Written Statements

Tuesday 8th April 2014 Written Statements

Tuesday 8 April 2014

UK Coal

Tuesday 8th April 2014 Written Statements

[The Minister of State, Department for Business, Innovation and Skills (Michael Fallon)]

UK Coal is seeking investment, from various parties including the Government, to fund a managed run-down of its two remaining operational deep mines.

The future of UK Coal is primarily a commercial matter for the company. The Government are considering whether they can contribute to the private sector-led proposals, which aim to deliver a managed closure of the Thoresby and Kellingley deep mines.

I hope to be in a position to update the House on the outcome of these negotiations within the next 48 hours.

Returning Officers Indemnity Arrangements (European Parliamentary Elections)

Tuesday 8th April 2014 Written Statements

[The Minister of State, Cabinet Office (Greg Clark)]

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 explain the circumstances; and to refrain from incurring the liability until 14 parliamentary sitting days after the issue of the minute, except in cases of special urgency.

This minute sets out the Cabinet Office proposal to indemnify returning officers and local returning officers in the forthcoming European parliamentary elections against uninsured claims that arise out of the conduct of their duties. We will also provide a certificate confirming that we will bear any employee liabilities of the returning officer or local returning officer which would otherwise be covered by insurance procured under the Employers’ Liability (Compulsory Insurance) Act 1969. Indemnities were previously provided by the Home Office in 2012 at the police and crime commissioners elections and—in more limited form—by the Ministry of Justice for the 2010 UK parliamentary general election and the 2009 European parliamentary elections.

European parliamentary elections will be held on 22 May 2014.

Returning officers and local returning officers are independent officers appointed by statute—see section 6 of the European Parliamentary Elections Act 2002, the European Parliamentary Elections (Returning Officers) Order 2013 and the European Parliamentary Elections Regulations 2004—and are separate from both central and local government. As such, they are personally liable for the conduct of the European parliamentary elections. They are therefore exposed, as a result, to a variety of legal risks and potential challenges. Existing insurance that covers returning officers and local returning officers in taking forward their statutory duties at local elections will not, in most cases, cover them in these elections.

In the light of this, Cabinet Office proposes to provide returning officers and local returning officers with a specific indemnity, where existing insurance coverage will not apply. We will also certificate returning officers and local returning officers under the Employers’ Liability (Compulsory Insurance) Regulations 1998 in respect of any liability to their employees.

Besides the elections on 22 May 2014, we also wish to cover liabilities incurred in any subsequent European parliamentary by-elections. Therefore this indemnity is expected to run until the day before the poll at the next European parliamentary elections for all Members of the European Parliament in 2019.

The precise level of the legal risk covered by this indemnity and likelihood of it arising are difficult to quantify. However, the level and value of claims arising in recent UK parliamentary general and European parliamentary elections has been very low. In the last 10 years the largest claim met under previous insurance and top-up indemnity arrangements for a national election was £24,035.75 at the 2009 European parliamentary election. Minor injury and damage claims met at national elections have amounted to less than £10,000 over the last decade.

However, it is not possible to rule out a more significant claim in future. If an election petition involving a returning officer or local returning officer went to full trial and ran for several days it is conceivable that the bill for legal costs could run into many £100,000s or more. It is also conceivable that there could be more than one occurrence associated with an election. This has, however, not happened in the recent past with other elections and is considered an extremely remote possibility.

The indemnity is therefore unlimited save for particular exclusions. It will provide returning officers and local returning officers with cover for:

Amounts excluded by the excess or that exceed the upper limits on any existing insurance policies held by returning officers or local returning officers, or local authorities on their behalf, that will provide coverage;

Any reasonable costs resulting from their liabilities to the public, as an employer and in their professional role.

The indemnity will have the following exclusions:

It will not cover any costs which arise in whole or in part from any deliberate or wilful negligence by a returning officer or local returning officer;

It will not cover situations where an existing insurance policy offers an alternative means of cover;

It will not cover any claim relating to the acts or omissions of a returning or local returning officer in carrying out registration duties;

It will not cover any claim relating to the use of a motor vehicle where such use does not relate to the conduct of the elections and/or should have been covered by a valid insurance policy but was not.

If the liability is called, provision for any payment will be sought from the Consolidated Fund. The Treasury has approved the proposal in principle.

I am aware that departmental minutes normally allow 14 parliamentary sitting days after the minute is laid for Members to scrutinise and object to the proposal if they wish. However, in this case there is special urgency as the elections will take place in less than two months. As returning officers are already preparing for these elections and need to continue to do so confident that they are covered in respect of those actions, the indemnity needs to commence immediately and cover retrospective claims, such as those arising from advice they may have already given.

Although in this case Members have not had the normal scrutiny period, given the urgency of the situation, I trust Members will understand that it was necessary to provide this indemnity to returning officers simultaneously with notifying Parliament.

This indemnity does not apply to the returning officer for Northern Ireland or the local returning officer for Gibraltar, who are indemnified or insured through separate arrangements.

Burma

Tuesday 8th April 2014 Written Statements

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

I am making a joint statement with my right hon. Friend the Minister of State for International Development. Together we wish to inform the House that the Government are today publishing a summary of the UK’s activities in Burma.

The last three years in Burma have seen remarkable change. Burma is undertaking a complex transition: from an authoritarian military regime to democratic Government; from a centrally directed to a market oriented economy; and from decades of conflict to peace in the border areas.

British engagement has grown rapidly since Burma embarked on its path of reform. The Foreign and Commonwealth Office, the Department for International Development (DFID), UK Trade and Investment (UKTI), the Ministry of Defence (MOD) and the British Council are all now established and active in Rangoon. We work closely with the Burmese authorities, Aung San Suu Kyi and the opposition, civil society, businesses and communities to encourage a stable, democratic and prosperous Burma and to urge Burma to play a constructive role in the international community.

My visit to Burma from 28 to 30 January 2014 was an opportunity to see the positive developments since my first trip in 2012, and to urge progress on the many challenges which remain. In meetings with Government Ministers, the military, Aung San Suu Kyi, ethnic and community leaders, I underlined the UK’s commitment to supporting further reform, not least to address the many outstanding human rights concerns. As I made it clear in a speech at the British Council in Rangoon, 2014 will be a critical year for Burma—particularly for the prospects of constitutional reform and the peace process, both of which will be vital to Burma’s future. I also emphasised that Burma must take concerted action to tackle the humanitarian situation and the continuing inter-communal tensions, including those affecting the Rohingya community in Rakhine state in particular.

DFED has recently allocated an additional £5.8 million of humanitarian funding to help meet the emergency needs of both communities in Rakhine state, bringing the UK’s total allocation for emergency humanitarian work there to £12 million since 2012. In 2014, DFID has also allocated a further £8 million of assistance to Burma’s peace process.

We know there is considerable parliamentary interest and expertise in Burma, given the deep and historic links between our two countries. Today, therefore, the Government publish a summary of the UK’s activities in Burma, to set out as clearly as possible our main activities there. I will place a copy of this document in the Library of the House. It is also available on the gov.uk website.

Our main activities in Burma focus on democracy and human rights, tackling inter-communal tensions, peace-building, development, trade and investment, and wider international co-operation. They are carefully calibrated to ensure transparency, value for money and a balanced approach: our aim is to support reformers in Burma, while pressing for further progress on issues of continuing concern. The summary makes clear the strength and breadth of our commitment to this. The UK remains determined to play its part in Burma’s transition, to the benefit of all Burma’s people, its neighbours, and the wider international community.

Guardianship of Property and Affairs of Missing Persons

Tuesday 8th April 2014 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)]

My right hon. Friend, the Minister for Justice, Lord Faulks, has made the following statement:

On 17 December 2013 the Under-Secretary of State for Justice, my hon. Friend the Member for North West Cambridgeshire (Mr Vara), issued a written ministerial statement—Official Report, column 92WS—announcing that work was progressing on a consultation paper on the possible creation of a status of guardian of the property and affairs of missing persons and that he would make a further statement in relation to the publication of the paper before the Easter recess.



The Government are committed to helping people who are put into the awful position of losing a loved one who has gone missing. I am today confirming that my Department is continuing to work with the charity Missing People and its pro bono lawyers Clifford Chance LLP to prepare the consultation paper and intend to publish it as soon as possible and in any event by the end of August.

State Opening of Parliament

Tuesday 8th April 2014 Written Statements

[The Leader of the House of Commons (Mr Andrew Lansley)]

Her Majesty the Queen has been pleased to agree to open a new Session of Parliament on Wednesday 4 June instead of on Tuesday 3 June. The date will better facilitate arrangements for the ceremony and other events that week including the now planned G7 summit in Brussels, Belgium.

Interception of Communications Commissioner (Annual Report)

Tuesday 8th April 2014 Written Statements

[The Prime Minister (Mr David Cameron)]

I have today laid before both Houses copies of the 2013 annual report from the Interception of Communications Commissioner who is appointed by me to keep under review the compliance by public authorities with part 1 of the regulation of Investigatory Powers Act (RIPA) 2000.

The report provides an authoritative and clear explanation of the Commissioner’s responsibilities, the legislation and public authorities’ compliance with the law. The report makes clear the Commissioner’s view that RIPA is fit for purpose, despite advances in technology. He also finds that interception agencies undertake their roles conscientiously and effectively, and that public authorities do not engage in indiscriminate random mass intrusion.

The report also publishes, for the first time, a detailed breakdown by public authority of the number of communications data authorisations and notices issued. I welcome the greater degree of transparency that this report brings, without harming national security, and look forward to the Commissioner’s further work on the volume of requests.

While giving strong support to the legal framework and the intercepting agencies’ conduct. Sir Anthony’s report also makes a number of important recommendations relating to the lawful interception and communications data regimes. The Government are actively considering the report’s recommendations and we will respond in due course.

In the light of concerns about the activities of the intelligence agencies, the quality of oversight, and a number of public concerns and myths that have developed in the light of media allegations linked to Edward Snowden, I believe his report provides an authoritative, expert and reassuring assessment of the lawfulness, necessity and proportionality of the intelligence agencies’ work. I thank Sir Anthony for the rigour of his scrutiny.