Short-term benefit advances are not a specific benefit or separate scheme like the Social Fund and the process reflects this. They are an advance of the claimant’s benefit. Where the claimant tells us they are in financial need (either at the start of their claim or those who have had a change of circumstances resulting in a significant increase in their benefit) then DWP staff will consider a short-term benefit advance where appropriate. This will most commonly happen at the new claims stage when staff are discussing with the claimant what will happen next. DWP endeavours to pay any benefit due where possible, and in many cases this is happening.

There are 81 existing free schools in England. Planned contributions to the capital costs of existing free schools are published on the Department for Education website when contracts have been finalised. The figures published to date are included in table HL6671, copies of which have been placed in the Libraries of both Houses. The table also sets out the contributions that Her Majesty’s Government have made to the annual running costs of each of these schools for the 2011-12 and 2012-13 academic years. Planned contributions to the annual running costs of each of the existing free schools for the 2013-14 academic year will also be published by the Department for Education on its website when they have been finalised later in the year.

Around 100 free schools are currently working towards opening in September 2013. The Department for Education will publish on its website the contribution to the capital costs of each free school when the contracts for site acquisition and building work are finalised. Planned contributions to the annual running costs of each proposed free school in 2013-14 will be published by the Department for Education on its website after all the funding agreements have been signed.

There are no existing free schools in Newcastle upon Tyne.

Two free schools are proposed to open in Newcastle-upon-Tyne in September 2013: Discovery Newcastle and West Newcastle Academy. Capital costs for them have yet to be finalised. The Secretary of State has not yet signed funding agreements for these free schools and it is not possible to provide planned running cost figures until he has. Free schools running costs are funded on an equivalent basis to other state-funded schools in the same local authority area. Details of contributions to both capital costs and annual running costs for 2013-14 will be published by the Department for Education on its website when they have been finalised later in the year.

I am not sure of the number of prisoners to whom the judgment applies, but cases are being taken. It may be of interest to hear that two of the three prisoners involved in that case are now back in prison due to breaching their terms. We are being very careful to make sure that the system is flexible enough and effective enough to allow prisoners to earn—that is the reality of it—their release. However, we have to consider this issue in the context of prisoners who were given this sentence, when it existed, because they posed a threat to the community. It is for the Parole Board to assess whether they are fit for release.

First, I agree totally with the noble Lord. The point of judicial review is to hold the Executive and public bodies to account, and that is a principle to which the Government are utterly committed. I have referred already to the issue of time extension. If an extension of time is required, the judge can grant it. It is important to highlight three key points around these changes. The reduction in time limits on planning and procurement, the introduction of fees and the dismissal of decisions that are totally without merit were all referred to the judiciary and, indeed, carried their support. Matters were raised in the consultation which the judiciary felt were not right to take forward; the Government have listened and are not doing so.

My Lords, as part of the rehabilitation revolution we are looking at a release programme for prisoners whereby they can be located in a prison that gives them a chance for suitable training and, as I think I have mentioned before, with an emphasis on “through the gate” support after they leave prison, if possible in locations close to where they are going to live thereafter.

Full searching is necessary to ensure the safety and security of young people in custody and will only take place when there is an identified risk. We have a duty to keep any item that could endanger the safety of young people out of secure establishments and use a number of measures to disrupt their supply—full searches are an important part of this.

Following a review by the Youth Justice Board, a new risk-based approach was introduced in secure children’s homes and secure training centres. This ended the routine full searching of young people in these establishments. A predominantly risk and intelligence-led approach to full searching of young people held in young offender institutions has been taken since April 2012, but there continues to be a mandatory requirement to routinely full search all young people in certain circumstances where it is considered there is heightened risk of contraband being smuggled into a secure environment.

For the three years in question, the disclosure regime provided early warning of tax avoidance which enabled HM Revenue & Customs (HMRC) to develop strategies for handling the risks posed long before the tax returns were received. These strategies have resulted in changes to tax legislation and the challenge of the scheme users’ returns through project-managed enquiries.

HMRC is progressing these enquiries which may lead to litigation in appropriate cases. Where HMRC has litigated, it has had a high level of success, winning the significant majority of cases since April 2010.

The specific information requested can be provided only at a disproportionate cost.

Both publicly and privately, I sense that there is no majority in this Parliament in favour of repeal of the Human Rights Act. If an individual party at the next election wants to put repeal in its manifesto, that is its privilege and right, and it will have to take that to the hustings. It will not be in the manifesto of the Liberal Democrats.

As stated in the programme for government, appointments will be made to the House of Lords with the objective of creating a second Chamber that reflects the share of the vote secured by the political parties at the last general election.

The Government believe that the question of the optimum size of the House of Lords can only be addressed appropriately in legislation for comprehensive reform.

It is important that the provision of court and tribunal services in England and Wales includes an estate that is efficient, well utilised and offers value for money. Any future proposal by the Government to close magistrates’ courts would be subject to full public consultation and the consultation would include the criteria on which the proposals had been put forward.

Currently, a person receiving certain passporting benefits may have up to £16,000 disposable capital but is automatically deemed eligible for civil legal aid on both income and capital. However, a person who does not receive these passporting benefits and who has more than £8,000 in disposable capital is ineligible for civil legal aid. The Government believe that this is inequitable and intend that all applicants should be subject to the same disposable capital test. This will mean that any applicant who has disposable capital above £8,000 will be ineligible for legal aid.

This proposed change to eligibility rules was specifically consulted upon as part of the consultation Proposals for the Reform of Legal Aid in England and Wales. The Government’s June 2011 response to that consultation confirmed that they would take forward the proposal. The impact of the proposal was specifically assessed in the impact assessments produced in relation to the proposals in that consultation. The savings as a result of this change are estimated to be around £10 million in steady state. The Government intend to include this proposed change in the regulations regarding financial eligibility for civil legal aid to be made under the Legal

Aid, Sentencing and Punishment of Offenders Act 2012. These regulations will be laid in time to come into force for 1 April 2013.

During 2009-10 HM Revenue and Customs received 5,924 tax returns where the taxpayer had ticked the box relating to tax avoidance schemes. In 2010-11 that number was 6,962 and in 2011-12 it was 9,364.

The increase in the numbers reflects changes in the disclosure of tax avoidance schemes’ rules since they were introduced and the cumulative effect of the requirement to tick the box on every tax return potentially affected as a result of the scheme entered into.

I refer the noble Lord to my reply to Lord Howarth of Newport of 6 February 2013 (Official Report, col. 259-60). The Government have no further plans for legislation to reform this House in this Parliament.

I refer the noble Lord to my reply of 1 February 2012 (Official Report, col. 1 February 2012, WA 337).

The Government’s position remains that we are not persuaded of the need for statutory regulation in this area, but will keep the situation under review.

No guidance notes have been issued to the Planning Inspectorate since the publication of the National Planning Policy Framework.

The Planning Inspectorate published transition advice to inspectors which is publicly available on the portal website: http://www.planningportal.gov.ukluploads/pins/advice_for_inspectors/nppf.pdf.

Courts engage with representatives from the police and police authority, the local council, and the fire, health and probation services in their role as responsible authorities on community safety partnerships. These authorities work together to develop and implement strategies to protect their local communities from crime and to help people feel safe. They also work out local approaches to deal with issues including anti-social behaviour, drug or alcohol misuse and re-offending working with others who have a key role, including community groups.

There is already a strong relationship between local authorities and the criminal justice system through the youth offending teams (YOTs). Local authorities manage the YOTs in their integral role as part of the youth justice system with statutory responsibility for the delivery of youth justice services. HMCTS and the Youth Justice Board actively encourage the further development of these links between courts, the wider criminal justice system and YOTs.

The Lord Chancellor appoints magistrates on the advice of local advisory committees which are made up of magistrates and non-magistrates.

Advisory committees advertise in a wide range of places and encourage applications from all sections of the local community. Advisory committees also receive mandatory induction training which emphasises the need to respect the fact that magistrates will come form all parts of society, including different socio-economic and ethnic backgrounds. They are trained to tailor their interviewing skills to the individual candidate before them.

There are currently 24,003 serving magistrates in England and Wales, 84% of whom are aged 50 or over. The average age of serving magistrates is 58.

The table below provides a breakdown of the diversity profiles for serving magistrates as at 23 January 2013.

Renegotiating Section 106 agreements will unblock stalled sites and deliver affordable housing that would not otherwise be delivered.

There are no direct compensatory arrangements for the difference between unviable local affordable housing figures and those achieved through the renegotiation of Section 106 agreements. The department has not held discussions with local authorities on this matter.

On 6 September 2012, we announced plans to issue a debt guarantee for up to £10 billion for both affordable housing and private rented schemes to increase housing supply and make available £300 million more grant to help deliver up to 15,000 new affordable homes and bring 5,000 empty homes back into use. There is potential to use guarantees and grant to minimise the loss of affordable homes where Section 106 agreements have been found to be unviable.

Government submitted their Official Journal of the European Union Contract Notice for the administration of the schemes on 31 January and published the scheme rules for both housing guarantees schemes on 1 February.

Renegotiating Section 106 agreements will unblock stalled sites and deliver affordable housing that would not otherwise be delivered.

There are no direct compensatory arrangements for the difference between unviable local affordable housing figures and those achieved through the renegotiation of Section 106 agreements. The department has not held discussions with local authorities on this matter.

On 6 September 2012, we announced plans to issue a debt guarantee for up to £10 billion for both affordable housing and private rented schemes to increase housing supply and make available £300 million more grant to help deliver up to 15,000 new affordable homes and bring 5,000 empty homes back into use. There is potential to use guarantees and grant to minimise the loss of affordable homes where Section 106 agreements have been found to be unviable.

Government submitted their Official Journal of the European Union Contract Notice for the administration of the schemes on 31 January and published the scheme rules for both housing guarantees schemes on 1 February.