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  • Baroness Hayter of Kentish Town – 2016 Parliamentary Question to the Department for Transport

    Baroness Hayter of Kentish Town – 2016 Parliamentary Question to the Department for Transport

    The below Parliamentary question was asked by Baroness Hayter of Kentish Town on 2016-10-21.

    To ask Her Majesty’s Government what assessment they have made of Department for Transport figures showing a rise in the number of drivers failing a breath test.

    Lord Ahmad of Wimbledon

    Our assessment of Home Office figures on breath tests is that the proportion of drivers providing a positive or refused to provide a sample over recent years has remained constant, with only a slight rise in 2014 to 11% compared to 10.5% in 2013. By contrast, it was 20% in 2003.

    With Malta due to change their drink drive limit, all other European countries will have a lower alcohol limit, but they do not necessarily have a better record on reducing drink drive casualties. The TRL Report ‘PPR 796’ prepared for the Parliamentary Advisory Committee on Transport Safety (PACTS) shows that Britain, rather than having a higher level of road casualties in collisions involving alcohol than other European countries, has a comparable level despite the higher limit. Harmonisation with other countries’ limits is not a reason on its own for lowering the limit.

    We therefore have no plans to lower the drink drive limit in England and Wales. Our approach in tackling drink driving is through rigorous enforcement, tough penalties, and changing the social acceptability of drink driving – including through our award-winning THINK! campaigns.

  • Baroness Hayter of Kentish Town – 2016 Parliamentary Question to the Department for Transport

    Baroness Hayter of Kentish Town – 2016 Parliamentary Question to the Department for Transport

    The below Parliamentary question was asked by Baroness Hayter of Kentish Town on 2016-10-21.

    To ask Her Majesty’s Government what was the percentage of drivers or riders involved in a road accident who were given a breath test, for each of the last five years; and what assessment they have made of the change, if any, in that percentage.

    Lord Ahmad of Wimbledon

    A significant majority of road accidents are damage-only incidents where all participants exchange insurance and contact details. In line with s170 of the Road Traffic Act there is no requirement to report these incidents to the police and, unless there is a specific need for it, the police will not attend the scene. In these cases no breath tests are carried out and the accident is not recorded.

    As a result, it is impossible to state what percentage of drivers involved in all accidents are given a breath test as the total number of drivers involved in accidents is unknown.

  • Baroness Hayter of Kentish Town – 2016 Parliamentary Question to the Department for Transport

    Baroness Hayter of Kentish Town – 2016 Parliamentary Question to the Department for Transport

    The below Parliamentary question was asked by Baroness Hayter of Kentish Town on 2016-10-21.

    To ask Her Majesty’s Government whether they have reviewed (1) the drink driving limits across Europe, and (2) the proposed changes to the limit in Malta; and what assessment they have made of the limit in England and Wales in the light of those limits.

    Lord Ahmad of Wimbledon

    Our assessment of Home Office figures on breath tests is that the proportion of drivers providing a positive or refused to provide a sample over recent years has remained constant, with only a slight rise in 2014 to 11% compared to 10.5% in 2013. By contrast, it was 20% in 2003.

    With Malta due to change their drink drive limit, all other European countries will have a lower alcohol limit, but they do not necessarily have a better record on reducing drink drive casualties. The TRL Report ‘PPR 796’ prepared for the Parliamentary Advisory Committee on Transport Safety (PACTS) shows that Britain, rather than having a higher level of road casualties in collisions involving alcohol than other European countries, has a comparable level despite the higher limit. Harmonisation with other countries’ limits is not a reason on its own for lowering the limit.

    We therefore have no plans to lower the drink drive limit in England and Wales. Our approach in tackling drink driving is through rigorous enforcement, tough penalties, and changing the social acceptability of drink driving – including through our award-winning THINK! campaigns.

  • Lord Hunt of Kings Heath – 2016 Parliamentary Question to the Department of Health

    Lord Hunt of Kings Heath – 2016 Parliamentary Question to the Department of Health

    The below Parliamentary question was asked by Lord Hunt of Kings Heath on 2016-10-21.

    To ask Her Majesty’s Government what assessment they have made of the Age UK report on self-funders in care homes published on 20 October showing that self-funded care home patients are in effect subsidising local authority funded patients.

    Lord Prior of Brampton

    Care and support is arranged on an open market where prices and fee rates are negotiated locally by commissioners for state funded clients, whilst individuals and their families do so for those who self-fund. The Government has no say in these individual negotiations.

    Under the Care Act, councils are under a duty to promote their overall local provider market to ensure it remains sustainable and delivers high-quality services for all local people. Prices and fee rates paid by commissioners to provider organisations must reflect these new duties.

    The Department published the Care and Support statutory guidance setting out how councils should meet these new duties when commissioning, including the consideration of the actual costs of care and support when negotiating fee levels. This guidance is an online-only resource, subject to updates.

    The Department is aware of the Age UK report Behind the headlines: ‘stuck in the middle’ – self-funders in care homes. There are many reasons why individuals who self-fund may pay more than local authorities, including premium accommodation and services, and discounts that may be available to authorities for bulk purchasing and lower transaction costs.

    The Government has no plans to ask the competition authorities or the Care Quality Commission to review the Age UK report, though we maintain a continuing dialogue across government and with the sector to encourage good practice and fairness to consumers.

  • Lord Hunt of Kings Heath – 2016 Parliamentary Question to the Department of Health

    Lord Hunt of Kings Heath – 2016 Parliamentary Question to the Department of Health

    The below Parliamentary question was asked by Lord Hunt of Kings Heath on 2016-10-21.

    To ask Her Majesty’s Government whether they plan to ask the competition authorities and the Care Quality Commission to review the Age UK report on self-funders in care homes published on 20 October.

    Lord Prior of Brampton

    Care and support is arranged on an open market where prices and fee rates are negotiated locally by commissioners for state funded clients, whilst individuals and their families do so for those who self-fund. The Government has no say in these individual negotiations.

    Under the Care Act, councils are under a duty to promote their overall local provider market to ensure it remains sustainable and delivers high-quality services for all local people. Prices and fee rates paid by commissioners to provider organisations must reflect these new duties.

    The Department published the Care and Support statutory guidance setting out how councils should meet these new duties when commissioning, including the consideration of the actual costs of care and support when negotiating fee levels. This guidance is an online-only resource, subject to updates.

    The Department is aware of the Age UK report Behind the headlines: ‘stuck in the middle’ – self-funders in care homes. There are many reasons why individuals who self-fund may pay more than local authorities, including premium accommodation and services, and discounts that may be available to authorities for bulk purchasing and lower transaction costs.

    The Government has no plans to ask the competition authorities or the Care Quality Commission to review the Age UK report, though we maintain a continuing dialogue across government and with the sector to encourage good practice and fairness to consumers.

  • Lord Hunt of Kings Heath – 2016 Parliamentary Question to the Department of Health

    Lord Hunt of Kings Heath – 2016 Parliamentary Question to the Department of Health

    The below Parliamentary question was asked by Lord Hunt of Kings Heath on 2016-10-21.

    To ask Her Majesty’s Government what discussions they have had with NHS England over the proposed closure of the congenital heart disease service at the Royal Brompton and Harefield NHS Trust.

    Lord Prior of Brampton

    The national review of congenital heart disease services is an NHS England led review. Department officials regularly meet with NHS England colleagues to keep abreast of progress, and keep Ministers updated on the review.

    No final decisions have been made on the future of congenital heart disease services at the Royal Brompton and Harefield NHS Foundation Trust. NHS England will conduct a service change process in relation to the proposed changes at this and other trusts affected by the review’s proposals, before finally deciding on and implementing any change. This process will include full public consultation.

  • Lord Maginnis of Drumglass – 2016 Parliamentary Question to the Department for Education

    Lord Maginnis of Drumglass – 2016 Parliamentary Question to the Department for Education

    The below Parliamentary question was asked by Lord Maginnis of Drumglass on 2016-10-21.

    To ask Her Majesty’s Government what assessment they have made of the need for, and benefit to be derived from, the questionnaire issued by Brighton and Hove Council requesting information about children’s self-perception of their sexual orientation.

    Lord Nash

    These questions refer to an answer given by Viscount Younger of Leckie on 12 October 2016, and also link to previous questions asked by Lord Macginnis, and answered by Baroness Williams of Trafford in April 2016.

    As Baroness Williams set out in her previous reply, the Department for Education provides guidance on the Equality Act 2010 to schools which contains advice on the Public Sector Equality Duty and on the protected characteristic of gender reassignment.

    The Department is not responsible for the decision by Brighton and Hove Council to include gender identity information on the pupil registration form it issued in April 2016. The Council has the independence to make this decision. The Department has had no involvement and has not made any assessment of the questionnaire.

    The Department does not hold details of any additional information collected by local authorities outside of those required by the Department for our centrally specified, mandatory data collections. Brighton and Hove Council is responsible for securing answers and restricting access to information generated by any questionnaire it issues.

    The Department has not inquired into the gender identity of children in Brighton and Hove and has no correspondence on the matter.

  • Lord Maginnis of Drumglass – 2016 Parliamentary Question to the Department for Education

    Lord Maginnis of Drumglass – 2016 Parliamentary Question to the Department for Education

    The below Parliamentary question was asked by Lord Maginnis of Drumglass on 2016-10-21.

    To ask Her Majesty’s Government what guidance they have given to local authorities, in particular Brighton and Hove Council, concerning requests for information about children’s self-perception of their sexual orientation.

    Lord Nash

    The Department for Education do not require schools or local authorities to collect any information on the sexual orientation of children. Any information collected locally by schools and / or local authorities on sexual orientation for their own purposes is a matter for them to manage locally.

    The Department for Education has provided schools with guidance on complying with the Equality Act.

    The Public Sector Equality Duty, at section 149 of the Equality Act 2010, is a duty on public bodies (and others carrying out public functions) to consider, in their day to day work, the needs of people who share particular protected characteristics. This includes schools and children’s services.

    Under the Duty, public bodies must have due regard to the need to:

    • eliminate discrimination, harassment, victimisation and any other conducted that is prohibited under the Equality Act 2010
    • advance equality of opportunity, and;
    • foster good relations between people who share a relevant protected characteristic and those who do not.

    The Equality Duty covers the protected characteristics listed in the Equality Act, which includes age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

    Guidance on complying with the Act and the Equality Duty can be found on GOV.UK (under Equality Act 2010 guidance). Earlier guidance formed under the Coalition Government has been archived on the National Archives website (under the ‘Equality Bill’ guidance). The Equality and Human Rights Commission has also issued guidance on the Public Sector Equality Duty.

    Local authorities will also have to comply with the requirements of the Data Protection Act 1998 on the data they collect. The Information Commissioner’s Office state that data should only be collected if organisations have legitimate grounds for collecting and using the personal data; that they do not use the data in ways that have unjustified adverse effects on the individuals concerned; that they be transparent about how they intend to use the data, and give individuals appropriate privacy notices when collecting their personal data.

  • Lord Maginnis of Drumglass – 2016 Parliamentary Question to the Department for Education

    Lord Maginnis of Drumglass – 2016 Parliamentary Question to the Department for Education

    The below Parliamentary question was asked by Lord Maginnis of Drumglass on 2016-10-21.

    To ask Her Majesty’s Government whether they are planning to restrict the ability of local authorities to request information about children’s self-perception of their sexual orientation.

    Lord Nash

    The Department for Education do not require schools or local authorities to collect any information on the sexual orientation of children. Any information collected locally by schools and / or local authorities on sexual orientation for their own purposes is a matter for them to manage locally.

    The Department for Education has provided schools with guidance on complying with the Equality Act.

    The Public Sector Equality Duty, at section 149 of the Equality Act 2010, is a duty on public bodies (and others carrying out public functions) to consider, in their day to day work, the needs of people who share particular protected characteristics. This includes schools and children’s services.

    Under the Duty, public bodies must have due regard to the need to:

    • eliminate discrimination, harassment, victimisation and any other conducted that is prohibited under the Equality Act 2010
    • advance equality of opportunity, and;
    • foster good relations between people who share a relevant protected characteristic and those who do not.

    The Equality Duty covers the protected characteristics listed in the Equality Act, which includes age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

    Guidance on complying with the Act and the Equality Duty can be found on GOV.UK (under Equality Act 2010 guidance). Earlier guidance formed under the Coalition Government has been archived on the National Archives website (under the ‘Equality Bill’ guidance). The Equality and Human Rights Commission has also issued guidance on the Public Sector Equality Duty.

    Local authorities will also have to comply with the requirements of the Data Protection Act 1998 on the data they collect. The Information Commissioner’s Office state that data should only be collected if organisations have legitimate grounds for collecting and using the personal data; that they do not use the data in ways that have unjustified adverse effects on the individuals concerned; that they be transparent about how they intend to use the data, and give individuals appropriate privacy notices when collecting their personal data.

  • Lord Morris of Aberavon – 2016 Parliamentary Question to the Home Office

    Lord Morris of Aberavon – 2016 Parliamentary Question to the Home Office

    The below Parliamentary question was asked by Lord Morris of Aberavon on 2016-10-21.

    To ask Her Majesty’s Government, further to the response by Baroness Williams of Trafford on 17 October (HL Deb, col 2164), what is meant by the word formally, what other concerns were raised, what exactly the Home Secretary and Permanent Secretary of the Home Office were told, and whether they will publish the full record of their exchange with officials at the level of Assistant Secretary or equivalent and above.

    Baroness Williams of Trafford

    The Home Secretary and the Permanent Secretary set out the position on the floor of the House and to the Home Affairs Select Committee on 17 and 18 October respectively.