Lord Lexden

The European Union (Withdrawal Agreement) Act 2020 was approved by Parliament on 23 January 2020. It implemented the agreement between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union. It sets out the arrangements for the United Kingdom’s withdrawal from the EU including the Northern Ireland Protocol. As the Protocol itself makes clear, the UK as a whole, including Northern Ireland, has left the EU customs territory. The future of the Protocol is in the hands of the people of Northern Ireland, with Northern Ireland’s elected institutions to determine whether to extend or end its alignment provisions four years after the end of the transition period.

The Government is committed to protecting and promoting the combined strengths of our Union, building on 300 years of partnership. As part of this, we work closely with the devolved administrations on a variety of different policy agendas, including the response to the Covid-19 pandemic, and the review of intergovernmental relations.

Additionally, we are undertaking a review into Union connectivity to improve links between our four nations, and to bring forward funding to accelerate infrastructure projects.

It is our intention to publish Lord Dunlop’s review of Union Capability alongside the completion of the review into intergovernmental relations, to provide as full a picture as possible. We are already in the process of implementing Lord Dunlop’s recommendations and will provide a full update when the review is published.

The Government is committed to protecting and promoting the combined strengths of our Union, building on 300 years of partnership. As part of this, we work closely with the devolved administrations on a variety of different policy agendas, including the response to the Covid-19 pandemic, and the review of intergovernmental relations.

Additionally, we are undertaking a review into Union connectivity to improve links between our four nations, and to bring forward funding to accelerate infrastructure projects.

It is our intention to publish Lord Dunlop’s review of Union Capability alongside the completion of the review into intergovernmental relations, to provide as full a picture as possible. We are already in the process of implementing Lord Dunlop’s recommendations and will provide a full update when the review is published.

The Government is committed to protecting and promoting the combined strengths of our Union, building on 300 years of partnership. As part of this, we work closely with the devolved administrations on a variety of different policy agendas, including the response to the Covid-19 pandemic, and the review of intergovernmental relations.

Additionally, we are undertaking a review into Union connectivity to improve links between our four nations, and to bring forward funding to accelerate infrastructure projects.

It is our intention to publish Lord Dunlop’s review of Union Capability alongside the completion of the review into intergovernmental relations, to provide as full a picture as possible. We are already in the process of implementing Lord Dunlop’s recommendations and will provide a full update when the review is published.

As the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office stated to the House of Commons Public Administration and Constitutional Affairs Committee on 10 September, we will publish the Dunlop Review before the end of the year.

We are in the process of implementing many of Lord Dunlop’s recommendations and we will set out that work when we publish the report.

In October last year we announced the 30 teams that have been selected to take part in the Festival R&D Project. This has provided paid work to our creative sectors, and an opportunity for them to work in new collaborations.

The 30 teams include two from Scotland, two from Northern Ireland, and two from Wales, and two from England. The remaining 22 teams are cross-UK teams, with representatives from at least two of the nations. They bring an extraordinary breadth of knowledge and creativity from the very best of our country’s creative talent. The final 10 teams will be announced this year.

The National Archives and the Ministry of Justice are currently liaising regarding records of the Office of the Public Guardian and the Chancery Division of the High Court which pertain to Sir Malcolm Arnold which are currently held by the Ministry of Justice. Whilst discussions are ongoing the records are secure within the custody of the Ministry of Justice and are not at imminent risk of destruction.

In order to ensure appropriate support and guidance is given to the cultural sector, DCMS has established the Cultural Renewal Taskforce and the Entertainment and Events working group which include extensive membership from artists and performers. Caroline Dinenage MP, Minister for Digital and Culture, has also held a roundtable with representatives from the choral sector to enable choral groups to feed in views to the development of guidance.

The Taskforce and Working Groups will be focusing on ensuring that COVID-19 secure guidelines are developed in line with the phasing ambitions and public health directions, building on the existing guidance and providing intelligence and sector-specific expert input. Full details of the Taskforce can be found at https://www.gov.uk/government/news/culture-secretary-announces-cultural-renewal-taskforc,e and the Entertainment and Events Working Group can be found at https://www.gov.uk/government/groups/cultural-renewal-taskforce-and-supporting-working-groups#entertainment-and-events-members.

A summary of a project commissioned by the department to understand fees paid by local authorities for children’s homes in England was published in November 2020. It can be found at this link: https://www.gov.uk/government/publications/analytical-associate-pool-summary-of-projects.

This reports a mean average fee for children’s homes of £3,962 per week.

The department does not collect data on the cost of boarding schools for children in care.

Since 17 May, all out of school settings, which includes youth residentials and summer camps, have been able to undertake residential visits for children. From 21 June, these settings have been able to do so in groups of 30 children, in line with the position for school residential visits. The Department has provided updated guidance on ‘Protective measures for holiday or after-school clubs and other out-of-school settings for children’, which sets out how providers can conduct residential visits safely. The guidance can be found here: https://www.gov.uk/government/publications/protective-measures-for-holiday-or-after-school-clubs-and-other-out-of-school-settings-for-children-during-the-coronavirus-covid-19-outbreak.

Throughout the COVID-19 outbreak, the Government has listened carefully to the views of the scientific community, in particular from the Scientific Advisory Group for Emergencies (SAGE) and its subgroups, when taking decisions on the best way to tackle the COVID-19 outbreak. Gathering in larger groups, including as part of residential visits, does increase the risk of transmission. COVID-19 spreads more easily indoors, especially over prolonged periods, for example in shared sleeping arrangements, which increases the risk of residential visits. The Department continues to keep these restrictions under constant review and will ensure they remain proportionate to the threat to public health posed by COVID-19.

It is important that education and childcare settings continue to be supported with appropriate guidance on safety measures. The Department remains committed to ensuring that schools and colleges can effectively manage risks, create an inherently safer environment, and that we can maximise face-to-face education wherever possible. As new evidence or data emerges, the Government will act accordingly to ensure that all settings have the right safety measures in place.

The advice on residential visits will be reviewed again in advance of Step 4.

The regulations that are used to determine the eligibility for access to the Department for Education's Barred List Checking Service apply to England only.

The School Staffing (England) Regulations 2009 are for maintained schools and can be accessed here: https://www.legislation.gov.uk/uksi/2009/2680/regulation/24/made.

The Education (Independent School Standards) Regulations 2014 are for academies, free schools and alternative provision academies, and can be accessed here: https://www.legislation.gov.uk/uksi/2014/3283/pdfs/uksi_20143283_en.pdf.

The Non-Maintained Special Schools (England) Regulations 2015 and The Further Education (Providers of Education) (England) Regulations 2006 can be accessed here: https://www.legislation.gov.uk/uksi/2015/728/contents/made and https://www.legislation.gov.uk/uksi/2006/3199/contents/made.

The Department has no plans to give schools in the Crown Dependencies access to the replacement service for Teacher’s Pension Online, the Children’s Barred List Status Check. Teacher’s Pensions Online hosted the standalone barred list check service until 31 March 2021. The replacement service transferred to the Teaching Regulation Agency on 1 April 2021. Schools in the Crown Dependencies should contact the Disclosure and Barring Service directly to obtain an Enhanced plus Barred List information check for those employed in regulated activity.

The government is committed to helping all children and young people make up learning lost as a result of the COVID-19 outbreak.

This is why the government has invested £1.7 billion to give education settings support to help pupils get back on track, including additional funding, tutoring, early language support and summer schools. We will provide further guidance to schools on the operation of new education recovery programmes shortly.

In January 2021, my right hon. Friend, the Prime Minister, committed to work with parents, teachers and pupils to develop a long-term plan to help pupils make up their learning over the course of this parliament. We have appointed Sir Kevan Collins as the Education Recovery Commissioner to advise on this broader plan. The objectives of the Education Recovery Commissioner, as outlined in the Terms of Reference, are to advise on the design and implementation of potential interventions that will help students catch up learning lost due to the COVID-19 outbreak.

The Education Recovery Commissioner will be expected to engage with a range of education experts and settings to improve implementation and refine proposals to improve the effectiveness of the delivery of outcomes.

Independent schools have been actively involved in cross-sector partnerships, forming impactful and mutually beneficial partnerships with state school colleagues across several areas including curriculum development, quality of teaching, school leadership, and other school improvement initiatives. Independent schools are also involved in the Broadening Educational Pathways programme aimed at increasing the support of the sector for vulnerable children. All of this is consistent with the department’s joint understanding with the Independent Schools Council, which outlines how independent schools can work in partnership with state schools to help raise attainment and, in particular, help pupils from disadvantaged backgrounds. I would very much like to see this spirit of collaboration extended to our COVID-19 recovery efforts.

The terms of reference for the Education Recovery Commissioner is published here (and can be viewed in the attached document):

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/960070/Terms_of_reference.pdf#:~:text=Education%20Recovery%20Commissioner%3A%20role%20specification%20and%20terms%20of,approach%20for%20education%20recovery%2C%20with%20a%20particular%20focus.

We are delighted to celebrate the success of cross-sector partnerships and welcome the hard work that has gone into promoting this work across our country by the Independent Schools Council (ISC) and others such as the Schools Together Group.

The department continues to encourage and support new partnerships between independent and state-funded schools. In line with the department’s joint understanding with the ISC, we want to see more schools forming impactful and mutually beneficial collaborations across the areas of curriculum development, teaching quality, governance and leadership, and other targeted forms of school improvement.

As disruptive as COVID-19 has been, we hope that more schools will see the opportunity to work together to find solutions to common problems and to build a more collaborative system. Partnerships Week and other forms of promotion, such as the ISC’s recently published Celebrating Partnerships booklet, are key to ensuring that more schools hear about the good work already happening in this field and encourage more to join.

Rule 66 of the Highway Code recommends that bells are fitted and used as necessary. All bicycles are required at point of sale to be “fitted with a bell which is of a category intended for use on bicycles”. The Regulations do not compel cyclists to keep a bell fitted to the bicycle after purchase. The Government has no plans to make bells for bicycles mandatory.

The Department for Transport is rapidly developing plans for e-scooter trials, having recently consulted on this. Electric scooters used in trials will be required to have a bell or horn.

Of the 47 Member States of the Council of Europe, 46 have signed and ratified Protocol 15 amending the Convention for the Protection of Human Rights and Fundamental Freedoms. Italy is the only Member State that has signed but not yet ratified the protocol. I understand that the Government of Italy has assured the Council of Europe that the parliamentary procedures required for ratification are currently in progress, and that a date for discussion of Protocol 15 at the plenary of the Senate will be decided in due course.

We do not usually publish records of conversations - doing so may set a precedent whereby Her Majesty's Government is pressured to publish further conversations.

We are aware of the protests by students on 28 September 2020 at Cenderawasih University in Papua. We have not raised this specific case with the Indonesian authorities, but we regularly press them to address legitimate human rights concerns, including upholding the right of peaceful protest. The former Minister for Asia and the Pacific, Heather Wheeler, raised Papua with the Indonesian Deputy Foreign Minister, Mahendra Siregar, during her visit to Jakarta in January 2020.

We are aware of the arrest, and subsequent charging, of Buchtar Tabuni. We have not raised this specific case with the Indonesian authorities, but we regularly press the Indonesian authorities to address legitimate human rights concerns, including upholding the right of peaceful protest. The UK fully respects the territorial integrity of Indonesia, including Papua. The then Minister for Asia and the Pacific, Heather Wheeler, raised Papua with the Indonesian Deputy Foreign Minister, Mahendra Siregar, during her visit to Jakarta in January 2020.

An extension of the zero rate of VAT has been introduced to provide consistency in approach between certain physical and digital publications.

Audiobooks are already taxed consistently at the standard rate in both physical and digital format.

There are no current plans to extend the VAT zero rate to audiobooks. However, the Government keeps all taxes under review, including VAT.

The Government is in continual dialogue with the insurance sector about its contribution to handling this unprecedented situation. It is also working closely with these educational institutions to understand the financial implications of COVID-19 and to provide financial support where it is needed and is appropriate.

For those businesses and charities which have an appropriate policy that covers pandemics and unspecified notifiable diseases, including independent schools, the Government’s social distancing advice of both 16 and 20 March is sufficient to allow them to make a claim against their insurance, provided the other terms and conditions in their policy are met.

The FCA’s rules require insurers to handle claims fairly and promptly; provide reasonable guidance to help a policyholder make a claim, and appropriate information on its progress; not reject a claim unreasonably; and settle claims promptly once settlement terms are agreed.

Insurance policies differ significantly, so businesses are encouraged to check the terms and conditions of their specific policy and contact their providers. However, most businesses and charities have not purchased insurance that covers losses from COVID-19.

The Government recognises that businesses and charities who do not have appropriate insurance cover will require support from elsewhere. As such, they should explore the full package of support set out by the Chancellor in the Budget, on 17 March, and on 20 March.

As the Chancellor announced on Tuesday 17 March, the Government will do whatever it takes to get our nation through the impacts of COVID-19.

Following the receipt of responses by the Metropolitan Police Service and Independent Office for Police Conduct (IOPC) to the Home Secretary’s letter of 16 March, the Government is considering whether further steps are necessary to address concerns raised about Operation Midland, and the subsequent IOPC investigation.

The Independent Office for Police Conduct’s investigation into the alleged misconduct by former Chief Constable Mike Veale was completed in February this year and their report has been shared with the Police & Crime Commissioner (PCC) for Cleveland. It is now for the PCC to take forward any actions arising – after which the investigation report will be published.

Operational decisions made as part of its investigations are a matter for the Independent Office for Police Conduct (IOPC). In response to Sir Richard Henriques’ recent letter to the Home Secretary, she has written to the IOPC asking that it replies directly to Sir Richard about its decisions concerning Operation Midland.

This letter is available on gov.uk at the following address:-https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/970281/HS_Letter_to_Michael_Lockwood_-_Op._Kentia.pdf

Operation Conifer has been subject to scrutiny by its own Independent Scrutiny Panel, which checked and tested the decision-making and approach in the investigation; two reviews by Operation Hydrant in September 2016 and May 2017 which concluded that that the investigation was proportionate, legitimate and in accordance with national guidance; and a review in January 2017 by HM Inspectorate of Constabulary (as it then was) of whether the resources assigned to the investigation by the Home Office were being deployed in accordance with value for money principles. In addition, the Independent Office for Police Conduct has also considered specific allegations related to the former Chief Constable of Wiltshire Police.

On 22 July, the Government announced a two part review into the role of Police and Crime Commissioners. Part one of the review, which is internal, is underway and is focused on strengthening the accountability of PCCs in line with the Government’s manifesto commitment. The review will report to the Home Secretary later this month.

The Society of Antiquaries, along with four other Learned Societies, pay rent under the current rent agreement which was formally agreed between the Learned Societies and the Government following a High Court settlement in 2005. The agreement was also approved by the Charities Commission.

The civil law of defamation is a devolved issue in Northern Ireland. As such, the development of, or any reform to, the law in this area is a matter for the Northern Ireland Executive and Northern Ireland Assembly to consider.

I note that the Northern Ireland Minister for Finance, Conor Murphy MLA, updated the Assembly late last year and that work is underway in his department to review defamation law. An MLA (Member of the Legislative Assembly) has also been granted consent by the Secretary of State for Northern Ireland to introduce a Bill into the Northern Ireland Assembly on this issue. I understand that the proposed Bill is currently being considered by the NI Assembly Speaker as per usual processes.

The most recent meeting of the Joint Board was on 21 October 2020. Consistent with the Joint Board’s purpose, a number of issues relating to the implementation of the New Decade, New Approach agreement were discussed.

It was acknowledged that whilst Covid-19 has impeded the implementation of the ambitious programme of public service transformation set out in NDNA, good progress has been made on investing the £50million worth of funding for decarbonisation, in particular on addressing public transport emissions.

In line with the Government's New Decade, New Approach commitments, Northern Ireland’s centenary provides an opportunity to facilitate national recognition and international awareness of this important anniversary, in which we will both reflect on the past and build for the future. There are a number of key historical milestones which fall during the centenary year, one of which is the anniversary of the opening of the Parliament of Northern Ireland, which we are keen to see marked.

There are a number of important strands to our centenary programme, including historical understanding and engagement, as well as supporting trade and investment which will showcase Northern Ireland’s rich potential, giving crucial support to its recovery from the pandemic. We also want to focus on the future, especially our young people, and will ensure that their voices are heard in the centenary programme.

We are currently developing these plans and will be publicising them over the coming months.

The Fiscal Council is an important new part of the governance of Northern Ireland. The Northern Ireland Department of Finance is leading on developing the Terms of Reference for the Fiscal Council. This will subsequently be agreed through the UK Government-NI Executive Joint Board, which has been established under New Decade, New Approach. The Secretary of State for Northern Ireland continues to emphasise the need to press ahead with an Independent Fiscal Council as a priority for the Executive. This was discussed at the first meeting of the Joint Board. The Joint Board will meet again shortly to discuss progress on the fiscal council, amongst other issues.

The Fiscal Council has the potential to make a huge contribution to fiscal sustainability in Northern Ireland over the long-term and strengthen Northern Ireland’s fiscal performance.

The UK Government will continue to work with the Northern Ireland Executive to agree terms of reference that reflect our joint ambitions for this new institution and get it up and running as soon as possible.

In October 2019, the Department for Economy (DFE) appointed energy expert Andrew Buglass to consider the issue of hardship relating to participants in the NI Non-Domestic Renewable Heat Incentive scheme (NIRHI). Mr Buglass was asked by the DfE to develop a relevant definition of hardship, investigate its presence as a result of NIRHI participation, and make recommendations to the Department on any appropriate course of action. The report of Mr Buglass has just recently been provided to the DfE and will be considered by NI Ministers in the coming weeks.

The Ulster Defence Association and other loyalist groupings remain proscribed under Schedule 2 of the Terrorism Act 2000. The Chief Constable of the Police Service of Northern Ireland recently confirmed that the Assessment of Paramilitary Groups in Northern Ireland, published in October 2015, remains current. You may wish to refer to the assessment in conjunction with the Second Report of the Independent Reporting Commission, published in November 2019, for an up to date assessment of the capacity of the Ulster Defence Association and other loyalist groupings in Northern Ireland. The Independent Reporting Commission was established to monitor the progress of the Northern Ireland Executive’s programme of work to end paramilitary activity in Northern Ireland.

For your convenience, links to both of these reports are provided below:

Paramilitary Groups in Northern Ireland - 19 October 2015

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/469548/Paramilitary_Groups_in_Northern_Ireland_-_20_Oct_2015.pdf

Second Report of the Independent Reporting Commission - 4 November 2019

https://www.ircommission.org/sites/irc/files/media-files/IRC%20-%202nd%20Report%202019_0.pdf