Lord Strathcarron

All organisations in the UK which process personal data, including biometric data, have to comply with the requirements of the UK General Data Protection Regulation and the Data Protection Act 2018.

The Information Commissioner’s Office (ICO) is the UK’s independent regulator for data protection and is responsible for providing advice and guidance on compliance with the UK’s data protection laws.

The ICO is currently considering whether PimEyes’s practices may raise data protection concerns. It would not be appropriate for His Majesty’s Government to comment on an ongoing ICO consideration.

As set out in Oak National Academy’s Framework Agreement, Oak will be operationally independent from the department. The department will not prescribe or approve the content of curriculum packages or educational resources. Oak’s resources will be created independently, will be free to access and non-compulsory for schools to use, and evidence based. In creating curriculum packages and educational resources, Oak will ensure alignment with the national curriculum, and have due regard to the department’s non-statutory curriculum guidance.

Citizenship forms a core part of the statutory national curriculum at Key Stages 3 and 4 and primary schools can choose to teach citizenship at Key Stages 1 and 2, following the non-statutory framework for citizenship. The citizenship curriculum provides a rigorous framework for pupils to explore complex concepts and issues facing society.

History is also part of the national curriculum from Key Stages 1 to 3 and is included in the English Baccalaureate suite of GCSE subjects for Key Stage 4. The department is developing a Model History Curriculum which is a non-statutory guidance document to support the national curriculum and the teaching of a high quality, knowledge rich and diverse history curriculum. The guidance will be published in 2024.

The department does not prescribe how these subjects should be taught but we expect schools to develop a curriculum that meets the need of their pupils.

The department made £4.84 million available for Oak both for the summer term of the academic year 2019/20, and then for the 2020/21 academic year, to provide video lessons in a broad range of subjects for Reception up to Year 11. In the 2022/23 financial year, a total of £9.8 million has been budgeted for Oak. Part of this £9.8 million of funding was allocated through the Grant Funding Agreement, which enabled Oak National Academy to maintain its activity prior to becoming an Arm’s Length Body (ALB). The government has set aside up to £43 million over the next three years to support Oak National Academy, a significant proportion of which is expected to be provided directly to schools, publishers, and other organisations for the creation of resources.

As an integral part of the process to set up Oak as an ALB, with close regard to Cabinet Office guidance, the department produced a business case that included an assessment of potential market impact. This business case was published on GOV.UK on 1 November at: https://www.gov.uk/government/publications/oak-national-academy-business-case. Monitoring market impact will be a priority throughout Oak National Academy’s lifetime and will be factored into the body’s ongoing evaluation and two-year review.

As set out in Oak National Academy’s Framework Agreement, Oak will be operationally independent from the department. The department will not prescribe or approve the content of curriculum packages or educational resources. Oak’s resources will be created independently, will be free to access and non-compulsory for schools to use, and evidence based. In creating curriculum packages and educational resources, Oak will ensure alignment with the national curriculum, and have due regard to the department’s non-statutory curriculum guidance.

Citizenship forms a core part of the statutory national curriculum at Key Stages 3 and 4 and primary schools can choose to teach citizenship at Key Stages 1 and 2, following the non-statutory framework for citizenship. The citizenship curriculum provides a rigorous framework for pupils to explore complex concepts and issues facing society.

History is also part of the national curriculum from Key Stages 1 to 3 and is included in the English Baccalaureate suite of GCSE subjects for Key Stage 4. The department is developing a Model History Curriculum which is a non-statutory guidance document to support the national curriculum and the teaching of a high quality, knowledge rich and diverse history curriculum. The guidance will be published in 2024.

The department does not prescribe how these subjects should be taught but we expect schools to develop a curriculum that meets the need of their pupils.

The department made £4.84 million available for Oak both for the summer term of the academic year 2019/20, and then for the 2020/21 academic year, to provide video lessons in a broad range of subjects for Reception up to Year 11. In the 2022/23 financial year, a total of £9.8 million has been budgeted for Oak. Part of this £9.8 million of funding was allocated through the Grant Funding Agreement, which enabled Oak National Academy to maintain its activity prior to becoming an Arm’s Length Body (ALB). The government has set aside up to £43 million over the next three years to support Oak National Academy, a significant proportion of which is expected to be provided directly to schools, publishers, and other organisations for the creation of resources.

As an integral part of the process to set up Oak as an ALB, with close regard to Cabinet Office guidance, the department produced a business case that included an assessment of potential market impact. This business case was published on GOV.UK on 1 November at: https://www.gov.uk/government/publications/oak-national-academy-business-case. Monitoring market impact will be a priority throughout Oak National Academy’s lifetime and will be factored into the body’s ongoing evaluation and two-year review.

I refer the noble Lord to the answer I gave to question HL 14964 on 9 March, in which I outlined that, under the United Nations Convention on the Law of the Sea, any vessel with a valid flag status has the right to innocent passage through the UK’s territorial sea.

The Department cannot provide legal advice regarding domestic sanctions regulations in specific cases due to the Department’s role in administering and enforcing transport sanctions, such as through civil monetary penalties. It is the responsibility of the master and/or owner of the vessel to ensure that they comply with all UK maritime and sanctions law while under UK jurisdiction. Similarly, the decision whether to allow a vessel to dock is a matter for the respective port or harbour authority, who are also responsible for ensuring compliance with UK sanctions legislation. We encourage all entities to seek their own independent legal advice and to review the respective sanctions guidance provided via the government website.

As the UK is a party to the United Nations Convention on the Law of the Sea, any vessel with a valid flag status has the right to innocent passage through the UK’s territorial sea.

The Department for Transport has previously provided around £75m to Sustrans to maintain and upgrade the National Cycle Network since 2018/19. The Department keeps all funding under close review.

It was the Mayor's decision to expand the ULEZ to the Greater London boundary. There was no legal requirement for the Mayor to consult Government on his decision. The only powers for Government sit under Section 143 of the GLA Act which are focused on correcting inconsistencies between national transport policy and the Mayor's Transport Strategy. Therefore, these powers cannot be exercised.

The basis for the decision to introduce pre-departure and post-arrival testing for passengers arriving from mainland China is the lack of comprehensive health information being shared by China, low confidence in their published case rates and lack of transparency around genomic sequencing. Domestic infection and hospitalisation rates have surged in China and the measures introduced reduce the number of cases being imported and allow us to monitor for variants.

The measures are proportionate, targeted and time limited. They are being kept under review and will be removed if no longer necessary. HMG and other international partners are encouraging China to provide greater transparency on their COVID data. Passengers may use a PCR or low-cost lateral flow device as their pre-departure test.

Post arrival testing is being managed by UKHSA and it is for them to decide about publishing data.

Tobacco is the single most important entirely preventable cause of ill health, disability, and death in this country, and is responsible for approximately 80,000 deaths in the United Kingdom each year. There is no safe level of tobacco consumption. All tobacco products are harmful.

A paper by Dr Sarah E Jackson, Dr Lion Shahab, and Dr Jamie Brown titled Trends in Exclusive Non-Cigarette Tobacco Smoking in England: A Population Survey 2013–2023 provides the evidence behind the statement on other tobacco products. The available data does not provide the precise statistics for the different categories of other tobacco products.

There were 5,255 responses to the standard version of the NHS Constitution consultation, and 79 responses to the easy read version. Officials are currently analysing the responses, and the Government will provide an update on next steps at the earliest opportunity.

NHS England is reviewing its internal policy on menopause, which applies to National Health Service staff. A draft was briefly published in error by NHS England on 13 March 2024. NHS England plans to publish the updated staff policy in the next few weeks. No specific assessment was made by the Government of the draft guidance prior to this.

We have been clear that biological sex matters, and it is important to use language that recognises the separate health and biological needs of men and women. It is also important that health information is provided in language that is inclusive of everyone that needs to hear it, so everyone who can be affected by certain conditions can get the help they need.

All vaccines used in the United Kingdom must be authorised by the UK’s independent medicines’ regulator, the Medicines and Healthcare products Regulatory Agency (MHRA). Each COVID-19 vaccine is only authorised once it has met robust standards of effectiveness, safety, and quality. As with all vaccines and medicines, the safety of COVID-19 vaccines is continuously monitored, and the advice from the MHRA remains that the benefits of vaccination in preventing COVID-19 and serious complications associated with COVID-19 outweigh any currently known side effects in the majority of patients. Information on the characteristics of each vaccine is published by the MHRA on the GOV.UK website. The MHRA’s Blue Guide relates to the advertising and promotion of medicinal products, and in general, debates in Parliament about vaccination are considered to be outside its scope.

It is the view of the Medicines and Healthcare products Regulatory Agency (MHRA) that materials disseminated by Government bodies in support of a public health campaign are not caught by the definition of an advertisement for a medicine as given in regulation 7. This is because these materials were not ‘designed to promote the prescription, supply, sale or use’ of a specific medicine or medicines. Instead, these materials were disseminated to promote public health by encouraging people to seek appropriate medical intervention, in this case uptake of vaccination against COVID-19.

The MHRA is obliged to consider any complaints made to it about the advertising of medicines. While carrying out its statutory duties, the MHRA will assess each case on its own merits and in light of the available evidence.

The UK provides the vast majority of funding to WHO as unearmarked flexible funding (£340 million in 2020-2024). Funding helps WHO deliver its General Programme of Work, supporting WHO reform and addressing UK global health priorities. This includes building resilient health systems around the world, especially in the poorest countries, and helping prevent and prepare for pandemics. Additionally, over its lifetime, the UK has been the 3rd largest contributor to the Global Fund to Fight AIDS, Tuberculosis and Malaria. This funding has contributed towards saving 59 million lives, our recent pledge of £1 billion will continue to contribute to this effort.

The UK and Mauritius have reiterated that any agreement between our two countries will ensure the continued effective operation of the joint UK-US military base on Diego Garcia, which plays a vital role in regional and global security. The UK will only enter into an agreement that protects our national interests and those of our partners, including from any malign actors in the Indian Ocean.

A Westminster Hall Debate on the three health-focused High-Level Meetings taking place at the UN General Assembly High-Level Week this year was held on 11th July 2023. This provided a helpful opportunity for Members to discuss the UK's aims for the three High-Level Meetings. UN resolutions, including those such as this political declaration, issued as the outcome of UN General Assembly High-Level Meetings, are non-binding recommendations. In keeping with usual practice relating to such resolutions, the Government does not propose to table a motion relating to the declaration.

The Bank of England has statutory responsibilities for monetary policy and financial stability, and operational independence from the Government to carry out those responsibilities. The Government remains fully committed to the Bank’s independence.

The Court of the Bank of England has commissioned the Bank’s Independent Evaluation Office (IEO) to review the Bank’s forecasting, and related processes. It will be led by Dr Ben Bernanke. The review began this summer and is expected to publish its findings in spring 2024.

The Government sets the Approved Mileage Allowance Payments (AMAP) rates to minimise administrative burdens. The AMAP rates aim to reflect running costs including fuel, servicing and depreciation. Depreciation is estimated to constitute the most significant proportion of the AMAP rates.

Employers are not required to use the AMAP rates. Instead, they can agree to reimburse the actual cost incurred, where individuals can provide evidence of the expenditure, without an Income Tax or National Insurance charge arising.

Alternatively, they can choose to pay a different mileage rate that is higher or lower than the AMAP rates. If an employee is paid less than the approved amount, they are allowed to claim Mileage Allowance Relief (MAR) from HMRC. However, if the payment exceeds the relevant AMAP rate, and this results in a profit for the individual, they will be liable to pay Income Tax and National Insurance contributions on the difference.

As with all taxes and allowances, the Government keeps the AMAP rates under review and any changes are considered by the Chancellor.

I fully recognise the concern that surrounds the recording of non-crime hate incidents. Home Office officials are currently working with the College of Policing to ensure that the right to freedom of expression is better protected.

Data on the number of Fixed Penalty Notices (FPNs) issued under the COVID-19 regulations by police forces in England and Wales is not held centrally by the Home Office. These figures were collected by police forces and published monthly by the National Police Chiefs' Council (NPCC).

The final tranche of figures relating to coronavirus breaches was published on 16 March 2022 and can be found here on the NPCC website at Update on Coronavirus FPNs issued by forces in England and Wales, and the payment of FPNs (npcc.police.uk)

The data includes the number of FPN letters issued by ACRO, FPNs paid, FPNs contested, and those not complied with, broken down by force area.

The Government recognises the concern surrounding the recording of non-crime hate incidents (NCHIs). We also note the Court of Appeal judgment in the Harry Miller v College of Policing case that was handed down on 20 December 2021. The Court found that the recording of NCHIs is lawful provided that there are robust safeguards in place so that the interference with freedom of expression is proportionate.

Accordingly, the Government included provisions in the Police, Crime, Sentencing and Courts Bill - which received Royal Assent on 28 April 2022 - to ensure that the recording of NCHIs is governed by a Code of Practice that is subject to Parliamentary approval.

The content of the Code will be drafted in due course, and will make the processes surrounding the recording of NCHI data more transparent and subject to stronger safeguards, including on retention. In the short term, we have no plans to ask police forces to review or delete existing personal NCHI data that they may have on record. To do so would be a disproportionately costly, time consuming and resource-intensive process that is not warranted at this stage.

The College of Policing is also reflecting on the Court of Appeal’s judgment carefully and make any changes that are necessary to its existing guidance which will remain in force in the interim period before the new Code enters into effect.