Responsibilities Leader of the House of Lords and Lord Privy Seal Advocate-General for Scotland and Deputy Leader of the House Parliamentary Under-Secretary of State, Department for Communities and Local Government Minister of State, Foreign and Commonwealth Office Whip Parliamentary Under-Secretary of State, Ministry of Defence Parliamentary Under-Secretary of State, Home Office Whip Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs Commercial Secretary to the Treasury Minister of State, Ministry of Justice Parliamentary Under-Secretary of State, Department for Work and Pensions Whip Whip Parliamentary Under-Secretary of State, Department of Health Whip Minister of State, Department for Transport Minister of State, Department for Business, Innovation and Skills Parliamentary Under-Secretary of State, Department for Education Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills Deputy Chief Whip Parliamentary Under-Secretary of State, Department for International Development Whip Parliamentary Under-Secretary of State, Wales Office Chief Whip Parliamentary Under-Secretary of State, Department for Energy and Climate Change Whip Whip © Parliamentary Copyright House of Lords 2015 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/ Written Statements 4 March 2015 Written Statements Wednesday, 4 March 2015 Concessionary Coal [HLWS318] Baroness Verma: My right honourable friend the Minister of State for Energy (Matthew Hancock) has made the following Written Ministerial Statement. I want to update the House on matters concerning the provision of concessionary fuel entitlements to the miners of UK Coal Production Ltd (UKC) On 15 January 2015, UKC submitted to Government a request for additional public sector funding to extend the life of its two deep coal mines. Under the company’s current plans, Thoresby is due to close in August 2015 and Kellingley in December 2015. The support requested constitutes state aid to the coal sector, which is governed by Council Decision 2010/787/EU, and is restricted to facilitating the safe and orderly closure of loss-making coal mines by 2018 at the latest. The company’s request is for total additional support of £338m. Of this, £244m is to cover the mine’s operating losses prior to closure in 2018 (‘closure aid’ under Article 3 of the Coal Decision), and £94m is aimed at mitigating the social and environmental impacts of mine closure (Article 4 aid for ‘exceptional costs’). I wish to announce now that the Government will ensure UKC miners receive their concessionary fuel entitlements. Energy Council [HLWS317] Baroness Verma: In advance of the forthcoming Energy Council in Brussels on 5 March, I am writing to outline the agenda items to be discussed. Under the first item on the agenda the Latvian Presidency has suggested an exchange of views on the Strategic Framework for the Energy Union, with a view to contributing to the discussion and conclusions on the Energy Union expected at the European Council on 19/20 March. The UK broadly welcomes the Commission’s Communication setting out a strategy for a ‘resilient Energy Union with a forward looking Climate Change Policy’ and considers it a promising start to delivering the EU reform needed to strengthen Europe’s energy security, decarbonise cost-effectively and deepen the internal energy market. The UK will be arguing that the scale of the challenges ahead requires further ambition and flexibility and that Member States need to be able to draw on the full range of low, and lower, carbon technologies to deliver secure, low carbon and competitive energy, including renewables, energy efficiency, nuclear, CCS and gas. The Council will then hold a policy debate on energy infrastructure, focusing on measures to promote the Page 1 efficient implementation of an interconnected crossborder energy market, including ending the energy isolation of Member States. The UK agrees that more needs to be done by Member States to complete the Single Market and that particular priority needs to be given to the facilitation of new interconnection and investment projects. The Commission and Presidency will then report on the current situation in relation to European energy security. Finally, the Czech delegation is expected to present proposals on the European Nuclear Energy Forum. Infrastructure (Sale of Eurostar) [HLWS315] Lord Deighton: My rt hon Friend the Chief Secretary to the Treasury (Danny Alexander) has today made the following written ministerial statement. I am pleased to inform the House that the government has agreed the sale of its entire interest in Eurostar International Limited (“Eurostar”) for £757.1m. The Autumn Statement 2013 and National Infrastructure Plan 2013 set out the government’s ambition to achieve £20 billion from corporate and financial asset sales by 2020. Eurostar was identified as a possible candidate for sale and following a competitive auction process which started in October 2014, the government have now reached final agreements. A consortium comprising Caisse de dépôt et placement du Québec (CDPQ) and Hermes Infrastructure has agreed to acquire Government’s 40% stake in Eurostar for £585.1m. In addition, Eurostar has, on closing of the sale of the Government stake, agreed to redeem HMG’s preference share, providing a further £172m for the exchequer. Eurostar is the high-speed train service linking London, Ebbsfleet and Ashford with Paris, Brussels, Lille and other French destinations. Established in 1994 as a partnership between three railway companies: SNCF, SNCB and British Rail (subsequently London and Continental Railways (LCR)), Eurostar became a single, unified corporate entity owned by three shareholders: SNCF, SNCB and LCR in September 2010. In June 2014 the ownership of the UK holding transferred from LCR, a Department for Transport owned company, to HM Treasury. The sale receipts will be paid on completion of the contract, which is expected to happen in the second quarter of 2015. SNCF and SNCB – the other shareholders in Eurostar – have the option (the “Preemption Right”) to acquire HMG’s 40% stake for a 15% premium to the agreed price of £585.1m. Closing of the sale to the CDPQ and Hermes Infrastructure consortium is conditional on SNCF and SNCB not exercising the Preemption Right. The transaction is also conditional on certain regulatory approvals including EU merger clearance. Page 2 4 March 2015 Queen Elizabeth II Conference Centre Written Statements Returning Officers (Indemnity) [HLWS313] [HLWS316] Lord Ahmad of Wimbledon: I am today announcing Key Performance Targets that have been agreed for the Queen Elizabeth II Conference Centre for the period 1 April 2015 to 31 March 2016. Lord Wallace of Saltaire: It is normal practice, when a government department proposes to undertake a contingent liability in excess of £300,000 for which there is no specific statutory authority, for the Minister concerned to present a departmental Minute to Parliament giving particulars of the liability created and explaining the circumstances; and to refrain from incurring the liability until fourteen parliamentary sitting days after the issue of the Minute, except in cases of special urgency. Returning Officers for UK Parliamentary elections in England and Wales are appointed under section 24 of the Representation of the People Act 1983 (“RPA 1983”). The post is an honorary one, held by the Sheriff of a county or the Mayor or Chairman of a local council. However, in practice, under section 28 of the RPA 1983, the Returning Officer discharges functions through an Acting Returning Officer, who is usually a senior officer in the local authority. In Scotland, under sections 25 and 41 of the RPA 1983, Returning Officers for UK Parliamentary elections are appointed local authority officers. For the purposes of UK Parliamentary elections, Returning Officers and Acting Returning Officers throughout Great Britain (referred to below as “ROs” and “AROs”) are independent officers. They are separate from both central and local government. As a result, they are exposed to a variety of legal risks varying from minor claims for injury at polling booths, to significant election petitions and associated legal costs. ROs and AROs make their own arrangements to insure themselves against any risks they face in taking forward their statutory duties at local and UK Parliamentary elections. The cover obtained usually forms part of the local authority’s own insurance arrangements. In a small sample of AROs from the Cabinet Office's Electoral Policy Coordination Group, all provided details of existing insurance cover in place with the local authority that extended to cover the AROs conduct in relation to UK Parliamentary elections. The upper limit of Officials' Indemnity cover in the sample ranged from £5m to £15m, with excesses ranging from nil to £500,000. This insurance mainly sought to cover: • liability for damages arising out of wrongful acts in the performance of official duties; • reasonable legal expenses for defending any proceedings; and • costs arising out of holding another election. While this insurance, coupled with local authority’s employers and public liability insurance, will cover the great majority of risks to which ROs and AROs will be exposed to at UK Parliamentary elections, they could ultimately be liable for claims of a type not covered by insurance policies. They could also be liable for claims that exceed the insurance limits in existing cover. The agency’s principal financial target for 2015/16 is to achieve a minimum dividend payment to the Department for Communities and Local Government of £1.7 million as proposed in the business plan for the year. The agency also has the following targets to achieve: · Room Hire – To achieve a Capacity Utilisation ratio of 53%. · To generate secondary revenue from Audio Visual & Information Technology services and Catering royalty which in total equates to a ratio of 90% of room hire revenue. · To achieve an overall score for client satisfaction of at least 90%. · To receive less than 2 complaints per 100 events held. The Centre is forecasting an increase in its annual dividend payment to the Exchequer from £1.5 million in 2014/15 to £1.7 million in 2015/16 which is projected to rise further over its corporate plan period. I am also delighted to announce that the Centre has delivered significant improvements and enjoyed considerable success over the course of the last two years. · For the year ending 2014/15 the Centre delivered a growth in room hire revenue of 17.3% in comparison to the previous year, a substantial achievement. · For 2014/15 the Centre also delivered the best trading results across all income streams since 2009/10 and in one month, June 2014, delivered the highest occupancy level and revenue generating month since it opened 29 years ago. · In economic terms it is estimated that the Centre delivered an economic impact to the London and UK economy of £122 million in 2014/15. · The Centre remains fully self funding and has invested wisely in improving its facilities and services and as a result was awarded the 2014 Gold Award for Best Large Venue by EVENTIA, the UK’s largest event industry association. · The Centre is an increasingly successful profit making agency, paying an annual dividend which is forecast to increase again in 2015/16 and in each of the years covered by its corporate plan. I would like to offer my congratulations to the Centre’s management team for their proactive and determined efforts in modernising and improving this agency and its performance. Written Statements 4 March 2015 In light of this, the Cabinet Office proposes to provide ROs and AROs with a specific indemnity for UK Parliamentary elections to supplement the insurance policies that have been arranged locally. The indemnity will fund ROs and AROs for costs (including reasonable legal costs and reasonable expenses) incurred in connection with a UK Parliamentary election, which arise in relation to their discharge of responsibilities as RO or ARO but fall outside of the scope of the insurance cover which they have arranged locally, and where all other forms of recourse have been exhausted. The indemnity will be limited to the extent that: (i) it will not cover any costs which arise in whole or part from any deliberate or wilful negligence by an ARO/RO; (ii) it will not generally cover any excess costs which the ARO/RO has negotiated on his / her insurance policy (although individual claims for excess costs will be judged on their merits); (iii) it will not cover situations where the ARO/RO’s insurance policy offers an alternative means of cover; (iv) it will not cover any reduction, under section 29A of the Representation of the People Act 1983, in the amount to which the RO or ARO is entitled for his/her services; (v) it will not cover any penalty imposed in relation to a criminal offence; (vi) it will not cover any claim relating to the carrying out of electoral registration duties; and (vii) it will not cover any claim relating to the use of a motor vehicle where such use should have been covered by a valid insurance policy but was not. The indemnity will cover costs arising in relation to UK Parliamentary elections, including by-elections, where the date of the poll is on or before 31 March 2020. Any claim must be made within 13 months of the poll at the election to which it relates. The Government gave similar indemnities in relation to previous UK Parliamentary general elections. The likelihood of the indemnity being called is very low. The volume of claims which have been made at previous national elections has been very low. So far there have been no claims against the indemnity given in respect of the recent European Parliamentary elections on 22 May 2014. The largest claim met under previous government insurance or indemnity arrangements for a national election was £24,035.75 at the 2009 European Parliamentary election. Minor injury and damage claims Page 3 met under government insurance or indemnity arrangements at national elections have amounted to less than £10,000 over the last decade. However, the possibility of a successful claim in the future cannot be ruled out. The potential risk associated with election petitions could be significant. For example, the costs for the Winchester election petition in 1997, following the general election of that year, amounted to £250,000. If a petition involving an ARO or RO went to a full trial and ran for several days it is conceivable that the bill for legal costs could run into millions of pounds. It is also conceivable that there could be more than one occurrence associated with a single election. The costs of an election petition might not be completely covered through existing insurance arrangements and may require the indemnity to be called upon. The indemnity is therefore unlimited. If the liability is called, provision for any payment is likely to be met from the Consolidated Fund. The Treasury has approved the proposal in principle. If, during the period of fourteen parliamentary sitting days beginning on the date on which this Minute was laid before Parliament (or, if there are fewer than fourteen such sitting days in this Parliament, the period ending with the last sitting day in this Parliament), a Member signifies an objection by giving notice of a Parliamentary Question or by otherwise raising the matter in Parliament, final approval to proceed with incurring the liability will be withheld pending an examination of the objection. UK Statistics Authority (2011 Census) [HLWS314] Lord Wallace of Saltaire: My Right Honourable friend the Minister for the Cabinet Office and Paymaster General (Francis Maude) has made the following Written Ministerial Statement: The UK Statistics Authority has published the General Report of the 2011 Census. The General Report is the official, and comprehensive, account of the 2011 Census in England and Wales. It reviews the entire census operation and provides a wealth of detail about how the census was carried out and what lessons have been learned. It is aimed at both the experienced and occasional user of census data, but it is hoped the wider public may also find the Report useful and informative. This General Report is being laid before both Houses of Parliament pursuant to the Census Act 1920. Page 4 4 March 2015 Housing Ombudsman Service Written Answers Wednesday, 4 March 2015 Banks: Finance Asked by Lord Mendelsohn To ask Her Majesty’s Government at what level the average leverage ratio becomes of concern to Ministers; and whether they use the 6.2 average in the first quarter of 2007 as a benchmark for risk in the banking sector. [HL5095] Lord Deighton: The Government is bringing forward secondary legislation to grant the Financial Policy Committee (FPC) of the independent Bank of England new powers of direction with regards to a leverage ratio framework. Macro-prudential decisions must be insulated from political concerns, which is why the FPC has responsibility for macro-prudential regulation. It is for the FPC to decide what the appropriate calibration of its leverage ratio framework is. Budgets: Scotland Asked by The Marquess of Lothian To ask Her Majesty’s Government, in the light of current proposals for further devolution to Scotland, what parts of the budget statement they will regard as being exclusively of Scottish interest. [HL5186] Lord Deighton: The Budget is relevant to the whole of the United Kingdom. Specific policy announcements in the Budget may be limited in their application in Northern Ireland, Scotland and Wales, if they relate to policy responsibilities which have been devolved. The next Budget will be presented to Parliament on Wednesday the 18 th of March. Child Trust Fund Asked by Lord Naseby To ask Her Majesty’s Government whether they expect to issue the detailed guidance to parents and guardians concerning the transfer of Child Trust Fund Accounts to Junior ISAs. [HL5148] Lord Deighton: The Government is currently legislating to permit the transfer of funds from a Child Trust Fund to a Junior ISA from 6 April. Parents and guardians will be able to access information concerning transfers at GOV.UK, as well as from account providers and consumer advice websites and organisations in due course. Written Answers Asked by Baroness King of Bow To ask Her Majesty’s Government how many complaints the Housing Ombudsman Service has dealt with in each of the past four years; and how many of those were upheld or refused in each year. [HL5060] Lord Ahmad of Wimbledon: It has been a number years since the Housing Ombudsman Service had a system where complaints where upheld or refused. The terms of reference for the Housing Ombudsman Service were changed on the 1 April 2013 to reflect the Localism Act 2011 and in preparation for this the Housing Ombudsman Service changed the dispute handling process, which now focuses on local and early resolution. The table below shows the data from 2011 to the 31 March 2013, categorised as follows: 2011 2012 January to March 2013 Number of Complaints Received 5,739 6,757 1,675 Number of Complaints Investigated Formally 641 577 77 Maladministration 147 123 10 No Maladministration 371 316 44 The table below shows the data from 1 April 2013 to December 2014, categorised as follows: April to December 2013 2014 Cases Received 4,619 7,688 Cases Locally Resolved 4,395 7,604 Of the Cases Locally Resolved, number of complaints resolved locally 5,429 8,017 Cases Formally Resolved 224 84 Of the Cases Formally Resolved, number of complaints resolved locally 231 79 Of the Cases Formally Resolved, number of complaints resolved formally 211 49 Written Answers 4 March 2015 April to December 2013 2014 Page 5 Relief/exemption title Dispositions allowable for income tax Dispositions for benefit of employees Of the Cases Formally Resolved, where the complaint was resolved at a formal level, the number of complaints that were maladministration 119 Of the Cases Formally Resolved, where the complaint was resolved at a formal level, the number of complaints that were no maladministration 91 21 Dispositions for maintenance of family Dispositions in respect of pension benefits Dispositions in respect of pensions Dispositions not intended to provide gratuitous benefit 25 Double charges relief Double taxation agreements Employee-ownership trusts Estate duty on gifts to the nation Inheritance Tax Asked by Lord Campbell-Savours To ask Her Majesty’s Government whether they will list all the exemptions from inheritance tax. [HL5197] Lord Deighton: A full list of all inheritance tax reliefs and exemptions was published by the Office of Tax Simplification as part of their review into tax reliefs [1] . The list is as follows: Relief/exemption title A&M trusts, Bereaved Minor Trusts, 18-25 Trusts, Pre-78 Protective Trusts, Pre-81 Disabled Trusts and Employee Benefit Trusts Acceptance in Lieu Agricultural property relief Estate duty transitional Excluded property Exclusion of benefit reserved by donor Expenses occurred abroad Failed PETs gifted for national purposes Fall in value relief for transfers within 7 years of death Foreign armed forces pay and moveable property Foreign currency accounts Foreign-owned works of art Funeral expenses Gifts for national purposes Gifts of land to housing associations Allowance for other tax liabilities Alternatively secured pension funds - deferral of charge Gifts on marriage and civil partnership Gifts to charities Annual exempt amount (£3,000) Gifts to political parties Armed forces - death in service Government savings of persons domiciled in the Channel Islands or the Isle of Man Armed forces - medals and decorations for gallantry or valour Business property relief Cash options under approved annuity schemes Changes to the deceased's estate Charge on participators in close companies Chevening Estate & Apsley House Government securities owned by non-United Kingdom domiciled persons Grant of agricultural tenancy Heritage maintenance funds Land in habitat schemes Leftover alternatively secured pension funds paid to charity Life tenant becoming entitled to settled property Co-morientes (simultaneous deaths) Lloyd’s premium trusts Compensation paid to Nazi victims Loss on sale relief (buildings) Conditional exemption Loss on sale relief (shares) Conditional exemption and relevant property trusts Newspaper and employee trusts Corporation sole Nil rate band for chargeable transfers not exceeding the threshold (£325,000) Page 6 4 March 2015 Relief/exemption title No gratuitous benefit and grants of agricultural tenancy (temporary charitable trusts) Normal gifts out of income Open ended investment companies and authorised unit trusts Overseas pensions Payment of income Payment of income (temporary charitable trusts) Pension schemes Potentially exempt transfers Private treaty sales Property held on trust for bereaved minors or person aged 18-25 Quick succession relief Reduced rate of tax for relevant property charges Reduced rate of tax for temporary charitable trusts charges Registered pension schemes trust charges Reversionary interests Reverter to settlor Reverter to settlor's spouse Scottish agricultural leases Small gifts exemption Spouse / civil partner relief Taper relief Trade or professional compensation funds Transfer to employee trusts Transferable nil rate band Trust property becomes excluded property Trust property distributed in first quarter of the year Trustees costs and expenses Trustees costs and expenses (temporary charitable trusts) Trustees costs, payment of income, no gratuitous benefit, grants of agricultural tenancy and reduced rate of charge for A&M trusts, Bereaved Minor Trusts, 18-25 Trusts, Newspaper and Employee Trusts, Pre'78 Protective Trusts & Pre 81 Disabled Trusts Trusts with vulnerable beneficiaries - annual limit Written Answers [1] The OTS report and full list of reliefs, allowances and exemptions is available at https://www.gov.uk/government/publications/tax-reliefsreview Asked by Lord Campbell-Savours To ask Her Majesty’s Government whether they will list all classes of assets which are subject to relief from inheritance tax. [HL5198] Lord Deighton: The classes of assets which qualify for inheritance tax reliefs are as follows: For business relief – a business or interest in a business, shares in an unlisted company, shares controlling more than 50% of the voting rights in a listed company, land, buildings or machinery owned by the deceased and used in a business they were a partner in or controlled, land, buildings or machinery used in the business and held in a trust that it has the right to benefit from. For agricultural relief – land or pasture that is used to grow crops or to rear animals, growing crops, stud farms for breeding and raising horses and grazing, trees that are planted and harvested at least every 10 years, land not currently being farmed under the Habitat Scheme or a crop rotation scheme, the value of milk quota associated with the land, some agricultural shares and securities, farm buildings, farm cottages and farmhouses. For woodlands relief – the value of timber in a woodland Further details about inheritance tax reliefs can be found on the Gov.uk website.[1] [1] https://www.gov.uk/inheritance-tax/inheritance-taxreliefs Asked by Lord Campbell-Savours To ask Her Majesty’s Government what estimate they have made of the effect on receipts to the Exchequer of the abolition of inheritance tax and the taxing of recipients of inherited wealth at the recipients' marginal rate of tax. [HL5199] Lord Deighton: The information requested is not available. Unilateral double taxation relief Voidable transfers Waiver of dividends Waiver of remuneration Woodland relief Japan Tobacco: Ballymena Asked by Lord Empey To ask Her Majesty’s Government whether they intend to support the designation of the JTI Gallaher factory site and surrounding area in Ballymena, County Antrim as an Enterprise Zone with enhanced capital Written Answers 4 March 2015 Page 7 allowances, following the company’s decision to cease operations. [HL5232] so, what assessment they have made of the package of financial support offered to Ukraine to date. [HL5093] Baroness Randerson: The economic pact, Building a Prosperous and United Community, set out that the Government would be willing to consider designating sites within Northern Ireland as locations with access to enhanced capital allowances should the Executive propose them and subject to affordability. Lord Deighton: The Ukrainian authorities have been in direct negotiations with the International Monetary Fund (IMF) to agree a new package for financial assistance. The IMF will present its proposals for financial assistance for Ukraine to its Executive Board in the coming weeks, which the Government will consider as part of the normal process of decision-making on IMF lending. As I noted in my Written Answer to HL4697, the Government strongly supports providing financial assistance to Ukraine from the European Union and the International Monetary Fund, accompanied by appropriate policy conditionality. Judaism Asked by Baroness Tonge To ask Her Majesty’s Government, further to the Written Answer by Lord Ahmad of Wimbledon on 10 February (HL4418), whether they intend to ask Jewish faith leaders in the United Kingdom to make clear the ideals of Judaism in respect of religious extremism. [HL5113] Lord Ahmad of Wimbledon: Her Majesty's Government expects all faiths' leaders to robustly challenge extremism in all its forms, wherever they find it. Loans Asked by Lord Mendelsohn To ask Her Majesty’s Government what guidance they have given to the Bank of England in bringing forward curbs on leveraged lending. [HL5094] Lord Deighton: On 26 November 2013, the Chancellor requested that the Financial Policy Committee (FPC) undertake a review of the leverage ratio and its role in the regulatory framework. Treasury officials were consulted on the terms of reference for the review. The terms of reference were made publicly available on the Bank of England’s website. On 31 October 2014, following almost a year of work and extensive consultation with stakeholders, the FPC published its response, the Review of the leverage ratio. The Review recommended that the FPC be given new powers of direction over the leverage ratio framework for the UK banking sector. The Government has brought forward a statutory instrument to grant the FPC these powers. Loans: Ukraine Asked by The Earl of Sandwich To ask Her Majesty’s Government, further to the Written Answer by Lord Deighton on 17 February (HL4697), whether United Kingdom government ministers have been involved in financial negotiations (1) between the government of Ukraine and the European Union, and (2) between the government of Ukraine and the International Monetary Fund; and, if Lords Spiritual (Women) Bill Asked by Lord Trefgarne To ask Her Majesty’s Government on what basis they consider that the provisions of the Lords Spiritual (Women) Bill comply with the terms of the European Convention on Human Rights, given the impact of the bill on male diocesan bishops. [HL5062] Lord Faulks: The Bill is fully compliant with the European Convention on Human Rights. Both Strasbourg and domestic case law has established that the right to participate in the work of the House of Lords does not engage the Articles of the Convention. Manure Asked by Baroness Tonge To ask Her Majesty’s Government what is their assessment of the purposes of the European Union Directive on the nitrogen content of manure used in agriculture. [HL5237] Lord De Mauley: European Directive 91/676/EEC seeks to protect water from pollution by nitrates from agricultural sources. Some types of manure contain up to 30kg of nitrogen per tonne of manure. Nitrogen from manure can leach from soil in the form of nitrates and can pollute our water bodies, affecting the quality of our drinking water. Agriculture accounts for 50-60% of nitrate pollution in our waters. We therefore believe that it is important that it is controlled and that the objective of the European Directive in restricting the land application of manure is sound. However, we recognise that such restrictions can affect farm productivity and competitiveness. While the Directive gives a steer to Member States over the types of measure to be adopted, it does allow a certain amount of discretion over the exact nature of the rules. We have therefore adopted rules that take account of agricultural practices in this country and are as cost effective as possible, supporting agriculture as well as protecting the environment. In the longer term, we believe nitrate pollution would be better managed through the more integrated approach to water pollution adopted in the EU Water Framework Directive (2000/60/EC). Page 8 4 March 2015 Non-domestic Rates Asked by Lord Tope To ask Her Majesty’s Government how many businesses have received assistance through the small business rate relief scheme. [HL5119] Lord Ahmad of Wimbledon: Approximately 600,000 businesses are benefitting from Small Business Rate Relief with approximately 400,000 paying no rates at all. Measures in the Localism Act made it easier for small firms to claim the business rate relief to which they are entitled. We announced at the 2014 Autumn Statement an extra £650 million of support for 2015-16 business rates bills in England, bringing the total support from 2013 and 2014 Autumn Statement measures to £1.4 billion in 201516. That includes amongst other things: • the doubling Small Business Rate Relief for a further year (2015-16); • increasing the temporary discount for shops, pubs and restaurants with rateable values below £50,000 from £1,000 to £1,500 for 2015-16; We have also given authorities powers to grant their own local discounts and we now fund 50% of any local discount granted. We also announced at Autumn Statement that we will review the future structure of business rates. The review will report by Budget 2016. Personal Independence Payment Asked by Baroness King of Bow To ask Her Majesty’s Government in relation to how many of the 441,900 Personal Independence Payment claims cleared by the Department of Work and Pensions between April 2013 and December 2014 an application for mandatory reconsideration was made; of those, how many initial decisions were overturned; of those in which mandatory reconsideration was unsuccessful how many appeals to the Social Security and Child Support Tribunal were made; and of those how many appeals were successful. [HL5061] Lord Freud: The information requested on mandatory reconsiderations is not currently available. The Department is working to guidelines set by the UK Statistics Authority to ensure we are able to publish statistics that meet high quality standards at the earliest opportunity. We intend to publish official statistics on mandatory reconsideration relating to Personal Independence Payment when they are ready. The release of information will be pre-announced in line with United Kingdom Statistics Authority release protocols. Ministry of Justice (MoJ) statistics on appeals to the Social Security and Child Support Tribunal published in December 2014 showed that between July and September 2014 there were 796 Personal Independence Payment appeals cleared at Hearing, of which 339 (43%) were revised in the appellant’s favour. The MoJ statistics are Written Answers available here: https://www.gov.uk/government/statistics/tribunals-andgender-recognition-certificate-statistics-quarterly-july-toseptember-2014 Planning Permission Asked by Lord Tope To ask Her Majesty’s Government whether they expect to make betting shops and payday loan shops into a separate planning use class; and if so, when. [HL5121] Lord Ahmad of Wimbledon: We have consulted on a range of planning measures to support our high streets, including requiring a planning application for the change of use to a betting shop or pay day loan shop. An announcement on the outcome of the Technical consultation on planning will be made in due course. Private Education: Vetting Asked by Lord Lexden To ask Her Majesty’s Government what arrangements they are making to ensure that independent schools are in a position to comply with their statutory responsibilities to check that staff are not prohibited from involvement in the management of an independent school. [HL5245] Lord Nash: The Department for Education is in discussion with the Disclosure and Barring Service about ways in which schools can do this with the minimum additional burden, and it is hoped that a process will be in place soon. At present no barring directions have been made under the regulations made in 2014 under section 128 of the Education and Skills Act 2008. Asked by Lord Lexden To ask Her Majesty’s Government what steps they are taking to ensure that independent schools are not found to be in breach of statutory regulations as a result of the introduction of retrospective prohibition checks on teaching staff. [HL5247] Lord Nash: From 5 January 2015, the independent school standards require that schools check both existing and new teaching staff to determine whether a prohibition order or interim prohibition made by the Secretary of State exists for any member of their teaching staff. The checks are only retrospective in the sense that schools must confirm that existing staff, as well as new appointments, are not subject to a prohibition order. The prohibition order regime began in April 2012, and the standard does not distinguish between staff appointed before or after 5 January 2015, so existing staff should be checked too. We believe that this is entirely justified. The teacher standards which form the basis of the prohibition regime apply to independent schools, and it would be invidious if a school was able to continue employing a prohibited member of staff simply because he or she was Written Answers 4 March 2015 Page 9 appointed before 2015. When a school is inspected, it should be able to demonstrate that it has either completed these checks (which can be done through the National College’s Easy Access system) or is well on the way to completion. If a school cannot do so, regulatory action is likely to follow. parents are not married, domicile passes through the maternal line. The Government has no current plans to change the rules on domicile as they apply for tax purposes but the Chancellor keeps all taxes under review to a Budget timetable. Taxation: Domicil Terrorism: Northern Ireland Asked by Lord Myners Asked by Lord Laird To ask Her Majesty’s Government how many taxpayers designated as non-domiciled in the United Kingdom owe that status to inheritance as a result of a parent or grandparent having been born outside the United Kingdom; and whether they have estimated the value of the United Kingdom tax forgone by that category of non-domiciled persons. [HL5072] Lord Deighton: The information requested is not available. Asked by Lord Myners To ask Her Majesty’s Government whether they will consider allowing non-domicile tax status to pass through maternal inheritance rather than paternal inheritance alone or whether they will consider discontinuing inheritance as a qualifying condition for non-domicile tax status. [HL5076] Lord Deighton: Domicile is a question of common law rather than tax law. In England domicile passes through the paternal line where parents are married. Where the To ask Her Majesty’s Government, further to the Written Answer by Baroness Randerson on 24 February (HL4928) concerning the "on the runs", on what date, how and by whom loyalists were notified of the scheme; and if they were not notified, how they were expected to take part in the process. [HL5271] Baroness Randerson: Chapter 8 of the Hallett Report sets out the extent of public knowledge of the administrative scheme, and Appendix 9 provides a selection of the most pertinent references to the administrative scheme in the public domain. Asked by Lord Laird To ask Her Majesty’s Government on what date the report of the Hallett review into the "on the runs" scheme was made public; and on what date the scheme started. [HL5272] Baroness Randerson: The Hallett Report was published on 17 July 2014. Chapter 4 of the Hallett Report describes the evolution of the administrative scheme. Index to Statements and Answers Written Statements................................................. 1 Concessionary Coal .............................................. 1 Energy Council ..................................................... 1 Infrastructure ........................................................ 1 Queen Elizabeth II Conference Centre ................. 2 Returning Officers (Indemnity) ............................ 2 UK Statistics Authority (2011 Census.................. 3 Written Answers ..................................................... 4 Banks: Finance ..................................................... 4 Budgets: Scotland ................................................. 4 Child Trust Fund .................................................. 4 Housing Ombudsman Service .............................. 4 Inheritance Tax ..................................................... 5 Japan Tobacco: Ballymena ................................... 6 Judaism ................................................................. 7 Loans .................................................................... 7 Loans: Ukraine ..................................................... 7 Lords Spiritual (Women) Bill ............................... 7 Manure.................................................................. 7 Non-domestic Rates.............................................. 8 Personal Independence Payment .......................... 8 Planning Permission ............................................. 8 Private Education: Vetting ................................... 8 Taxation: Domicil................................................. 9 Terrorism: Northern Ireland ................................. 9
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