House of Commons
(12 years, 10 months ago)
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Prayers
(12 years, 10 months ago)
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This information is provided by Parallel Parliament and does not comprise part of the offical record
Hon. Members
Object.
Bill to be read a Second time on Tuesday 6 September.
Mull of Kintyre Review
Resolved,
That an Humble Address be presented to Her Majesty, That she will be graciously pleased to give directions that there be laid before this House a Return of the Report, dated 13 July 2011, of the Mull of Kintyre Review: An independent Review to examine all available evidence relating to the findings of the Board of Inquiry into the fatal accident at the Mull of Kintyre on 2 June 1994.—(Miss Chloe Smith.)
Contingencies Fund Account 2010-11
Ordered,
That there be laid before this House an Account of the Contingencies Fund, 2010-11, showing—
(1) a Statement of Financial Position;
(2) a Statement of Cash Flows; and
(3) Notes to the Account; together with the Certificate and Report of the Comptroller and Auditor General thereon.—(Miss Chloe Smith.)
Oral Answers to Questions
(12 years, 10 months ago)
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Caroline Lucas (Brighton, Pavilion) (Green)
1. How much and what proportion of his Department’s funding for climate change adaptation and mitigation projects it has provided to smallholder farmers in the last 12 months.
The Parliamentary Under-Secretary of State for International Development (Mr Stephen O’Brien)
Smallholder farmers are particularly vulnerable to climate change. Fifty per cent. of the United Kingdom’s £1.5 billion fast-start commitment will help developing countries to adapt to it, and a significant share will benefit smallholder farmers. In Kenya, for instance, we support research on improved early warning so that farmers can adjust their cropping strategies to increase production.
Caroline Lucas
Two weeks ago 20 pastoralists were killed in central Somalia following a dispute about access to water for their livestock, and people are starving and dying now as a result of the terrible drought and famine in the horn of Africa. Will the Minister press for a specific day to be set aside for discussion of smallholder farmers and food security at the upcoming COP 17, the 17th United Nations conference on climate change?
Mr O’Brien
As I am sure the hon. Lady knows, we do not control the agenda, but she has made a powerful representation—which others will hear—in suggesting that priority should be given to the plight of smallholder farmers at that important meeting. In particular, it must be ensured that the cause of disputes which can get in the way of humanitarian aid is not perpetuated.
Dan Byles (North Warwickshire) (Con)
Has the Minister had any discussions with the Department for Environment, Food and Rural Affairs about the possibility of using his own Department’s expertise to advise United Kingdom farmers on climate change mitigation?
Mr O’Brien
Read-across does take place when a huge commitment is made to research enabling DFID to help smallholder farmers. For instance, the Foresight report, which was commissioned by the Government, benefited from a great deal of expertise drawn from UK farmers. The result has been of mutual benefit, which is another reason for concluding that the aid programme is in our mutual interests.
Rushanara Ali (Bethnal Green and Bow) (Lab)
Does the Minister agree that most climate-related finance should take the form of grants rather than loans? That is only fair to people in developing countries who suffer from the effects of climate change but who, in the main, did not cause it. Will the Minister tell us what proportion of our climate-related finance takes the form of loans rather than grants?
Mr O'Brien
As I am sure the hon. Lady will recognise, to start from the premise that finance should take the form of either loans or grants is to start at the wrong end of the question. The first question that should be asked is “What will best achieve the desired result and give the most help to vulnerable smallholder farmers?” That said, most of the finance does take the form of grants, and, as the hon. Lady knows, 50% of it is being provided through the international climate fund to help smallholder farmers to adapt.
Caroline Nokes (Romsey and Southampton North) (Con)
2. What recent assessment he has made of his Department’s work in Burundi; and if he will make a statement.
The Secretary of State for International Development (Mr Andrew Mitchell)
From 2012, DFID’s work in Burundi will focus on supporting regional integration into the east African community through the British-led organisation TradeMark East Africa, which has opened an office in Burundi which DFID is funding. That is the right way for us to help the people of Burundi, rather than aid being provided through a small, expensive and duplicatory bilateral programme.
Caroline Nokes
During a recent visit to Burundi, the vicar of Romsey and a group of parishioners found that one of the biggest problems was a critical lack of access to fresh water. Would the Secretary of State be prepared to meet them to discuss what they found, and how aid can be provided most effectively?
Mr Mitchell
My hon. Friend has made a good point. I believe that I met the vicar during a visit at the time of the general election, but I, or one of my fellow Ministers, would be happy to meet him and some of my hon. Friend’s constituents to discuss this important matter.
Richard Burden (Birmingham, Northfield) (Lab)
The Secretary of State did not say in his opening remarks that Britain is winding down its aid programme in Burundi, a country in which more than 80% of the population live on less than $1.25 a day. What specific assurances can he give that other donors will take up the programmes in which Britain has been involved in so far?
Mr Mitchell
The hon. Gentleman will be aware that Germany, Belgium and France have much larger bilateral programmes in Burundi than Britain. We are providing only 3.6% of the funding through our bilateral programme, but we have to make tough decisions about how we spend our budget. It is, after all, hard-earned taxpayers’ money, and we do not think it provides good value for money to have such a small programme with such high administrative expenses. I can tell the hon. Gentleman, however, that through multilateral support over the next few years Britain will spend about double the sum of the old bilateral programme.
Barry Gardiner (Brent North) (Lab)
3. What assessment he has made of the performance of his Department’s bilateral aid programmes with Indian states.
The Secretary of State for International Development (Mr Andrew Mitchell)
The bilateral aid review demonstrates that DFID’s programmes with Indian states yield strong development results with good value for money. The Independent Commission for Aid Impact will evaluate the India programme as part of its work in 2011.
Barry Gardiner
I welcome the Secretary of State’s response. He has recently been urged to discontinue aid to India, but does he agree that for as long as India continues to have a third of the world’s poor living within its borders, we will never achieve the millennium development goals unless that aid continues?
Mr Mitchell
The hon. Gentleman is right: India is a development paradox, as I have said before, and we are right to continue the programme for now. We have frozen the figure for the next four years, and we are moving to work only in the poorest states in India. As the hon. Gentleman has implied, there are more poor people in India than in the whole of sub-Saharan Africa.
Malcolm Bruce (Gordon) (LD)
Will my right hon. Friend accept the International Development Committee recommendation to put more resources into sanitation and nutrition, as they have been shown to be the prime cause of poverty? Half the population of India has no access to sanitation and malnutrition rates among Indian children are among the worst in the world.
Mr Mitchell
My right hon. Friend is absolutely right. Half the children in the state of Bihar are suffering from malnutrition. His point about the programme is a good one. We are looking at increasing the amount we spend on water and sanitation, and all of us are extremely grateful for the strong all-party support his Committee gave to the Government policy on aid and development in India.
Fiona Mactaggart (Slough) (Lab)
4. What recent assessment he has made of the humanitarian needs of the people of Gaza; and if he will make a statement.
The Minister of State, Department for International Development (Mr Alan Duncan)
The situation in Gaza is unacceptable and unsustainable. Perversely, the current access regime benefits Hamas and punishes the ordinary people of Gaza. In the last fortnight, I visited Israel and the west bank, as did the Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Friend the Member for North East Bedfordshire (Alistair Burt), who also visited Gaza. We both urged Israeli Ministers to recognise that the restrictions are not in Israel’s interests and should be lifted.
Fiona Mactaggart
I thank the Minister for that reply. First, I am sure that my constituent, David Cole, who is currently in Gaza would like me to use this opportunity to thank those Government officials who eventually helped him to be able to get there. However, I know that he is concerned that the number of trucks going into Gaza is about a third less than the number that were able to go in before the blockade. I am glad the Minister has already made representations, but will he specifically ask the Israeli and Greek Governments why they will not allow unarmed humanitarian volunteers to deliver medical supplies to Gaza by boat, through the flotilla?
Mr Duncan
I thank the hon. Lady for her appreciative comments. It is the case that about 30 times more cement and 10 times more steel goes into Gaza through Hamas-controlled tunnels than through the crossings. At the current reconstruction rate, the United Nations Relief and Works Agency estimates it will take 78 years to rebuild Gaza. We put confidence in the conversations between Prime Minister Netanyahu and the Quartet representative Tony Blair, which took place in May, and hope they can have a more successful outcome than they have had so far.
Mike Freer (Finchley and Golders Green) (Con)
Is it not true that more people enter Gaza from Egypt than from the tunnels in Israel? What can the Government do to stem this humanitarian crisis?
Mr Speaker
Order. I apologise for interrupting the Minister of State. I have been listening to the Minister of State for 20 years, and I want to carry on enjoying listening to him, and I want to be able to hear him.
Anas Sarwar (Glasgow Central) (Lab)
Six months after the Arab spring, what discussions has the Minister had with the Egyptian authorities about relaxing the restrictions at the Rafah border crossing to ensure that essential humanitarian assistance can get into Gaza?
Mr Duncan
That is primarily a matter for the Foreign and Commonwealth Office. I have not had any such discussions, but I have had discussions with Israeli Ministers. As I said a moment ago, I hope that the representations made by the Quartet representative, Tony Blair, to Prime Minister Netanyahu can ease many of the restrictions that the Israelis are currently imposing.
Annette Brooke (Mid Dorset and North Poole) (LD)
5. What recent assessment he has made of his Department’s performance in the prevention and treatment of tuberculosis in developing countries.
The Parliamentary Under-Secretary of State for International Development (Mr Stephen O'Brien)
The UK has contributed to significant global progress in reducing deaths and illness from tuberculosis. Globally, 41 million people have been successfully treated since 1995, saving 6 million lives. The UK reaffirmed its commitment to tackling TB, including co-infection TB-HIV, in “UK aid: Changing lives, delivering results” and in the UK’s position paper on HIV in the developing world. A paper on our broader approach to health, including TB, will be published later this year.
Annette Brooke
I thank the Minister for his answer and welcome the commitment to addressing TB-HIV co-infection. When will the future health paper be published? When will stakeholders be consulted on it? Will there be specific targets on the prevention, diagnosis and treatment of TB where patients are not co-infected with HIV?
Mr O'Brien
I am grateful to the hon. Lady for her question. It is very important to recognise that there has been no de-prioritisation of TB, as a huge amount of effort is being made to tackle it. That broader health context and the paper that will appear later this year will set out the priorities and how we will attempt to ensure that we are pushing on the right things to bring down the incidence of TB, which is falling globally. Most importantly, we need to recognise that this depends on the interrelationship with other workings of the health systems.
Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)
Does the Minister agree that one of the ways in which we will deal with the problems of global TB is through the development of new treatments? Is he aware of the work being done at the university of Strathclyde? Will he ensure that representations are made to ensure that research into the development of new TB drugs is continued?
Mr O'Brien
I am very grateful to the hon. Lady for that. She is right to pinpoint the fact that one of the difficulties in tackling TB is the emergence of very resistant strains. We are well aware of the research being done at the university of Strathclyde and elsewhere, which has a close link with the very big research commissioning programme for which DFID is responsible. I will be more than happy to pursue that in more detail later on.
Stephen Pound (Ealing North) (Lab)
6. What timetable he has set for the introduction of legislation to provide that 0.7% of gross national income is spent on official development assistance.
The Secretary of State for International Development (Mr Andrew Mitchell)
The coalition Government have set out in the comprehensive spending review how we will meet our commitment to spend 0.7% of national income as overseas aid from 2013. We have made it clear that we will enshrine that commitment in law as soon as the parliamentary timetable allows.
Stephen Pound
I thank the Secretary of State for that comprehensive answer, and I wish that all his Cabinet colleagues were quite as enthusiastic and as committed. But can he give us a firm date, as “in the fullness of time” simply is not good enough in these circumstances?
Mr Mitchell
The hon. Gentleman, who is enormously experienced in the ways of Parliament, will know that that is not a matter for me as the Secretary of State for International Development; it is a matter for the business managers and the usual channels. I suggest that he refers his question, on an appropriate occasion, to one of them.
Philip Davies (Shipley) (Con)
Any Government can spend as much money as they want on overseas aid if they want to do so. Lots of Departments have very important priorities, so why do we have to have a specific target in law for overseas aid and not for anything else? Is this not just ludicrous gesture politics, rather than anything that is actually meaningful?
Mr Mitchell
My hon. Friend is right to this extent: we could spend this hard-earned budget twice over, because there is need that we could satisfactorily address. But the world, many years ago, settled on a figure of 0.7%, and all of us have made a promise to stand by that commitment and the Government are absolutely right, even in these difficult economic circumstances, not to seek to balance the books on the backs of the poorest people in the world.
Mr Speaker
Order. Far too many noisy private conversations are taking place on both sides of the House. I want to hear Harriet Harman.
Ms Harriet Harman (Camberwell and Peckham) (Lab)
I strongly support the Secretary of State on the points he made. Will he join me in making the point that our aid is vital in the terrible situation for the people in the horn of Africa, where there is suffering on a massive scale? Will he also join me in paying tribute to the generosity of the British people in response to the Disasters Emergency Committee appeal? I strongly welcome his rapid response on Ethiopia, but what steps is he taking to ensure that other countries play their part, too, and what help is he giving to the people suffering in Somalia and Kenya?
Mr Mitchell
I thank the right hon. and learned Lady for her support. We are looking very carefully at how we can assist in Somalia, particularly in the south-central region where there is a weight of people crossing the border into northern Kenya. I expect to visit the region shortly to see what additional assistance can be given. The right hon. and learned Lady is also right that although there has been strong British leadership in all this, it is essential that other countries that can help put their shoulders to the wheel, too. We spend a lot of our time ensuring that others do precisely that.
Peter Aldous (Waveney) (Con)
7. What recent assessment he has made of the food situation in the horn of Africa; and if he will make a statement.
The Secretary of State for International Development (Mr Andrew Mitchell)
Up to 10 million people need emergency relief, especially in south-east Ethiopia, southern central Somalia and northern Kenya. We are seeing acute malnutrition in all these places. The crisis is provoked by the failure of the rains for two consecutive years and is characterised by the loss of crops and livestock, exacerbated by high food prices. The situation is unlikely to improve before the October rains.
Peter Aldous
Will the Secretary of State set out the steps that his Department is taking to build long-term resilience in the national agricultural systems in the countries in the horn of Africa so as to reduce the impact of potential crises such as the one they face?
Mr Mitchell
My hon. Friend is right to make it clear that food security over the longer term is the key way to tackle such disasters. It is also true, however, that it is no fault of the horn of Africa that there have been no rains for the past two years and that a serious situation has been exacerbated by that. I can tell him that there has been significant progress and over the past 20 years, for example, the incidence of acute malnutrition in Ethiopia has gone down by some 50%.
Ann Clwyd (Cynon Valley) (Lab)
The Minister does not have to visit the region to know what the problem is. Every night on television we are seeing children dying, the elderly dying and livestock dying—it is obvious what is happening. The aid agencies are short of money and surely we can do more right now.
Mr Mitchell
I can reassure the right hon. Lady. We were the first people to make it clear that we would give strong support, helping 1.3 million people in Ethiopia and ensuring that mothers with babies and children—330,000 of them—would receive rapid support. The Disasters Emergency Committee appeal has kicked into play and we are considering additional support to that which we are already giving to take account of the situation that she described in southern Somalia and particularly in Dadaab, which is now the biggest refugee camp in the world.
Mr Edward Leigh (Gainsborough) (Con)
The House is full, everybody is chattering, everybody is obsessed by Murdoch but millions of people are in danger of dying in the horn of Africa. Will my right hon. Friend assure me that this is an absolute priority for him and that all the bureaucratic restraints that stop help going in this uniquely challenging environment—usually useful things such as value for money and protecting our workers—will be laid aside and that he will go right in there and help those suffering people?
Mr Mitchell
My hon. Friend has eloquently made the case for the world taking urgent action to ensure that what is currently a crisis does not develop into a disaster. He has my assurance that the British Government are doing everything they can to help and I will, as I say, be going to Dadaab at the weekend with the head of the Disasters Emergency Committee appeal. Together, we will look to see what additional work Britain and the international community can do to help.
Mr David Evennett (Bexleyheath and Crayford) (Con)
T1. If he will make a statement on his departmental responsibilities.
The Secretary of State for International Development (Mr Andrew Mitchell)
We are delivering the results agenda through our 27 bilateral programmes and we are working to tackle the emergency unfolding in the horn of Africa. We are acting quickly and decisively, as I have said, to prevent this crisis from becoming a catastrophe. We are also continuing to co-ordinate Britain’s contribution to post-conflict stabilisation in Libya for the time when the fighting is over. Since our last Question Time, Britain has chaired and led the drive to fund the next stage of the Global Alliance for Vaccines and Immunisation for the poor world.
Mr Evennett
I thank the Secretary of State for his response. With a record number of countries applying for vaccine funding from GAVI, what results does he expect to be achieved following last month’s success at London’s pledging conference of Ministers, business leaders and charities?
Mr Mitchell
My hon. Friend is right that the conference was an extraordinary success—exceeding the pledge target of $3.7 billion by some $600 million. As a result, the world will be able to vaccinate a quarter of a billion children over the next five years. Britain will vaccinate a child every two seconds and save a child’s life every two minutes as a result of this initiative.
Mark Lazarowicz (Edinburgh North and Leith) (Lab/Co-op)
I am sure that all Members will join me in congratulating South Sudan on achieving independence at the weekend. The Government of South Sudan are now planning to review all their international oil contracts. Does the Minister agree that although our aid is important for desperately poor people in South Sudan, it is vital that global oil companies pay their fair share of their profits in tax in that country? Will he ensure that DFID uses its expertise to help South Sudan to get fair tax returns from the oil companies?
Mr Mitchell
The hon. Gentleman is right that that country has just been born and has $1.7 billion of revenues, and it is essential that the money is used transparently. Britain is a very strong leader on the extractive industries transparency initiative and my right hon. Friend the Chancellor of the Exchequer has made it clear that he expects the European Union to look at how it can develop its own version of the Dodd-Frank legislation that has been laid in the United States.
Neil Carmichael (Stroud) (Con)
T6. Will my right hon. Friend update the House on the progress being made on developing resistance to malaria?
Mr Mitchell
My hon. Friend will have had a chance to read the detailed plan that has been set out. Britain is committed, over the next five years, to ensuring that the prevalence of malaria in the most affected countries is reduced by 50%. We believe that tackling malaria, which kills so many children needlessly every day, should be towards the top of our list of initiatives.
Lyn Brown (West Ham) (Lab)
T2. I was privileged to be part of a delegation that visited the Democratic Republic of the Congo and monitored the last election there and I was really moved when I talked to women there about their experiences of rape and sexual violence. I would be very grateful if the Secretary of State would tell me what support he is managing to offer to Margot Wallstrom, the UN Secretary-General’s special envoy on sexual violence in conflict.
Mr Mitchell
The hon. Lady is absolutely right. The tackling of sexual violence and violence against women is now embedded in all our bilateral programmes. In the DRC, the International Rescue Committee is doing outstanding work on this specific agenda, as I hope she will have seen during her visit. She has our commitment that the coalition Government have always said that putting girls and women at the forefront of our international development efforts is essential.
Peter Aldous (Waveney) (Con)
T7. Following President Obama’s decision to cut $800 million of aid to Pakistan, can the Secretary of State allay the concerns of some of my constituents that the UK’s aid budget there is necessary and is being well spent?
Mr Mitchell
My hon. Friend is right. The $800 million is part of the US military budget. All of Britain’s aid that is spent in Pakistan, which is particularly focused on trying to get 4 million children, especially girls, into school, is not spent through the Government. We are very anxious to ensure that there is always accountability to the British public and that aid is transparently used. Those policies will continue.
Mrs Linda Riordan (Halifax) (Lab/Co-op)
T4. It is just 12 months since the devastating floods in Pakistan. Will the Secretary of State outline what support his Department has given to help rebuild that country?
Mr Mitchell
The hon. Lady is right that the floods had a devastating effect in Pakistan as I have seen for myself on my frequent visits there. Britain was at the forefront of the countries coming to support Pakistan when the floods struck and we have been very strongly engaged, not least in helping people to continue their livelihoods and in getting children back into school in the aftermath of, and recovery from, those floods.
Amber Rudd (Hastings and Rye) (Con)
T8. In Afghanistan the depreciation of the afghani has sent the price of basic staples soaring by 7% in just one week. Has my right hon. Friend had conversations with the Afghanistan Government about how to improve food security, with the winter approaching?
Mr Mitchell
My hon. Friend is right that across the world, not just in Afghanistan, the price of food, particularly staples, has rocketed in recent months and years. Britain is specifically engaged in Afghanistan in trying to help secure the wheat harvest and ensuring that farmers have wheat seeds to plant. We focus on this area keenly for precisely the reasons that she has set out.
Duncan Hames (Chippenham) (LD)
Q1. If he will list his official engagements for Wednesday 13 July.
The Prime Minister (Mr David Cameron)
This morning I had meetings with ministerial colleagues and others, and in addition to my duties in the House, I shall have further such meetings later today.
Duncan Hames
Secretly deleting voicemails left for a missing teenager, buying the silence of public figures who would incriminate your business, and publishing the confidential medical details of a disabled child who just happens to have a famous father: I ask the Prime Minister—are any of these the actions of a fit and proper person?
The Prime Minister
My hon. Friend makes an extremely powerful point in a powerful way. We have to be clear about what is happening here. There is a firestorm, if you like, that is engulfing parts of the media, parts of the police and, indeed, our political system’s ability to respond. What we must do in the coming days and weeks is think above all of the victims, such as the Dowler family, who are watching this today, and make doubly sure that we get to the bottom of what happened and prosecute those who are guilty.
Edward Miliband (Doncaster North) (Lab)
Yesterday I met the family of Milly Dowler, who have shown incredible bravery and strength in speaking out about what happened to them, the hacking of their daughter’s phone, and their terrible treatment at the hands of the News of the World. I am sure the whole House will want to pay tribute to their courage and bravery. [Hon. Members: “Hear, hear.”] Does the Prime Minister now agree with me that it is an insult to the family that Rebekah Brooks, who was editor of the News of the World at the time, is still in her post at News International?
The Prime Minister
I have made it very clear that she was right to resign and that that resignation should have been accepted. There needs to be root-and-branch change at this entire organisation. It has now become increasingly clear that while everybody, to start with, wanted in some way to separate what was happening at News International and what is happening with BSkyB, that is simply not possible. What has happened at this company is disgraceful. It has got to be addressed at every level and they should stop thinking about mergers when they have to sort out the mess they have created.
Edward Miliband
I thank the Prime Minister for that answer. He is right to take the position that Rebekah Brooks should go. When such a serious cloud hangs over News Corporation, and with the abuses and the systematic pattern of deceit that we have seen, does he agree with me—he clearly does—that it would be quite wrong for them to expand their stake in the British media? Does he further agree that if the House of Commons speaks with one voice today—I hope the Prime Minister will come to the debate—Rupert Murdoch should drop his bid for BSkyB, recognise that the world has changed, and listen to this House of Commons?
The Prime Minister
I agree with what the right hon. Gentleman has said. It is good that the House of Commons is going to speak with one voice. As he knows, the Government have a job to do to act at all times within the law, and my right hon. Friend the Culture Secretary has to obey every aspect of the law—laws that were on the whole put in place by the last Government.
The Prime Minister
And yes, as the hon. Gentleman says, we should look at amending the laws. We should make sure that the “fit and proper” test is right. We should make sure that the Competition Act 1998 and the Enterprise Act 2002 are right. It is perfectly acceptable, at one and the same time, to obey the law as a Government but to send a message from the House of Commons that this business has got to stop the business of mergers and get on with the business of cleaning its stables.
Edward Miliband
I look forward to debating these issues with the Leader of the House, who will be speaking for the Government later in the debate. I know the Prime Minister is to make a statement shortly about the inquiry, but can he confirm something that we agreed last night—that we need to make sure that we get to the bottom not just of what happened at our newspapers, but of the relationships between politicians and the press? Does he agree that if we expect editors and members of the press to give evidence under oath, so should current and past politicians?
The Prime Minister
I agree with that. First, on the issue of the debate, we are debating now, which is right, and we are going to have a statement in the House of Commons, and I will stand here and answer questions from as many Members of Parliament who want to ask them. I think we should focus on the substance.
As the Leader of the Opposition said, we had an excellent meeting last night. We discussed the nature of the inquiry that needs to take place. We discussed the terms of reference. I sent those terms of reference to his office this morning. We have had some amendments. We are happy to accept those amendments. They will still be draft terms of reference, and I want to hear what the Dowler family and others have to say so that we can move ahead in a way that takes the whole country with us as we deal with this problem.
I also think that if we are going to say to the police, “You must be more transparent and cut out corruption”, and if we are going to say to the media, “You must be more transparent and cut out this malpractice”, then yes, the relationship between politicians and the media must change and we must be more transparent, too, about meetings, particularly with executives, editors, proprietors and the rest of it, and I will be setting out some proposals for precisely that in a minute or two.
Edward Miliband
I want to thank the Prime Minister for those answers; they are answers the whole country will have wanted to hear. Can I also ask him to clear up one specific issue? It has now been confirmed that his chief of staff and his director of strategy were given specific information before the general election by The Guardian. The information showed that Andy Coulson, while editing the News of the World, had hired Jonathan Rees, a man jailed for seven years for a criminal conspiracy and who had made payments to police on behalf of the News of the World. Can the Prime Minister tell us what happened to that significant information that was given to his chief of staff?
The Prime Minister
I would like to answer this, if I may, Mr Speaker, in full, and I do need to give a very full answer. First, all these questions relate to the fact that I hired a tabloid editor. I did so on the basis of assurances he gave me that he did not know about the phone hacking and was not involved in criminality. He gave those self-same assurances to the police, to a Select Committee of this House and under oath to a court of law. If it turns out he lied, it will not just be that he should not have been in government; it will be that he should be prosecuted. But I do believe that we must stick to the principle that you are innocent until proven guilty.
Now, let me deal directly with the information given to my office by figures from The Guardian in February last year. First, this information was not passed on to me, but let me be clear that this was not some secret stash of information; almost all of it was published in The Guardian in February 2010, at the same time my office was approached. It contained no allegations directly linking Andy Coulson to illegal behaviour and it did not shed any further light on the issue of phone hacking, so it was not drawn to my attention by my office.
What is more, Mr Speaker—let me just make this point—I met the editor of The Guardian the very next month and he did not raise it with me once. I met him a year later and he did not raise it then either. Indeed, if this information is so significant, why have I been asked not one question about it at a press conference or in this House? The reason is that it did not add anything to the assurances that I was given. Let me say once more that if I was lied to, if the police were lied to, or if the Select Committee was lied to, it would be a matter of deep regret and a matter for a criminal prosecution. [Interruption.]
Mr Speaker
Order. Anybody might think that orchestrated noise is taking place—[Interruption.] Order. The House will come to order and these exchanges will continue in an orderly way.
Edward Miliband
The Prime Minister has just made a very important admission. He has admitted that his chief of staff was given information before the general election that Andy Coulson had hired a man who had been jailed for seven years for a criminal conspiracy and who made payments to the police on behalf of the News of the World. This evidence casts serious doubt on Mr Coulson’s assurances that the phone hacking over which he resigned was an isolated example of illegal activity. The Prime Minister says that his chief of staff did not pass on this very serious information. Can he now tell us what action he proposes to take against his chief of staff?
The Prime Minister
I have given, I think, the fullest possible answer I could to the right hon. Gentleman. Let me just say this. He can stand there and ask questions about Andy Coulson. I can stand here and ask questions about Tom Baldwin. He can ask questions about my private office. I can ask questions about Damian McBride. But do you know what, Mr Speaker, I think the public and the victims of this appalling scandal want us to rise above this and deal with the problems that this country faces.
Edward Miliband
He just doesn’t get it, Mr Speaker. I say this to the Prime Minister. He was warned by the Deputy Prime Minister about hiring Andy Coulson. He was warned by Lord Ashdown about hiring Andy Coulson. He has now admitted in the House of Commons today that his chief of staff was given complete evidence which contradicted Andy Coulson’s previous account. The Prime Minister must now publish the fullest account of all the information that was provided and what he did and why those warnings went unheeded. Most of all, he should apologise for the catastrophic error of judgment he made in hiring Andy Coulson.
The Prime Minister
I am afraid, Mr Speaker, that the person who is not getting it is the Leader of the Opposition. What the public want us to do is address this firestorm. They want us to sort out bad practices at the media. They want us to fix the corruption in the police. They want a proper public inquiry. And they are entitled to ask, when these problems went on for so long, for so many years, what was it that happened in the last decade? When was the police investigation that did not work? Where was the public inquiry over the last 10 years? We have now got a full-on police investigation that will see proper prosecutions and, I hope, proper convictions, and we will have a public inquiry run by a judge to get to the bottom of this issue. That is the leadership I am determined to provide. [Interruption.]
Mr Speaker
Order. Mr David—[Interruption.] Order. Mr David—[Interruption.] Order. I say to the Children’s Minister: try to calm down and behave like an adult, and if you cannot—if it is beyond you—leave the Chamber and we will manage without you. Mr David Ward.
Mr David Ward (Bradford East) (LD)
Q2. Thank you, Mr Speaker. What a case of the—[Interruption.]
Mr Speaker
Order. This is intolerable behaviour as far as the public—[Interruption.] No, it is not funny. Only in your mind, Mr Loughton, is it funny. It is not funny at all; it is disgraceful.
Mr Ward
What a case of the pot calling the kettle black, but perhaps we can just have a pantomime interval for a moment. Is the Prime Minister aware that there are now young people in Bradford being quoted, without convictions or claims, £53,000 to insure their first car? These ridiculous premiums are being driven by insurance companies selling fresh details to personal injury lawyers. What are we going to do to outlaw—
The Prime Minister
My hon. Friend makes a very good point about the problem of referral fees that are driving up the cost of insurance for many people. The right hon. Member for Blackburn (Mr Straw) has made some very powerful points about this. There was a report to the Government calling for referral fees to be banned. I am very sympathetic to this, and I know my right hon. and learned Friend the Justice Secretary is too, and we hope to make some progress.
Ian Lucas (Wrexham) (Lab)
Q3. Will the Prime Minister, if asked, give evidence to the judge-led public inquiry that he is setting up today?
The Prime Minister
Of course. The point about the inquiry, which I will be announcing in a moment or two, is that it will be judge led, it will take its powers from the Inquiries Act 2005, and it will be able to call people under oath. I think this is absolutely vital. As I say, there are three pillars to this. There is the issue of police corruption, there is the issue of what happened at the media, and there are also questions for politicians past, present and future.
Matthew Hancock (West Suffolk) (Con)
Q4. My constituents are increasingly concerned about the deepening problems in the eurozone. Will the Prime Minister reassure me that he is doing everything he can to keep us out of it and to urge the eurozone to act?
The Prime Minister
My hon. Friend is right that we have got to stay out of the eurozone. Being a member of the euro would take away the flexibility we currently have. We have to remember that 40% of our exports go to eurozone countries. We should therefore be making constructive suggestions about proper stress tests for their banks, backed up by recapitalisation; involving the private sector to make Greece’s debt burden more sustainable; and earning fiscal credibility through concrete action to reduce their excessive deficits. Basically, in my view eurozone countries have to recognise that they have to do more together and faster; they have to get ahead of the market rather than just respond to the next crisis.
Mrs Mary Glindon (North Tyneside) (Lab)
Q5. Lord Ashdown says that he warned No. 10 last year of the terrible damage that it would suffer if Andy Coulson was appointed. Can the Prime Minister say precisely how he reacted to that powerful warning?
The Prime Minister
I made this point some moments ago. Of course, the decision to employ a tabloid editor meant that there were a number of people who said that it was not a good idea, particularly when that tabloid editor had been at the News of the World when bad things had happened. The decision I made was to accept the assurances that he gave me. As I have said, those assurances were given to the police, a Select Committee and a court of law. If I was lied to and others were lied to, that would be a matter of deep regret. I could not be clearer about it than that. We must ensure that we judge people as innocent until proven guilty.
Andrew Percy (Brigg and Goole) (Con)
This week I received another e-mail from a constituent regarding metal and cable theft. This time, it told of an elderly lady who had a fall at home and was unable to raise the alarm because the cables in the village had been stolen for the second time in about as many weeks. This is a growing problem across the country. The legislation relating to this matter dates back to 1964. Please can we have an urgent review to ensure that scrap metal dealers who accept stolen metal are prevented from doing so and prosecuted?
The Prime Minister
I have every sympathy with my hon. Friend. There was a case in my constituency where the lead from the Witney church roof was stolen. I have been trying to ensure that these crimes are taken seriously by the police, because they put massive costs on to voluntary bodies, churches, charities and businesses. We must ensure that they are not seen as second-order crimes, because the level of this crime is growing and it is very worrying.
Mr Tom Watson (West Bromwich East) (Lab)
Q6. The debate this afternoon will be vital, because it will show the House united in its revulsion at what was done to Milly Dowler’s family. May I ask the Prime Minister to make urgent inquiries into whether families of the victims of 9/11 were similarly targeted by the criminals at News International? If they were, will he raise it with his counterpart in the United States?
The Prime Minister
I will certainly look at that. In the statement I am about to make, I will give some figures for just how many people’s phones the Metropolitan police currently think were hacked and how many of them they have contacted so far. They have pledged to contact every single one. I met the Metropolitan Police Commissioner Paul Stephenson last night to seek further reassurances about the scale of the police operation that is under way. In what was—if we can put it this way—a mixed appearance by police officers at the Home Affairs Committee yesterday, I thought that Sue Akers, who is leading this investigation, acquitted herself extremely well. We should have confidence that the Metropolitan police will get to the bottom of this.
Dr Thérèse Coffey (Suffolk Coastal) (Con)
Q7. With its ambition of being the greenest county, Suffolk is already committed to a low-carbon world with offshore wind farms, anaerobic digestion, nuclear power and a recycling rate of more than 60%. The Prime Minister is always welcome to visit. Will he give his backing to our local enterprise partnership’s ambition to enhance skills training to fill the new job opportunities that will be created locally?
The Prime Minister
My hon. Friend makes a good point. I congratulate her on branding Suffolk as “the green coast”. There is a big opportunity, particularly in the light of what my right hon. Friend the Secretary of State for Energy and Climate Change has said, in green jobs, renewable energy and new nuclear. A vital thing to encourage the inward investment that we want is to demonstrate that we will build up our skills base. That is where local enterprise partnerships can play such a valuable role.
Rushanara Ali (Bethnal Green and Bow) (Lab)
Q8. Can the Prime Minister tell the House whether he had any conversations about phone hacking with Andy Coulson at the time of his resignation? Will he place in the Library a log of any meetings and phone calls between him and Andy Coulson following his resignation?
The Prime Minister
As I said, perhaps before the hon. Lady wrote her question—or had it written—of course I sought assurances from Andy Coulson and those assurances were given. [Interruption.] Yes, absolutely. Those assurances were given not just at the time to me but subsequently to the Select Committee and to a criminal case under oath. They were repeatedly given. Let me say again for the avoidance of any doubt that if those assurances turn out not to be true, the point is not just that he should not have worked in government, it is that he should, like others, face the full force of the law.
Mr David Burrowes (Enfield, Southgate) (Con)
Q9. Can I raise with the Prime Minister a different case of hacking—the computer hacker Gary McKinnon? While I recognise that the Home Secretary has a legal process to follow, does the Prime Minister share the concern for my constituent’s nine-year nightmare? He feels that his life is literally hanging by a thread that is waiting to be cut by extradition.
The Prime Minister
I do recognise the seriousness of this case, and the Deputy Prime Minister and I actually raised it with President Obama when he visited. I think the point is that it is not so much about the alleged offence, which everyone knows is a very serious offence, and we can understand why the Americans feel so strongly about it. The case is now in front of my right hon. Friend the Home Secretary, who has to consider reports about Gary McKinnon’s health and well-being. It is right that she does that in a proper and effectively—I am sorry to use the word again today—quasi-judicial way.
Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
In these days of a rush to make savage cuts in public spending, the decimation of the police service and the hammering of individuals because of the withdrawal of legal aid, can I ask the Prime Minister to justify the following expenditure? At the beginning of last month, a serviceman from Northern Ireland asked for a non-urgent pair of boots costing £45. They were dispatched from defence base Bicester by private courier to Northern Ireland, at a cost of £714.80. Is it not time the Prime Minister got a grip of this?
The Prime Minister
I know that former Health Ministers wanted to hear the rattle of every bedpan, and maybe I need to see the order of every pair of boots in the military, but I recognise the point the right hon. Gentleman makes. One of the things we are trying to do in the Ministry of Defence is recognise that there is a huge amount of back-office and logistics costs, and we want to make that more efficient so that we can actually spend money on the front line. The example he gives is a good one, and I shall check it out and see if we can save some money.
Mr Graham Stuart (Beverley and Holderness) (Con)
Q10. Can the Prime Minister assure the House that all illegal press activity under the last Government will be investigated now, and that that will include the criminal conspiracy between the highest levels in that last Government and parts of the Murdoch empire, including the blagging of bank accounts of Lord Ashcroft in a bid to undermine him and his position as laid out in “Dirty politics, Dirty times”?
The Prime Minister
The point about the inquiry that we are shortly going to discuss is that it will look at the relationship between politicians and media groups, across the whole issue of that relationship including as it relates to media policy. I think that is extremely important. The inquiry will have the ability to call politicians—serving politicians and previous Prime Ministers—to get to the bottom of what happened and how unhealthy the relationship was. That is what needs to happen.
Margaret Hodge (Barking) (Lab)
On Monday, the MOD permanent secretary told the Public Accounts Committee that the Prime Minister himself blocked the National Audit Office from accessing relevant National Security Council documents. The auditors considered them essential to assess whether the decisions on the aircraft carrier in the defence review represented value for money. That refusal is unprecedented. In the interests of full transparency and accountability to Parliament, will the Prime Minister now agree to immediately release the information that the NAO needs?
The Prime Minister
The short answer is that we were following precedent, but the long answer is that if the right hon. Lady wants me to come to her Committee and explain what an appalling set of decisions the last Government made on aircraft carriers, I will. The delay alone by the Government whom she worked for added £1.6 billion to the cost of the aircraft carriers. So if she wants me to turn up and not just tell her what we discussed in Cabinet but lay out the full detail of the waste that her Government were responsible for, name the day.
Malcolm Bruce (Gordon) (LD)
Q11. Following a question from me to the Prime Minister’s predecessor three and a half years ago, the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown) set up pilot schemes to provide sign language support for deaf parents and their children in Devon and Merseyside. Those have now been completed, and they were a huge success. Will the Prime Minister meet a delegation of deaf parents, their children and their representatives to discuss how that sign language support can be extended to all children and their parents across the UK?
The Prime Minister
My right hon. Friend makes a very good point. We do a lot to support different languages throughout the UK. Signing is an incredibly valuable language for many people in our country. Those pilot schemes were successful. I looked at what the previous Prime Minister said to him when he asked that question, and I will certainly arrange a meeting for him with the Department for Education to see how we can take this forward.
Mr Geoffrey Robinson (Coventry North West) (Lab)
My question to the Prime Minister concerns the contract for the Thameslink rail programme. As he will be aware, that is of great concern throughout the House, and with 20,000 manufacturing jobs at risk, it is right that it should be. Will he confirm that no contract has yet been signed, and indeed that no contract can be let or signed until the funding package is determined? That is a complicated process.
This is the heart of my question to the Prime Minister: given that the funding package—[Interruption.] Twenty thousand jobs are at stake! Given that 20,000 jobs are at risk, will the Prime Minister look at holding the competition for that funding package with the Secretary of State for Trade—
The Prime Minister
I know that the right hon. Gentleman cares deeply about this issue. Bombardier is a great company, and it has a great future in our country. We want to see it succeed, but I have to say that in this case, the procurement process was designed and initiated by the previous Government. This Government were bound by the criteria that they set, and therefore we have to continue with a decision that has been made according to those criteria. But we are now looking at all the EU rules and the procurement rules to see whether we can change and make better for future issues like that one.
Stephen Mosley (City of Chester) (Con)
Q12. Will the Prime Minister join me in calling for the electrification of the Crewe to Chester railway line, which would provide a major and immediate boost to people in Chester and beyond in north Wales? That would also eventually link us to the much needed High Speed 2.
The Prime Minister
I am well aware of this campaign. I seem to remember spending a lot of time at Crewe station during the last Parliament, normally accompanied by people dressed in top hat and tails—some of my colleagues will remember that.
My hon. Friend’s suggestion is not in the current programme, but we will look sympathetically at it. We want to see more electrification of railway lines in our country.
Gavin Shuker (Luton South) (Lab/Co-op)
The right hon. Gentleman’s Government said that university tuition fees would average £7,500, but in actual fact they average £8,400. How can he open the UK taxpayer to such a liability of £0.8 billion over this Parliament?
The Prime Minister
Let me give the hon. Gentleman some of the figures. Only nine universities are charging £9,000 for every student; 58 universities will not charge £9,000 for any of their courses; and 108 out of 124 further education colleges will charge less than £6,000 for all their courses. However, the point I would make is this: university degrees have not suddenly started to cost £7,000, £8,000 or £9,000; they have always cost that. The question is this: do we ask graduates to pay—successful graduates who are earning more than £21,000—or do we ask the taxpayers to pay? The money does not grow on trees. We have made our choice, and the Labour party, which introduced tuition fees, must come up with its answer.
Mr James Clappison (Hertsmere) (Con)
Q13. Amid the turmoil in other European economies caused by the euro, is not it essential that this country continues to take steps to reduce its debt, and that it steers clear of paying for any future EU bail-out, whatever advice to the contrary the Prime Minister receives from the Opposition?
The Prime Minister
The point I would make is this: the problem is not only the restrictions of the euro, but the building up of unsustainable levels of debt. Although we are out of the euro, that does not mean that we do not have to deal with our debts—we absolutely do. However, we have the opportunity of being quite a safe haven for people. We can actually see our market interest rates come down because of the action that this Government are taking. We must keep that up, but we must also recognise that the eurozone sorting out its own problems is in our interests, so we must be helpful and constructive with the work that needs to be done.
Yvonne Fovargue (Makerfield) (Lab)
Q14. Last week, I was approached about a fee-paying debt management company that had advised its client to take out a remortgage for £50,000 to pay his debts. The company paid £11,000 to his creditors and went out of business, taking the rest of his money. I have many other examples like this. Self-regulation simply is not working in this industry. Will the Prime Minister urgently consider regulating the sector and provide the Office of Fair Trading with the resources necessary to take enforcement action swiftly so that vulnerable people do not continue to be ripped off?
The Prime Minister
I know that the hon. Lady has not just constituency experience of this but managed a citizens advice bureau, and so has huge experience of people with debt problems. Citizens Advice is probably the finest organisation in our country for helping people with debt. I will certainly consider her suggestion to consider whether the sector can be better regulated, what we can do to support citizens advice bureaux at this difficult time, and the issue of credit unions and how we can lead to their expansion.
Gavin Barwell (Croydon Central) (Con)
Q15. The whole House will share the outrage that the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown) expressed this week about the publication of private medical information relating to his son. He also said that when he was Prime Minister he tried to set up a judicial inquiry into phone hacking. Will my right hon. Friend tell me what detailed preparatory work he inherited?
The Prime Minister
I have every sympathy with my predecessor, particularly over the blagging of his details by a newspaper, if that is what happened. In public life we are all subject to huge amounts of extra scrutiny, and that is fair, but it is not fair when laws are broken. We have all suffered from this, and the fact is that we have all been too silent about it. That is part of the problem. Your bins are gone through by some media organisation, but you hold back from dealing with it because you want good relations with the media. We need some honesty about this issue on a cross-party basis so that we can take on this problem.
I have to say that I did not inherit any work on a public inquiry, but I am determined that the one we will set up, with the support of the right hon. Gentleman the Leader of the Opposition, will get the job done.
Mr Michael McCann (East Kilbride, Strathaven and Lesmahagow) (Lab)
The 45th international children’s games will come to the fair county of Lanarkshire at the start of August. Some 1,500 12 to 15-year-olds will participate in nine sports across the county. Will the Prime Minister congratulate two Labour local authorities—North Lanarkshire council and South Lanarkshire council—on their foresight in bidding for and hosting the games? Will he send a representative of the Government to the event?
The Prime Minister
I certainly congratulate the two local authorities. Tragically, there are not too many Conservative local authorities I can congratulate in Scotland. However, I am happy to congratulate the hon. Gentleman’s. It sounds like an excellent initiative, and I wish everyone taking part the very best of luck.
Zac Goldsmith (Richmond Park) (Con)
Will the Prime Minister confirm that all witnesses to all aspects of the promised inquiry will be required to give evidence under oath?
The Prime Minister
As I will explain in a minute, there will be one inquiry but with two parts, and it will be led by a judge, who will be the one who will eventually agree the terms of reference, set out the way it will work and be responsible for calling people under oath.
Abolition of Cheques
(12 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text
Mr Nicholas Brown (Newcastle upon Tyne East) (Lab)
I should like to present a petition on behalf of my constituent Dr Helen Gilthorpe, declaring that the petitioners
are profoundly concerned by the proposed abolition of cheques.
It is accompanied by another petition in similar terms signed by some 60 of my constituents, many resident at the Abbeyfield care home in my constituency.
I know that the arguments for the retention of cheques are well understood by the House. The cheque is still the second largest means of payment by value in this country, and cheques are a convenient way of paying bills and making donations to charity. Some 46% of cheque use is by those aged 55 and over, and the campaign to keep the cheque is supported by groups ranging from Age UK to the Federation of Small Businesses. I understand that the Payments Council has announced the suspension of its proposal to abolish cheques, and I hope that it will take this petition as further support for that decision.
Following is the full text of the petition:
[The Petition of Dr H. Gilthorpe and others,
Declares that the Petitioners are profoundly concerned by the abolition of cheques.
The Petitioners therefore request that the House of Commons urges the Government to encourage the Payments Council to reverse the decision to abolish cheques and maintain them as a method of payment for the foreseeable future.
And the Petitioners remain, etc.]
[P000939]
EU Referendum
(12 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text
Kate Hoey (Vauxhall) (Lab)
I have great pleasure in bringing to the House the first of what I think will be many, many thousand petitions coming over the next few months on the importance of and need for a referendum on this country’s membership of the European Union. As many Members know, there is a growing campaign on that across the country, and I am very pleased that I am able to bring along some signatures that were collected in a very short space of time at the weekend in my constituency and in Lambeth. I believe that we will be seeing a lot more of these petitions over the coming months, as people in this country finally wake up and start campaigning to get a referendum, which is greatly needed, on whether we should stay in or leave the European Union.
The petition states:
The Humble Petition of constituents from London and others,
Sheweth that the Petitioners believe that the Government should allow the British people a referendum on the United Kingdom’s continued membership of the European Union.
Wherefore your Petitioners pray that your Honourable House urges the Government to bring forward legislative proposals to allow the British people a referendum on the United Kingdom’s continued membership of the European Union.
And your Petitioners, as in duty bound, will ever pray, &c.
[P000940]
Protection of Y Morfa (Prestatyn)
(12 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text
Chris Ruane (Vale of Clwyd) (Lab)
As a Welshman, Mr Deputy Speaker, you will be aware that y morfa is Welsh for marsh. Marshes are not ideal places to build, but nevertheless, some developers want to build on Y Morfa in Prestatyn, and the good people of Prestatyn are opposed to that.
The petition states:
The petition of residents of the Vale of Clwyd,
Declares that the petitioners support Chris Ruane MP’s call for Y Morfa, Prestatyn, Denbighshire to be protected from development in perpetuity; that the Petitioners regard it as important as a wetland area and wildlife habitat and the role it plays in protecting Prestatyn from flooding; and further declares that the Petitioners support Prestatyn and District Environmental Association’s proposal to have it designated green open space under the Queen Elizabeth II Jubilee Trust to mark the Queen’s Diamond Jubilee.
The Petitioners therefore request that the House of Commons urges the Government to strengthen measures to protect wetlands, public open space and areas at risk of flooding from future development.
And the Petitioners remain, etc.
[P000942]
Development on the Riverside Gardens, Erith
(12 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text
Mr Deputy Speaker (Mr Nigel Evans)
Showing the generosity of spirit of the House, I call Ms Teresa Pearce.
Teresa Pearce (Erith and Thamesmead) (Lab)
I am extremely grateful, Mr Deputy Speaker.
I wish to present a petition on behalf of the members of the Friends of Riverside Gardens Erith group and other residents of the London borough of Bexley who support its campaign. The petitioners oppose plans by Bexley council to sell part of the Riverside gardens to developers, so that a tower block of flats can be built on the only riverside green space in Erith. The petitioners want the Riverside gardens to be designated as a town green, so that the only Thames riverside open space in Bexley is preserved, and they have my full support. The petition has 1,440 signatures.
The petition to the House of Commons states:
The Petition of residents of the London Borough of Bexley,
Declares that the petitioners oppose Bexley Council’s Erith Western Gateway plan to allow for blocks of flats to be built on part of the Riverside Gardens in Erith; that the Riverside Gardens were gifted to the people of Erith by the former coal company William Cory and Son for use by the local community; and that the Riverside Gardens should be designated a Town Green and protected as an open green space.
The Petitioners therefore request that the House of Commons urges the Secretary of State for Communities and Local Government to allow for greater protection for green areas of particular importance to local communities in the Localism Bill, as outlined in his Department’s plan 2011-2015.
And the Petitioners remain, etc.
[P000938]
Phone Hacking
(12 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Prime Minister (Mr David Cameron)
With permission, Mr Speaker, I would like to make a statement. In recent days, the whole country has been shocked by the revelations of the phone hacking scandal. What this country—and the House—has to confront is an episode that is, frankly, disgraceful: accusations of widespread lawbreaking by parts of our press: alleged corruption by some police officers; and, as we have just discussed, the failure of our political system over many, many years to tackle a problem that has been getting worse. We must at all times keep the real victims at the front and centre of this debate. Relatives of those who died at the hands of terrorism, war heroes and murder victims—people who have already suffered in a way that we can barely imagine—have been made to suffer all over again.
I believe that we all want the same thing: press, police and politicians who serve the public. Last night the Deputy Prime Minister and I met the Leader of the Opposition. I also met the Chairs of the Culture, Media and Sport Committee, the Home Affairs Committee and the Justice Committee to discuss the best way forward. Following these consultations, I want to set out today how we intend to proceed: first, on the public inquiry; secondly, on the issues surrounding News International’s proposed takeover of BSkyB; and thirdly, on ethics in the police service and its relationship with the press.
Before I do that, I will update the House on the current criminal investigation into phone hacking. I met Sir Paul Stephenson last night. He assured me that the investigation is fully resourced. It is one of the largest currently under way in the country, and is being carried out by a completely different team from the one that carried out the original investigation. It is being led by Deputy Assistant Commissioner Sue Akers, who I believe impressed the Home Affairs Committee yesterday. Her team is looking through 11,000 pages containing 3,870 names, and around 4,000 mobile and 5,000 landline phone numbers. The team has contacted 170 people so far, and will contact every single person named in those documents. The commissioner’s office informed me this morning that the team has so far made eight arrests and undertaken numerous interviews.
Let me now turn to the action that the Government are taking. Last week in the House I set out our intention to establish an independent public inquiry into phone hacking and other illegal practices in the British press. We have looked carefully at what the nature of the inquiry should be. We want it to be one that is as robust as possible—one that can get to the truth fastest and also get to work the quickest, and, vitally, one that commands the full confidence of the public. Clearly there are two pieces of work that have to be done. First, we need a full investigation into wrongdoing in the press and the police, including the failure of the first police investigation. Secondly, we need a review of regulation of the press. We would like to get on with both those elements as quickly as possible, while being mindful of the ongoing criminal investigations. So, after listening carefully, we have decided that the best way to proceed is with one inquiry, but in two parts.
I can tell the House that the inquiry will be led by one of the most senior judges in the country, Lord Justice Leveson. He will report to both the Home Secretary and the Secretary of State for Culture, Media and Sport. The inquiry will be established under the Inquiries Act 2005, which means that it will have the power to summon witnesses, including newspaper reporters, management, proprietors, policemen and politicians of all parties, to give evidence under oath and in public.
The Prime Minister
Proprietors were included in that list.
Starting as soon as possible, Lord Justice Leveson, assisted by a panel of senior independent figures with relevant expertise in media, broadcasting, regulation and government will inquire into the culture, practices and ethics of the press; its relationship with the police; the failure of the current system of regulation; the contacts made, and discussions had, between national newspapers and politicians; why previous warnings about press misconduct were not heeded; and the issue of cross-media ownership. He will make recommendations for a new, more effective way of regulating the press—one that supports its freedom, plurality and independence from Government, but which also demands the highest ethical and professional standards. He will also make recommendations about the future conduct of relations between politicians and the press. That part of the inquiry we hope will report within 12 months.
The second part of the inquiry will examine the extent of unlawful or improper conduct at the News of the World and other newspapers, and the way in which management failures may have allowed it to happen. That part of the inquiry will also look into the original police investigation and the issue of corrupt payments to police officers, and will consider the implications for the relationships between newspapers and the police. Lord Justice Leveson has agreed to these draft terms of reference. I am placing them in the Library today, and we will send them to the devolved Administrations. No one should be in any doubt of our intention to get to the bottom of the truth and learn the lessons for the future.
Next is the issue of News International’s bid to take over BSkyB. By the day, we are hearing shocking allegations: allegations that royal protection officers were in the pay of the News of the World and handed over the contact details of the royal family for profit; and allegations that the former Prime Minister, the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown), had his personal details blagged by another News International title. As both the alleged nature of the malpractice and the scope of the newspapers involved widen, serious questions must be asked about News Corporation’s proposed takeover of BSkyB. Added to this, News Corporation has withdrawn its proposed undertakings in lieu of reference to the Competition Commission. That is why on Monday my right hon. Friend the Secretary of State for Culture, Olympics, Media and Sport referred the bid to the Competition Commission. The relevant independent authorities will now have the time to take an exhaustive look at all the relevant issues and come to a considered decision on whether the takeover should proceed. It will then be up to the Secretary of State to make the final decision, in his quasi-judicial capacity.
In every way we are following—and we must follow—the law with respect to News International’s proposed acquisition of BSkyB, but let me repeat what I said on Monday. In my view, this business should be focused not on mergers and takeovers, but on clearing up the mess and getting its house in order, and that is what the House will be voting on tonight. Let me also say this. The people involved, whether they were directly responsible for the wrongdoing, whether they sanctioned it or whether they covered it up, and however high or low they go, must not only be brought to justice; they must also have no future role in running a media company in our country.
Now let me turn to the issue of ethics in the police, and in particular their relationship with the press. Of course it is important that there is a good relationship between the media and the police. Police often use newspapers and other media to hunt down wanted criminals and to appeal for information. However, allegations have been made that some corrupt police officers may have taken payments from newspapers. And there are wider concerns that the relationship between the police and the press can also be too close.
When I spoke to Sir Paul Stephenson yesterday, he made it clear that he is as determined as I am that all aspects of the police relationship with the media should be beyond reproach. On the allegation concerning improper payments to police officers, I can assure the House that the Metropolitan police immediately referred the case to the Independent Police Complaints Commission. Since then, the IPCC’s most senior commissioner has been supervising the Met’s work to identify the officers who may have taken these payments. As soon as any officers are identified, the commission has publicly made it clear that it will move to a full independent investigation drawing on all the available expertise necessary so that the public are reassured.
My right hon. Friend the Home Secretary has been assured by the commission that it has both the powers and the resources needed to see this through. It will go wherever the evidence leads it, and it will have full powers to investigate fully any police wrongdoing that it might uncover. The Home Secretary has also today commissioned a report from the IPCC on its experience of investigating corruption in the police service and any lessons that can be learned. The initial findings of this will be delivered to her by the end of the summer. I can also tell the House that in addition to the work of the judicial inquiry on the wider relationship between the police and the press, Sir Paul Stephenson is looking to invite a senior public figure to advise him on the ethics that should underpin that relationship for his own force, the Metropolitan police. In particular, this figure will advise him on how to ensure maximum transparency and public confidence in how the arrangements are working.
As we discussed a few moments ago, if we are calling for greater transparency from the police, I think it is only right that we provide it in Government, too. After all, as I have said, one of the reasons why we got into this situation is because, over the decades, politicians and the press have spent time courting support, not confronting the problems. So I will be consulting the Cabinet Secretary on an amendment to the ministerial code to require Ministers to record all meetings with newspaper and other media proprietors, senior editors and executives, regardless of the nature of the meeting. Permanent secretaries and special advisers will also be required to record such meetings. This information should be published quarterly. It is a first for our country, and alongside the other steps we are taking, will help to make the UK Government one of the most transparent in the world. I will also be discussing this with the Opposition, and perhaps we can adopt it on a cross-party basis.
After this statement I will be meeting the family of Milly Dowler. None of us can imagine what they have gone through, but I do know that they, like everyone else in this country, want their politicians—all of us—to bring this ugly chapter to a close, and ensure that nothing like it can ever happen again. It is in that spirit that I commend this statement to the House.
Edward Miliband (Doncaster North) (Lab)
I start by thanking the Prime Minister for his statement, and for the meeting last night. The revelations of the past week have shocked the whole country, and the public now rightly expect those of us in this House, who represent them, to provide not just an echo of that shock but the leadership necessary to start putting things right. That is why it is in the interests of the whole House and the country that we move forward swiftly, comprehensively and, wherever possible, on an agreed basis.
Let me ask the Prime Minister first about the timing, nature and scope of the inquiry. I welcome the establishment of the inquiry today. Can he confirm that it will be staffed and up and running before the recess? Can he also confirm that, from the moment the judge is appointed today, it will be an offence for anyone to destroy documents related to the issues of the inquiry? And can the Prime Minister tell us what steps he will be taking to preserve documents in Downing street that might be relevant to the judge’s inquiry?
Turning to how the inquiry will operate, we welcome a number of aspects of today’s announcement that clearly build on the way forward that we have been calling for. It is right that there should be a single judge-led inquiry; we have made it clear that it must be judge led if it is to get to the bottom of what happened and when. Can the Prime Minister confirm that it is being set up under the Inquiries Act 2005, and that it will have the power to compel witnesses? Will he explain how he envisages the judge and the panel that he mentioned operating together?
As for the scope of the inquiry, in his press conference last Friday the Prime Minister set out a number of areas that he envisaged being covered, and he has gone further today. I think it is right that the Government have now decided to follow our advice, and the clear views of the Hacked Off campaign and the Dowler family, in opting for a far broader inquiry.
Does the Prime Minister agree with me that yesterday’s important sitting of the Home Affairs Select Committee made it very clear that questions about the relationship between the media and the police run far wider than what was covered by the first investigation? We must take the steps necessary to restore the public’s faith in the police’s ability to hold to account all those who have broken the law.
Similarly, it can only be right that the inquiry has been broadened to include the relationship between politicians and the press. On the specifics of that—the relationship between politicians and the press, and the relationship between the police and the press—can the Prime Minister assure the House that these aspects of the inquiry will be very much judge led, and that those who appear as witnesses to the inquiry will be under oath? [Hon. Members: “He said that!”] If that is the case, I welcome it.
Alongside these important questions about behaviour in Britain’s newsrooms, the police and the relationship between politicians and the press, a number of additional issues need consideration. On the issue of media regulation, does he agree that our instinct should continue to be for self-regulation; but does he further agree that it needs to be proved that self-regulation can be made to work? Will he comment on the work being done on privacy issues and explain whether he sees that as being part of this investigation?
I welcome the decision to make cross-media ownership part of the inquiry. Does he agree with me that abuses of power are more likely to happen where there are excessive concentrations of power? Will he confirm that the recommendations made under this inquiry can be legislated for in the Government’s forthcoming communications Act? May I suggest that it would be wise for him to bring that Act forward from its currently planned date of 2015?
Finally, I welcome the Prime Minister’s proposals about transparency. I hope and expect he will ensure that that proposal is implemented in a retrospective way back to the last general election, so he will publish all the details—[Hon. Members: “Ah!”] So he will publish all the details of the meetings he had, and I will publish all the details of the meetings I had. Let me end by saying that people such as the Dowler family, and other members of the public who are the innocent victims of phone hacking, deserve a full and comprehensive inquiry. They need us to get on with the inquiry, to make it fully comprehensive and to get to the truth. They have my commitment and that of my party to make sure that we do everything to make that happen.
The Prime Minister
I thank the right hon. Gentleman for the helpful meeting we had last night and for the constructive attitude that he is showing in trying to get the terms of reference right and to get the inquiry under way in an agreed format. I will try to answer his questions as directly as I can.
The inquiry will start at once, in the sense of getting the terms of reference published: they will have to be consulted on and sent to the devolved institutions; we have to draw up the names for the panel—but we are not going to waste any time with that. We will get on with it. On the issue of destroying evidence, let me be clear that once a criminal investigation is under way it is a crime to destroy any evidence that could possibly relate to it—and everyone needs to bear that in mind.
Yes, this inquiry will be established under the Inquiries Act. As for the relationship between the judge and the panel, that is an important point. The panel, whose members have not yet been approached and appointed, must have a range of expertise available to it, including specialised understanding of newspaper media, but also wider than that. Those panel members will assist the judge in the work he does. As I said to the right hon. Gentleman last night, we would welcome suggestions of names of people who could bring expertise to bear.
Yes, the inquiry is now a broad one, as the right hon. Gentleman said. I think that is right, but we need to make sure that we put quite a tight time frame on it, as we need to see results. It is right to look at issues such as cross-media ownership, but it is possible to spend for ever looking at ways of measuring that, and we have to be careful that we do not have this going on for years without reaching a conclusion.
On relationships between the police and the press, and between politicians and the press—yes, everyone whom the judge wishes to call can be called to testify under oath. On the issue of media regulation, I prefer to call what we need to aim for independent regulation rather than self-regulation, which has quite a bad name now because it missed too many things. I do not want to move to a world of full statutory regulation. I worked in an industry—television—that was statutorily regulated, and it works, but I do not think it is right for the press. However, we will have to be guided by what the inquiry finds. As parties looking at the matter, I hope we do not get into a bidding war—I think that the right hon. Gentleman understands what I mean. Let us shoot for independent regulation if we can.
On the issue of privacy, of course the inquiry will consider it, but perhaps the inquiry will also look at the very good work that I know will be done by the Select Committees, on privacy and super-injunctions. On legislation, we will do that as necessary: we have a forward legislative programme, but let us see what proposals are made.
On transparency, I am consulting on the proposal to make much more transparent what Ministers do, including not just business meetings but social meetings. It is worth asking whether we should go further on meetings with journalists, as the police might want to do. I am happy to discuss how far the right hon. Gentleman wants that to go back: it was a slight case of, “Make me transparent, but not yet,” as he proposed stopping at the election, but let us have a good look at that.
Mr Speaker
Order. A very large number of colleagues wish to catch my eye, so I appeal to each Back Bencher to ask a single short supplementary question, and to the Prime Minister for his characteristically economical replies.
Mr John Whittingdale (Maldon) (Con)
I welcome the Prime Minister’s statement, and thank him for consulting me, and my two fellow Select Committee Chairmen, about the terms of reference last night. Although there is no doubt that we need a stronger system of regulation of the press in this country, will the Prime Minister bear in mind that although it was newspapers that were responsible for these wholly unacceptable and often illegal activities, it was also newspapers that exposed them? I hope he will agree that a free press is a fundamental cornerstone of a free society, and that we must do nothing to jeopardise that.
The Prime Minister
My hon. Friend speaks very good sense about this matter. Ultimately, we want not just a free press, but a free and vigorous press, which can make our lives miserable a lot of the time. That is absolutely vital. There will be those in the press who will be made nervous of a judge-led inquiry covering all the aspects of this matter, and I stress the importance of the panel in assisting the judge to ensure that the changes proposed are based on evidence of what matters and what works.
Mr Ben Bradshaw (Exeter) (Lab)
Given what the Prime Minister has said, will he now publish details of all the discussions that he and the Culture Secretary have had with News Corporation representatives since he entered Downing street? A week ago, when I asked the Prime Minister why the Government did not refer the BSkyB bid to the Competition Commission when Labour recommended it, he said:
“You would look pretty for a day, but useless for a week.”—[Official Report, 6 July 2011; Vol. 530, c. 1510.]
Does he regret that answer?
The Prime Minister
What has happened here is a massive firestorm of allegations that have got worse and worse. On both sides of the House, all of us started from the proposition that we had to keep separate the investigations that were taking place and the inquiry into BSkyB. I believe that we are now getting it right, and if the right hon. Gentleman has played a role by pushing and asking questions, I pay tribute to him. He, too, was a Culture Secretary, and knows about these issues. Just as I say to him, “Well done for pushing,” I suspect that he should also be saying to himself, “Why did we miss this for so long?”
Simon Hughes (Bermondsey and Old Southwark) (LD)
I thank the Prime Minister for his decisive announcement and for the work that he and the Deputy Prime Minister have done to ensure that the concerns that my colleagues have been expressing for 17 years, and the calls for an inquiry that we have been making for two years, have at last been accepted.
Will the inquiry look into the Information Commissioner’s reports of 2006, and why his confirmation that 31 media titles and 305 journalists were involved in illegal activities in relation to personal information were not the subject of implementation of recommendations by the Labour party in government, whose leadership continued, even as late as last December, to accuse my right hon. Friend the Business Secretary of being too critical of Murdoch?
The Prime Minister
To be fair to my right hon. Friend, the issue of the Information Commissioner’s reports—particularly the two reports he mentions—really is a rebuke not just to the previous Government but to the then Opposition. We too should have made more of those reports, which included some very important detail about what was going wrong in data handling, data theft and the rest of it. We must ensure that the inquiry asks the question, “Why were they ignored, and what are we going to do about it now?”
Mr Jack Straw (Blackburn) (Lab)
May I commend the Prime Minister on the appointment of Lord Justice Leveson, who, as I am sure the Justice Secretary will confirm, is a man of the highest intelligence and integrity, and extremely well equipped to take on the job? On the future regulation of the press, I urge the Prime Minister not to fall into the trap that some in the press are setting, by asserting that any degree of statutory regulation is bound to lead to an end of self-regulation. Given that Express Newspapers has withdrawn from the Press Complaints Commission, as it did in January, will he acknowledge that some measures may have to be imposed by statute so that there is a stronger system of self-regulation?
The Prime Minister
The right hon. Gentleman speaks some very wise words. There are ways of setting up a regulatory system that is effectively independent, that is non-statutory, that does not have the Government’s fingertips all over it, as it were, and that can do a good and trusted job, as we see in the case of advertising standards. In any case, this matter will not now be for us, but for the inquiry, and it is important that the inquiry should look into it carefully.
Nicola Blackwood (Oxford West and Abingdon) (Con)
I welcome the Prime Minister’s statement and the terms of the public inquiry that he set out, but will the public inquiry consider the role that mobile phone companies have played in the scandal, and will there also be consideration of the responsibilities that they may have to their clients, to protect their privacy?
The Prime Minister
My hon. Friend makes a good point. It takes, as it were, two to blag—someone to ask, and someone to give. We do need to consider the matter. The inquiry will have a huge amount of evidence to go through, and it will need to ensure that it has proper technical expertise to get to the bottom of the matter.
Keith Vaz (Leicester East) (Lab)
May I also welcome the inquiry and thank the Prime Minister for consulting the Home Affairs Committee on the terms of reference? He seems to have included our suggestions in his statement today. He is right to say that the Committee was concerned by some of the evidence that we received yesterday, but we were very impressed by Deputy Assistant Commissioner Sue Akers, who is going through the list at the rate of 30 victims a month, and has about 12,000 telephone numbers to go through. If the Met requires further resources, is the Prime Minister able to give it what it needs?
The Prime Minister
I thank the right hon. Gentleman for his approach and the constructive suggestions that he made last night, many of which we have put into the terms of reference. We will also consider some of his thoughts on the membership of the panel. Obviously, it is for the Met to decide how it distributes its resources. Sue Akers has two inquiries going on: one into the phone hacking at the News of the World and elsewhere, and one into corruption within the Met—and that inquiry is now reporting to the Independent Police Complaints Commission, which might take over part of it, although of course the police must have operational independence.
Nicky Morgan (Loughborough) (Con)
The Prime Minister is absolutely right to concentrate on wider issues than the BSkyB takeover. Is it not the case, however, that over the past few years, all those whom the public expect to behave—bankers, MPs, journalists, the police—have shown, or at least some of them have shown, that they are not capable of meeting that trust. Regulation plays a part, but is it not the case that all those who have positions of responsibility must examine their consciences and work out how best to behave in future to maintain public trust?
The Prime Minister
My hon. Friend makes a good point. No regulatory system in the world can protect against all bad practice, and a sense of social and moral responsibility is vital, whether one is a banker, an MP or a journalist. I am sure that we can do better than the current system, because on the evidence of what has happened over the past 10 years and the warnings that have been ignored, it is clear that the Press Complaints Commission is not set up in the right way, and has not worked.
Bridget Phillipson (Houghton and Sunderland South) (Lab)
There has been serious disquiet about whether it was appropriate for former senior public servants to take up roles with News International. One example is Andy Hayman, who took a job with News International very soon after leaving the Metropolitan police; another is the former Director of Public Prosecutions, Lord Macdonald. Will the inquiry be able to consider the appropriateness of that, given the damage that it does to public confidence?
The Prime Minister
As the hon. Lady knows, in politics we have huge levels of transparency in relation to jobs that former Ministers can go into, and we also have a committee dealing with appointments to ensure that there is an appropriate gap. However, she has made a good point, and I am sure that the committee of inquiry will want to consider it.
Sir Menzies Campbell (North East Fife) (LD)
The inquiry announced by my right hon. Friend involves a very wide set of responsibilities. Can he be satisfied that the proper balance will be struck in the conduct of that inquiry—that, for example, we will not allow justifiable annoyance about the activities of tabloid newspapers to obscure the fact that the behaviour, competence and integrity of the Metropolitan police is of equal importance, not least because it extends to many other areas of activity in the country?
The Prime Minister
Perhaps it is worth my explaining why we decided, in the end, to have one inquiry rather than two. I think that the problem with the original concept of two inquiries is that the one that was going to be judge-led and investigating the wrongdoing would not really have been able to get under way until much of the criminal prosecution was finished, so the second inquiry—the media inquiry—would race away with conclusions. That was not going to work and be sustainable, and I do not think it would have resulted in such a positive outcome as the one that I think we will see. Nevertheless, my right hon. and learned Friend has made a good point. If we have a broad inquiry, we must ensure that it gets its priorities right within the terms of reference, and I am sure that the judge whom we have appointed will do just that.
Chris Bryant (Rhondda) (Lab)
Yesterday afternoon we heard that the man who is in charge of counter-terrorism in the Metropolitan police is 99% certain that his phone was hacked. An hour later, I was shown a piece of kit that costs about £1,500 and is readily available on the internet. It effectively sets up an illegal mobile phone mast through which it is possible to listen to any conversation held by anyone on a mobile phone within three miles.
As I have said, that device is publicly available. It is illegal to use it, but private investigators are using it all the time. Is it not vital for the inquiry also to examine the role of private investigators, and the shocking fact that there is absolutely no regulation of them?
The Prime Minister
The hon. Gentleman has made a good point. One of the features of an inquiry such as this is that the terms of reference are set out and we can agree them and refine them, but in the end the judge will determine where to go on the basis of where the evidence leads. If the judge concludes that that is an important point, he or she can go absolutely down that track.
Mr David Ruffley (Bury St Edmunds) (Con)
In 2003, the Select Committee on Culture, Media and Sport asked for an investigation of the practice by journalists of making illegal payments to the police. Does the Prime Minister agree that those in charge of the inquiry should interview former Labour Ministers to discover why they appear to have taken absolutely no action at the time?
The Prime Minister
My hon. Friend has made a good point, but I think that if we are to try to get this right, we must all put our hands up and say, “Yes, of course the last Government should have done more to respond to the Richard Thomas reports and the DCMS reports, but we must also ask why the Opposition did not press them more to do so.” We shall all have to answer questions on that basis, and look through the reports and see what was suggested, what was the evidence, and what more could have been done. We will never solve this if we try to do it on a party basis; we must try to do it on a cross-party basis.
Mr Tom Watson (West Bromwich East) (Lab)
I believe that if these measures are carried out, some good will come out of evil. I find myself in the slightly embarrassing position of being able to commend all three party leaders on coming together to ensure that that happens, and I thank them for doing so.
May I ask the Prime Minister whether he would allow Lord Justice Leveson access to the intelligence services as well? At the murkier ends of this scandal, there are allegations that rogue elements of those services have very close dealings with executives at News International, and we need to get to the bottom of that.
The Prime Minister
Let me say to the hon. Gentleman that the judge can take the inquiry in any direction in which the evidence leads it. He, like others, is free to make submissions to the inquiry, point out evidence, point out conclusions from that evidence, and ask the inquiry to follow that. As well as wanting a broad, independent and tough inquiry, we want some early results—some early harvest—and I am sure that the inquiry will produce that as well.
Mr Robert Buckland (South Swindon) (Con)
Will the ambit of the judicial inquiry focus on the need to enable ordinary members of the public, such as bereaved families of service personnel who have given their lives for this country, to seek and achieve legitimate redress of grievances through proper complaints against the media and their agents when they are guilty of malpractice?
The Prime Minister
That is a good point. We must keep the public, and the victims of what has now emerged, front and centre at all times. Of course we all, as politicians, have strong views about what has gone wrong, what might have happened to all of us and the rest of it, but, although some people have said that there is an element of “revenge for expenses”, this has to be about the public and the victims. Politicians must be very careful. Yes, we want a good and robust system of self-regulation, but we must also be absolutely clear about wanting a strong, free, independent press that is able to challenge and to uncover wrongdoing, as it has done in this case.
Dr William McCrea (South Antrim) (DUP)
Given the Prime Minister’s acknowledgment that a cross-party consensus is essential, why has there been no consultation with the minority parties in the House? Do we just get the conclusions when they are arrived at? May I also ask whether the inquiry will extend to newsrooms in Northern Ireland as well as the other regions of the United Kingdom?
The Prime Minister
I apologise to the hon. Gentleman. That consultation simply was not possible in the time that was available to us. Let me stress, however, that these are draft terms of reference. In the end the judge must be comfortable with them and agree to them, but if the hon. Gentleman wishes to raise devolved issues with the Government and the judge, I am sure that we can ensure that that happens.
Daniel Kawczynski (Shrewsbury and Atcham) (Con)
Some people find it difficult to sue newspapers that have lied about them because of the complexity and cost that that would involve. I hope the Prime Minister can assure me that the inquiry will look into how people on low incomes can be supported so that they can sue newspapers when they have been lied about.
The Prime Minister
Obviously one of the things that the inquiry will have to look into is how people can obtain redress from newspapers when they have been wronged. That has been looked into for many years, but the problem is that Governments have not acted. I believe that part of the solution is an effective regulatory system. If people end up having to sue a newspaper, things have gone too far. It ought to be possible to obtain proper redress through a regulatory system that has not just the confidence of the press but the confidence of the public: I think that is the key.
Barry Gardiner (Brent North) (Lab)
Can the Prime Minister tell the House whether he had any conversations about phone hacking with Andy Coulson at the time of Mr Coulson’s resignation—not his appointment—and will he place in the Library a log of any meetings and phone calls that have taken place between him and Andy Coulson since Mr Coulson’s resignation?
The Prime Minister
Of course, all the time during Andy Coulson’s employment, when articles were appearing and there was a storm of allegations, I had that conversation with him many times, because I had employed him. I had accepted his assurances: assurances which, as I have said, were given to many others. In the end, the reason for his resignation, the reason for his giving up on the second chance, was that he just felt that he could not go on doing the job, a job that he did well—no one denies that he did the job well—because of all the allegations. As for contacts, I have said what I have said about transparency, and I think that that is right.
Dr Julian Huppert (Cambridge) (LD)
Yesterday I met representatives of Hacked Off, who have been campaigning for a full inquiry on behalf of victims from the Dowlers to Hugh Grant. They have a range of requirements for what they would consider to be a sufficiently full inquiry. Has the Prime Minister met them, and does he believe that his current proposals will meet their demands?
The Prime Minister
I shall be meeting representatives of Hacked Off this afternoon. I have looked carefully at the briefing notes that they have issued, and I also listened carefully to what was said by the hon. Gentleman’s former colleague Evan Harris on the radio this morning. I think that we have reflected many of their concerns, and indeed some of their language, in the terms of reference, but I look forward to hearing what they have to say today. These are draft terms of reference, and, if they can be improved, we shall try to improve them.
Paul Farrelly (Newcastle-under-Lyme) (Lab)
Before the inquiries have been completed, if News Corporation does not heed the mood of the British public and does not heed the voice of the House of Commons this afternoon, will the Prime Minister be prepared to present a short Bill amending cross-media ownership rules, and also addressing the absence of limits to ownership of United Kingdom broadcasters by non-EU companies and non-EU nationals? There is not such an unfettered free market in the United States, for example.
The Prime Minister
I think it is difficult to bring forward specific legislation for a specific company; we have got to be a Government under the law. The hon. Gentleman shakes his head, but it is worth reminding Labour Members that a US-based company is able to purchase all of a UK broadcaster because of an Act that their Government passed.
Oliver Heald (North East Hertfordshire) (Con)
I welcome the Leveson inquiry and agree very much with the Prime Minister that our focus should be on the innocent victims whom we have heard about recently, but he will be aware that there were concerns in the House that the hacking of telephones has impeded MPs in their work and interfered with freedom of expression, which is one of the most deeply felt and important aspects of our work. The Standards and Privileges Committee produced a report—its 14th report—on this subject. Will the Prime Minister ensure that it is fed into the inquiry and fully considered?
The Prime Minister
I will, of course, do that. This inquiry gives us an opportunity to look at some reports that a lot of work has gone into, but, sadly, that have gathered dust, rather than having been taken as seriously as perhaps they should have been.
Mr Dennis Skinner (Bolsover) (Lab)
Everybody is aware that the reason why Murdoch had such tremendous power was that he had more than 40% of the print media, with television stations thrown in. It was not because of his amazing personality that politicians of all parties were in his pocket; it was because he had such power through the newspapers. In answer to the recent question of my hon. Friend the Member for Newcastle-under-Lyme (Paul Farrelly), the Prime Minister said he did not want to strip Murdoch or anybody else of their titles. Will he therefore include in the inquiry’s terms of reference that the judge can, if he so wishes, say that nobody should have more than one title or one television station? Will the Prime Minister agree to that, because without it this cancer on the body politic—Murdoch—will remain?
The Prime Minister
Of course, the inquiry can go where it wants to go; it can follow the evidence where it leads. I am sure the judge will want to produce an inquiry under the current law. That is what we have to do; we have to be a Government of the law. I do not agree with the hon. Gentleman that we cannot have a responsible company owning a television or radio licence and also a newspaper, but we do need rules about plurality. That is why the media have not only a competition policy that they have to obey, but some rules about plurality so we can make sure there is a decent share of voice—a number of different voices in our media. The hon. Gentleman shakes his head, but I am afraid that not enough was done over the last 10 years to make that happen.
Andrew Selous (South West Bedfordshire) (Con)
We do not want anybody to be arrested in secret, but neither is it right that individual police officers should immediately contact their favourite journalist to let them know when someone is being arrested. Will the Prime Minister look at having a transparent and standard way of it being made public when someone has been arrested, so that this cannot happen in future?
The Prime Minister
My hon. Friend correctly identifies this as a problem, but I am not sure that I agree with his solution, although I will certainly look at it. It seems to me that it would be much better to try to have the same sort of transparency between the police and the media that we want between politicians and the media, because, in the end, I think transparency about media contacts would help to prevent the culture of leaking and briefing that has grown up in some parts of the police.
Helen Goodman (Bishop Auckland) (Lab)
The Prime Minister’s statement was a bit complex, but it sounds as if the decision on the takeover would be made before the end of the judicial inquiry and the police inquiries. Is that correct, because surely it is not right?
The Prime Minister
The problem we face is that we have a set of rules concerning competition policy, plurality and “fit and proper” tests that are all laid down in the law and have to be carried out by Ofcom, the competition authorities and, indeed, the Secretary of State. He has to obey the law—and these laws were, largely, put in place by the previous Government. The Competition Commission will look at this; it will take its time, but it cannot take for ever in making its recommendation. Then there will be a decision for the Secretary of State. We cannot do anything but obey the law, but what we are doing today—what the leaders of the Labour party and the Liberal Democrats and I are all doing—is making a clear statement about our opinion by saying to this business, “You can’t go on pursuing a merger when you ought to be dealing with the mess you’ve got in your own business”, and I think that is the best thing to do.
Tony Baldry (Banbury) (Con)
Is blagging already a criminal offence, and if it is not, will it be made a criminal offence?
The Prime Minister
Unlike my hon. Friend, I am not a lawyer, but I believe it is a criminal offence, because someone who obtains information falsely is breaking the law. This is another aspect that I am sure the inquiry can look at, however.
Mr David Winnick (Walsall North) (Lab)
Does the Prime Minister agree that some of the evidence given to the Home Affairs Committee yesterday must have come as a shock and a surprise? For instance, how can it be justified for the police to dine with the very people whom they are investigating, and is that not all the more reason why this inquiry is so necessary?
The Prime Minister
I agree. I watched some of the evidence, and that was very striking. Let us be frank about transparency: MPs have had to go through this over expenses and meetings and other things, and it is time for the police to address it, too. Transparency is the best answer. There are bound to be relationships between senior police leaders and senior media executives, not least because the police have to explain what they are trying to do, but if those relationships are transparent, people can know what is going on.
Mr Brian Binley (Northampton South) (Con)
I welcome the Prime Minister’s statement, and may I say that it is good to see him on the front foot? May I also remind him of a sentence in the statement? He stated that “Sir Paul Stephenson is looking to invite a senior public figure to advise him on the ethics that should underpin that relationship for his own force, the Metropolitan police.” May I suggest that there is a wider need throughout the nation for such ethics to be applied, and may I ask the Prime Minister to take action to ensure that other forces are involved in this process?
The Prime Minister
Of course, relationships that have become unhealthy between some police officers and some media organisations are not just a problem in the Met, but as the Met is our premium and biggest force, I think that if it starts the process of not only transparency but the culture change that is necessary, that would set a good example to others.
Geraint Davies (Swansea West) (Lab/Co-op)
In light of the information available to the Prime Minister on phone hacking, what techniques does he anticipate will be used to pressurise Ofcom over its decision as to whether Rupert and James Murdoch are fit and proper persons to run News International and BSkyB, and what action will he take to prevent any such intimidation?
The Prime Minister
The “fit and proper” test is a matter for Ofcom; it has to carry that out. It is right in this country that we do not ask individual politicians to make those individual decisions about who is fit and proper. We have also asked the Competition Commission to look at this issue. There is a separate issue, too: we need to allow Ofcom to make a “fit and proper” test at the point of full acquisition. That is a particular detail that we need to look at for the future.
Mr Graham Stuart (Beverley and Holderness) (Con)
For the first time ever, I think, I agree with the hon. Member for Bolsover (Mr Skinner). What is most disturbing and murkiest about this whole situation is the relationship between politicians and the media. From the moment when Tony Blair flew to Australia back in the 1990s, that relationship has meant that successive leaders of major parties have felt it necessary to cosy-up to media moguls. May we have a situation in future in which party leaders do not go to the birthday parties of these people, and instead keep them at arm’s length, so that the whole country can be assured that it is the public interest, not any media interest, that has power in the land?
The Prime Minister
The relationship did get unhealthy. It was too close and, as I have put it, too much time was spent courting the media and not enough time was spent confronting the problems, but let us be honest, we are not suddenly all going to become monks and live in a monastery. We have to have relationships so that politicians can try to persuade media organisations that they are trying to do the right thing. We have a duty to explain our policies and what we are doing for the country. Democracy is government by explanation, so we have to explain ourselves to the media, but I hope that this whole process will end up delivering a healthier relationship where we can do that explaining, but confront the problems at the same time.
Mr David Lammy (Tottenham) (Lab)
Given what the Prime Minister has said about the police’s performance yesterday, was it wise of the Home Secretary to describe John Yates as doing a good job, and of Boris Johnson, when chair of the Metropolitan Police Authority, to describe this as a song and dance and a load of codswallop?
The Prime Minister
Let me deal specifically with the issue of John Yates, because this is important. He does an extremely important job for the country in terms of counter-terrorism policing. I have watched him and the job that he does at close hand. We have to have a situation where the police are operationally independent, and if we put our trust in Paul Stephenson to run his team, we must allow him to do that. I ask the right hon. Gentleman to think about this: it would be quite dangerous, would it not, if politicians were able to point at individual police officers, particularly those who were leading investigations into other politicians? So there are some dangers here. I think that John Yates is doing a good job on counter-terrorism. Clearly, as he said himself, he has some questions to answer about what went wrong with the initial investigation, and I hope that he will welcome this inquiry, which will get to the bottom of what went wrong.
Tessa Munt (Wells) (LD)
In the light of and under the pressure of this inquiry it seems possible that serving police officers will go off on sick leave because of stress. Will the Prime Minister guarantee that in no circumstances will the taxpayer be asked to fund any pension of any police officer, either serving or now retired, who is found to be corrupt, as that would be the final insult?
The Prime Minister
I will have to look at the point that the hon. Lady makes. It sounds perfectly sensible but we have to obey the rules of the pension schemes and all the rest of it. However, people should not be rewarded in the way that she says.
Yasmin Qureshi (Bolton South East) (Lab)
The Prime Minister talks about independent regulation. May I ask that the inquiry considers possible remedies in respect of applying pecuniary damages where wrongdoing is found and, more importantly, ensuring that an equal amount of time and space is given to printing a retraction as is spent on vilifying people?
The Prime Minister
The hon. Lady makes a very good point. I have worked in a regulated industry, in television, where you could be fined if you got something wrong—the company I worked for was fined a lot of money once—and there is no doubt that that has a huge effect on the business. But it is not for us to say what the rules should be; it is for this inquiry to do that and it should be properly advised by experts who understand how the media works.
Mr Peter Bone (Wellingborough) (Con)
May I congratulate the Prime Minister and the Leader of the Opposition, and you, Mr Speaker, on granting the Standing Order No. 24 debate in order to put Parliament at the heart of this matter? There is a danger in all this. In the scandal involving MPs, most MPs were of the highest integrity and were working hard in public service. Likewise, most journalists, including those at News International, are hard working and are of the highest integrity. Will the Prime Minister just mention that fact?
The Prime Minister
My hon. Friend makes a good point. The British press has a lot to be proud of in terms of its record of investigative journalism, of uncovering the truth, of providing information and entertainment, and of holding the powerful to account. The point I would make to the sceptics in the press who will worry about this inquiry is that we cannot go on as we are, and we need to do something to stop this firestorm, to protect what is good in the media and to ensure its freedom for the future, and also to deal with the abuse that we clearly see in front of us.
Mr Adrian Bailey (West Bromwich West) (Lab/Co-op)
Earlier, in his responses during Prime Minister’s questions, the Prime Minister alluded to alleged lying to Select Committees. Given that misleading a Select Committee or refusing to turn up as a witness for a Select Committee is contempt of Parliament but that the last time criminal sanctions were invoked against anybody for that was in 1666, will he undertake to introduce emergency legislation to make contempt of Parliament a criminal offence at the earliest opportunity?
The Prime Minister
I will have to look closely at the issue that the hon. Gentleman raises. Perhaps it is something on which the Leader of the House, who does not quite go back to 1666 but goes some way further towards it than I do, will be able to give him some satisfaction.
Conor Burns (Bournemouth West) (Con)
With the number of individuals and organisations with questions to answer growing by the day, will the Prime Minister assure me that, should there be further dramatic developments in the coming weeks he would not hesitate to add his voice to the call for a recall of this place from our summer recess so that they could be debated on the Floor of the House?
The Prime Minister
There is never normally any shortage of people calling for Parliament to be recalled—indeed, I remember that a recent recess had not even started when someone called for Parliament to be recalled. I may not be the first out of the traps, if I may put it that way.
Mr Denis MacShane (Rotherham) (Lab)
I welcome the Prime Minister’s repeated emphasis on transparency. In that respect, does he think it would be useful if freedom of information legislation was extended to public and private bodies that operate fully in the public sphere, notably all the media ones?
The Prime Minister
I am sure that that is something the inquiry can look at. I do not share Tony Blair’s regret on freedom of information; I think that it has actually been a good thing. What we are seeking here is more transparency, so that people can see who is meeting and who is doing what, rather than having to have a process of discovery. What this Government are bringing, across quite a range of areas, is that original transparency to reduce the need for often quite expensive discovery.
Dr Phillip Lee (Bracknell) (Con)
I very much welcome the Prime Minister’s plans to change the ministerial code in respect of meetings with members of the media. May I press him on the definition of “media”? In a world where increasingly people search for their news via Google and so on, and they share their news on Facebook and the like, I suggest that those organisations and meetings with them should also be in the public domain.
The Prime Minister
My hon. Friend raises a very good point, because “media” now encompasses such a wide range of things. That is one of the reasons why I think it is necessary to consult briefly on this change to the ministerial code before we introduce it, because I want to make sure that we do it in a way that is clear and works well.
Jack Dromey (Birmingham, Erdington) (Lab)
An outraged public demand action and expect leadership in the public interest. At every stage, the Prime Minister has been slow to act. Does he agree that Rupert Murdoch is not a fit and proper person? Given that we now know that Lord Ashdown warned the Prime Minister not to appoint Andy Coulson, does he have any regrets about appointing somebody who was clearly not a fit and proper person?
The Prime Minister
The point I would make is that in government you are not just making speeches; you have got to make decisions and you have got to get it right. You have got to make sure the terms of reference are right, make sure the inquiry is right, find the judge, appoint the panel, work out how to be transparent and how to amend the ministerial code. It is not just about saying things; it is about doing things. Of course it takes time to get these things right when this enormous firestorm is going on, but I think that we have taken some major steps forward that will make a big difference. On the “fit and proper” test, that is a matter for Ofcom. We must not get into a situation where the Prime Minister or the Leader of the Opposition is pointing a finger and making a particular point about a particular person—that is Ofcom’s role. As for the other question, I think that I answered it in full.
Mr Don Foster (Bath) (LD)
On that very point, does the Prime Minister agree that if there are any legal restrictions preventing the regulators from judging now on the fitness of News Corporation as an organisation—not the individuals—to own existing shares in BSkyB, those regulations should be swept away immediately?
The Prime Minister
As I said earlier, we are looking at that specific issue. We have asked Ofcom and the Competition Commission to look at it, and we are going to hear what they have to say.
Paul Flynn (Newport West) (Lab)
In the cash for honours inquiry, the Met judged all suspects to be innocent until they were proved to be Labour. Does the Prime Minister agree that the best-trusted news in the country and the best investigative journalism comes from those broadcasters who already have a statutory duty to balance their news? Instead of having a half solution, would not the ultimate solution be to spread the obligation to provide balanced political reporting to all media?
The Prime Minister
That is a matter for the inquiry. I think there are difficulties here. The reason for the statutory regulation of television is that you are dealing with a previously limited spectrum that was a privilege to own and statutory regulation came with it. The reason for not having the statutory regulation of newspapers is that in a free society you should be free to set up a newspaper, to distribute opinions and information—[Interruption.] Even if it is the Morning Star, as someone said. It is important that we hold on to that. I want the newspapers to understand that neither the Government nor the Opposition want to leap into statutory regulation. That is not the intention; we want to improve on what we have now.
Nadhim Zahawi (Stratford-on-Avon) (Con)
I commend the Prime Minister and the Deputy Prime Minister for working with the Opposition in dealing with this very serious issue. The Prime Minister will be sharing sensitive information with the Leader of the Opposition, so can I ask him to seek assurances that Tom Baldwin, an ex-News International employee, will not be privy to such sensitive information?
The Prime Minister
We all have to answer for the people who work for us and the accusations that are made against them. I am sure the Leader of the Opposition will want to do that.
Margaret Curran (Glasgow East) (Lab)
May I emphasise to the Prime Minister that the feelings of revulsion being expressed against these practices are particularly strong in Scotland? Will he therefore meet the First Minister soon so that we can understand the full extent of phone hacking in Scotland and what needs to be done to tackle it?
The Prime Minister
I have regular conversations with the First Minister. In this case, the best thing is to ensure that the devolved Administrations are happy with the terms of reference and to work out how the inquiry will relate to those Administrations. Any evidence can be put straight into the inquiry in the way I have suggested.
Jo Swinson (East Dunbartonshire) (LD)
Even if private medical details are obtained without breaking the law, it does not mean that it is right to publish them, especially when they relate to a child and no possible public interest case can be made. Will the Prime Minister confirm that the inquiry will consider and recommend what meaningful sanctions can be imposed in cases where media outlets might not have acted against the law but have certainly acted against common standards of decency and ethics?
The Prime Minister
The hon. Lady makes a good point. I am sure the inquiry will look at that, but let me repeat something I said earlier: whatever regulatory system we have, we must still have people at the top of newspapers and media organisations who take responsibility and recognise that it is not right to reveal that someone is pregnant, for instance, when there is no certainty that they will keep that baby. These are important things that are about common sense and decency, and whatever regulatory system we come up with, we must ensure that we keep hold of that thought, too.
Stephen Timms (East Ham) (Lab)
Why did his chief of staff not pass on to him what he found out from The Guardian?
The Prime Minister
I think I have answered this question in some detail. The fact is that the information was not passed on but the lion’s share of it was included in a published article in The Guardian about which I gave a very extensive answer about an hour ago.
Mr Speaker
Order. I would like to accommodate a few more colleagues, but to do so I require brevity. I call Mr William Cash.
Mr William Cash (Stone) (Con)
Thank you for that, Mr Speaker.
The Prime Minister has referred repeatedly to media organisations and media executives and he has noted the fact that the word “media” covers a wide range. Does he agree that to be fully comprehensive the terms of reference should also be extended to sound and visual media? It is not impossible, given the uncertainty and unexpected turns of events, that that side of things might be involved, too.
The Prime Minister
As I said, whatever terms of reference are agreed with a judge they are free to pursue the evidence. If it takes them to different places, they can follow it and I am sure they will consider carefully what my hon. Friend says.
Angela Smith (Penistone and Stocksbridge) (Lab)
In his statement, the Prime Minister said that Judge Leveson and his panel will inquire into “the contacts made, and discussions had, between national newspapers and politicians”. May I take it, therefore, that he will submit to the inquiry details of all meetings held between him and senior figures at News International, including the names of the individuals who attended such meetings, even if one of them was his ex-chief of staff, Andy Coulson?
The Prime Minister
I will be happy to go along to the inquiry and answer any questions it wants to put to me about any contacts I have had with any media organisation at any time, as long as I still have the memory of when it happened. I am very happy to do that.
Mark Reckless (Rochester and Strood) (Con)
Is the Prime Minister aware that the Home Affairs Committee hearing yesterday was not a one-off but the conclusion of a nine-month inquiry, pursued throughout on a cross-party basis? That raised serious concerns about the role not just of the police but of the Crown Prosecution Service in curtailing the original investigation.
The Prime Minister
My hon. Friend makes a good point. Clearly, one thing that the second part of the inquiry will consider, as well as the first police investigation, what went wrong and why it was insufficient, is the review of that investigation and why it did not result in further action. Those are difficult questions and it is right that an inquiry should consider them.
Mark Durkan (Foyle) (SDLP)
Has the Prime Minister satisfied himself that the proposed double-barrelled inquiry will be proofed against the possible chicane of legal challenges to its conduct and scope that it could face from various interests? Has he also anticipated the various calls, a few of them valid, for legal representation at the inquiry? Will Ministers or former Ministers, when they are giving or preparing evidence, do so with the support and assistance of Law Officers?
The Prime Minister
That is a very good question. I have found, doing this job, that almost nothing is chicaned, as he put it, from legal inquiry. We think we are doing this in the right way under the Inquiries Act 2005 and all the things that flow from that, but I can perhaps consider the detail of his question about preparation for Ministers.
Stephen Barclay (North East Cambridgeshire) (Con)
Will the Prime Minister confirm that the police investigation will include payments made to connected parties, such as relatives of police officers, including payments not made in cash, such as electronic transfers to shell companies, vouchers or travellers cheques? In due course, will it also consider others who provide stories, such as paramedics, accident and emergency doctors and prison governors, and who might also be subject to corruption?
The Prime Minister
The inquiry must follow the evidence wherever it leads and if it finds malpractice in any of the services my hon. Friend mentioned, it must clearly investigate.
Pamela Nash (Airdrie and Shotts) (Lab)
In recent days, it has become clear that a number of the alleged crimes that will be covered by the inquiry took place in Scotland. The Prime Minister said earlier that he has regular discussions with the First Minister. Has the Prime Minister received reassurances from the Scottish Government that the inquiry will have the full co-operation of the Scottish Government and all the relevant authorities?
The Prime Minister
One reason we need to consult about the terms of reference is to ensure that we consult with devolved Administrations, including the First Minister, to see what they have to say.
Mr Adrian Sanders (Torbay) (LD)
I congratulate the Prime Minister on grasping the nettle. Let me repeat the point made by the hon. Member for West Bromwich West (Mr Bailey) about the history of Select Committees not being able to compel people to attend. That must be considered as there is a process, but it is very long-winded. Can the question of whether there is any way of ensuring that people can be brought to a Select Committee when they are asked to give evidence be considered?
The Prime Minister
That is a repeated call to the one made by the hon. Member for West Bromwich West (Mr Bailey). I think it is an issue for the Leader of the House to address; perhaps he can say something about it tomorrow at business questions. We want people to attend Select Committees. Obviously, we want to ensure that we do not ask people to do things that are desperately inconvenient, but if people give us the endless run-around, there should perhaps be some way through that.
Kevin Brennan (Cardiff West) (Lab)
Just to be absolutely clear, the Prime Minister said earlier that proprietors could be called to the inquiry. Will he confirm that if those proprietors are foreign citizens, they could be compelled to attend and give evidence, unlike with Select Committees?
The Prime Minister
The hon. Gentleman raises a good issue. I do not see why the answer to that should be no. If you own media in this country, then you should be able to be called under oath.
Dan Byles (North Warwickshire) (Con)
Does the Prime Minister agree that it would be a mistake if, at the end of this process, we saw the death of good investigative journalism? He has alluded to the investigation into MPs expenses, for example, and it would be wrong if we ended up with such a scandal not coming to light.
The Prime Minister
My hon. Friend makes a good point. I do not want those people in the press who work hard, who are good investigative reporters, who do not break the law, who find good stories and who hold the powerful to account to watch today’s proceedings and think that we are going to strangle the free press in this country. That is not what we should be doing. It is very important that we all say that and that the inquiry bears that at the heart of what it is doing and it is in the terms of reference.
Bill Esterson (Sefton Central) (Lab)
The Prime Minister said that destroying evidence would be a criminal offence, but my understanding is that that is the case only once the terms of reference for the inquiry have been set. Why did he not set up the inquiry last week, when Labour Members asked him to, and will he ensure that the terms of reference are set as soon as possible so that no further evidence is destroyed?
The Prime Minister
The premise underlying the hon. Gentleman’s question is wrong. My understanding is that when there is a police investigation, as there is with hacking, if evidence is destroyed that breaks the law. That investigation is happening right now. As regards setting up the inquiry, the terms of reference are now in the Library for the hon. Gentleman to see. If he has suggestions and ideas he can make them known, but I sent the terms of reference to his right hon. Friend the Leader of the Opposition this morning for comments from the Labour party and we have incorporated those comments in full.
Matthew Hancock (West Suffolk) (Con)
May I push the Prime Minister a little more on the culture of journalism? As with the bankers crisis and the MPs’ expenses crisis, changing the culture and self-responsibility of the industry is important. What will he do to take a lead on that?
The Prime Minister
My hon. Friend makes an important point. We should celebrate good journalism and social responsibility in journalism and media organisations. Let me put it on the record that many media organisations do some brilliant things in our country to build up what I call the big society. We must not damn all media because of what is happening and what has happened in some organisations. As well as a good regulatory system, we need a culture that is, yes, about getting to the truth but, no, not about breaking the law.
Nick Smith (Blaenau Gwent) (Lab)
Given the point made earlier by the Chair of the Select Committee on Home Affairs that the Metropolitan police’s small team will take many months to go through all the names and phone numbers that they have to go through, may I press the Prime Minister to make sure that they have enough police officers to do the job in good time?
The Prime Minister
As I said in my statement, this is one of the biggest police investigations currently ongoing in Britain. In defence of the Metropolitan police, next year is the Olympics and we have an enormous security challenge to get right in this country. The Metropolitan police has to meet a huge number of objectives—it is for the police authority to help to set those—so I do think it is putting adequate resources into this. As I have said, it is one of the biggest operations in Britain today.
Eric Ollerenshaw (Lancaster and Fleetwood) (Con)
May I for one congratulate the Prime Minister and other party leaders on the speed and scope of all this? I particularly want to follow up the point made by my hon. Friend the Member for Northampton South (Mr Binley) about why the issue of police ethics is being dealt with only in relation to the Metropolitan police. It seems to some of us that there is a kind of cultural tradition across all police forces of having a tight relationship with favoured journalists. Perhaps in the short term my right hon. Friend the Home Secretary could talk to chief constables about starting their own procedures.
The Prime Minister
My hon. Friend makes a good point. First, the inquiry will make recommendations across all police forces from the lessons it learns about this malpractice. The point that Paul Stephenson and I were discussing last night was that there is an opportunity for the Met specifically to take a leadership role in what it does, which I am sure others will follow.
Grahame M. Morris (Easington) (Lab)
The Prime Minister has said on several occasions that we should follow the evidence trail wherever it leads. If that includes the proprietors of News International or other media groups, should we not be hardening the terms of evidence? Is it the Prime Minister’s view that Rupert Murdoch should be required to give evidence to the judge-led inquiry?
The Prime Minister
The point about the judge-led inquiry is that it must choose who it wants to speak to and it must then call them under oath and make sure that they answer questions accurately. Clearly, it is going to want to talk to editors, proprietors and those who are responsible right across the media. That is going to be the work it does.
Bob Stewart (Beckenham) (Con)
Does my right hon. Friend agree that we will never be able to stop criminals who are intent on phone-tapping but that whatever we do and whatever steps we take we have to try to minimise the possibility of that?
The Prime Minister
That is right; we will never stop all law-breaking through a regulatory system, just as we will never stop all law-breaking through a policing system. Clearly, with the media we want to have a free, independent media that do not feel the heavy hand of statutory regulation, so we need a change of law but we also need a change of culture.
Mr Dave Watts (St Helens North) (Lab)
Does the Prime Minister agree that the general public will find it amazing that anyone is suggesting that the press should have self-regulation? Is it not a No. 1 priority that we should have regulation that is independent?
The Prime Minister
I like the word “independent” rather than “self”, which sounds as though newspapers will be regulating themselves rather than being regulated by someone more independent, although not reliant on the Government—that would be worrying—who can take a strong view.
Harriett Baldwin (West Worcestershire) (Con)
Will the inquiry be able to take evidence from Mr Lance Price who used to work at Downing street and who said in 2006 that when he worked there he sometimes felt as though Rupert Murdoch was the 24th member of the Cabinet?
The Prime Minister
I am sure that Lance Price will be available. I have to say that the book he wrote about the last Government was one of the most depressing things I have ever read.
Ian Murray (Edinburgh South) (Lab)
If the will of the House this evening is carried and News International simply withdraws its bid for BSkyB, what steps will the Prime Minister take to ensure that the will of the House is carried and what steps will he take to persuade Rupert Murdoch to do the decent thing?
The Prime Minister
As I have tried to explain, the Government have a responsibility to act within the law. We have to deal with each merger, acquisition and process as the law dictates and that is what my right hon. Friend the Culture Secretary has to do. Tonight, the House of Commons is going to express a very strong opinion and I hope that opinion will be heeded.
David Rutley (Macclesfield) (Con)
I welcome my right hon. Friend’s statement. Can he tell the House whether other national Governments have been in contact to express their concerns about the activities of News International and whether US authorities are planning to investigate the company for possible breaches under the Foreign Corrupt Practices Act?
The Prime Minister
I have not had any contact with any US politicians about this issue.
Mrs Madeleine Moon (Bridgend) (Lab)
In the firestorm that has hit the country, thousands of families have been thrown back to the trauma of a loved one’s death. Will the Prime Minister ensure that he has conversations with the Press Complaints Commission so that it can start talking to the editors of national newspapers about not regurgitating stories that will increase that trauma to families? Can we also ensure that when police officers approach families, if they need to tell them that their phone calls have been hacked, they provide them with help and guidance as well as information about desist notices so that those families’ trauma can be reduced rather than their grief being added to?
The Prime Minister
The hon. Lady makes a very good and sensitive point. It is not just for the PCC but for newspapers themselves to understand the trauma that is being caused and the need to be more sensitive.
George Eustice (Camborne and Redruth) (Con)
Does the Prime Minister agree that one of the key weaknesses of the PCC is that the public interest defence in the code has, frankly, been used and abused over the years? That is why it is so important to have independent regulation going forward and why those who continue to cling to the idea of self-regulation are wrong.
The Prime Minister
My hon. Friend did an excellent job as my press secretary for many years before taking the sensible view that he belonged on these Benches. There is a problem, which the inquiry will have to look at: we want the press to take action in the national interests, but we have to have a system in which they are not breaking the law. That has to be resolved.
Nic Dakin (Scunthorpe) (Lab)
Will the Prime Minister explain further the practical difference between self-regulation and independent regulation?
The Prime Minister
I do not want to get into theological debate about this, but I think the problem with the phrase “self-regulation” is that it implies too much of a continuation of a scheme under which the press have effectively been regulating themselves. This will be a matter for the judge and his panel, but what we are looking for is something more independent—not statutory regulation with the heavy hand of the state, but independent regulation that means we are able to make sure that proper standards are followed. I gave some examples of how that works elsewhere and I think it can be done.
Rehman Chishti (Gillingham and Rainham) (Con)
I welcome the Prime Minister’s statement and the leadership he has shown on this matter. Will he clarify a point about the inquiry, given that in recent months and years certain inquiries have held evidence sessions behind closed doors? What will be done to ensure that all the evidence is taken in public so that the public can see what has been done and what is being done to correct it?
The Prime Minister
This is an independent public inquiry led by a judge, with evidence being taken under oath and being held in public. That is the whole point. Obviously, if it suddenly decided it was inquiring into deep national security issues it might have to have a different session, but it is a public inquiry.
Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
The Prime Minister says that he wants a cross-party approach to this issue, so when will he meet the leaders of the Welsh, Scottish and Northern Irish parties in the House? In 2006, the Information Commissioner reported up to 3,000 breaches of privacy. Will the inquiry that the Prime Minister is announcing today look into those cases?
The Prime Minister
I hope the inquiry will look at what happened with the Information Commissioner’s report, because that was one of the wake-up calls when, frankly, the politicians did not wake up. In terms of taking into account the views of the other parties in the House, I am going to discuss that with my right hon. Friend the Culture Secretary and see what is the best way forward.
David Morris (Morecambe and Lunesdale) (Con)
May I ask the Prime Minister, given the group feeling in the House, whether we could put the full vetting authorities of the Government to the assistance of the Leader of the Opposition so that he can find out more about his director of communications?
The Prime Minister
We all have to answer questions about the people we employ and the activities they might have undertaken. I am sure that the Leader of the Opposition will be doing just that.
Sheila Gilmore (Edinburgh East) (Lab)
At the turn of the year, when Opposition Members were urging the Culture Secretary to refer the BSkyB bid to the Competition Commission, we were given to understand that, even if it were referred, the terms of reference would be very limited. On Monday, the Culture Secretary indicated to the House that there would be fairly wide terms of reference. Are the terms of reference that have apparently already been sent this week going to be made available to the House?
The Prime Minister
My right hon. Friend the Culture Secretary can answer this question in the debate later. The point is that the Competition Commission has been asked to look at plurality grounds and also to look at the “fit and proper” issue. We have to do these things under the law though: we cannot suddenly invent new grounds. We can only use the legal instruments and tests that are there.
Charlie Elphicke (Dover) (Con)
May I welcome the Prime Minister’s reaffirmation that sunlight is the best disinfectant? If we are really going to sort things out on a cross-party basis, surely it is not good enough for this to involve only Government Ministers and special advisers—surely it should involve shadow Ministers and their special advisers as well.
The Prime Minister
I think that is right. The point about the relationship between politicians and the press, and where that has gone wrong, is, as I said, that we have been courting support rather than confronting problems. That has been the case for Oppositions. I freely admit that as Leader of the Opposition, you spend quite a lot of time trying to persuade newspapers and others to support you, because you want to explain your policies, your vision and what you are doing for the country. That will not stop. We are not all going to go and live in a monastery and never talk to journalists ever again, wonderful though that might seem by moments. We must have a healthy relationship where we can have those meetings and discussions, but at the same time confront the difficulties that we have. That is what the commission will do.
Graham Jones (Hyndburn) (Lab)
I am not a legal expert, but I am deeply concerned about the suggestion that there is a non-disclosure agreement between News International and Glenn Mulcaire, the man at the centre of hacking. If a non-disclosure agreement exists, it must have been put in place between News International and him in 2005 or 2006, at the time that Andy Coulson was at the News of the World. I have a deep concern about who negotiated that and the implications. Will the Prime Minister look into the matter personally, and will it be part of the inquiry?
The Prime Minister
That needs to be part of the police inquiry, never mind the inquiry that is about to start under Judge Leveson. There is a police inquiry now into what went wrong at the News of the World, how much hacking took place, who was hacked and who knew. All those questions need to be answered by the police, and it is a full-on police inquiry, not the rather thin inquiry that happened before.
Gavin Barwell (Croydon Central) (Con)
On the issue of transparency about meetings between politicians and media proprietors and executives, will my right hon. Friend go further than the Leader of the Opposition suggested and go back not just to the last election, but to the previous Government, so that my constituents can see what people on both sides of the House have been up to in the past?
The Prime Minister
We will look at the issue of transparency and how best to put it into the ministerial code, and consider what is right and fair. The inquiry will be able to look at contacts over a period to try to see what went wrong in the relationship.
Jim Shannon (Strangford) (DUP)
Will the meetings of the inquiry be open to the general public? In other words, will we all know what is happening, and will the general public know as well?
Tom Brake (Carshalton and Wallington) (LD)
Does the Prime Minister believe that once a healthier relationship is established between politicians and the media, it will be easier for Governments to adopt evidence-based policy in relation to, for instance, tackling drugs, community sentences, or immigration and asylum?
The Prime Minister
That is a lovely idea. As I say, the inquiry will not mean no contact between politicians and the media. There are difficult issues—the hon. Gentleman mentioned a couple of them—where we need to try to explain and take people with us when we are taking difficult decisions. We cannot do that ourselves through direct communications. We need a lively and questioning media to help us do that, but perhaps a healthy relationship will make what he wants more possible.
Naomi Long (Belfast East) (Alliance)
I have been listening carefully to the Prime Minister’s answers. Does he accept that there is a significant difference between explaining Government policy or the Opposition’s position to the media, and courting their support, and that it is that culture of courting the support of the media that needs to be tackled not by inquiry, but by the Members of the House?
The Prime Minister
I agree. There is nothing wrong with meeting editors or proprietors and trying to explain why your vision is the right one for the country. People expect you to do that. Where it can go wrong, and where it has gone wrong, is where politicians start doing things, perhaps influenced by those media companies, that they would not otherwise do. I well remember standing at the Opposition Dispatch Box opposing 42-day detention, which I do not think for a minute most of those on the—sorry—then Government Front Bench believed in. I think they were doing it because of the pressure that they felt from some parts of the press. It is profoundly wrong, and the sort of thing that we must stop in the future.
Sajid Javid (Bromsgrove) (Con)
I welcome the Prime Minister’s statement. Does he agree that the Press Complaints Commission as currently constituted is clearly not fit for purpose, and that it would have been most helpful if its reform had been initiated back in 2007, when the phone hacking inquiry at that time failed?
The Prime Minister
Many people on the Press Complaints Commission have tried to make it work. I would argue that it has made improvements in recent years from when it was originally established, but when we look at what has happened and the trail of reports, problems and the rest of it, the conclusion we must come to is that the PCC did not do enough to pick that up. Reform is therefore needed. That is one of the starting points for the inquiry.
Alun Cairns (Vale of Glamorgan) (Con)
Does the Prime Minister regret the Opposition’s inaction over such serious and grave issues over a number of years? If they are now to succeed and maintain public support, they need to be above party politics, and political opportunism should be shunned and ignored.
The Prime Minister
My hon. Friend is right. We need an all-party approach, as far as possible. Sometimes all-party approaches can become a bit of a conspiracy, so we have to make sure that that is not the case. A basic level of agreement exists about the inquiry, the terms of reference, and the need to change the regulatory system. If we can push forward in that way, there will not be too much regulatory arbitrage, so to speak, which is a danger in such a situation. I propose to keep in close touch with the leader of the Labour party about this.
Christopher Pincher (Tamworth) (Con)
Does my right hon. Friend agree with a senior commentator in the Twittersphere who says that people in glass houses should not throw stones?
The Prime Minister
I long ago learned my lesson about not saying anything about the Twittersphere for fear of getting the wrong vowel in the wrong place.
Duncan Hames (Chippenham) (LD)
Media regulation, like the inquiry, goes well beyond simple law-breaking. How can we be sure that it can act in a timely fashion on known wrongdoing where that is sufficient, without waiting for the conclusion of numerous criminal investigations and the prosecutions that follow them?
The Prime Minister
The hon. Gentleman makes a good point. The part of the inquiry which is, for instance, investigating allegations of police corruption or investigating the hacking at the News of the World, must wait for the police investigations to be carried out, for prosecutions to be carried out and, as I understand it, for any appeals to be lodged. That is one for the reasons for having one inquiry with two parts, rather than two inquiries, otherwise the one doing that part would take a very long time indeed before it got going.
Mr Speaker
I thank the Prime Minister and colleagues for their succinctness, which enabled all 78 Back Benchers who wanted to contribute to do so.
Mull of Kintyre Review
(12 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for Defence (Dr Liam Fox)
I wish to announce the publication today of the Mull of Kintyre review, the report of the independent review of the evidence relating to the findings of the board of inquiry into the fatal accident of an RAF Chinook helicopter at the Mull of Kintyre on 2 June 1994. It is right that I should begin this statement by paying tribute to the 29 people who died in that accident, one of the worst in the history of the Royal Air Force. As is well known, the passengers were members of the Northern Ireland security and intelligence community who were travelling to a meeting in Inverness, and their deaths were a huge blow to the security of this country. They were also a human tragedy for each of the 29 families who were devastated by the loss of their loved ones.
I pledged while in opposition that I would set up a review, because I had worries that an injustice might have been done. The official conclusion that the accident was caused by the negligence to a gross degree of the two pilots on duty that day, Flight Lieutenants Jonathan Tapper and Richard Cook, had been criticised almost since the day it was reached. Doubt had been cast on the findings in different ways by the fatal accident review held in 1995, by the Defence Committee and the Public Accounts Committee of the House in 1998 and 2000, and by the Select Committee appointed in another place in 2002.
A number of Members of the House have continued to voice their doubts over the findings of gross negligence, and I wish to acknowledge the unflagging interest in the case shown by my right hon. and learned Friends the Members for North East Fife (Sir Menzies Campbell) and for Kensington (Sir Malcolm Rifkind), my right hon. Friends the Members for North East Hampshire (Mr Arbuthnot) and for Haltemprice and Howden (Mr Davis), the Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Friend the Member for North West Norfolk (Mr Bellingham) and others, and also by Sir John Major. I know that the Ministry of Defence considered those reports carefully, taking independent and specialist advice, but given the weight and breadth of the comments, I thought it only right to ask an independent figure to check whether justice had been done.
I announced the establishment of the review—the first independent review of the evidence relating to the accident set up by the Government themselves—to the House on 16 September last year. It was my intention that its report, whatever its findings might be, should draw a line under this matter. It has been carried out by the distinguished former Scottish judge, Lord Philip, with the advice and support of a panel of three fellow Privy Counsellors, my noble Friend Lord Forsyth, Baroness Liddell and my right hon. Friend the Member for Gordon (Malcolm Bruce). I am extremely grateful to all four for their thorough and painstaking approach to the task and for the clarity with which they have presented their recommendations, which are unanimous. I held them all in high regard before, and hold them in higher regard now.
Lord Philip and his colleagues have concluded that the finding that the pilots were negligent to a gross degree should be set aside and that the Ministry of Defence should consider offering an apology to the families of Flight Lieutenants Tapper and Cook. I can tell the House that I have accepted these recommendations. At a specially convened meeting of the Defence Council on Monday it was decided that
“the Reviewing Officers’ conclusions that Flight Lieutenants Tapper and Cook were negligent to a gross degree are no longer sustainable and must therefore be set aside. We therefore order that those findings shall be set aside”.
I have written to the widows of the two pilots, to the father of Jonathan Tapper and to the brother of Richard Cook to express the Ministry of Defence’s apology for the distress caused by the findings of negligence. I also wish to express that apology publicly in the House today.
Lord Philip’s analysis is very clear. To put it as briefly as I can, he identifies the central point as being that, according to the regulations in force at the time, a finding of negligence should have been made against air crew who had been killed in an accident only if there was “absolutely no doubt whatsoever” about the matter. Although the two air chief marshals who acted as reviewing officers for the board of inquiry and made the findings had no doubts on the matter, Lord Philip is clear that that is not enough. The question that should have been asked is whether there was any scope for doubt in anyone’s mind. In this case, other competent persons did have doubts, which is sufficient to warrant the conclusion that the findings should not stand.
I would like briefly to make four further points. First, the report does not purport to tell us exactly why Chinook ZD576 crashed. It is central to Lord Philip’s report that the exact cause will never be established, and I am convinced that pursuing the matter further would serve only to increase the distress of the families and friends of those who died in the accident. But those who allege that there has been a long-running conspiracy to cover up technical shortcomings in the aircraft will find no support here. The Chinook has had an excellent safety record since the disaster on the Mull. It has been a mainstay of our operations in successive theatres of war and has the full confidence of those who fly it. However, the report reveals that on this occasion the pilot expressed concerns that he felt unprepared to fly the aircraft.
Secondly, I want to emphasise that the air chief marshals who made the decision, Sir John Day and Sir William Wratten, who are now retired, were and are highly respected and experienced airmen who acted at all times with full conviction on what was the right and proper course and in good faith. They did not reach their decision lightly and they asked for legal advice. Regrettably, that legal advice, although subsequently endorsed by independent Queen’s counsel, has now proved to be incorrect. I attach no personal blame to these distinguished officers and their advisers.
Thirdly, the procedures for investigating air and other military accidents were changed some years ago, with the result that it is no longer the practice for boards of inquiry, now called service inquiries, to ascribe blame to those involved, whether or not they survived the accident. This is because sometimes the business of ascribing blame can get in the way of finding out what actually happened and, more importantly, preventing any recurrence.
Fourthly, the report makes one further recommendation: that the Ministry of Defence should reconsider its policy and procedures for the transport of personnel whose responsibilities are vital to national security. I accept that recommendation as well. It has implications for land and sea transport as well as air transport. I have directed my officials to ensure that the policy and procedures in place across all three services ensure that we do not unnecessarily risk so many individuals who are vital to national security in one vehicle. It is worth noting that Flight Lieutenant Tapper had asked for the passengers on the Chinook to be split between more than one helicopter.
This has been an unhappy affair that has caused much reflection within the RAF and anguish for the families of those who died, particularly the families of those who were wrongly found officially to have been negligent to a gross degree. I hope that this report and the action I have taken in response to it will bring to an end this sad chapter by removing the stain on the reputations of the two pilots.
Mr Jim Murphy (East Renfrewshire) (Lab)
I thank the Secretary of State for his statement, join him in his moving tribute to the 29 people who died in this terrible incident and add our continuing condolences to their families. I also join him in offering our support to this unanimous report and the work carried out by Lord Philip, Lord Forsyth, the right hon. Member for Gordon (Malcolm Bruce) and my noble Friend Baroness Liddell of Coatdyke.
It is over such tragic and controversial events that the whole House should unite to ensure that the right outcome is found in the interests of service personnel, past and present, and their families. It is in our collective interest to establish as much as we can about what happened on 2 June 1994, to learn the right lessons for the Ministry of Defence and the RAF and to come to a settled view for the families of all of those who perished on the Mull of Kintyre. The Secretary of State has my full support in his work towards these objectives.
Successive Secretaries of State, initially Conservative and then Labour, decided to follow the findings of gross negligence produced by the two senior air marshals, Air Chief Marshal Sir William Wratten and Air Vice-Marshal Sir John Day. Their view, as the Secretary of State has suggested, overturned the original opinion of the RAF board of inquiry, which had found no evidence to suggest that either pilot was negligent. For gross negligence to be proven, the Queen’s regulations for the RAF state that
“only in cases in which there is absolutely no doubt whatsoever should deceased air crew be found negligent”.
It is a remarkably clear definition, and the contents of today’s report reveal that that test has not been met at any point since 1994.
No one doubts that all those involved in the inquiry acted in good faith, but it is now clear that the two air marshals initially sought, and were given, inadequate legal assistance in their interpretation of the standard of proof. I do not enjoy saying this, but it now also appears that Secretaries of State of both Governments were kept in the dark on differences between the board and the reviewing officers and that Ministers were deprived of the ability to reach a properly informed view. Investigations by the Public Accounts Committee in November 2000 and by a House of Lords Select Committee in November 2001 found that the reviewing officers of the board of inquiry were not justified in attributing gross negligence to the Chinook pilots because the findings did not satisfy the burden of proof required. It is important that in 2001 the board of inquiry rules were changed to ensure that no deceased pilot could ever be found negligent in this way again.
Let me turn to the wider lessons and ask the Secretary of State five specific questions arising from his welcome statement. First, he said that
“the report reveals that…the pilot expressed concerns that he felt unprepared to fly the aircraft”.
Will he tell the House how this matter was dealt with at the time by officers involved? Secondly, what issues surrounding compensation for the families of the deceased arise from the report? Thirdly, and I put this gently, the content of today’s announcement was trailed in the media at the weekend, days before Parliament had a chance to see it. Does the Secretary of State intend to carry out any inquiry on the possible leak of some of the contents of today’s report? Fourthly, and more substantially, did Lord Philip’s review find fault with the board of inquiry’s process, and should the make-up of boards of inquiry be changed to remove the perceived conflict of interest identified by the Public Accounts Committee in its previous report? Fifthly, the Secretary of State rightly said that he had written to the relatives of the two pilots, but have the contents of the report been shared with the families of the others who perished on the Mull of Kintyre?
In conclusion, I have said before at the Dispatch Box, and will continue to do so, that when the Government do the right thing they will rightly enjoy our support. Today, in the interests of all the families involved, the right thing is being done and lessons have to be learnt. We fully support what the Secretary of State has said today.
Dr Fox
I am extremely grateful for what the shadow Secretary of State has said and the tone in which he presented it to the House.
When we look at the experience under previous Secretaries of State, we see that the inquiries that took place were perhaps not quite focusing on the correct point. In Lord Philip’s inquiry, he very quickly, with his team, went to the point of the matter on a legal basis—that is, as the shadow Secretary of State has said, they grasped that attributing gross negligence could be done only if there was no doubt. This was not about establishing something beyond a reasonable doubt, which is the test that most of us would expect normally to be applied—it was an absolutely objective test. Perhaps in previous inquiries we were looking into the details and missing the main point.
The right hon. Gentleman asked a number of very reasonable questions. In answer to his specific question about how the matter was handled at the time, I refer him to paragraph 7.2.2 of the report, which says:
“We were told that Flt Lt Tapper telephoned his Deputy Flight Commander on the evening before the delivery of ZD576 to Northern Ireland expressing concern that some time had passed since his conversion training. He felt unprepared to fly the aircraft. He had attempted to persuade the tasking authority to spread the load between more than one aircraft, but his request had been refused.”
Yes, there will be questions of compensation arising. I spoke today to some of the families involved, but I did not feel that today was the appropriate time to be talking about money when there are very serious points of principle and we are opening up a very difficult emotional period for the families. However, we will undoubtedly take this forward in the usual way with those families.
As regards details appearing in the media, the right hon. Gentleman will recognise that very many of those were completely wrong. I suspect that people were making educated guesses that turned out to be not so educated.
Finally, neither Lord Philip nor his team criticised the initial board of inquiry. The problem came with the reviewing officers who attributed gross negligence when the board of inquiry had not come to a specific conclusion about who or what was to blame for the crash.
Sir Malcolm Rifkind (Kensington) (Con)
As Secretary of State for Defence at the time of the Chinook accident, and having given evidence to the Philip inquiry, may I say that I am delighted and relieved that this decision has been announced by the Secretary of State? It is a decision that is right, that is necessary, and that is long overdue. As the Royal Air Force decided some years ago that it was not going to continue to try to assess questions of negligence in its own internal inquiries because that was much more appropriately a matter for the courts of law, is it not very sad that the RAF and, indeed, the Ministry of Defence, despite changing their own procedures and despite the mounting evidence from many authoritative inquiries, have chosen to resist for 16 long years the annulment of this injustice, which arose out of these very procedures?
Dr Fox
I am grateful to my right hon. and learned Friend for his thanks for the decision that has been made. It is right, I think, that the RAF took the decision that questions of negligence and blame should be set aside in order to try to get to the truth of the cause of any particular accidents. It is very regrettable that it has taken such a long time to get to the situation today. However, it is none the less a tribute to many Members in this House who have felt that an injustice was being done. It shows the House of Commons at its best when pressure from the House of Commons can cause an injustice to be overturned.
Mr Frank Field (Birkenhead) (Lab)
May I congratulate the Secretary of State on showing the guts to get his Department’s public stance to where justice demanded it should have been for many a year? While he has naturally concentrated on the families of the two pilots, 27 other families are also involved. Will he think of ways in which the views of this House might be conveyed to them as well?
Dr Fox
The right hon. Gentleman makes a very important point. We have tried to share some of this process with those families. I understand that for many of them this will have been a difficult reopening of a sad and painful process. I hope, however, that although it has been reopened, we have, with the conclusions that we have come to today, given them proper closure by reaching a just and equitable verdict.
Mr James Arbuthnot (North East Hampshire) (Con)
May I congratulate and thank my right hon. Friend and Lord Philip and his team for putting right an injustice that has lasted for far too long? May I add that the air marshals who did the reviewing and who overturned the original finding, while they were quite wrong in their decision, are nevertheless wholly honourable men who were doing what they believed was right on the basis of the legal advice that they were given? Will my right hon. Friend acknowledge that a massive contribution to this famous victory was made by people such as Brian Dixon and Tony Collins of Computer Weekly and David Harrison of Channel 4, the noble Lord O’Neill, and people from both sides of this House and of another place in contributing to the notion that justice should finally be done and closure should arrive?
Dr Fox
I entirely agree that the air marshals concerned did what they believed to be right. They followed their consciences. They are fine, decent and honourable men. They were, in my view, not correctly informed about the law and the rules that applied at the time. Given that there were, I imagine, a number of legal personnel who took a contrary view, it is a shame that it has taken so long for that view to be brought to light, and I am grateful to Lord Philip for achieving that. I entirely agree with my right hon. Friend that there are many beyond this House who have sought resolution in this case for a very long time. They played an important part in keeping the issue alive for long enough for justice to be done. It does not matter how long it takes; it matters that it is done in the end.
Mr Speaker
Order. This is a hugely important and sensitive matter both for the families concerned and for the country as a whole, but I must remind the House that there is heavy pressure on time. I appeal to colleagues to ask short questions, and I know that the Secretary of State will provide characteristically short replies.
Angus Robertson (Moray) (SNP)
I give an unqualified welcome to the inquiry conclusions and hope that this finally provides natural justice to the Cook and Tapper families. Will the Secretary of State confirm that the inquiry had available to it all relevant documents, including the Chinook airworthiness review team report? May I pay tribute to the Secretary of State, who said in opposition that he would seek to right this wrong? He has done just that, and he deserves praise and recognition for doing so.
Dr Fox
I am grateful for that. On a day when so many elements of public life are being torn down, it is perhaps useful that we have an example of where the House can come together and where, when we say one thing in opposition, it actually happens in government.
I confirm to the hon. Gentleman that all the documents that Lord Philip and his team asked to see were made available. In fact, when the report was presented to me I checked again that they had been given access to any material that they had sought and were able to speak to any individuals they had wanted to see. I understand that the report that he mentions refers to the Mark 1, not the Mark 2, and so it would have been less relevant in this case, but none the less it was released and made available to the inquiry.
Malcolm Bruce (Gordon) (LD)
I thank the Secretary of State for his statement and his unqualified apology to the House. Having been a member of the team, I also thank Lord Philip for the way in which he conducted the inquiry, for the advice that he gave, and for the fact that we had a collective but unanimous decision. The standard of proof was designed for a layman and is clear beyond any doubt whatsoever, and yet the legal advice given to the air marshals was that it meant whatever the RAF wished it to mean, which is not a standard of legal advice that anyone in this House would recognise. Will the Secretary of State conclude that we will never know what happened on the Chinook, but the families should now have comfort that the matter can be put to rest?
Dr Fox
I reiterate my great thanks to my right hon. Friend for the work that he has done. The conclusions that he has stated are correct. All I would say is that in producing this report we seem to have created a crack team, and I am sure that Governments with inquiries in future will take note of that.
Mr Jim Hood (Lanark and Hamilton East) (Lab)
May I equally thank the Secretary of State and compliment him on correcting this wrong?
I have to say that my recollection, having sat on the Select Committee along with my friend the right hon. and learned Member for North East Fife (Sir Menzies Campbell), is not as kind towards the air marshals as what has been said today. The truth is that they did not have any evidence on which to come up with the decision that they did, and they laid their decision on legal advice. The families of those two pilots were right to expect that two air marshals would know better and not rely on a decision by lawyers. The two pilots have been scapegoated for all these years, and respective Defence Ministers and the officials in the Ministry of Defence have run away from this for all these years. The House is indebted to the Secretary of State for having corrected this wrong, but we cannot correct the wrong without pointing out that the two air marshals were a serious part of the problem.
Dr Fox
In fairness, the board of inquiry said that the most likely cause of the crash was pilot error, but it did not attribute blame. The air marshals used their experience and intuition to make a judgment based on the board of inquiry’s findings. Lord Philip and his team found that they were not able to do that based on the level of evidence required to attribute negligence in the way that they did.
Mr Speaker
Order. As I look for a single-sentence question, I feel sure that the test will be met by the right hon. Member for Haltemprice and Howden (Mr Davis).
Mr David Davis (Haltemprice and Howden) (Con)
I am not sure that I can meet that expectation, Mr Speaker, but I will do my best. Part of the problem arises from the clash between the demands for justice and for a solution that prevents an accident from happening again. The Secretary of State appears to have solved the justice problem for the future with a change to the rules on the attribution of blame. One of the problems was that there was no black box in this aircraft. Will he ensure that all RAF aircraft will in future have black boxes so that we will know the cause of any crash?
Kate Hoey (Vauxhall) (Lab)
I pay tribute to the Secretary of State for his personal dedication to and interest in this matter, and to his party and his coalition partners for putting the issue in their manifestos. Does this not send out a message to anyone who is fighting injustice that if they persevere and continue to push their case, they will eventually, if they are right, see justice?
Sir Menzies Campbell (North East Fife) (LD)
If Parliament exists for the redress of grievance, today is a most eloquent illustration of that principle. My right hon. Friend deserves great credit for taking the decision that he has announced, and for the nature of the apology he has offered to the families, with whom I have been in contact over many years in relation to this campaign. I have always been impressed by their steadfast determination and dignity. Does my right hon. Friend understand that satisfaction at the outcome today is tempered by dismay that the original decision turned on legal advice that was palpably and self-evidently wrong?
Dr Fox
What I find somewhat difficult, having looked back at the various inquiries, is that nobody seemed to focus on the quality of the legal advice given at the time to the reviewing officers. There was a lot of focus on what happened on the ground and on the condition of the aircraft. Nobody seemed to focus on this essential point, which seems to be where the injustice emanated from.
Lady Hermon (North Down) (Ind)
The Chinook helicopter crash in the Mull of Kintyre in 1994 was, as the Secretary of State said in his statement, one of the worst in the history of the Royal Air Force. Of course, it was also the worst accident in the history of the Royal Ulster Constabulary, with 10 of its noble officers being killed. May I take this opportunity to say to the Secretary of State, his colleagues and the House that the widows of those RUC officers will be absolutely delighted and hugely relieved that the terrible stigma of gross negligence is today lifted from those two brave and courageous young pilots?
Dr Julian Lewis (New Forest East) (Con)
Does the Secretary of State agree that this is a modern day version of the famous Archer-Shee case, which involved the Royal Navy and the theft of a postal order, and which became the basis of a famous play in which the service would not admit that it was wrong? Will he add to his list of people who should be thanked the right hon. Lord Chalfont, who more than a decade ago instituted a debate that focused on the very point that the Secretary of State has emphasised today? Finally, does he share my regret that some close family members of the pilots are no longer alive to get the vindication that they deserved more than a decade ago?
Dr Fox
This may well be a modern version of “The Winslow Boy”. It is not the size of the injustice that matters, but the fact that it is an injustice. I commend Lord Chalfont for what he did on this matter, just as I thank many colleagues in the other place who have done so much to keep this case alive.
Ian Paisley (North Antrim) (DUP)
I would like to add my thanks to the Secretary of State for overturning in such a contrite and decent way what was a personal slight on the lives of two pilots and a slight on the entire system. He mentioned in his statement that the Ministry of Defence should reconsider its transport arrangements for senior intelligence personnel. We lost 10 gallant officers that evening on the Mull of Kintyre who could have changed the face of the troubles, and indeed shortened the troubles by up to 10 years. That human intelligence source was lost. That must not happen again because of travel arrangements. The Secretary of State is reconsidering the policy. Can he assure us that it will be changed forthwith?
Dr Fox
I have made it very clear that I accept the recommendation and that change will follow. We will review all current procedures. There is no doubt that that procedure was dangerous and wrong, to the detriment of this country’s security. We saw a similar phenomenon recently with the Polish Government. It does not make sense for any country to allow that amount of its national investment to be in any one vehicle, be it on the ground or in the air.
Dr Andrew Murrison (South West Wiltshire) (Con)
The military covenant was betrayed in this case, and I congratulate my right hon. Friend on bringing some redress. What will he do to ensure that the quality of legal advice, which is still relevant in Iraq and Afghanistan where there have been issues over such advice, is improved so that we do not see a repeat of this sort of thing?
Dr Fox
It is impossible to guarantee that the advice from any one human being will be perfect. We therefore need to look constantly at the quality of advice and at the sources of that advice, and to ensure that it is spread widely enough to minimise the inevitable risk of human error.
Sandra Osborne (Ayr, Carrick and Cumnock) (Lab)
I, too, welcome the Secretary of State’s statement. I hope that it will bring comfort to all the families concerned. Surely it should have been common sense after the accident that there should have been no repetition of vital personnel being transported in such a way. Is the Secretary of State aware of instances where that reoccurred after the accident and where personnel vital to our national security were carried as one group?
Bob Stewart (Beckenham) (Con)
Three of the colonels on board the Chinook that day were friends of mine. One of them, Lieutenant-Colonel Richard Gregory-Smith, a commander of intelligence in Northern Ireland, was the godfather of my first son. Does the Secretary of State agree that the families have shown huge dignity and great courage in the years since 1994?
Ms Margaret Ritchie (South Down) (SDLP)
I thank the Secretary of State for his statement. I sympathise with and convey my condolences to the 29 families who lost loved ones on 2 June 1994. That was some three months before the first IRA ceasefire. Will the Secretary of State undertake to write to all the families to convey the information in today’s report, which has been accepted by himself and the Government? Will he also indicate why the 1992 inquiry into the effectiveness of Chinooks was not taken into consideration?
Dr Fox
As I said, all documents were made available to the inquiry by Lord Philip and his team. They were able to take into account anything that they wanted. The documents were all made available to them, and they subsequently had a look at the document to which the hon. Lady refers. I will certainly ensure that all the families of the deceased get not only a full copy of the report but a copy of what has been said in the House today, which I am sure they will find extremely reassuring.
Martin Horwood (Cheltenham) (LD)
I welcome the Ministry of Defence’s apology today, which is absolutely right, and I pay tribute to the families and the many campaigners, including my right hon. and learned Friend the Member for North East Fife (Sir Menzies Campbell), who have campaigned for it. However, it is well over a decade since the erroneous advice was given to the air marshals. What can the Government now do to ensure that it never takes so long again to overturn something that has turned out to be palpably incorrect?
Dr Fox
I think we need to begin such a process by dealing with any such issue with a clean sheet of paper and a clear mind. The advantage of what Lord Philip and his team have done is that they were hugely objective. They had no preconceived view, nor did they have any knowledge in detail of the events that they were looking into. That in itself was a huge advantage in allowing them to see the details that needed to be seen that had perhaps been overlooked before.
Mrs Madeleine Moon (Bridgend) (Lab)
Today’s statement represents the successful persistence of many right hon. and hon. Members. It also represents the success of common sense over legal advice—but to be longer lasting, it must represent a new chapter in how we conduct such inquiries in future. Can we have a statement from the Secretary of State confirming that new standards and new ways of conducting such inquiries will be in place for the future?
Dr Fox
The hon. Lady raises a very interesting point, and it is one that I raised with Lord Philip and his team. Given that I think there is wide acceptance in the House that they came to a conclusion that had been missed too often by previous inquiries, the question is: why? I have asked Lord Philip whether he would mind setting out why he thought this particular inquiry had worked, and, from his perspective and that of his team, why they thought they were able to get at the kernel of truth that was missed so many times in the past. Looking at their methods, and how they went about drawing up their report, would be hugely instructive and helpful as a template for similar inquiries in the future.
Stephen Phillips (Sleaford and North Hykeham) (Con)
May I add my tributes to those given by my right hon. Friend the Secretary of State and other hon. Members? I want to return, if I may, to the legal advice that forms the basis of the report. It appears that the conclusions of the original legal advice were obviously and palpably wrong. I quite understand that my right hon. Friend cannot give assurances about the quality of future advice, but there appears to have been a culture within the Department of seeking to defend the indefensible on the basis of something that was absolutely and obviously wrong, and he can give assurances about that culture. Will he assure the House that he will investigate that culture, see whether it existed and deal with it?
Dr Fox
I hope that we have shown by our very approach to this subject that we are willing to do so. I was not willing to accept an assurance that everything had been checked and everything was fine, which was why we set up this inquiry in the first place. Too many experienced people in the House had spoken to me as we all discussed the matter and said that they felt intuitively unhappy and worried that an injustice had happened. It says a lot for Members of Parliament that when they intuitively felt that uncomfortable, we did not simply accept what had gone before but sought to take an independent and rigorous view of how it should be addressed.
Thomas Docherty (Dunfermline and West Fife) (Lab)
Does the Secretary of State propose to review not just the methodology of transportation but the purpose of moving such a large number of personnel?
Dr Fox
It is of course perfectly reasonable to have large collections of those with the appropriate expertise when necessary, but it is also incumbent upon those who organise such events to ask whether they really need to have so many personnel with that level of knowledge in one place, especially with modern electronic communication capabilities.
Mr Peter Bone (Wellingborough) (Con)
I know personally that RAF Chinook pilots are highly skilled, highly professional and of the highest integrity. In Afghanistan today, Chinook pilots will be putting their lives at risk, and the Secretary of State’s statement today will be widely welcomed by them.
Jim Shannon (Strangford) (DUP)
I thank the Minister for his statement and for the report. I have had the occasion over the years to meet some of the families who lost loved ones. We certainly sympathise greatly with them, and I agree with his sentiments about them. Can the Secretary of State confirm that each of the families who have lost loved ones, who have waited for so long—17 years—for a conclusion to this saga and this tragedy will have all the conclusions and recommendations of the report made available directly to them, so that they can in some way have some closure?
Dr Fox
As I said, I intend that not only a full copy of the report, with all its recommendations, but a copy of what has been said in the House today will be available to all those families, so that they can see the redress of the injustice, what we have done to investigate the issue fully and the warm and welcome words of Members on both sides of the House.
Mr Alan Reid (Argyll and Bute) (LD)
This was a terrible tragedy that took place in my constituency, and it was made all the worse for the relatives by their long 17-year wait for the announcement that we have heard today. I congratulate my right hon. Friend on establishing the review board, and I congratulate its members and all those who have campaigned for so many years to overturn the unjust verdict. What procedures are in place so that if in future a verdict is subject to so much challenge, including by a fatal accident inquiry, it can be reviewed much more quickly?
Dr Fox
As I said in reply to the hon. Member for Bridgend (Mrs Moon), we set up a mechanism that seemed to be effective, that was relatively quick and that was able to identify the weakness that previous inquiries had failed to identify. As a House, we should look to see why it was effective when others were not, and learn from that procedure.
Naomi Long (Belfast East) (Alliance)
I welcome the outcome of the inquiry and commend the Secretary of State and the Government for the actions that they have taken in bringing long-awaited vindication to the families concerned. The Secretary of State has said that we will never know the cause of the disaster. However, he also said that two requests were made by Flight Lieutenant Tapper and refused. Is he satisfied that such requests are, and indeed were, given full consideration, and would be in future?
Dr Fox
It is impossible for me to say how much consideration was given to a particular request so many years ago, but I would hope that if a pilot expressed worry about his lack, or perceived lack, of experience in such a mission, that would be dealt with sympathetically by those in command.
May I say finally that I am sure the families themselves, whom I met before the statement today, will be very grateful to all Members for their warm words and for the way in which they have welcomed this report today?
Point of Order
(12 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text
Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)
On a point of order, Mr Deputy Speaker. I rise to seek your guidance further to the serious concerns raised yesterday by my hon. Friend the Member for Plymouth, Moor View (Alison Seabeck). During my Westminster Hall debate on housing market renewal scheme cancellation, the Under-Secretary of State for Communities and Local Government, the hon. Member for Hazel Grove (Andrew Stunell), described representations by hon. Members on behalf of constituents who are living in the most appalling conditions as “sob stories”.
However, when we consulted Hansard after the debate, the word “sob” had been removed. When I checked Hansard again this morning, I found that the phrase “sob stories” had been replaced with “different stories”. Having watched back the video, it is absolutely clear that the Minister used the phrase “sob stories”, which vulnerable people trapped in tragic circumstances will find a deeply offensive way to refer to their plight. Is there any way, Mr Deputy Speaker, that you or your good offices could look again at this issue? The record is an inaccurate representation of what was said during the debate.
Mr Deputy Speaker (Mr Lindsay Hoyle)
My understanding is that this was raised yesterday with Mr Speaker, who has promised to look into it and is going to come back on the matter. I am sure the Editor of Hansard will have heard what the hon. Lady has to say and will look into the matter as a matter of urgency.
Youth Employment
(12 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text
14:59 - The House divided: - Ayes: 241 / Noes: 35 - Question accordingly agreed to.
Steve McCabe (Birmingham, Selly Oak) (Lab)
I beg to move,
That leave be given to bring in a Bill to establish a programme to provide training and employment opportunities for unemployed young people between the ages of 16 and 25; to establish a comprehensive careers guidance service for young people seeking to enter the job market; to enable Apprenticeship Training Agencies to assist small businesses in employing apprentices; to provide small businesses with a National Insurance contributions holiday; to make provision for grants towards the wage costs of apprentices employed by small businesses; to make provision for a mechanism through which banks and other providers of financial services are required to allocate part of their bonus payment budget to support these measures; and for connected purposes.
Obviously, I welcome the small reduction in the figures announced today, but the truth is that we do not really know how high youth unemployment is in this country. The Prince’s Trust, which does such fantastic work with young people, claims that there are enough unemployed young people to fill every football stadium in the premier league, with almost 200,000 left queuing outside. It is true that youth unemployment is now much higher than it was in the second quarter of 2010. About 1,300 young people in my Selly Oak constituency are known to be unemployed. We also know that we now have the highest youth unemployment since 1992, and that one in five young people are unemployed.
John Philpott, the chief economic adviser of the Chartered Institute of Personnel and Development, argues that the best way to understand the full impact of unemployment on young people is to look at those not in education, employment or training. Helpfully, the Department for Education publishes those figures quarterly, and we can see from its statistics that youth unemployment is hovering around the 1 million mark. That is too high for a civilised society and a modern economy. How can we be optimistic about the future if we are prepared to subject our young people to a life of worklessness? How can parents have faith in a Government who are willing to let this happen? I witnessed it happen to a generation in the 1980s, and I do not want to see it happen again. That is why I am arguing that we need a fresh initiative to tackle the problem.
I want us to create a training and employment programme for those aged 16 to 25, because I believe that that is the only realistic way to tackle a problem of that size. That kind of unemployment can have long-term damaging effects. It is estimated that a period of unemployment at the beginning of someone’s career can have a significant scarring effect through their entire working life. Bell and Blanchflower argue that unemployment when young, especially for a lengthy period, causes permanent scars. It raises the probability of being unemployed in later years and institutionalises a wage penalty over the course of a lifetime.
Those effects are much greater for younger people than for older people. Gregg and Tominey used the national child development study to argue that youth unemployment imposes an impact on individuals’ wages of 12% to 15% by the age of 42. Inactive young people are also more likely to be involved in crime, and significantly more likely to be unemployed later in life, as well as having a higher propensity for physical and mental health problems, and drug and alcohol abuse. We owe it to our young people to do everything we can to prevent that scar of unemployment.
We need an employment programme that offers hope and opportunity, and we need training designed to address the structural gaps in our system. There needs to be more focus on science, technology, engineering and maths to help to reduce some of the mismatches between young people and employers. STEM skills are essential in sectors that are key to the future of UK competitiveness, such as IT, pharmaceuticals and high-value manufacturing, yet two fifths of employers report difficulties in recruiting STEM-skilled staff.
As part of a sustained programme to tackle youth unemployment, we also need to sort out the mess that has developed in careers advice and support for young people, especially the vulnerable and those whom we describe as NEETs. This is exactly the wrong time for the confusion and doubt sweeping the country as the Connexions organisation reels under the weight of local government cuts. We were told that cuts in the Department for Education area grant would have a limited impact, but we now see careers advice across the country decimated. In Birmingham the jobs of 200 Connexions staff are in doubt, and in some parts of the country provision is already being reduced to little more than online advice and a telephone help service. Barnardo’s, which specialises in work with vulnerable young people, says that it is extremely concerned that the closure of Connexions centres will leave many young people without advice and support this summer.
When the Tory party talked about an “all-age careers service” in its pre-coalition, pre-election manifesto—we should remember that that is what people thought they were voting for—I wonder how many realised that that was code for transferring specialised support to Jobcentre Plus advisers. I am sure that those advisers do a good job, but they do not have specialised skills in working with young people, and of course they can work only with the 16 and 17-year-olds who receive jobseeker’s allowance, which means they will not be helping the vulnerable, such as the NEETs, and those who too easily slip through the net.
The Federation of Small Businesses, whose knowledge and experience of small businesses we should listen to, is calling for a nationwide effort to encourage apprenticeship training agencies to act as host employers for small businesses. It points out that only 8% of small businesses have taken on an apprentice in the past year, but that 14% would be encouraged to do so if a separate organisation dealt with matters such as training, administration and employment.
The FSB is urging the National Apprenticeship Service in England to promote the benefits of apprenticeship training agencies to small and micro-businesses. It is also calling for a national insurance contributions holiday to help small businesses to give our youngsters a chance. The current national insurance holiday helps only start-ups that employ up to 10 people. It may come as a surprise to hon. Members, but start-ups employing 10 people are not common—the FSB says that most of its 205,000 members actually employ five or fewer staff.
Government data suggest that about 3,000 businesses are benefiting from the current scheme, but the Government promised that 300,000 businesses would be set up as a result of it. That suggests that money is available to help micro-businesses that employ five or fewer staff. Ultimately, the Treasury would benefit from extending a national insurance holiday, because more people would pay tax.
Youth unemployment costs more than £23 million in benefits every week, and lost productivity costs about £10 million a day: £600 million pounds would be enough to fund 100,000 young people directly, and perhaps more, in a proper Government work and training programme. It could also be used to stimulate businesses, which could mean that 10,000 more youngsters were given a chance.
The public are ahead of us on this matter, because they know that we should fund such a programme from a levy on the money set aside for unearned bonuses for wealthy bankers, who are continuing to pay themselves money that they have not earned while the rest of the country suffers as a result. I commend the Bill to the House.
John McDonnell (Hayes and Harlington) (Lab)
It is with deep regret that I oppose this Bill, and my hon. Friend the Member for Birmingham, Selly Oak (Steve McCabe). I realise that his plan is well intentioned, but it contains several serious weaknesses, and in one instance a literally fatal flaw.
The first of my concerns are relatively minor, but they still need to be addressed. My hon. Friend proposes to re-establish the careers service scrapped by the previous Government—the Connexions service—but regrettably the proposals are not specific about the scale or location of that service. They do not explain who would be responsible, how it would be paid for or how many members of staff would be employed. They are too general on those matters. They also propose the establishment of apprenticeship training agencies to assist small business—but, to be frank, it is not small businesses that will provide apprenticeships. The bigger gains will come from large employers, which are not pulling their weight at the moment in developing apprenticeships. I regret therefore that my hon. Friend’s proposals do not focus on the large employers.
The outline proposals also say that there will be an inducement to small firms in the form of national insurance cuts and grants to small businesses. I have some anxieties about that, because in the three most recent Finance Bills both the previous Government and the present Government have significantly reduced corporation tax for small businesses and increased capital allowances. My hon. Friend also said that his proposals would be funded by bonus payments to banks and the financial services, which would subsidise the development of apprenticeships. I fully agree with part of that, although it would have been better had he supported my amendment to the Finance Bill on the Robin Hood tax—but perhaps he succumbed to pressure from the shadow Chancellor, as did other Members.
My main concern about the proposals for the Bill, however, is about the lack of reference to a key question about apprenticeships: how can they be made safe on the shop floor? That was one of the key issues addressed by the previous Government, so I regret that my hon. Friend made no reference to it in either his outline proposals or his speech. The previous Government promoted apprenticeships from 1997 onwards, and in the early 2000s the numbers expanded greatly. We all supported that—it was supported across the House—but one element was not put in place: the implementation of health and safety measures when apprenticeships went on to the shop floor.
In 2003 nine apprentices died as a result of a lack of health and safety measures in the companies in which they were placed. As a result, my hon. Friend the Member for Bury South (Mr Lewis), who was then the skills Minister, rightly brought in the civil servants, identified the problem and allocated resources—under legislation and with duties attached—to the Learning and Skills Council, which were then inherited by the Skills Funding Agency. A team of staff were appointed to go into firms where apprentices were placed and carry out a health and safety assessment. In that way, we reduced nine fatalities a year to none. However, that problem is not addressed in my hon. Friend’s proposals.
Since securing health and safety protection for apprentices we have maintained an excellent record, but there is a tragedy waiting to happen. The very staff whom the previous Government appointed—a small unit of 25 in the Skills Funding Agency—are to be sacked in September. Regrettably, the Bill does not address that issue. I would have expected my hon. Friend to include in his proposals a further statutory duty for any proposed apprenticeship training agency to ensure that health and safety are respected and promoted.
It is a matter of regret that these members of staff, who came to meet us yesterday, are to be sacked in September. None of them will be available for the implementation of the Bill. There will be no inspections of workshops, factories or offices, or wherever else apprentices are to be placed. As a result, I predict that there would be a return of injuries and fatalities, and I believe that the House would have some responsibility for those deaths. I would therefore expect my hon. Friend to insert into his Bill a clause giving any Government seeking to develop apprenticeship schemes a further legal duty to ensure that whenever an apprentice is recruited there is a duty of care to ensure that wherever the apprentice is placed complies with health and safety legislation.
The argument that the Government have put, and which might be made in the debate on the Bill, is that the job of the Health and Safety Executive is to ensure that a health and safety regime exits in such companies. I am afraid that that is no longer the case. As a result of the cuts that the Government are implementing, the reduction in staffing for health and safety and the threat from the recent White Paper, health and safety inspections no longer take place on the same scale. That means that when apprentices recruited under this legislation entered the workplace, they would be at serious risk. I would therefore expect any legislation promoting the recruitment of apprentices—I fully agree with apprenticeships, because they ensure that people get a decent training—at least to establish a duty to ensure that those apprentices are safe.
In 2003, when nine youngsters died, my hon. Friend the Member for Bury South took advice from a range of experts—we can offer the correspondence to the Minister for Further Education, Skills and Lifelong Learning—and that advice was very straightforward: we needed to take additional responsibility to protect the health and safety of apprentices going out to work. These people are not experienced workers and are therefore even more at risk than those who have been in the workplace before, so we have a special responsibility. Legislation is being promoted that we hope the Government will accept, which would vastly expand the recruitment of apprentices and opportunities for young people—particularly, as my hon. Friend the Member for Birmingham, Selly Oak mentioned, for those not in education, employment or training, who are the people most desperately in need of work and apprenticeships of this sort. If we undertake an expansion on that scale, we have a responsibility to ensure that those youngsters are safe.
The ten-minute rule Bill unfortunately does not address that issue. I hope that this debate will enable my hon. Friend to reconsider the matter and propose a more appropriate Bill that addresses this issue. More importantly, I hope that the Government are listening. In less than 12 weeks, the health and safety team in the Skills Funding Agency will be sacked. As a result, youngsters will be put at risk. I urge the Government to think again on this matter, because as a result of that action we could revert to 2003, and I remember the nine fatalities that occurred as a result of inappropriate protection for those youngsters, as we expanded the apprenticeship scheme at that time.
I say to my hon. Friend the Member for Birmingham, Selly Oak that although this Bill is well intentioned, although it has good elements and although he has clearly identified a range of issues that need to be addressed, this is not the appropriate way to go about it. I do not believe that he has identified the appropriate mechanism, nor do I believe that he has addressed all the issues, in particular the health and safety of the youngsters concerned. I would urge him to take his proposals back, redraft them and engage in a dialogue with the Government. Let us examine the issue with the staff who are about to be sacked. Let us try to put in place appropriate protection for those youngsters, so that when we give them an apprenticeship not only will they receive training, but they will be protected and appropriate health and safety measures will be in place to ensure their security.
Question put (Standing Order No. 23).
Fixed-term Parliaments Bill
(12 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
16:23 - The House divided: - Ayes: 312 / Noes: 243 - Question accordingly agreed to.
The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)
I beg to move, That this House disagrees with Lords amendment 1.
Mr Deputy Speaker (Mr Lindsay Hoyle)
With this we may take Lords amendments 2 and 9.
Mr Harper
I should like to make it clear that I am proposing that the House disagrees with their lordships on amendments 1, 2 and 9, and I shall set out the reasons for that. For the benefit of Members who have not had the chance to study the amendments in detail, they provide that the provisions in this excellent Bill be subject to a sunset clause after the next general election. Each subsequent Parliament would have the choice of whether to be a fixed-term Parliament or not. The Government want to oppose the amendments because we think that they fundamentally undermine the purpose of the Bill, which was welcomed by, among others, the Political and Constitutional Reform Committee of this House. I see a member of the Committee, the hon. Member for Stoke-on-Trent Central (Tristram Hunt) sort of agreeing with me on the Opposition Benches.
In bringing forward the Bill, we are seeking to put in place a provision that we hope will become an established part of our constitutional arrangements—namely, that fixed-term Parliaments for this UK Parliament become the norm, just as they are for local government, for the devolved legislatures and for the European Parliament. Two of the most important things in the Bill—in the form that the Government would like it to take—are, first, the proposal for an ability to deny the Executive the ability to choose a date for a general election to suit their own ends and to ensure that the Prime Minister gives up that power for the first time, and, secondly, to deliver certainty on how long a Parliament will last, which will benefit not only parliamentarians but the public.
Tristram Hunt (Stoke-on-Trent Central) (Lab)
Was the Minister disappointed, as I was, that their lordships did not seek to alter the limit for the fixed-term Parliament from five years to four years, which seems to be what the majority of the British public would like?
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. We must stick to the amendments.
Mr Harper
I will give way in a moment.
If the Lords amendments were accepted, the electorate would have no certainty as to how long the Parliament that they will elect on 7 May 2015 would last. Such certainty, and the principle behind the Bill, have been welcomed by many electoral administrators and by members of the Political and Constitutional Reform Committee.
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. It would be helpful if the hon. Gentleman could let us know which part of the amendment he is referring to.
Mr Harper
I am grateful to my hon. Friend for his intervention. The polling that has been carried out suggests that the public support fixed-term Parliaments. Indeed, if we think back to the previous Parliament, there was a general sense, both in the House and among the public and commentators, that the “will he, won’t he” debate about whether the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown) would call an election on becoming Prime Minister was not helpful to good Government or to good democratic accountability. It will be helpful to have greater certainty, as that will benefit us all. Let us ask ourselves this question: if the Bill became law, and fixed-term Parliaments became the norm, would any Minister realistically be able to come to the Dispatch Box and suggest with a straight face that we should change the position and give the power back to the Prime Minister to hold an election at a time of his choosing to suit his political party? Would anyone take that proposition seriously? I suggest that they would not.
Mr Cash
Has it occurred to the Minister that part of the problem with this wretched Bill is that it is trying to organise things to suit the requirements of this coalition? Decisions on the future should actually be down to the public at large, and if they want to get rid of a Parliament, they will do so in their own way. That is where the question of a confidence motion starts to kick in.
Mr Deputy Speaker
Order. We are not dealing with the whole Bill; we are dealing with the amendments. I am sure that the Minister will take that into account in his answer.
Mr Harper
To be fair to my hon. Friend, Mr Deputy Speaker, he was speaking to the amendments that we are discussing. He made the assertion that our proposals would suit this particular Government during this particular Parliament, but that is simply not the case. If the Prime Minister wanted to ensure that this Parliament ran for the full five years and that the general election took place on 7 May 2015, he would need to do only one thing—namely, not approach Her Majesty the Queen to seek a Dissolution before that date. We could thereby achieve a five-year Parliament for this Parliament, but we want to make a change to our constitutional processes—I know that my hon. Friend the Member for Stone (Mr Cash) does not agree with it—to remove from Prime Ministers the ability to choose the date of a general election.
The second part of my hon. Friend’s question effectively suggested that a sunset provision would be a good thing. Under our democratic system, the public elect Members of Parliament for a term. At the moment, they do not have a choice about when the general election will be; the sole decision about that sits with the Prime Minister. The Bill seeks to give that power to Members of this democratically elected House. I would have thought that my hon. Friend, as a champion of parliamentary control of the Executive, would welcome that proposition.
Mr Cash
I can assure my hon. Friend that the real question is not whether the Prime Minister wants to call a general election, but what the state of the country is and whether there is a sense of urgency among the public at large. That can force a general election, irrespective of whether a Prime Minister wants to pull the plug.
Mr Harper
I am afraid that my hon. Friend is simply not right. That is not the current constitutional position. The current position is that for a period of time during which a Government have the confidence of this House, the only person who decides whether there should be a general election—assuming that we have not reached the end of the Parliament—is the Prime Minister, who seeks a Dissolution from Her Majesty the Queen. Members of Parliament, unless they vote down the Government on a vote of confidence, do not have that power. The general public certainly do not have that power.
Mr Richard Shepherd (Aldridge-Brownhills) (Con)
The Minister’s proposition was a much disputed one. It was thought at one stage that Mr Major, when Prime Minister, was prepared to call a general election during the difficulties surrounding Maastricht. The argument put by people such as Robert Rhodes James was that it was a matter for the Cabinet as a whole to give the Prime Minister the authority to go to the Queen—a more collective approach. The coarse person, the Back Bencher on the streets—or rather the Benches here—would argue that the Cabinet at the time would have thrown themselves in front of John Major’s car if he went to Buckingham palace, as the last thing the Conservative party could bear at that juncture was a general election. It is a process; that is what my hon. Friend the Member for Stone (Mr Cash) is talking about. The Prime Minister is not the only person who can determine a general election. That is the ebb and flow of real politics, which is what this House is about. That is why, as I am sure the Minister will understand, there is opposition to some of the propositions in the Bill.
Mr Harper
I am not sure that I want to conjure up visions of Cabinet Ministers throwing themselves in front of prime ministerial cars, which is not a happy thought—[Interruption.] Some of the comments from Opposition Members are unworthy of them. Let me explain what I do not understand about my hon. Friend’s point. He is arguing, I think, for decisions about the timing of general elections to be a more collegiate effort, rather than just the choice of the Prime Minister—but that is exactly what the Bill does. It takes away from the Prime Minister the power to call a general election by asking the Queen for a Dissolution and gives that power to Members. Two thirds of them can choose to have an early election for any reason, including general concerns about the state of the country, which deals with the point raised by my hon. Friend the Member for Stone. Having this Bill in place would allow that to happen, which cannot be done today. The other way of bringing about an election is the Government losing a vote of confidence. That is why the Government believe that the Bill should be in place; it should not be up to each individual Parliament to decide whether the Bill should remain in force. That is why we oppose these sunset clauses.
We think that the real threat presented by the amendments is that they could create a scenario in which political parties, and specifically the Government party, could choose in each Parliament, even at its beginning, whether that Parliament should be a fixed-term one. As the Bill is currently drafted, both Houses would have to vote in favour of the Fixed-term Parliaments Bill kicking into place at any time during the Parliament. I simply do not think that that is a very sensible proposition. It would mean that Governments would have a way of manipulating the timetable. We should think it through. If both Houses have to vote in favour of a motion for a fixed-term Parliament to be in place, a Government with a majority could simply refuse to pass that motion—and we would effectively have given back to the Prime Minister the ability to call an election. That would not be a positive step forward.
It is important to note that when this House and the other place were legislating for the fixed terms of the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly, it was not thought appropriate to have sunset clauses. We did not give those legislatures the opportunity to pick and choose each time how long their terms of office should be. I do not believe that doing so makes sense now.
Mr Harper
That is not an analogy I would make with the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly. When this House made decisions about setting up those bodies, we did not think it appropriate to give them the power to pick and choose their term of office. We set it out in the legislation that set the bodies up.
I am curious to know what the supporters of the Lords amendment think would happen if the next Parliament decided that it did not want a fixed term. It is not very clear from the amendments, how exactly the mechanisms would work. I shall take Members through the Lords amendments shortly and explain how I think they would work.
It has been suggested that a sunset clause would ensure that the issue of fixed-term Parliaments and the merits of this particular Bill would be subject to post-legislative scrutiny. That is not necessary, however. This legislation has already been scrutinised by four Select Committees: the Political and Constitutional Reform Committee, the Lords Constitution Committee, the Joint Committee on Human Rights and the Delegated Powers and Regulatory Reform Committee. I am sure that any one of those Select Committees or another Select Committee will subject the Bill to some form of post-legislative scrutiny, which is something that the Government would welcome. I do not think that these sunset clauses, however, would lead to that type of sensible scrutiny.
I said that I would look at the effect of the Lords amendments on the working of the Bill. Lords amendment 9 talks about a resolution having to be
“approved by each House of Parliament”.
That is fairly straightforward. The most unclear provisions relate to clause 7(4), stating that a number of parts of the Bill will have effect
“only until the first meeting of the… Parliament”,
which would then decide whether to bring those provisions in. The provisions on early elections and confidence votes would not be clear and it would not be clear how Parliament would be dissolved. The schedule, which has a number of consequential amendments, would also not be in force. The schedule, which repeals the Septennial Act and a whole load of other provisions, would effectively cease to be in force and, presumably, all the repeals and amendments would be unrepealed and unamended. We would then end up with a very complicated constitutional proposition.
Chris Bryant (Rhondda) (Lab)
Unless I misheard the Minister, he referred to clause 7(4) of the Bill. I cannot find a clause 7(4).
Mr Harper
I am looking at the copy of the Bill as amended on Report from the House of Lords, which does have a clause 7. It is the final provision clause. It is the bit that is dealt with by one of the Lords amendments that we are debating. I think that the amendment will be confusing. It will make many of our constitutional provisions unclear. I do not believe that those who tabled the amendments and voted for them in the other place have fully thought through how they would work in practice.
Another important issue is the relationship that would be created between this House and the other place if the amendments stay in the Bill. The importance of establishing the primacy of this House came out clearly in our debate on the Government’s proposals on House of Lords reform. The amendments would give the House and the other place the ability to vote on whether we have a fixed-term Parliament, without going through the normal legislative process. That could lead to an unfortunate scenario in which this House voted overwhelmingly in favour of the motion that we have a fixed-term Parliament and that the provisions of the Bill, if passed, come into force, while the currently unelected House failed to vote for the motion, so we would not have a fixed-term Parliament. Important decisions about elections in this country, fixed-term Parliaments, the confidence procedures and the ability to trigger early general elections would effectively be made by the unelected House, and that would diminish the power of elected Members.
Chris Bryant
The Minister’s example is completely wrong. If this House voted—on the basis of the Government’s and, therefore, the Prime Minister’s majority—for a fixed-term Parliament, and the other place did not vote for a fixed-term Parliament, whether there would be an early election would be in the hands of the Prime Minister. The will of this House would always have carried.
Mr Harper
The hon. Gentleman confuses the will of the House and the will of the Prime Minister. The scenario that I set out stands. If the other place had chosen not to vote for fixed-term Parliaments, we would not have a fixed-term Parliament, despite this House having voted in favour, and that would give back to the Prime Minister the ability solely to decide whether there should be an election. We would have taken powers away from Members of this House who had voted, perhaps overwhelmingly, to ensure that the Bill was in force. We would have been thwarted by their lordships. Given the importance to Members of the primacy of this House, that effectively moves power in the opposite direction, which Members will find unwelcome.
Mr Harper
That is not what I said at all. My specific point is about the relative powers of the two Houses, but the point stands that if we do not have a fixed-term Parliament, we give back to the Prime Minister the power to call an early election. To repeat my example, the amendments would mean that both Houses must vote positively in favour of resurrecting the provisions of the Bill. I want the other place also to be elected—I know that my hon. Friend does not—but under the amendments the elected House, despite having voted by an overwhelming margin, could be thwarted by the unelected House, and the provisions of the Bill would not be in force. The will of the House of Commons, having said that it did not want the Prime Minister to have the power to call an early election, and that it wanted that power to be held by Members of this House, would have been thwarted by the other place. I am sure that my hon. Friend would not agree with that.
Mr Cash
I am grateful to the Minister for engaging in dialogue on this question, but the assumption, at any rate in the mind of the Deputy Prime Minister, is that proposals for reform of the House of Lords will go through by the end of this Parliament. The arguments to which the Minister refers, therefore, will effectively expire when the arrangements for this fixed-year Parliament come to an end.
Mr Harper
I disagree with my hon. Friend. Even if we successfully push our proposals through in their current form, and we have the first set of such elections in 2015, most Members of the other place will still be unelected. Secondly, regardless of how many Members of the other place are elected, we are talking about primacy. Effectively, the amendments would move power away from this House to the other place. Whatever one’s views about House of Lords reform, I picked up clearly from our earlier debate that most Members of this place want it to be clear that this place has primacy over their lordships’ House. The amendments, perhaps inadvertently, would lead to a different situation.
Mr Robert Syms (Poole) (Con)
Under the Bill, a large number of Members of the House must vote for a Dissolution. The person who decides whether there is a general election is, therefore, the Leader of the Opposition, because if the Government and the Opposition want a Dissolution, it happens. Under the amendments, the House of Lords would effectively be taking power away from the Leader of the Opposition, who would be in a position to provide the numbers for a Dissolution.
Mr Harper
I agree. The fact remains that we are taking powers away from this House and giving them to the other place. It has been clear to me from our earlier debates that that view is not widely shared in this House, and indeed, interestingly, it does not appear to be widely shared in the other place. As I observed from careful reading of the report of the debates there, many speakers were very concerned about the primacy of this House, which was good of them. They said that they did not want to damage it in any way. Plainly their support for the amendments was inadvertent; they may not have thought through the consequences fully. I therefore think it would be sensible for this House to disagree with their lordships, and to give them an opportunity to reconsider their decision and return the Bill to the form in which it left this House.
Mark Durkan (Foyle) (SDLP)
I recognise the strength of the Minister’s arguments. The effect of the amendments, surely, would be to leave us with not a Fixed-term Parliaments Bill, but a Fixable-term Parliaments Bill. We could get into a constitutional “fix” in trying to “fix” the term, with an elected Chamber voting one way and an—in all likelihood—still unelected Chamber voting another way. If that happened, what would be the default position?
Mr Harper
I agree. The hon. Gentleman has put it very well. Under the Bill as the Government want to see it—this House having disagreed with their lordships, and their lordships having accepted that the Bill should remain as it is—its provisions would be in force unless and until a future Parliament changed them. It would be this House that would determine whether an early election should take place if two thirds of Members, that is, a broad consensus, were in favour of it—which returns us to the point made by my hon. Friend the Member for Stone about what would happen if there were a general view that the state of the nation was such that there should be an early election—or if the Government no longer had the confidence of this House. The other place would have no role in that process at all, which I think is right.
As the hon. Gentleman pointed out, if the amendments were in force there would be a “fix” in each Parliament: each Government would effectively be able to choose whether to have a fixed-term Parliament, because they could block the motion passed by this House. Worse, it would not be a choice that the Houses took at the start of a Parliament, because the amendments make no provision for that. At any point during the Parliament, the two Houses, if they passed the motion, could suddenly convert the Parliament to a fixed term. That would be likely to lead to the position described by my hon. Friend the Member for Stone, with people putting a fix in place to suit a particular short-term need.
Mark Durkan
Does any provision in the Lords amendments or the Bill specify or restrict who can table such a motion in either House, and when or how many times it could be tabled again if whoever tables it does not succeed on the first occasion?
Mr Harper
The hon. Gentleman has put his finger on it. The provisions are completely silent about that. They do not say who would table the motion, or whether the same question could be continually repeated.
The amendments are not very well drafted. I think that they are wrong in principle, because under the normal procedure legislation that is passed stays in force unless it is changed by a future Parliament, but even if we liked the concept of a sunset provision, such a provision ought to be much better drafted and much more effective. This House can choose only between accepting the amendments and disagreeing with them, and I think I have almost made my case that we should disagree with them.
It has been argued that we are trying to bind future Parliaments. That is not what we are trying to do at all. We are merely trying to re-establish the normal constitutional position. We are passing legislation which we hope will become the established position, but if a future Parliament, perhaps the next one, decides that the fixed-term Parliament experiment—an experiment that is common to many countries around the world—has not been successful and has not led to better government, it will be perfectly free to pass another piece of legislation that repeals these measures either in full or in part. We do not have an arrangement whereby we “sunset” every piece of legislation, and an incoming Government then find that the rules are unwritten and they can choose what those rules should be. That would not be a very sensible constitutional position.
Mr Cash
Without going into all the questions relating to judicial supremacy and the claims of ultimate authority by certain members of the judiciary, I am afraid to say that through this measure and a number of others the Government have opened the door to the possibility—indeed the likelihood, as Lord Bingham made clear—of certain members of the Supreme Court interpreting legislation in a way that suits their ultimate authority, as they claim it.
Madam Deputy Speaker (Dawn Primarolo)
Order. We are straying quite a long way from the amendment. I am sure the Minister was about to point that out.
Mr Harper
I am grateful for your guidance, Madam Deputy Speaker. My hon. Friend’s points are probably more relevant to the next group of amendments, when we will talk about adding some specific provisions to the Bill, so he might want to raise them then. If he does so, I shall be able to address them in an orderly way.
The Opposition supported the sunset provisions in the other place, and I anticipate that they will do so again today, so I want to point out why I think they would be wrong. Effectively, the sunset provisions drive a coach and horses through the principle of the Bill. On 24 November last year, the hon. Member for Rhondda (Chris Bryant) said:
“I want to reaffirm our commitment”
—the Labour party’s commitment—
“to fixed-term Parliaments. That means we have to lay down in statute that it is for the House, not the Prime Minister, to dissolve Parliament.”—[Official Report, 24 November 2010; Vol. 519, c. 328.]
I agree, but under these sunset provisions at the end of this Parliament we would give back to the Prime Minister the power to dissolve Parliament by seeking a Dissolution from Her Majesty the Queen. I do not think that that is in accordance with what the hon. Gentleman said then.
There are a number of other useful quotes. The Labour party manifesto of last year stated that
“we will legislate for Fixed Term Parliaments…We will let the people decide how to reform our institutions and our politics: changing the voting system and electing a second chamber to replace the House of Lords.”
I do not agree with the first, but I do agree with the second.
“But we will go further, introducing fixed-term parliaments”.
Furthermore, the right hon. Member for Kirkcaldy and Cowdenbeath said that a vote for Labour was a vote for fixed-term Parliaments.
I accept that Labour did not win the election, but it seems to me that if the hon. Member for Rhondda is going to carry out the spirit of that commitment, all the people who voted Labour at the last election will expect him to vote in favour of fixed-term Parliaments. If he does not agree to disagree with their lordships, he will not be carrying out that manifesto commitment.
Graham Stringer (Blackley and Broughton) (Lab)
I have not read the Conservative party manifesto recently, but so far as I remember it did not contain a commitment to fixed-term Parliaments. Therefore, if the hon. Gentleman were to take his own advice, he would withdraw his support for the Bill.
Mr Harper
The hon. Gentleman sets me up very nicely for my final quotation. In this Bill’s Second Reading debate—which took place a long time ago, on 13 September 2010, which goes to show that the Bill has enjoyed leisurely progress through both Houses with proper scrutiny in both Chambers—the right hon. Member for Blackburn (Mr Straw) said:
“I have long been in favour of fixed terms. I could dig out correspondence I had with Margaret Thatcher in 1983 about fixed terms. The Labour party committed itself to fixed terms in the 1992 election. What typically happens—this is why I welcome the measure and why I wanted that commitment in our manifesto—is that parties in opposition that are in favour of fixed terms go off the boil on them when they come into government.”—[Official Report, 13 September 2010; Vol. 515, c. 645.]
Interestingly, we have done the opposite. We were not very keen on them in opposition, but we have become keener on them in government, and this was in our coalition agreement.
Mr Shepherd
I am startled by my hon. Friend’s line of argument. I did toil through our election manifesto, and I saw no pledge or undertaking at all to have a fixed-term Parliament, and least of all a fixed-term Parliament for five years, so what is his line of argument?
Mr Harper
My hon. Friend rightly says that we did not have a commitment to do this, but equally we had not promised not to do it. The case was made to us that there was a good case for fixed-term Parliaments, provision was made for them in the coalition agreement and we brought the measure before the House. When good arguments are made, wise Governments listen to them and introduce these very sensible measures. They do not contradict anything that we had in our manifesto. It is usual for Governments to introduce proposals that were not in their manifesto when sensible arguments are made for them. That is a perfectly sensible proposition.
Mr Harper
I would not characterise the relationship like that at all. A good case was made, and on this particular issue the Prime Minister has demonstrated tremendous leadership. He is the first Prime Minister to give up the power—a power that was his personally—to seek a Dissolution from Her Majesty the Queen. That improves our arrangements, because we now know the date of the election and so for the last year of this Parliament we will not have the “will he, won’t he” proposition, where everyone is trying to second-guess when the election will be and people are arguing about when the best time is for the party or parties in government. That is an incredibly powerful step forward and it is very welcome.
Mr Walker
The current system has served us pretty well for 350 years. The Minister cites other Parliaments around the world that have been established for perhaps 20 or 30 years at best. Perhaps they would be best advised to follow our example, as opposed to our following their example.
Mr Harper
As I said at the beginning of my remarks, I do not believe that the general public support the exercise that we go through in the run-up to the end of a Parliament, where we enter the “will he, won’t he” argument. We all know—this came out clearly in the debate in the other place from some who had been close to these decisions—that the decision that is taken, perfectly honourably, is about how best the Prime Minister can choose the date to maximise the chance of their party being re-elected. I simply do not think that that is a good basis on which the decision should be made, and I think that our approach is an improvement.
Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
I support the Minister’s point. Even if it is Parliaments around the world that are only 20 or 30 years old that have adopted fixed-term Parliaments, it is interesting that they did not adopt the system that we have here, despite its longevity. They probably saw the errors in our system and were not going to start from here when deciding how to run their parliamentary terms.
Mr Harper
The hon. Gentleman is right. As I said, when this House decided to legislate to set up the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly, it did not think that it was right to have variable terms; it decided that it was sensible to have fixed terms. If this House thought that that was good enough for them, it should be good enough for us.
Let me finish by reading out the following quote from the right hon. Member for Blackburn. [Interruption.] The hon. Member for Stoke-on-Trent Central rightly says that I have already read out the quote, but I wanted to set out the conclusion that the Labour party should draw from it. The right hon. Gentleman said that
“parties in opposition that are in favour of fixed terms go off the boil on them when they come into government.” —[Official Report, 13 September 2010; Vol. 515, c. 645.]
The Labour party is in danger of doing the opposite. It is in danger of being committed to this proposition when it was in government and then going off the boil on it when in opposition. The party should reconsider. In the time before the House is asked to make a decision on this, I hope that the Labour party will decide that we should disagree with their lordships on this group of amendments.
Chris Bryant
I am afraid that the Minister did not impress me with his arguments. In particular, he referred to the fact that the Conservative manifesto did not contain anything about introducing fixed-term Parliaments and then said that when good arguments come along people should bow to them. As far as I can see, the only good argument that came along was that the Liberal Democrats would not support the Government unless there was a fixed-term Parliament element in the coalition agreement. So the only reason why we have this Bill, particularly in its current form, is because of the attempt to create the coalition and then to keep it going for five years.
The Minister then tried to tease me a little with the idea that the former Prime Minister, my right hon. Friend the Member for Kirkcaldy and Cowdenbeath (Mr Brown), said that he wanted people who voted for Labour to be voting for fixed-term Parliaments. This amendment would allow us to vote in every Parliament for fixed-term Parliaments, so it gives more opportunities for people to vote for them, rather than fewer.
Mr Cash
Does the shadow Minister agree that the Bill has all the elements of an attempt to achieve a sort of permanent coalition arrangement? In fact, if one were to look at the current state of affairs, one might feel some sympathy for those on our side of the House who have found as a result of the mistakes that have been made by them and by others that they are now low in the polls and that the 56 seats that they won at the last general election might by all accounts be fewer than 20 if those opinion polls were to be believed.
Chris Bryant
I think I agree with that, but I am not entirely sure. The bit I agreed with was in feeling sympathy for those on the Government side of the House.
The three amendments we are discussing come as a package. In essence, they are all there to do the same thing: to say that the present arrangements will remain, so that the coalition gets to hold itself together until 2015, but that after the next general election and at any subsequent creation of a new Parliament, unless other legislation is brought in, there would have to be a vote in both Houses for that system to remain in place. I shall come to the issue of both Houses in a moment.
Chris Bryant
I was going to come to that matter in a few moments, but if the Minister wants me to come to it now I will of course give way.
Mr Harper
I wanted to question something the hon. Gentleman said. He says that at the start of each Parliament there would have to be such a motion, but that is not what the amendments say. They leave it completely open for that to happen at any point during the Parliament, and I think that would be deeply unsatisfactory.
Chris Bryant
The Minister is absolutely right. That was a small slip of mine and the vote could happen at any time. Any Government worth their salt would without a doubt table such a motion at the beginning of the Parliament so that there was clarity.
We should also know that Lords amendment 1 was not tabled by the Labour party. It was tabled by Lord Pannick with the support of Lady Boothroyd, Lord Butler and Lord Armstrong. Their arguments carried quite a lot of weight with the House—clearly, they carried enough weight to win the vote. Lord Pannick said when moving the amendment:
“The purpose of the amendments is to address the deep unease on all sides of the House, as expressed at Second Reading and in Committee, as to whether it is appropriate to confine the circumstances in which a general election may be called within a five-year term.”—[Official Report, House of Lords, 10 May 2011; Vol. 727, c. 822.]
There has been that level of discomfort and unease in this House, too, although it was more marked down the other end. Lord Pannick also referred to the “constitutional damage” that all this might create and called the whole Bill an “unhappy Bill”. I have some sympathy with him.
It is true that I have previously commented—and I stand by those comments—that the Labour party is committed to fixed-term Parliaments. However, we think the right way to introduce legislation on something as constitutionally significant as changing the way in which a general election is called is to engage in consultation with all the parties in this House before tabling a Bill and to introduce pre-legislative scrutiny of that Bill. If the Minister had chosen to go down that route, he would have had a great deal of co-operation from Opposition Members and we would have ended up with a better piece of legislation. One issue that we might have been able to address in such circumstances is whether it is right to make the change through legislation or Standing Order, which might well have saved us from the danger of the question of calling a general election at any time being justiciable in the courts. Lord Pannick also made that point. He said that, as there had been no pre-legislative scrutiny, it was important that after a future general election there was an opportunity for each House to consider the matter again.
Naomi Long (Belfast East) (Alliance)
One definition of “fix” is:
“To place securely; make stable or firm”.
Surely the Lords amendment does the reverse on two counts, in that it neither makes it the fixed position that there will be fixed-term Parliament nor sets in stone the time at which that decision would be taken by future Parliaments. What it creates is the opposite of “fixed”; it creates an insecure situation.
Chris Bryant
My contention and, I think, Lord Pannick’s contention is that this is a fix in a different way, because it is essentially rigging the constitution so as to make it possible for the coalition to remain in government until 2015—against the manifesto commitment.
Chris Bryant
Let me finish my point. Lord Pannick also cited the Constitution Committee in the House of Lords, which said:
“the origins and content of this Bill owe more to short-term considerations than to a mature assessment of enduring constitutional principles or sustained public demand.”
I think their lordships were right. I will now give way to my hon. Friend the Member for Foyle (Mark Durkan) and then to the hon. Member for Belfast East (Naomi Long), who is slightly my hon. Friend.
Mark Durkan
I thank my hon. Friend for giving way. Earlier, he indicated to the Minister that he assumed that the resolution provided for under the amendment would be moved at the start of a Parliament on the basis that any Government worth their salt would do it then. Can he tell us what he believes any Opposition worth their salt would do in relation to such a resolution? Would not the scenario that he is arguing for, of a Government doing that at the start of a Parliament, mean that the very unedifying spectacle that we have seen in this Parliament of a Government fixing the term to suit themselves would happen in every Parliament?
Chris Bryant
I suppose it is true that every Opposition will always want to take an opportunity to have an early general election. The nature of opposition means wanting to become the Government, so the Opposition would want the chance to have a general election. I think that is the drift of what my hon. Friend said. As I have said, I think we would have a better piece of legislation if we had had pre-legislative scrutiny and had been able to sit around a table, not just with the main parties but with the smaller, minority parties too.
Naomi Long
On the issue of fixing, would it not appear to be more of a fix if the Bill affected only one Parliament in which we happen to have a coalition and then fell into abeyance and had to be resurrected for future Parliaments than if the system were changed to introduce fixed-term Parliaments on a permanent basis, thereby requiring future Governments to rescind that decision if they wanted to change it?
Chris Bryant
No, I do not accept that, because the experience over the rather sad course of this Bill has been that there has been no consultation with the Opposition about a major constitutional change. The hon. Member for Broxbourne (Mr Walker) said earlier that the system has lasted for 300 years, but I do not think it has been a good system or that it has been perfect for the British constitution, because it has on occasion allowed too much power for a Prime Minister to call a general election at his or her—well, very rarely at her—convenience. In that regard, it is better that we should proceed in a different direction. For us the key issue is whether a term should be four or five years.
Mr Charles Walker
No system is perfect, but we have had a fairly dynamic democracy over the past 350 years and by fixing parliamentary terms we will lose some of that dynamism.
Chris Bryant
I have sympathy with that argument, but I also think that this is one of the changes towards a fixed-term Parliament that would assist in that and would be another part of the steady progress of parliamentary evolution to which he referred.
Mr Cash
Does the hon. Gentleman agree that there are really interesting historical analogies? I am thinking of the vote of 311 to 310 that led to Lady Thatcher’s becoming Prime Minister and of the debate after Munich on 10 May 1940. If we had had fixed-term Parliaments at those times, the whole thing would have been completely undermined despite the fact that the country was in uproar and wanted change. That would have been the case with a fixed-term Parliament of the kind that he wants as well as with one of five years.
Chris Bryant
No, I disagree, but we will come to that issue when we debate the second set of amendments about the measures concerning early general election. We have some disagreements with the Government, as the hon. Gentleman knows, but that is a matter for us to debate later.
Chris Bryant
If the hon. Gentleman does not mind, I will not, as I am keen to conclude my remarks.
The Minister asked whether both Houses should decide. That goes to the heart of the matter. Yes, we believe that both Houses should decide, but if the Minister had wanted to change that, he could have tabled an amendment in lieu of the Lords amendment, which could have said that just as in the provisions on an early general election, there would be a vote in one House—this House. There could have been a vote in this House on whether it was a fixed-term Parliament. The Government’s response tries to bind a future Parliament in an inappropriate way. I think that is a mistake, so we will support the Lords amendment.
Mr Syms
It is this House that determines who the Government are. This is the majority House. As we know, the upper House is a hereditary or semi-hereditary Chamber. Even under the proposals for election, it will not be the majority House. It is therefore proper and responsible that this Chamber should determine whether there should be a fixed-term Parliament. That is not the business of the upper House. The decision has to be made in this House.
The only question to debate is whether it is the Prime Minister who makes the decision or the House. Historically, it has been the Prime Minister. We have had a constitutional change. I am a conservative with a small c and I do not generally like change, but one has to acknowledge the fact that in order to command a majority in the House, the measure is part of the deal. That is a good reason for doing it. If that was not part of the deal, one would not necessarily be in government and doing many other good things for the country under our programme.
We all know that Prime Ministers lose the confidence of the House. There are occasions when Prime Ministers are challenged, and one of the things that bolsters unpopular Prime Ministers is the threat of Dissolution. It is up to them. They can throw the cards up in the air and call a Dissolution, even if they lose the confidence of their own party. That has always been one reason why Prime Ministers have stayed in Downing street when there was good reason for moving them out and having a vote of no confidence in a political party.
The other factor, which is one of the different features of modern politics, is that there are now more parties in the House—we have the Greens in this Parliament—more of a fracture in the current political system and more regional parties. It will probably be more difficult in the longer term for a party always to be confident of a majority in the House. My hon. Friend the Member for Stone (Mr Cash) is right. Coalitions may be more a part of the future than some of us who prefer majority government would like to think.
The Government’s position is tailored to that situation, so I will support what they are doing today. Circumstances have changed, and if one has to make a decision, it is better that political parties and the usual channels in the House determine a Dissolution than an unpopular Prime Minister who may have a different agenda from others in the Chamber.
Mark Durkan
I am delighted to be able to agree with the thrust of the remarks of the hon. Member for Poole (Mr Syms) in relation to the key effect of the Lords amendments, which would extend the power of the House of Lords as it now stands and in whatever future shape it takes, by making sure that the upper House was in a position of dual control with this House on whether there was a fixed-term Parliament. We know from sentiments already expressed in that House—echoed many times in this House—that there is opposition to serious proposals on Lords reform, and in those circumstances I would certainly not indulge any extension of their powers or ability to trespass on the primacy of this House, which is exactly what the amendments would do.
A number of weeks ago the hon. Member for Rhondda (Chris Bryant) rightly lampooned the democratic credentials of the other Chamber, and yet now he wants to extend its control over the democratic proprieties of this Chamber and over whether there is certainty on when there will be a general election. I fully agree with him that those of us who believe in fixed-term Parliaments face a predicament with the Bill, because many of us believe that four years is the natural term for a Parliament. It was the natural term that this Parliament chose for the devolved Assemblies and Parliaments, and it was right that they were comfortable with it, but because Parliament is opting for five years, those assemblies will also have to shift to five years, which I do not believe is the natural rhythm for fixed terms.
Nevertheless, it would be a bit much for someone like me to use the fact that I believe in four-year terms, in addition to believing in fixed-term Parliaments, to vote for rupturing the nature of the Bill. As someone who is proudly in the Irish Labour tradition, I have great regard for Jim Larkin, who once said that the purpose of politics was to keep narrowing the gap between what is and what ought to be. I believe in fixed-term Parliaments. Unfortunately, the only choice we now have is five-year terms. In future, I hope that other parties will be elected with a mandate to alter that fixed term to four years and that future Parliaments will do that, but I believe that we will reach that stage quicker by voting for fixed-term Parliaments now and amending the length of the term in future. If instead we get to the meaningless point of having a Bill that is a fixed-term Parliaments Bill only in name, rather like the two-hour dry cleaners that tells customers to come back next Tuesday because “two-hour dry cleaners” is just the name of the shop, that Bill will not fulfil its purpose in any real way.
In relation to the amendments, there is a curious idea that both Chambers would decide on whether there would be a fixed term, but there is uncertainty on when those resolutions would be laid and who would lay them. The references to the Prime Minister in some of the amendments relate only to moving the date of an election back by up to two months, and I think that some people have misread that and think that it means that the resolution would have to come from the Prime Minister, but it would not. It seems that we would be left with a curious situation in which anyone could seek at any time to move such a resolution in either Chamber and create various difficulties that would simply add to the political mess and to the uncertainty on whether we have fixed terms.
I also agree with the hon. Member for Rhondda in his criticism of the Bill’s provenance and the fact that it came about not to fix the term of Parliament, but to fix this Government. It was intended to create a fixed-term Government and a fix for this Parliament. For that reason it is wrong and it is bad. However, the amendments would have the effect of prescribing legislation that would have every Parliament begin with a Government using their majority to fix the term in a way that suited them. He said that any Government worth their salt would do that early on in the term, and presuming that an Opposition worth their salt would oppose it, we are left asking what the point would be and what such legislation would achieve, other than an unedifying procedure each time a recently elected Government appear to fix the terms on which they will govern which the Opposition resist. The whole idea of a fixed-term Parliament Bill is to ensure that there is no political speculation or contention on those issues. Looking at the nature of some of the other clauses and amendments, I do not believe that the Prime Minister is ceding as much power as some hon. Members have said.
This is an unusual and uncomfortable experience for me, but I concur with the Government on these Lords amendments. Unfortunately, on this occasion I have to disagree with my hon. Friend the Member for Rhondda while fully agreeing with his basic, continuing underlying criticism of some of the background to the Bill.
Mr Shepherd
I agree with a lot of the points made by the hon. Member for Foyle (Mark Durkan). I am conscious that this a Bill to fix a Parliament: that is the purpose behind it, plain and simple. The difficulty that the House of Lords faced and that we face in this House—it is the reason I voted against the Bill on Second Reading and otherwise—is the incoherence of the constitutional change that these amendments, to some extent, address.
We are embarked on almost reckless constitutional change with no overall coherent view of what we want. I know what I want, and I rather suspect that the hon. Member for Foyle knows what he wants—a democratically elected, accountable House of Lords. That raises all sorts of subsidiary questions as to which has primacy and which does not. We have here a fix, without any view as to what the constitution is going to be, that has involved nothing other than the coalition partners bringing forward a Bill that contains certain propositions that do not relate. I appreciate that we have had all the debates about four years as opposed to five years and the rhythm of the process. We have had the AV referendum, which was again unrelated to how the constitution was going to look.
That is why the Lords tabled these amendments. In a sense, they are not serious amendments—serious in the sense of how they prick this process and bring in a wider consideration of what the constitution should be, to whom is it accountable, and how we make these changes. Essentially, this fixed-term Parliament proposal is “back of the envelope”. Do we really want a five-year fixed term when we might have had only four years? I think that that was the position of the Labour party in its manifesto, and the position of the Liberal Democrats. The joyous thing about it is that we did not have a view, other than against, in our election manifesto.
Mr Harper
Yes, forgive me—it was the hon. Member for Rhondda (Chris Bryant) who said it was a fag packet. This Bill was introduced in July last year. It was fully debated in this House and in the other place, and it is now almost a year later. One cannot in any sense agree with my hon. Friend’s proposition that the parliamentary debate on and scrutiny of this Bill has not been thorough and well thought through.
Mr Shepherd
I am sorry, but my point was not as the Minister so kindly describes it. My point was that we are talking about a constitution. The problem for everyone, not only in this Chamber but out there too—the people—is what are the forms and proper norms by which we should conduct our business, electorally or otherwise.
Now these piecemeal bits are coming forward whereby the Lords make the absurd proposition that it should have a role, as an unelected House, in determining when an election should be. That is clearly absurd, and to that extent I am sympathetic to the Government. However, I am very opposed to a five-year Parliament. There has been no testing on that. A parliamentary majority in this House will now determine that we have a new form of constitution that the hon. Member for Foyle is apparently happy about on the basis that it is only temporary and we might have a different, and therefore proper and better, version at a later stage. We have to deal with where we are here and now. We want a proper constitution, I would argue. I think that that is the position of the Labour party. I know that a good many Government Members also want a constitution that stands the test of time. No one from outside has really been invited into the supposed consultation.
The Deputy Prime Minister has not even come to argue for his position. That truly trivialises the whole process. I have gone on about that before. However much I am thrilled with the presence of the Minister, it is absurd that those who make these propositions cannot come here and argue for them.
Madam Deputy Speaker (Dawn Primarolo)
Order. I know that the hon. Gentleman feels strongly about this matter, but he is drifting from the point of the Lords amendments. I know that he is setting the context, but that context is getting a little too wide. I would like him to narrow his speech back to the amendments.
Mr Shepherd
I am trying to use the amendments to explain and understand what the Lords are doing. I appreciate that I may be going too wide, and I am sorry if that is so, but that is the purpose behind what I am doing. It is in that context that I am going to vote for the Lords amendments. They are absurd; there is no question about that in my mind. It is absolutely absurd that the Lords, who are not democratically elected, should be setting out such amendments. The very writing of the amendments is extraordinary for a place that we are told is full of very intellectual and clever complacents. It is extraordinary that they should even be looking into this. However, I did not open this discussion; the coalition opened it, and it did not do so in a rational or reasonable way. I am trying to find an argument to support the amendment so that I can vote against what is an improper process. It is as simple as that, Madam Deputy Speaker.
I want those on the Government Front Bench to understand my point. They are careering on. They held an AV referendum, but apropos of what—whether one was for it or agin it? I know, Madam Deputy Speaker, that AV is not on the amendment paper.
Madam Deputy Speaker
Order. The hon. Gentleman knows that he is out of order. He is making points directly to his party. I would appreciate it if he kept to the amendments before us and did not range far and wide. There are other Members still to speak and other amendments still to cover. I know that he knows he is out of order because he keeps telling me that he is. I have been very generous to him, but it stops now. Please come back to the amendments.
Mr Shepherd
I am obliged for the courteous and pleasant way in which that was said. Mirror, mirror on the wall, I know that I am—[Laughter.]
Mr George Howarth (Knowsley) (Lab)
I apologise for missing the beginning of the hon. Gentleman’s speech. I wonder whether I may risk leading him astray. How does he think a fixed five-year term for this House stands alongside the proposals for a 15-year term for some peers in the other place?
Madam Deputy Speaker
Order. The hon. Member for Aldridge-Brownhills (Mr Shepherd) and I can both guess whether he should go down that line. I think the answer is that he should not. Can he please come back to the amendments?
Mr Shepherd
Of course, Madam Deputy Speaker. There was no way that I was going to rise to that fly. We will get back to the substance of the matter.
These are ridiculous proposals from the House of Lords—on that I agree. To that extent I am with the body of the House, which, I hope, feels that this is almost an impertinence. That impertinence is qualified, of course, by the fact that the Lords are the second Chamber, and that as it stands—other than in matters of money, as I understand it—they have all the rights of a second Chamber to make or change legislation. They are wrong to table the amendment, but they are right in the spirit of it. I hope that it is in order to suggest such a thing. My proposition is that they are right in the spirit of it because it is the only way in which they can attack this matter.
I hope that this cheerful Chamber will look askance at the Minister and his colleague, the Deputy Leader of the House, who are sitting on the Front Bench and trying to seduce us into thinking that there is some immaculate constitutional conception behind the Bill. There is not. It is the raw politics of “We want to be there for five years, in the hope that something turns up at the end of the fifth year”. That is what it is about, and we know it. I urge the House to vote for the Lords amendment, and damn them.
Mr Cash
This was not in our manifesto. The people who voted for us certainly did not vote for fixed-term Parliaments.
In 1940, as I have said, the Government won the vote in May, but the public would not countenance that Government remaining in power for another day. That was what got rid of Neville Chamberlain, and Leo Amery said:
“In the name of God, go.”—[Official Report, 7 May 1940; Vol. 360, c. 1150.]
Mr Cash
There was a similar example in the Cromwellian period. There are great events taking place in the world today, and the whole question of the sustainability of government ultimately depends on the continuing will of the people as a whole. The idea of fixed-term Parliaments is intrinsically wrong, because it defies the gravity of the views of the public at large. If the public were to turn against fixed-term Parliaments, under the Bill they could not succeed because fixed-term Parliaments would have been entrenched by statute, which would be upheld by the judiciary. That is fundamentally an attack on our sovereignty and the sovereignty of the people of this country. That is why I object so strongly to the whole idea of fixed-term Parliaments, whether of five years or four. It is unconstitutional, wrong and prevents the people from being able to demand a general election irrespective of the views of a Prime Minister or a coalition that is cobbled together despite the views expressed in the respective manifestos.
Question put, That this House disagrees with Lords amendment 1.
Madam Deputy Speaker (Dawn Primarolo)
With this we may take Lords amendments 5 to 8.
Mr Harper
These amendments were moved in the other place and I want the House to agree to them, but I shall take a little time to explain why. One of them is particularly significant, because it replaces clause 2 with a completely new clause 2. Hon. Members will remember from our earlier debates that clause 2 is particularly significant because it contains all the provisions for early elections, in the context either of two thirds of the House choosing to hold one or of a vote of no confidence. It is therefore worth explaining to the House what we are proposing.
Lords amendment 4 deals with the powers in the Bill for the Prime Minister to alter the date of an election in an emergency—[Interruption.]
Madam Deputy Speaker
Order. I am sorry to interrupt the Minister, but I am finding it rather difficult to hear him, because there are a lot of private conversations going on. I ask Members to listen to the Minister. The sooner we deal with this business, the sooner we can move on to the next.
Mr Harper
I am grateful to you, Madam Deputy Speaker.
Lords amendment 4 leaves out the “earlier or” provision. When we considered the Bill originally, it contained provisions for the Prime Minister to vary the date of an election, by moving it either forward or back by two months. In our debates in the Commons, many Members identified instances in which moving the date back would make sense, such as the outbreak of foot and mouth in 2001, but no one could think of any good reasons for moving an election to an earlier date. Similar points were made in the other place and amendments were tabled to remove the provision to move an election to an earlier date. We think that that is sensible. If there were a general consensus that we needed to hold an election at an earlier date, we could of course use the provisions in clause 2 and the House could vote to enable that to happen. The power to move an election forward therefore seems unnecessary, and Lords amendment 4 deals with that.
Lords amendment 5 also deals with clause 1(5) of the Bill. The Lords Delegated Powers and Regulatory Reform Committee recommended that, when seeking to vary the date of an election under the power in clause 1(5), a Prime Minister should lay a statement before both Houses setting out the reasons for proposing the variance of the date. The Government accept that that recommendation would enhance the transparency of the exercise of that power, and the amendment would implement the Committee’s recommendation.
Lords amendment 6 is the most significant in the group. It was supported by the Government in the other place, and it was tabled following consultation with two former Speakers of this House: the noble Baroness Boothroyd and the noble Lord Martin of Springburn. It also had support from Labour Back Benchers and from Cross Benchers. It is significant because it substitutes an alternative version of clause 2, setting out the exact forms of motions of confidence and no confidence for the purposes of the Bill. The amendment retains the original architecture of the clause, and the two triggers for an early general election—namely, that the House may vote for an early Dissolution with the support of two thirds of all Members, and that a vote of no confidence may ultimately trigger and early general election.
We had much debate of an important topic at an earlier stage of the Bill and earlier today when my hon. Friend the Member for Aldridge-Brownhills (Mr Shepherd) suggested that what we were doing was changing the constitution. It is worth reminding the House that following a vote of no confidence in a Government, there is currently a dual convention—that the Prime Minister either resigns or calls a general election. That dual convention was set out in a recent book of Professor Vernon Bogdanor, who Members who have attended these debates will remember was my tutor. On many occasions, Professor Bogdanor has been quoted against me; he and I have not always agreed. In this particular case, I am pleased to be able to quote him in support of my arguments.
Mr Cash
This 14-day period is simply a ruse, cobbled together by moving various Ministers around, in order simply to keep the existing Government in power. If a Government have a confidence motion and lose it by a majority of one, that is it—as happened with Lady Thatcher when a motion was passed by 311 to 310. That was the end of it; then a general election, leading to another Government, took place. That is how the system should function—the rest of it just cobbled together, as I say, for the sake of keeping a coalition moving under all circumstances. I am sure that the Prime Minister’s tutor, Vernon Bogdanor—also the Minister’s tutor—could have explained all that to him.
Mr Harper
My hon. Friend is simply not right. We have had this debate before. It is important because it relates to the revised clause 2, brought about by one of the Lords amendments, which refers to a 14-day period. I know that the hon. Member for Rhondda (Chris Bryant) supported it strongly when we debated it in Committee and on Report. Indeed, the Opposition supported our proposition when we voted against an amendment that I believe my hon. Friends had tabled.
Two alternatives can take place. I know this 1924 example goes back a bit, but it is one of the scenarios that can happen. Of course, that did not happen in 1979, but that was because we were at the tail-end of a Parliament, so the general election took place. If a vote of confidence were lost early in a Parliament, the situation I described could occur.
Another important issue came up here and in the other place when the rationale for clause 2 was debated. The 14-day period is not mandatory; it is the maximum period that can apply. If the Government had lost a vote of confidence and there were a general consensus that the country should move immediately to a general election, there would be nothing to stop the Government putting down a motion for an early Dissolution. A vote on it could happen and the general election could be triggered immediately. I am not sure that that argument came out strongly in the other place; that is why it is worth putting it on the record.
We listened carefully to the concerns expressed in the other place about clause 2. We also conducted meetings with the two former Speakers, as I mentioned. We listened and made the amendment. Opposition Members will be pleased that the amendment has been made. The hon. Member for Rhondda said that as we were abolishing the Prime Minister’s right to dissolve Parliament, and placing that right in the hands of Parliament, it would be better to state in the Bill, in clear language, what constitutes a motion of no confidence, so that there can be no doubt.
Jacob Rees-Mogg (North East Somerset) (Con)
Will the Minister explain a couple of things? First, is there another example in legislation of a motion being laid down for Parliament to follow, or is it an innovation? Secondly, who will determine whether the motion has been passed in the correct form? Will it be a matter for the courts?
Mr Harper
Let me develop my argument, and I will cover the points raised by my hon. Friend. The concern in the other place about the original drafting of clause 2 was raised particularly by the two former Speakers, who felt that not having specific motions laid down, and requiring the Speaker to certify that votes of no confidence had been lost, would draw the Speaker into controversy. This House and the other place were happy that there was no issue about privilege and the courts trespassing into decisions of the House, but it was felt that there was a risk of the Speaker being drawn into controversy. The Government accepted the other place’s view that the language of the motion should be set out clearly.
Mr Tom Watson (West Bromwich East) (Lab)
On a point of order, Madam Deputy Speaker. I apologise to the Minister and to you, but given the seriousness of the matter I wish to raise I must do so urgently. The Guardian newspaper has just issued a statement saying:
“The prime minister’s account of why he failed to act on the information we passed his office in February 2010 is highly misleading.”
Have you had notice of an urgent response from the Prime Minister so that he can put the matter right at the Dispatch Box?
Madam Deputy Speaker
Comments that are made outside the House are not the responsibility of the Chair. If the hon. Gentleman is suggesting that there is a question of privilege, I would advise him that he must write to the Speaker. It is not a matter for me now.
Mr Harper
I am grateful, Madam Deputy Speaker.
The new version of clause 2 set out in the amendment spells out the exact wording of motions of no confidence, motions of confidence, and motions for an early Dissolution. Whether the conditions have been met would therefore be plain for everyone to see, and it would be clear from the Votes and Proceedings and the Journal, and the Speaker would not need to be drawn into certifying whether the motions had been passed. That was the reason why the amendment was supported by the former Speakers, the Opposition and the other place. The amendment delivers what we had originally intended—that the power to trigger an early Dissolution should lie with this House—but adds clarity and does not risk drawing the Speaker into controversy.
Amendments 7 and 8 are very important, especially for those Members who represent parts of the United Kingdom with devolved legislatures. When the Bill left this House, I told Members that we were in discussions with the parties in the Scottish Parliament and the Welsh Assembly about how to deal with the coincidence of elections in 2015. I wrote to the Presiding Officers of the Scottish Parliament and the Welsh Assembly on 17 February, and proposed that if they passed a resolution with the support of at least two thirds of their Members, ensuring that there was consensus across the parties, we would agree to legislate to move the dates of the 2015 Scottish Parliament and Welsh Assembly general elections up to one year later. The Scottish Parliament passed a unanimous motion on 3 March confirming that it wished the UK Government to bring forward a provision to defer the 2015 election to 5 May 2016, and a similar motion was passed by the Welsh Assembly on 16 March.
We have said that if the House accepts the amendments, in the longer term we will conduct a detailed assessment—this issue arose during the debate on the earlier group of amendments—of the implications of the two sets of elections coinciding at a later date. Once we have conducted that assessment, if we think that there is a case for changing the cycle of elections, we will carry out a public consultation in Scotland and Wales on whether the devolved legislatures should be subject to permanent five-year terms.
Mr Cash
Does the Minister not agree that, whether we adopted the original proposals in the Bill or the proposals of the former Speakers and others, the matter would be justiciable? The Speaker would indeed be drawn into controversy, but there would also be a risk of the whole question being adjudicated by the courts.
Mr Harper
We debated the issues of privilege, justiciability and whether the courts would seek to intervene in these matters at length in Committee and on Report, and they were also debated in the other place. I think that the general view was that the risk of intervention by the courts was very slight. It did not seem to concern Members of either House, although I accept that my hon. Friend still has concerns about it.
Mr Cash
The Clerk of the House, in his careful consideration of the issue, took the view, very strongly, that it would lead to justiciability. That is not just the view of one humble Back Bencher; it is also the view of the Clerk of the House, to whom fulsome tributes were paid yesterday for his wise advice.
Mr Harper
I recognise that. The Government set out our reasons for disagreeing with that view, and I believe that their case was accepted by Members of both Houses. We have already debated the matter at length, and I do not think that there is a feeling that we should resurrect that debate now.
In Northern Ireland, there will be consultation with the Northern Ireland Executive and all the political parties, which will begin when the Northern Ireland Office has received reports from both the chief electoral officer and the Electoral Commission on the May 2011 polls, which involved three combined elections. The chief electoral officer’s report has just been received and is being examined by officials, and the report of the Electoral Commission is expected to be received shortly.
Given that the amendments were accepted in the other place and there was a fair degree of consensus, I urge Members to agree with the Lords.
Chris Bryant
I broadly agree with what the Government have said. I would point out, however, that the Government, and the Minister himself, have developed a rather irritating habit of opposing measures at this end of the building and then agreeing with them at the other end. That is bad for the way in which we conduct our business in this House. It applies particularly to the replacement for clause 2, in Lords amendment 6. All the changes in these amendments were contained in amendments that we tabled at this end of the building—
Chris Bryant
I will not give way to the Minister, I am afraid.
The Minister chose to oppose the amendments in this House, and then accept them in the other Chamber.
Chris Bryant
I am not going to give way to the Minister. He has spoken plenty.
This is the second occasion on which the Minister has done that today. This morning he tabled a written ministerial statement that basically consisted of an amendment that he voted against during our debates on the Parliamentary Voting System and Constituencies Bill. I wish he would stop doing it.
All I will say to the Minister about the improved clause 2 is that part of it, the “two-thirds majority” provision, remains foolhardy. Requiring a special majority to secure something constitutes a complete change in the practices of the House. It is also completely unnecessary, because it is almost inconceivable that on any occasion on which the Government tabled a motion for an early general election, the Opposition would not agree with it. There would always be a two-thirds majority. Let me say to Liberal Democrat Members who may think that that would protect them if the Prime Minister opted for an early general election before the planned date for the next general election, that it will do no such thing.
Lords amendment 4 agreed to.
Lords amendments 5 to 8 agreed to.
Lords amendment 9 disagreed to.
Motion made, and Question put forthwith (Standing Order No. 83H), That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to their amendments;
That Mr Mark Harper, Mr Philip Dunne, Chris Bryant, Jonathan Reynolds and Mr Mark Williams be members of the Committee;
That Mr Mark Harper be the Chair of the Committee;
That three be the quorum of the Committee.
That the Committee do withdraw immediately.—(Mr Goodwill.)
Question agreed to.
Committee to withdraw immediately; reasons to be reported and communicated to the Lords.
Madam Deputy Speaker (Dawn Primarolo)
Order. I now have to announce the results of Divisions deferred from a previous day. On the question relating to the Equality Act work on ships, the Ayes were 316 and the Noes were 233, so the Ayes have it. On the question relating to the Equality Act duties on public authorities, the Ayes were 316 and the Noes were 230, so the Ayes have it.
[The Division lists are published at the end of today’s debates.]
Opposition Day
(12 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text
Rupert Murdoch and News Corporation Bid for BSkyB
(12 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Edward Miliband (Doncaster North) (Lab)
I beg to move,
That this House believes that it is in the public interest for Rupert Murdoch and News Corporation to withdraw their bid for BSkyB.
The motion stands in my name and those of right hon. and hon. Members across the House: the former leader of the Liberal Democrats, the right hon. and learned Member for North East Fife (Sir Menzies Campbell), the leader of the Democratic Unionist party, the leader of the Scottish National party, the leader of the Social Democratic and Labour party, the leader of Plaid Cymru and the hon. Member for Brighton, Pavilion (Caroline Lucas). I thank them all for joining me in tabling this motion. I also thank those Conservative Members who have set out their support for the motion in advance of the debate.
It is unusual, to put it mildly, for a motion in this House to succeed before the debate on it begins, but this is no ordinary motion, and this is no ordinary day. Make no mistake: the decision made by News Corporation was not the decision it wanted to make. It may have been announced before this debate, but it would not have happened without it. Above all, this is a victory for people: the good, decent people of Britain, outraged by the betrayal of trust by parts of our newspaper industry, who have spoken out up and down this country, and who have contacted Members across this House and told us of their concerns. The will of Parliament was clear, the will of the public was clear, and now Britain’s most powerful media owner has had to bend to that will.
This debate is an opportunity to understand how we got here and where we go from here. I will speak briefly, to allow others to speak in what has been a curtailed debate. The terrible revelations of the last week have shaken us all. They have caused immense pain and heartache to bereaved families, as they learned that their most private moments were stolen from them to sell newspapers. As each day has gone by, I am sure all of us will have felt the same: surely it cannot get any worse than this. But it has: the phone of Milly Dowler, the victims of 7/7, the families of our war dead, and the personal details of our former Prime Minister. And we are told that there is worse to come. These revelations have uncovered a pattern of sustained criminality that is breathtaking, and they have called into question our faith in the police’s capacity fully to investigate wrongdoing.
There are many things that we need to do to put these wrongs right. We have done one of them today. This was a time for the House of Commons to give voice to the views and feelings of the British public about the integrity of our media, which should be at the centre of our democracy. The principles at stake go to the heart of the country we believe in. They are about whether we allow power to be exercised without responsibility, about whether the responsibility we need goes right to the top of our society, and about the truth that no corporate interest should be able to write the law or be above the law.
Mr William Cash (Stone) (Con)
Does the right hon. Gentleman agree with the point that I put to the Prime Minister earlier, which is that it would be incongruous to have terms of reference for this particular inquiry—most of the terms of reference having been announced—that exclude the sound and visual medium? We talk of “the media” generally, but most of the argument turns on the question of the word “press” and newspapers. Should the definition not be extended?
Edward Miliband
I am sure that that point will be considered, but what I say to the hon. Gentleman is that the abuses that we have seen are in our newspaper industry, and we want this inquiry to get on and concentrate on where there have been abuses. It will, of course, examine cross-media ownership, and I think it is right for it to do so.
This debate is also about the relationship between private power and the power of people, given voice by this Parliament. We need strong entrepreneurial businesses in this country, but we need them to show responsibility, and in these highly unusual circumstances it was right that Parliament intervened. The case was clear about why the stakes were so high in this bid—I will say something about that—about why the revelations of the recent past comprehensively undermine this bid, and about why the motion was necessary. I will deal with those points briefly.
Charlie Elphicke (Dover) (Con)
The right hon. Gentleman talks about the “recent past”. As a new Member, I see that this goes back to 2003. We had deeply concerning reports from the Information Commissioner in 2006, so why was action not taken before 2010? Why was this not dealt with?
Edward Miliband
All of us accept our share of responsibility for not having spoken out more on these issues. The question is: what is to be done now? Is this House going to take action? Are we going to work together to deal with these issues?
Let me start by talking about why the stakes in this case were so high. News Corp was bidding for 100% control of BSkyB. This would have represented a major change for our public life in any circumstances, let alone those that we now face. It would have given News Corp unfettered control of one of the two largest broadcasters in Britain, as well as the 40% control of the newspaper market that it already owned. This was not some incidental change, but a major departure. The revelations of recent weeks went to the core of this bid. They suggest that people at News International have concealed and dissembled in an attempt to hide the truth about what had been done, including from this House of Commons.
Mr Chuka Umunna (Streatham) (Lab)
Does my right hon. Friend agree that, given the revelations and the differences in the information that has been provided to this House, it is right and proper for Rebekah Brooks, James Murdoch and Rupert Murdoch to answer the call from the Select Committee on Culture, Media and Sport to give evidence to this House next Tuesday?
Edward Miliband
My hon. Friend is absolutely right about this, because those people are key figures in the newspaper industry, and indeed the whole media industry in Britain, and they should not be above the Select Committee. It is absolutely right—I am sure that this view will be shared in all parts of this House—for them to come before the Select Committee.
Edward Miliband
I am going to make progress, but I will give way to the hon. Gentleman.
Christopher Pincher
Was the right hon. Gentleman saying those things to Rupert Murdoch when he was eating his canapés three weeks ago?
Edward Miliband (Doncaster North) (Lab)
Let me say to the hon. Gentleman, who is new to this House, that this is an opportunity for the House of Commons to speak with one voice on these issues. That is what we should do today.
I was about to say that the issues we are discussing are about the integrity of people working at News International. The Chair of this House’s Select Committee on Culture, Media and Sport says that he was misled, the head of the Press Complaints Commission says that she was lied to by News International, James Murdoch has admitted serious wrongdoing in the company, and there are now, of course, allegations that News International knew that phone hacking was widespread as long ago as 2007.
Toby Perkins (Chesterfield) (Lab)
On the subject of the individuals to whom my right hon. Friend just referred, one thing that shocked many people as much as anything was the fact that on Sunday and Monday, when Rupert Murdoch arrived, he said that his No. 1 priority was Rebekah Brooks—not the Dowlers, not the families of the victims of 7/7, and not the families of dead servicemen. Rebekah Brooks was his No. 1 priority. Does that not show why he has a complete responsibility to come to this House and answer its questions?
Edward Miliband
My hon. Friend is entirely right. Throughout this process Mr Murdoch has seemed to show no recognition of the scale of abuse of the trust of the people of this country, whom he claims daily in his newspapers to represent and whose voice he claims to understand. My hon. Friend is totally right.
Jim Sheridan (Paisley and Renfrewshire North) (Lab)
Does my right hon. Friend share my concern about the workers who will be losing their jobs in this whole debacle? While the Rebekahs of this world refuse to move on, those at the bottom end of the pay chain will have no choice about losing their jobs.
Edward Miliband
My hon. Friend is right: the cruel irony of the closing of the News of the World is that the one person who we know was responsible, in the sense that she was in charge when Milly Dowler’s phone was hacked, was the one person not to lose her job as a result of the decisions that were made.
Let me make some progress. Even though we do not yet know what charges may be laid and against whom, it is apparent that there are serious questions to be answered about alleged criminal activity perpetrated by people in News International. Sky is a respected broadcaster under diverse ownership, and we did not want Sky taken over by a company under such a cloud.
Let me explain why the motion was necessary; I see that the Secretary of State for Culture, Olympics, Media and Sport is in his place. For months the Government have argued that they could rely on assurances given to them by an organisation about which there was mounting evidence of serious wrongdoing. Last Wednesday the Prime Minister told me there was no alternative to the Culture Secretary’s process, and that nothing could be done. Five days later the Culture Secretary changed direction, a decision I welcome, and referred the bid to the Competition Commission. That decision—hon. Members should understand that this is why the motion was necessary—would have ended up back on the Secretary of State’s desk before the end of the criminal process. He would then have needed to make a decision about the bid without all the relevant factors having been considered. That is why we tabled this motion.
Pete Wishart (Perth and North Perthshire) (SNP)
The right hon. Gentleman is absolutely right to say that the motion was necessary, and he will note that Scottish National party Members were signatories to the motion and support him in his endeavours. He is also right to stress that cross-party unity is important in all this, but will he accept and acknowledge that he perhaps got the tone wrong today at Prime Minister’s questions? The public do not want to see this argy-bargy between the two main parties. All parties in the House must work together on this issue.
Edward Miliband
I take on board the hon. Gentleman’s advice, but I do not necessarily agree with it on this occasion.
We tabled this motion because the issue would have ended up back on the Secretary of State’s desk.
Edward Miliband
I am going to make some progress.
Let me talk more generally about the issues we face. We want a free press. We want an independent press. We want the kind of journalism that does that profession proud and makes the rest of us think. The vast majority of journalists are decent people, with a vital role to play in our public life, but the best way to protect them, and to protect the integrity of our press, is to root out the kind of journalism that has left us all sickened. We all have a responsibility to get to the bottom of this scandal and ensure that something like that can never happen again. That is why I welcome the inquiry that has been announced today, and the comprehensive nature of that inquiry.
Edward Miliband
I am not going to give way.
We have to address all the issues that we face for the future. On the relationship between the press and politicians, let me be clear. There is nothing wrong with politicians engaging with the media, and Members across all parts of the House will continue to do so. What matters is not whether those relationships exist but whether they stifle either the ability of the press to speak out against political leaders or the ability of political leaders to speak up.
Mr Graham Stuart (Beverley and Holderness) (Con)
Will the right hon. Gentleman give way?
Edward Miliband
I am not going to give way. [Interruption.] We have very little time for the debate and many hon. Members want to speak. I want to give them proper time to speak.
As I was saying, this is about whether those relationships are conducted in a transparent way. That is why all Members of the House—I hope that this answers hon. Members’ questions—should be available to appear before Lord Leveson’s inquiry. On cross-media ownership, the inquiry will need to think long and hard about the dangers of the excessive concentration of power in too few hands. Most importantly, we must protect people from the culture that allowed all those events to happen.
Lastly, there is a difficult issue for the House: the painful truth is that all of us have, for far too long, been in thrall to some sections of the media, including News International. For too long, when these things happened we just shrugged our shoulders and said, “That’s the way it is,”—but no longer. The events of the past seven days have opened all our eyes and given us the chance to say, “It doesn’t have to be like this.”
I want, before I finish, to pay tribute to the people who made this possible, and to Back Benchers across the House for their courage in speaking out. I pay tribute particularly to my hon. Friends the Members for Rhondda (Chris Bryant) and for West Bromwich East (Mr Watson) for their tireless and brave work on these issues. I pay tribute to Members on the Government side, such as the hon. Members for Richmond Park (Zac Goldsmith) and for Mid Sussex (Nicholas Soames), who spoke out about BSkyB in last week’s emergency debate, and to the Select Committees and their Chairs on both sides of the House. I also want to pay tribute to you, Mr Speaker, for the seriousness with which you have taken Parliament’s role on this issue.
This is a victory for Parliament. This House has been criticised in recent years for being timid, irrelevant and out of touch. Today Parliament has shown an ability to speak out without fear or favour, to speak to our great traditions, and to show that we can hold power to account and that nobody is above the law. To paraphrase the late Lord Denning, be ye ever so high, the people are above you. This House—all Members and all parties—have given voice to the people and have said to Rupert Murdoch, “Abandon your bid.” The country wanted this: it wanted its voice to be heard, and today it has been heard.
The Leader of the House of Commons (Sir George Young)
May I begin—[Hon. Members: “Where’s Cameron?”] May I begin by welcoming the tone of the Leader of the Opposition’s speech, which I very much hope will set the tone of our debate this evening? In response to the sedentary interventions from the Opposition, may I say that it is entirely appropriate that the Leader of the House should speak during this debate given that today represents a victory for Parliament and for those whom we represent. As events have overtaken the motion and as this is a short debate I propose, like the Leader of the Opposition, to make a brief contribution.
Despite the fact that the police investigation is under way and that the public inquiry announced by my right hon. Friend the Prime Minister is soon to be up and running, we are still hearing shocking allegations by the day. We are hearing allegations that personal details of members of the royal family were handed over to newspapers for profit, that the former Prime Minister, the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown), whom I welcome this evening, had his details blagged by another News International title and that victims of terrorism also had their phones hacked into and their privacy invaded. As both the nature of the malpractice and the scope of the newspapers involved widens, it is right that the police continue to follow their inquiries and the evidence wherever it takes them.
It was simply unrealistic to expect the public and politicians to separate all this from News Corporation’s proposed takeover of BSkyB. That is why both the Prime Minister and the Deputy Prime Minister were right when they said earlier this week that News Corporation should withdraw its bid. Any hon. Member who was running the company right now, with all its problems, difficulties and the mess it is in would want to get their house in order first, before thinking about the next corporate move. That is why it was entirely right for News Corporation to withdraw its bid today. The whole House will welcome that decision.
I want to pick up a point that the right hon. Member for Doncaster North (Edward Miliband) made towards the end of his remarks. Today has proved that those commentators who have in the past written this place off were completely wrong. We have seen the tenacity of Back Benchers. The hon. Members for West Bromwich East (Mr Watson) and for Rhondda (Chris Bryant), my hon. Friends and my right hon. Friend the Member for Bermondsey and Old Southwark (Simon Hughes) have been in the forefront of a relentless campaign for the truth, and they have revealed that the House is able not only to reflect the public mood, but to be a champion of its causes.
I also pay tribute to the forensic scrutiny of Select Committees—those chaired by my hon. Friend the Member for Maldon (Mr Whittingdale), the right hon. Member for Leicester East (Keith Vaz) and my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith). They have vindicated the decision to make the Select Committees more independent of the Executive. The Chamber, which some had argued was losing its relevance and power, has in fact been leading the public debate over the past fortnight, with the Standing Order No. 24 debate, statements and Select Committee hearings all being televised live.
No one can say today, as they did two years ago, that Parliament is irrelevant. Yes, we have learned the hard way how easy it is to lose the trust of our constituents, but having proved itself an effective champion of the people on this issue, the House has the opportunity not only to regain the initiative, but to restore public confidence in Parliament at the same time.
Sir George Young
I give way to the hon. Member for North Antrim (Ian Paisley).
Ian Paisley (North Antrim) (DUP)
I thank the Leader of the House for giving way. As the saga unfolds and acquires a greater international component, what powers will the inquiry have to ensure that the international aspects of the story can be properly investigated so that the House is seen to have teeth and to be able not only to clean up the mess here, but to set an international standard?
Sir George Young
The prime focus of the inquiry that we have announced should be getting things right in this country, but I have no doubt that as we make progress there will be interest on an international scale in the way we take matters forward.
Given the news that broke this afternoon, it is right that the House can now focus its attention on the wider concerns that the public feel—allegations of widespread law-breaking by parts of the press, alleged corruption on the part of the police, and the years of inaction from politicians.
Angus Robertson (Moray) (SNP)
Does the right hon. Gentleman agree that it is unprecedented for a motion to be sponsored by six Opposition party leaders in the House of Commons and supported by Members on the Government Benches too? The Prime Minister said that he wishes there to be a cross-party approach. Bearing that in mind, does the right hon. Gentleman regret the fact that discussions that took place last night excluded the parties of Scotland, Wales and Northern Ireland?
Sir George Young
My right hon. Friend the Prime Minister addressed that question in the statement this afternoon. We have published draft terms of reference. We are consulting the devolved Administrations. They will have an opportunity to make an impact on the terms of reference.
There is a proper, large-scale and well-resourced police investigation which has all the powers it needs to bring those responsible to justice.
Sir George Young
It makes sense to allow the inquiry to take place before we pronounce a verdict on whether there is comparability with what happened in America, but the way that we have responded was the right way to respond, rather than to indulge in the sort of cover-up that happened over the Atlantic.
The House is clear that justice should be done. The Government are doing everything we can to make that happen. All Members will remember the scandal over parliamentary expenses that engulfed the House two years ago, almost to the day. Illegality and gross misconduct by a few, cover-ups and a lack of transparency, and the failure of self-regulation were a toxic mix that led to a dramatic change in how Parliament was perceived by the public, with the reputation of the majority tarnished by the actions of a minority.
I see parallels between what happened to us and what is now happening to another important pillar of any democracy, namely a free press. While there are parallels, there are also lessons. As with expenses, the right approach to the current situation is to reach political agreement on the right way forward, to ensure much greater transparency and to move away from self-regulation to independent regulation without impeding the media’s ability to fulfil its democratic role.
Sir George Young
I will make progress, as many Members wish to speak. The police investigation, the inquiry that the Prime Minister launched today and the ongoing inquiries being carried out by Select Committees must now be allowed to get on with their crucial work.
Mr Speaker
That is a very important point, but it suffers from the disadvantage of not being a point of order.
Sir George Young
My right hon. Friend the Prime Minister said in his statement this afternoon that the draft terms of reference would be placed in the Library.
This country has a rich tradition of a lively and free press, which must continue. We have been fortunate to have a strong and robust police force, which now must prove itself beyond reproach. Finally, although some outside this country may disagree, we are fortunate to have a House of Commons that is independent of Government, and the fact that Parliament has proved itself effective in resolving the issue is a tribute to how the House has addressed the matter.
Mr Gordon Brown (Kirkcaldy and Cowdenbeath) (Lab)
It is a bit like the old days for me, with the Government on the run, the Opposition in pursuit and a headline in The Sun saying, “Brown wrong”, another example of my very close relationship with News International. It is like the old days, but with one exception: if I had not come to the House when I was Prime Minister, in a debate in which the Prime Minister has been implicated, I hesitate to think what hon. Members would have said—[Interruption.]
Much has already happened today outside the House, with the announcements by BSkyB and the subsequent announcement by Ofcom only a few minutes ago that it is now examining whether News Corporation is a fit and proper person or organisation for the 38% of BSkyB that it still holds. When there have been great occasions and great questions of moral concern, it has been this House that has spoken for Britain, and over the next few months this House must show that it can rise to the challenge. With the exception of decisions on peace and war, there is no matter of greater importance than the basic liberties of our citizens. Each generation has to reconcile for its times the freedom of the individual with the freedom of the press and balance two great rights, the right of the public to information and the right of the individual to privacy.
Mr Brown
I want to set out the facts for the House and will be happy take any interventions after.
In nearly 30 years as a Member of this House, in opposition and in government, I have never sought to propose or impose any restrictions on the freedom of the press. At all times I have defended their right to expose any wrongdoing wherever it is found and to speak truth to power however uncomfortable it is, and indeed was at times for me. Although I will today make proposals for reform and comment on each point that the Prime Minister made earlier in the House, it is my judgment that we should reform but never undermine something so fundamental to our ordered liberty as our twin commitments to the freedom of the individual and to a free press.
I rise to speak not about myself, but for those who cannot defend themselves: the grieving families of our brave war dead; the courageous survivors of 7/7; the many other dignified, but now outraged, victims of crime and; most recently, and perhaps worst of all, the victims of the violation of the rights of a missing and murdered child. Many, many wholly innocent men, women and children who, at their darkest hour, at their most vulnerable moment in their lives, with no one and nowhere to turn to, found their properly private lives, their private losses, their private sorrows treated as the public property of News International—their private, innermost feelings and their private tears bought and sold by News International for commercial gain.
Amassed against these guiltless victims and against a succession of other victims of crime whose names I know about and have seen, and have yet to be made public, was the systematic use of base and unlawful methods—new crimes with new names: blagging, hacking, Trojans to break into computers and not just phones. It was not the misconduct of a few rogues or a few freelancers but, I have to say, lawbreaking often on an industrial scale, at its worst dependent on links with the British criminal underworld.
Mr Speaker
Order. I apologise for interrupting the right hon. Gentleman. Mr Stuart, I am going to say it to you once and once only: you are far too excitable. Be quiet and calm down—[Interruption.] Order. If you cannot—do not shake your head at me—then leave the Chamber.
Mr Brown
This is the only way to describe the behaviour of those at News International who took the freedom of the press as a licence for abuse, who cynically manipulated our support of that vital freedom as their justification, and who then callously used the defence of a free press as the banner under which they marched in step, as I say, with members of the criminal underworld. This nexus—this criminal-media nexus—was claiming to be on the side of the law-abiding citizen but was in fact standing side by side with criminals against our citizens. Others have said that in its behaviour towards those without a voice of their own, News International descended from the gutter to the sewers. The tragedy is that it let the rats out of the sewers.
When I became Prime Minister in 2007, I, with everyone else, had no knowledge of this systematic criminality within News International. I also did what any holder of the great office I held would do. With our armed forces at war in two theatres, and with my own sense of the need for a renewed national purpose, I wanted to unite the country, not divide it; to bring people on board, not to pick fights with them; and to strive to create the broadest coalition of churches and others across our nation in support of our nation’s best interests, and not wilfully to set out to make an enemy of anyone. I therefore believe it was right, in what is often called the Prime Minister’s honeymoon, however brief it turned out to be for me—and for my successor—to seek to build bridges with members of the public and the press and to strive to construct the widest coalition of understanding for our policies and purposes. I would be surprised if I am unique in politics in hoping for the best of relationships with our media.
Mr Brown
Let me say, Mr Speaker, that I am about to set out some facts for this House, and I hope that once I have done so I will be able to give way to Members.
In the month that I started at No. 10, there were already issues of state involving News International—a decision that the Government had to make on a Competition Commission inquiry into the recently acquired stake that brought its ownership of ITV up to 16.8%. It was for the Government to decide on any referral to the competition authority, and the Government approached this with no bias against BSkyB. However, after examining in some detail BSkyB’s activities, the Government, on the advice of the relevant authorities, found a case to answer and announced the strongest remedy possible—a referral to the competition authority, which went on to rule that BSkyB’s share purchase in ITV was not in the public interest. So far from siding with the News International interest, the Government stood up for the public interest by making the referral. While we correctly gave it time to sell its shares, its shares had to be sold.
Next was the proposed Ofcom review into the onward sale of BSkyB sporting and other programmes, and the claims of its competitors that it had priced BT, Virgin and other cable companies out of the market. The public interest was in my view served by due investigation. We did not support the News International interest, but stood up for what in our view was the public interest. The Ofcom recommendation, which News International still opposes today, demanded that there be fair competition.
It is no secret that the 2009 McTaggart lecture given by Mr James Murdoch, which included his cold assertion that profit not standards was what mattered in the media, underpinned an ever more aggressive News International and BSkyB agenda under his and Mrs Brooks’s leadership that was brutal in its simplicity. Their aim was to cut the BBC licence fee, to force BBC online to charge for its content, for the BBC to sell off its commercial activities, to open up more national sporting events to bids from BSkyB and move them away from the BBC, to open up the cable and satellite infrastructure market, and to reduce the power of their regulator, Ofcom. I rejected those policies.
Mr Brown
I will give way after I have set out my evidence.
Those policies were clearly in News International’s interests, but were plainly not in the British people’s interests.
The truth is there in Government records for everyone to see. I am happy to volunteer to come before any inquiry, because nothing was given: there were no private deals, no tacit understandings, no behind-the-scenes arrangements and no post-dated promises. I doubt whether anyone in this House will be surprised to hear that the relationship between News International and the Labour Administration whom I led was, in all its years from start to finish, neither cosy nor comfortable.
I think that if people reflected on events as early as the summer of 2007, with the portrayal of me in The Sun as the betrayer of Britain, they would see them as somewhat absurd proof of an over-close and over-friendly relationship. Headlines such as “Brown killed my son”, which made me out to be the murderer of soldiers who were actually killed by our enemy, the Taliban, could hardly be a reflection of a deep warmth from News International towards me. The front-page portrayal of me as “Dr Evil” the day after the generally accepted success of the G20 was hardly confirmation of The Sun’s friendship and support as the world battled with the threat of a great depression.
It has been said that the relationship between News International and the Government of the day changed only because in 2009 News International suddenly decided to oppose Labour formally. I say that the relationship with News International was always difficult because Labour had opposed its self-interested agenda.
I have compiled for my own benefit a note of all the big policy matters affecting the media that arose in my time as Prime Minister. That note also demonstrates in detail the strange coincidence of how News International and the then Conservative Opposition came to share almost exactly the same media policy. It was so close that it was often expressed in almost exactly the same words. On the future of the licence fee, on BBC online, on the right of the public to see free of charge the maximum possible number of national sporting events, on the future of the BBC’s commercial arm, and on the integrity of Ofcom, we stood up for what we believed to be the public interest, but that was made difficult when the Opposition invariably reclassified the public interest as the News International interest. It is for the commission of inquiry to examine not just the promises of the then Opposition, but the many early decisions of this Government on these matters.
During the last year of our Government, information became public to suggest that the hacking of phones, and indeed of computers, went far beyond one rogue reporter and one rogue newspaper. In February 2010, the Culture, Media and Sport Committee reported that the number of victims was more than the handful that had been claimed. It said it was inconceivable that no one else at News International other than those convicted was in the know. News International, it said, was guilty of “deliberate obfuscation”. But already, in August 2009, Assistant Commissioner Yates of Scotland Yard had taken only eight hours—less time, I may say, than he spent dining with the people he should have been investigating—to reject pre-emptively a further police inquiry. Even the proposal that an outside police force take over the Scotland Yard inquiry had been rejected.
Having seen the Select Committee report, I immediately asked the head of the civil service to agree that we set up a judicial inquiry. Far from the so-called cosy relationship alleged with News International, which would have meant doing nothing, my answer to what appeared to be News International’s abuse of press freedom was a full judge-led inquiry to meet growing public concern.
Let me summarise the formal advice contained in a memorandum to me rejecting such an inquiry: that, while there were some new facts and there was a media culture permissive of unlawful activities and deliberate obfuscation by News International, the Select Committee did not believe that the practices were still continuing, and thus they did not meet the test of urgent public concern; that time had elapsed and evidence may have been destroyed; that the News of the World and individuals had already been punished by their resignations and jail terms; that there was no evidence of systemic failure in the police, and anyway all their decisions had been checked with the Crown Prosecution Service; and that targeting the News of the World could be deemed to be politically motivated, because it was too close to the general election and would inevitably raise questions over the motivation and urgency of an inquiry.
Mr Brown
I think that for the benefit of the future debates on the matter and the inquiry, this information is relevant.
The memorandum stated that if an appeal was made against a judicial inquiry, such a challenge might succeed, and that there was not only no case for a judicial-led inquiry, but not a strong case for either a non-judicial inquiry or even a reference to the Independent Police Complaints Commission, or even for asking the police to reopen their inquiry.
Mr Graham Stuart
On a point of order, Mr Speaker. May I ask whether there is any time limit in this debate, and—
Mr Speaker
Order. The hon. Gentleman will resume his seat. If there were a time limit it would be announced; when there is, it will be. That is the end of the matter. It is a totally bogus point of order, as the hon. Gentleman knows.
Mr Brown
I notice that the hon. Gentleman asks for a time limit; perhaps what he ought to do is listen to the facts.
If we do not act now on what we now know, and if we do not act forcefully and with clarity, friends around the world who admire our liberties will ask what kind of country we—[Interruption.]
Mr Speaker
Order. I apologise for having to interrupt the right hon. Gentleman.
Earlier today the Prime Minister said it; the Leader of the Opposition has said it; the Leader of the House has said it—a new tone, a new mood. [Interruption.] Order. The hon. Member for Broxtowe (Anna Soubry) will be quiet. There will be interventions when the Member who has the floor takes them, and not before. Members will observe basic courtesies and listen quietly and with respect to speakers. That is the end of it. Mr Stuart, if you are not prepared to do so, leave the Chamber. We can manage without you.
Mr Brown
If we do not act now as a House of Commons, knowing what we now know, and act forcefully and with clarity, friends around the world who admire our liberties as a country will now ask what kind of country we have become. A crime has been committed against innocent members of the public; a complaint has been made to the police and no satisfaction has been given. Even when the police have had someone’s name as a likely victim, they were neither telling them nor taking action. No action from the head of the first police inquiry, Andy Hayman, whose next job just happened to be at News International; no action from his successor, who had overall responsibility for two inquiries—Mulcaire and Abelard, or what is called Southern Investigations—each with vast but unexamined archives exposing criminality on a huge scale. Inspector Yates has redefined for us the meaning of an inquiry. He not only failed to ask any of the right questions but, as became clear yesterday, he failed even to ask any of the basic questions.
I deeply regret my inability to do then what I wanted to do—to overturn the advice of all the authorities and set up a judicial inquiry. I can say for the record that, as I left office, I talked to the leader of the Liberal party and warned him that a Coulson problem would emerge, and I did so directly, and not through an intermediary who might not remember to pass on the message. At the same time, I handed him, in person, our proposal for a commission into the media, and in summer last year, I wrote to the head of the civil service to point out that the previous advice against the judicial inquiry had clearly since been overtaken by the new evidence.
I am afraid that the House must examine more recent, more damning and more alarming evidence. Because of what happened to my children, whose privacy at all times I have tried to protect, I have been sent, I have been offered, and I have had thrust upon me a great deal of evidence that is relevant to this debate, which is now for the police to examine. It is right for the House to know that the damage done in the past 10 years to innocent lives was avoidable. As early as the winter of 2002, senior police officers at Scotland Yard met the now chief executive of News International and informed her of serious malpractice on the part of her newspaper staff and criminals undertaking surveillance on their behalf. The new investigation will no doubt uncover why no action was taken within News International and what lay behind the subsequent promotion of that junior editor concerned.
In that context, and again, because of what happened to my family, I have been made aware of an additional and previously unexamined stream of orders by one of the editors at News International, Mr Alex Marunchak, to hack and to intrude—a man who was subsequently promoted to be a full editor of a regional edition of the News of the World. As we now know, a cover-up can be more damning than the original crime, and the decision of the News International chairman to pay, without reference to his board, some victims sums of around £500,000, may now be seen as the buying of silence. Given his statements to this House, that must now be the subject of full parliamentary, as well as police, scrutiny.
The freedom of the press in this country was built through the countless acts of fearless people who had done no wrong, and yet had to make huge sacrifices. Today, the freedom of the press can best be assured by full disclosure and reparation by those who know that they have done wrong. First, for the future, the press media itself should immediately press for a new Press Complaints Commission. We need one that is proactive, not passive; one that is less about protecting the press from the public, and more about properly processing the complaints of the public against the press; and one that is wholly independent, so that it can differentiate, and be seen to differentiate, between the abuse of power as a result of self-interest and what we really need, which is the pursuit of truth in the public interest.
We need to put an end to the violation of rights, but also to ensure the righting of wrongs. Secondly, therefore, News International papers, and every other responsible paper, should in future be obliged to publish—not on page 35 or 27, but on page 1—apologies to all individuals whose rights have been infringed. Perhaps in future we will know the naming and shaming of criminals inside the media by the name of one of the saddest victims, as happened with Sarah’s law. That would require News International to practise what it has so self-righteously preached to other people.
Thirdly, we must do all in our power to prevent the subversion of our basic rights again. We must therefore be ready to discuss limits to the undue concentration of ownership in the media as a whole. I must say to the Prime Minister, in response to the statement he made earlier today, that I believe that he will have to widen the remit of the commission of inquiry, so that we are sure that it will examine not just the police and general ethics, but all the evidence of the abuse of surveillance techniques and technologies, as a result of which we saw the undermining of our civil liberties.
In the long and winding evolution of our rights and freedoms, the people of this country have always been at risk from huge concentrations of power. Traditionally, they have seen the freedom of the press as a force for their freedom, but when our country’s biggest media organisation has itself become an unchallengeable concentration of power, as it was until today; when it is has held in contempt not only basic standards of legality, but basic standards of decency, too; when it has replaced freedom with licence; when it has wielded power without ever being elected to do so; and when it has regarded itself not only as above the law, but as above the elected institutions of our country, all concerned people in this House should be able to see that what should be our greatest defence against the abuse of power had itself become an intolerable abuser of power.
History will also show that a press will not long remain free in any country unless it is also responsible. If the irresponsibility that has characterised News International is not to define the public view of the media as a whole and if continued irresponsibility is not to force Parliament to take ever stronger measures to protect the public from the press, we will need far more than the closure of a newspaper one week and the withdrawal of a bid the next.
Jacob Rees-Mogg (North East Somerset) (Con)
Will the right hon. Gentleman give way?
Jacob Rees-Mogg
I am extremely grateful to the right hon. Gentleman for giving way, as are many other Government Members. Before he finishes with this high moral tone, will he tell us something about Messrs Whelan and McBride?
Mr Brown
I find it strange that when I am giving to the House new evidence of criminal wrongdoing, the Conservative party, instead of listening, want to shout down the speaker. On reflection, when we are talking about people who have been abused as a result of the infringement of their liberties, the Conservative party will think it better to hear the evidence before jumping to conclusions.
Mr Stuart
I am so grateful to the right hon. Gentleman. He said that he was not aware of systematic abuses of the law by News International. May I put it to him that from near the beginning of the previous Government, News International executives, in conjunction with Members of the then Government, conspired to smear Lord Ashcroft and they illegally—[Interruption.] Labour Members think that there is one law for them and another law for others. They illegally blagged bank accounts in order to try to undermine Her Majesty’s Opposition. He knew about it then. Why was nothing done?
Mr Brown
I am surprised that this debate, which started with our desire to protect the lives of innocent children, should end up with the Conservative party more interested in defending Lord Ashcroft. I would have thought that, if the hon. Member for Beverley and Holderness (Mr Stuart) knew that there were so many abuses at News International at the time, he would have advised the then Leader of the Opposition not to employ Mr Andy Coulson.
Nadhim Zahawi
I thank the right hon. Gentleman for giving way. It is nice to see him in the Chamber, Mr Speaker. I have listened carefully to him—[Interruption.]
Nadhim Zahawi
Thank you, Mr Speaker. I have listened carefully to the right hon. Gentleman as he has so eloquently outlined for us his bravery in standing up to Murdoch. Does he regret that the previous Government held a slumber party for Elisabeth Murdoch and Rebekah Wade, as she was known then, at Chequers?
Mr Brown
The hon. Gentleman started by implying that I have not been in the House much. I have come to a debate on the future of the media on an issue in which the Prime Minister of this country is implicated and has questions to answer. [Hon. Members: “Where is he?] I repeat to the House that had I, as Prime Minister, not attended a debate on a problem that was partly my responsibility, Conservative Members would have been up in arms.
Alun Cairns
It was said earlier that if these inquiries are to succeed, the tone needs to be right. Does the right hon. Gentleman believe that he has contributed to that tone in the way he has provided his evidence today?
Mr Brown
Yes, because what I have sought to do is give the facts about the infringement of civil liberties, about the relationships between News International and the Government and about those instances where News International and the public interest diverge. I hope that the hon. Gentleman will ask the leader of the Conservative party and Prime Minister to do exactly the same on every single issue that I have raised, because it is going to be a matter of concern for the whole country, not just this month, but in many months to come: what are the precise relationships on individual policy issues between the Government of the day and one of the biggest corporations of the country? I make no apologies for setting out the record of our Government in our relationships with News International, and I hope that Members on the other side of the House will ask their leader to set out what happened in the relationship between his party and News International.
Charlie Elphicke
I thank the right hon. Gentleman for giving way. As a parent myself, I share the disgust at the invasion of his privacy, and I agree with him that the police have serious questions to answer. Nevertheless, criminality was disclosed in the Culture, Media and Sport Committee report in 2003 and by the Information Commissioner in 2006. As a new Member, I ask him: why was nothing done?
Mr Brown
I have set out the record of my desire to have a judicial inquiry. It was opposed by the police, opposed by the Home Office and opposed by the civil service, and it was not supported by the Select Committee of the day. However, if the hon. Gentleman felt that it was right in 2003 that there should have been an inquiry into the media, why at no point, even until last week, did the Conservative party ever support an inquiry into the media in this country?
Mr Brown
I am so tempted to take further interventions, but I would lose my chance ever to speak again, so I must bring my remarks to a conclusion.
Ofcom—this is incredibly significant—has this afternoon announced that it is now going to apply the “fit and proper” test to the remaining holdings of News International in BSkyB. This is a further useful step, but we must now have three things: a sustained and rigorous process of investigation and disclosure; a fairer distribution of media power in our country which will eventually restore the public faith in a media that are fully and genuinely free; and, as a result of what we now know, robust measures, akin to those that I have described this afternoon, to ensure that the lethal combination of illegality, collusion and cover-up that we now know has prevailed for a whole decade can never happen again.
Mr John Whittingdale (Maldon) (Con)
It is not often, I expect, that I shall sign a motion in the name of the Leader of the Opposition. On this particular occasion I thought it right to do so. I commend the Leader of the Opposition on his approach, which is that we must tackle these appalling matters on a cross-party basis. I have always tried to do that in the Culture, Media and Sport Committee, which I am proud to chair, and I think that we have succeeded. I will merely say that I am sorry that the Leader of the Opposition’s predecessor did not choose the same approach this afternoon.
I believe that the atmosphere at present has become so poisoned by the stream of appalling revelations that it would have been quite wrong for the News Corporation bid to acquire the whole of BSkyB to go ahead. We still do not know—we still have not even begun to know—the full extent of what has been going on in the newsroom at the News of the World, in the higher levels of News Corporation or, possibly, outside that, in other organisations, but clearly there were already question marks about the “fit and proper” test for News Corporation’s bid. The important thing is that we should obtain answers to questions very rapidly. There is an ongoing police inquiry, which needs to be concluded as fast as possible; there is the judicial inquiry that the Prime Minister has rightly set, which I fear will take much longer; and then there is my Select Committee, which has asked Rupert Murdoch, James Murdoch and Rebekah Brooks to appear before it next Tuesday. We have not yet received a response. The Select Committee will meet tomorrow morning, and if we have not received a reply by then, we might well wish to return to the House to ask it to use the powers available to it to ensure that witnesses attend.
Penny Mordaunt (Portsmouth North) (Con)
There is an assumption that, once the News of the World ceases to trade, the victims of phone hacking will still have legal redress and that there will be a compensation fund for them. I doubt that that is the case, however. Is that something that the Committee could look at?
Mr Whittingdale
It might be more appropriate for the judicial inquiry to look at that matter, as it essentially involves a point of law, but I entirely share my hon. Friend’s concern that the victims should have access to proper compensation when wrong has clearly been done to them.
The Committee decided that we wanted to hear from Rebekah Brooks because she is the chief executive of News International, and from James Murdoch because he was until recently the chairman of News International in this country. We have also asked Rupert Murdoch to appear, because he is essentially synonymous with News Corporation. He has considerable achievements to his name. He pioneered the use of new technology in the newspaper industry, which transformed it, and he took the brave decision to launch BSkyB, which changed the whole face of British television. It is the case, however, that he will now be forever tarred with the revelations that have come out over the past few months about what has happened in his papers.
Sir Gerald Kaufman (Manchester, Gorton) (Lab)
As the hon. Gentleman knows, I was his predecessor as Chairman of the Culture, Media and Sport Committee. As he also knows, we asked Rebekah Brooks—then Rebekah Wade—to give evidence to the Committee, with Andy Coulson, at that time. She admitted with clarity that she had been involved in paying money to the police. Andy Coulson said that that had been done only within the law, which was an unbelievable lie because it is impossible for a newspaper to pay money to the police within the law. When the hon. Gentleman has Rebekah Brooks and the other people from News International before him, I advise him to take a long spoon with him, because of the way in which they will try to lie and cheat their way out of the predicament that they are in.
Mr Whittingdale
I recall vividly the evidence given by Rebekah Brooks to the Committee when the right hon. Gentleman was its Chairman. It included matters that he rightly says might turn out to be criminal, and I am certain that the judicial inquiry will want to examine them. I have no doubt that some of my colleagues on the Select Committee, who are extremely robust on these matters, might well wish to ask questions about those matters as well, should they have the chance to do so.
In regard to the takeover of BSkyB—which is, after all, the matter that we are supposed to be debating this afternoon—it has always been the case that there are more stringent tests for the acquisition of a media company in this country. That is right; it is a reflection of the power of the media that they should be subject to greater tests. I would like to take this opportunity to commend the Secretary of State for Culture, Olympics, Media and Sport, my right hon. Friend the Member for South West Surrey (Mr Hunt), who has been utterly scrupulous in his handling of this matter. I believe that he has acted on the basis of independent advice at every stage, and it is difficult to find fault with the way in which he has conducted himself.
Kevin Brennan (Cardiff West) (Lab)
Speaking as a former competition Minister, may I ask the hon. Gentleman to accept that it was open to the Secretary of State to make a choice to stick with his original conclusion that he was minded to refer the matter to the Competition Commission? Had he done that, we could have been saved a lot of trouble.
Mr Whittingdale
My right hon. Friend the Secretary of State acted on the basis of the advice that he received from Ofcom. The original advice was that he should refer the bid, but Ofcom then came back and said that the undertakings being given by News Corporation were sufficient and that there was no longer a need to do so. At every stage, he has acted on the advice of the independent regulator.
I want to say a few words about BSkyB, which has been an extraordinarily successful company. It has pioneered choice in television and introduced the personal video recorder, high-definition television and 3D television. It has recently passed the 10 million home mark. It has been incredibly successful. It is right that its ownership should be subject to very close scrutiny. I would also like to commend it on its most recent announcement of £600 million of annual investment in UK content, which will do a tremendous amount of good.
The test that my right hon. Friend the Culture Secretary put up to be examined was that of plurality. That is about Sky News. It is worth saying that throughout this saga, Sky News has displayed the same objectivity and independence in its coverage of matters concerning its parent company—or the company that sought to become its parent company—as it has in other matters.
Mr Cash
We heard earlier about the published terms of reference set out by the Prime Minister. We got them from the Library and they refer to a
“judge-led inquiry into phone hacking”—
but it is confined to the press. Would my hon. Friend, having been consulted and with his Committee meeting tomorrow, agree to look into these terms of reference? Does he agree that sound and visual media journalism has to be included to make the inquiry fully comprehensive?
Mr Whittingdale
I have not yet heard any suggestion that similar activities have been undertaken by television or radio companies, but, should that be uncovered, I have no doubt that the judge would request a broadening of the terms of reference to include it. The important thing is that the judge should follow the evidence wherever it leads. As I understand it, that is the undertaking that the Prime Minister gave.
Some have expressed the concern that Sky News might go the way of Fox News. Fox News is very successful, but I do not believe that it would ever succeed in this country. We have an entirely different climate. Nevertheless, that was the key issue under consideration when we examined plurality. However, the revelations over the course of the last two weeks have raised a much more serious issue—the “fit and proper” test and whether or not News Corporation meets it, not just in respect of its 100% ownership, but now in respect of its 39% ownership of BSkyB. That is something that Ofcom will want to consider, but I believe that Ofcom is correct in saying that it should act on the basis of evidence rather than allegation. These matters need to be pursued to the very end. We need to discover the truth, and if it turns out that very senior executives in News Corporation are involved in, or had knowledge of, what has been going on, that will raise questions about the fit and proper test. I have no doubt that Ofcom will pursue them.
It might take years for us to find the full extent of what has been happening and to get to the truth, but if that is what it takes, that is what we must do. This episode must never be allowed to recur. We need to find out the full extent of it. We will try to begin to uncover some of the truth on Tuesday, if those people are willing to appear before us, but this judicial inquiry and the police inquiry must find the truth.
Mr Speaker
Order. In view of the level of interest expressed, from now on there will be a four-minute limit on Back-Bench contributions.
Mr Ben Bradshaw (Exeter) (Lab)
I wish to concentrate briefly on an issue that, in the understandable outrage over the phone-hacking scandal, has been largely overlooked, at least until it was raised by my right hon. Friend the Member for Kirkcaldy and Cowdenbeath (Mr Brown), the former Prime Minister, earlier this afternoon. That issue is the extent to which the current Government’s policy has been influenced by News Corp interests.
The sorry saga of the BSkyB takeover bid has already been well documented, but other Government policies could also have been written in Wapping. The first was the announcement last summer that the Government would not implement the recommendations of Labour’s Davies report into listed sporting events. Sport is one of the biggest money spinners for Sky and there remains real public concern about the lack of sport, particularly of test cricket, on free-to-view television. When the Leader of the House responds, I would like him to tell us when the Government intend to implement Davies’s modest and sensible proposals in full.
The second example is when the Government abandoned Labour’s proposals for regional news consortia, funded by a protected element of the licence fee, in order to secure the future of high-quality, impartial regional news and news in the nations on ITV. James Murdoch hated this idea; I know because he told me so in one of the many rows we had. One of the first decisions the current Secretary of State took when he came into office was to scrap these regional news consortia, in spite of the fact that they were already well down the road to implementation and had the full support of the industry and the public.
The third area, to which my right hon. Friend the Member for Kirkcaldy and Cowdenbeath has already referred, is the Government’s assault on the BBC through the biggest cut in funding in its history, leaving the corporation having to cut its programme funding by a massive 25%.
We should not be surprised by any of this. All that one needs to do is read James Murdoch’s chilling speech at the Edinburgh TV festival in 2009, in which he called for the BBC to be “cut down to size” and for Ofcom to be “neutered or scrapped”. What did the then Leader of the Opposition do in response? He added Ofcom to his list of quangos for the chop.
Returning briefly to the now dead News Corporation-BSkyB takeover, we know from the Business Secretary’s unofficial spokesman Lord Oakeshott that the Business Secretary would have referred the bid to the Competition Commission. Why did the Culture Secretary change the Business Secretary’s policy and bend over backwards to help News Corporation avoid a long and costly inquiry? His approach in this regard has been extraordinary.
Mr Bradshaw
He has repeatedly tried to hide behind the argument that he has a quasi-judicial role. Had he exercised that, he would have followed Ofcom’s original recommendation and referred the bid in full to the Competition Commission. Is it not the case that there has always been a plurality problem? We thought there was a plurality problem; the Business Secretary thought there was a plurality problem; Ofcom thought there was a plurality problem; every serious media analyst in the country thought there was a plurality problem. The only people who did not think there was a plurality problem were News Corporation and the Government.
Mr Bradshaw
To dispel any suspicion—[Hon. Members: “Give way!”] No, I will not give way. [Interruption.]
Mr Speaker
Order. If the right hon. Gentleman wants to give way, it is up to him.
The Secretary of State for Culture, Olympics, Media and Sport (Mr Jeremy Hunt)
Will the right hon. Gentleman accept that it was on the basis of Ofcom’s independent advice that the media merger should go ahead that I made that recommendation to the House? On Monday morning, I wrote back to Ofcom to ask whether it stood by that advice, as a result of which the bid ended up being referred to the Competition Commission.
Mr Bradshaw
We will discover that when all the papers are published, which is my next point. However, what happened came only after the Secretary of State intervened on behalf of News International in a negotiation with Ofcom.
To dispel any suspicion in the House and among the British people that the Government acted under pressure from News Corporation, the Government must now disclose the details of all meetings, discussions and communications involving Ministers, officials and representatives of News Corporation, or their representatives. That must include details of the now infamous back-door visit to Downing street straight after the election, and the Prime Minister’s Christmas dinner with James Murdoch and Brooks in Oxfordshire.
May I finish with some friendly advice to the Government? The information will come out. It is far better for the Government to put it voluntarily into the public domain now than to have it prised out by freedom of information requests or by the forthcoming judicial inquiry. As my right hon. Friend the Member for Kirkcaldy and Cowdenbeath has said, it is rarely the initial mistake, incompetence or bad judgment that is fatal, but the cover-up.
Mr Don Foster (Bath) (LD)
The Leader of the Opposition was right to begin his remarks by saying that what has happened today is a victory for the British people. It was the British people who were horrified by the Milly Dowler affair, and by the hacking of the communications of the families of victims of 7/7 and of Afghanistan. The Leader of the Opposition was right to say that the British public forced the political parties to unite in the motion before us, and to put pressure on Rupert Murdoch in relation to the takeover.
I congratulate the Leader of the Opposition and the Leader of the House on the tone of their speeches and for seeking to avoid partisan remarks. As the whole House knows, for the past 30 years there have been significant failures by Governments of both major parties to stand up to the media in this country. What has happened today as Murdoch has backed down, probably only temporarily, is a victory for the British people. However, the Prime Minister was right to say that it is not the end of the matter: we must continue with the thorough police investigation to root out wrongdoing and bring those who have committed crimes to justice.
Mr Denis MacShane (Rotherham) (Lab)
I am grateful to the right hon. Gentleman for giving way, although my intervention will give him injury time. I want to pray in aid a point made by his right hon. Friend the Member for Bermondsey and Old Southwark (Simon Hughes). The Information Commissioner’s analysis shows that we should worry more about the Mail newspapers than about Murdoch. Ten years ago, when my mother was recovering from a stroke, a reporter from The Mail on Sunday went into her house without knocking on the door to try to extract information from me.
Mr Foster
The right hon. Gentleman is absolutely right. The report to which he refers was published in 2006, when his party was in power. It alleged that 305 journalists were acting illegally, and no action was taken.
We could become involved in party political stuff. I could point out that it is amazing that the former Prime Minister, who gave us that list of things that he did as Prime Minister, failed to make any mention of what his party did in government when he was merely the Chancellor of the Exchequer.
Critical actions are necessary. The Press Complaints Commission has been drinking in the last chance saloon for far too long. It is ridiculous that papers such as the Daily Express and the Daily Star can walk away from it, and that only people who have been directly affected by a judgment can get it to investigate. That must be changed.
It is also ludicrous that there is so little clarity about how the “fit and proper person” test should be conducted. I asked the Secretary of State about that on Monday, and I asked the Prime Minister about it today. It is true that the British public wanted to know not just whether Murdoch’s was a fit and proper organisation to take over yet more shares, but it was not made clear whether the test could take place on the basis of its current 39% shareholding. I am delighted that Ofcom is now investigating that, but the law is still confused about the issue.
The law is also confused about plurality—the issue of who should own our media to ensure that it contains multiple voices. Surely by now the House recognises that, in the modern era of communication, it is not just news and current affairs that determine how we think about ourselves and the world. That can also be done by drama, comedy and many other means.
Duncan Hames (Chippenham) (LD)
I suggested to the Secretary of State in March that there was a case for wider application of automatic triggers for referral to the Competition Commission. Does my hon. Friend agree that the Government should consider that?
Mr Foster
My hon. Friend is absolutely right. There is so much that needs to be sorted out.
Rupert Murdoch has dropped his bid for the time being, but who knows when he will return via another bid? The British public will never forgive us if we take our eye off the ball. The inquiries must go ahead, and the revisions to law must go ahead, so that we can have a decent press in this country in which journalists—the majority—who carry out the fearless inquiries that we want, but do it legally, are allowed to continue to do so.
It is a disgrace that when Rupert Murdoch closed the News of the World, a large number of journalists who had done absolutely nothing wrong lost their jobs, while the person in charge, Rebekah Brooks, kept hers. When Rupert Murdoch arrived in this country, she was the person whom he described as the key issue for him. That is the most disgraceful thing that has happened in the last week.
Sammy Wilson (East Antrim) (DUP)
My party has no hesitation in backing the motion. The debate has now moved on. There will be inquiries. There will be an investigation of the wrongdoing, and there will be an investigation of the police and their activities. However, one thing must be dealt with if we are not to see a repeat of these events and a further undermining of our democracy. I refer to the whole issue of the concentration of press power in the hands of one organisation. It does not matter whether it is concentrated in the hands of News International, Rupert Murdoch or anyone else, but as long as that concentration is there, there will always be a tendency for those of us who are involved in the political field to want to be on the right side of the people who hold the power.
Karl MᶜCartney (Lincoln) (Con)
Does the hon. Gentleman agree that the debate is about more than a media mogul owning newspaper and television companies? Does it not also flag up the issue of dual share structures, in which the owners of one class of share, such as the class A non-voting shareholders of News International, have no voting rights?
Sammy Wilson
We must address everything that leads to that concentration of power. If that is not dealt with, there will always be a tendency to rush after and try to please those who have such influence.
We have only to consider the accusations that have flown back and forth across this House today. Why did the current Prime Minister, when he was at a low ebb in opposition, and under pressure from the Government of the day, hire a dodgy character even though he had been warned? Was that because of the influence that that might give and the doors that that person would open? Was it because of some of the other benefits that would come from the appointment?
Why did the current Prime Minister’s predecessor bottle this, despite the fact that he knew about wrongdoings? He told us today that he knew about them. Was it because the Home Office said he could not do anything? Was it because the police said there was no evidence? Or was it because he knew there was a certain limit beyond which he could not go? After all, he was the Prime Minister, so he could have made the decision. I do not wish to be partisan; I just think that we must look at what has happened under both the current Prime Minister and previous Prime Ministers. How did they behave? How did parties behave when in government and seeking the support of News International? As long as we have that concentration of power, there will always be the danger that our democracy might be undermined by those to whom we have to pander because we need the headline.
That is bad for the business concerned as well, because of what it then believes. I have no doubt that News International believed it could get away with what it did get away with, because, being in such a powerful position, it felt that politicians might pull their punches and that the police might not fully investigate matters. As it felt that it could get away with some of those activities, it did them; then it pushed the limits and went further and further. If we do not deal with the concentration of power, I believe that this might happen again, regardless of what comes out of the inquiry, who goes to jail, and what sanctions are put in place.
Pete Wishart
As the hon. Gentleman will know, there are some big critical issues for the devolved Administrations in terms of the inquiry. Does he agree that it is imperative that whoever leads the inquiry, and however they do their business, they consult fully and engage comprehensively with the devolved Administrations?
Sammy Wilson
I hope that will be the case, and I am disappointed that there was not more consultation with the smaller parties representing Scotland, Wales and Northern Ireland about the terms of the inquiry, but I hope that will be remedied in the future.
The third reason why I believe we must deal with the concentration of power is that there will always be public mistrust of the news industry if it is felt that one group is so large that it can influence the law and politicians, and get away with things. That is not good for the press and the newspaper industry either, or for those who get on the wrong side of the door. We have seen how it has swung against the Labour party. At one stage that party was the darling of News International—but no longer. At one stage the Conservative party suffered as a result of being on the wrong side of the door. I know about that, too, from my experience in Northern Ireland, when the Conservative party joined with the Ulster Unionist party before the last election. News International had taken little interest in Northern Ireland politics and politicians, but suddenly there seemed to be an undue interest, in our party in particular. Indeed, a number of our party members were targeted—not that News International ever found any wrongdoing, but there was innuendo, and it was sufficient to sow doubts in the mind of the electorate.
That is why politicians will always try to get on the right side of the door. If we are on the wrong side, we know what will happen. We will not get the headlines, and instead we will get the investigations and the innuendo. For that reason, the concentration of power must be dealt with, even though the inquiry is not going to deal with it.
Graham Jones (Hyndburn) (Lab)
Would the hon. Gentleman reflect on the headline that we see at every election, “It’s the Sun wot won it”?
Sammy Wilson
Whether that is true or not—sometimes I think that perhaps we do not give enough credit to the electorate—politicians are aware that mass media can influence elections, so they try to keep on the right side. I hope that the inquiries will be made to look into the issue of concentration.
Dr Phillip Lee (Bracknell) (Con)
May I begin by emphasising my personal disgust at the revelations that have come out over recent days, particularly those with regard to the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown)? I really cannot imagine what it must be like to see one’s child’s health records in the public domain.
I wish to step back from what we have been discussing so far, as I think that it is important for Members of this House to do that in times of storm. We should not be in the middle of it; we should be stepping back. I wish instead to discuss media plurality in reality, as it is now in this world. The way in which individuals search for news, and indeed share news, is changing and has changed. As for the idea that the ownership of one news channel watched by a relatively small number of people should concern us greatly, I suggest that the ownership of search engines and social media should concern us more.
Let me set out a few facts from the United States. According to recent information from the Pew Research Center, Google is the biggest single driver of traffic to news sites in the United States. Facebook has 500 million users worldwide, and of increasing importance to Facebook is the fact that it shares news; it is a way for people to communicate with each other and pass on stories. People do not turn on Sky News to get stories; they get them from friends on Facebook.
In this country more than 90% of online searches go through Google, with the figure for Europe and the wider world being more than 95%. Why am I so interested in this? I have a company on my patch called Foundem, which has three employees and has interested the European competition commission. That vertical search engine company was launched in 2006, and was allegedly suppressed by Google. It is a vertical search engine for washing machines and motorcycle helmets—but news too is a commodity. If Google can suppress a company like that, it can suppress a news organisation; it can point people in the direction of their news. People may obsess about trying to make Mr Murdoch the bogeyman of the present, but this is past; this is not the way things will be in the future. It is all going to be about where people get their news from, and that will not necessarily be the News of the World. By concentrating on one man at the moment, people are missing the point. That is the central thrust of my argument. News has changed, and the way in which people communicate has changed.
Mrs Madeleine Moon (Bridgend) (Lab)
Does the hon. Gentleman accept that part of the revulsion against News International has arisen because it became a virtual state within the state, running to its own set of rules, being above the law and feeling that it did not have to follow even the rules of moral decency? Does he agree that one of the challenges that we face with organisations such as Facebook and Google is ensuring that they too cannot be allowed to become above the law, and above the laws of moral decency in what they publish, and in what people post?
Dr Lee
Of course I agree with that: it is a statement of the obvious, is it not? I am greatly concerned that we do have a media state in this country. I saw an interview with somebody on the BBC recently—a former deputy editor of the News of the World—who stated as much. However, my point is that the media are changing. I do not need to comment on someone’s “fit and proper” right to own a newspaper or a news organisation; that is for others to do. My point is that at the moment we do not have control over where a lot of people are seeking to get their news from, and we have absolutely no idea whether what they are getting is the truth or not, because there is no check. That is why I agree with the hon. Lady.
Alun Cairns
I am grateful to my hon. Friend for making such serious and valid points. Does he recognise that the regulation of new media is much more difficult than even the regulation of the press, which makes it much more unpredictable and unmanageable?
Dr Phillip Lee
Yes, I do. That is the problem: we need cross-border understanding. As for getting some sense of an international legal framework, good luck with that. It is very difficult, but that is the challenge we face.
I do not want to take up all the time I have available, because I know that others want to speak. If hon. Members will indulge me, I shall quote a few lines of poetry. I heard this the other day from a modern poet:
“The slow one now,
Will later be fast,
As the present now,
Will later be past.”
We should remember those words, because that is where we are now. There is a danger that we will obsess about the ownership of BSkyB whoever it is owned by, whether that is Mr Murdoch or someone else, following the announcement this afternoon. We might obsess about one component of the media, yet its importance will have passed. It will no longer be important to us as politicians, who clearly need to get our message over, but need to do so by having a professional relationship with the person who controls the presentation of that message to the public.
In conclusion, we should remember that the world is changing very quickly. In the future, Governments of any colour, red or blue, abroad or at home, will need to be very cautious about their relationships with businesses such as Google, Facebook and Twitter. They are the media giants of the future, and they might be just as capable of employing people who have committed the crimes alleged in recent days as News International has been in the past. We should bear that in mind.
Chris Bryant (Rhondda) (Lab)
Some chilling words: “This one is my priority,” spoken by Rupert Murdoch about Rebekah Brooks; “There is far worse to come,” spoken by Rebekah Brooks about the revelations; “News International was deliberately thwarting a police investigation,” spoken by Commander Peter Clarke, who was in charge in the investigation and who has never said that in public until now; “I am 99% certain that my phone was hacked,” spoken by Assistant Commissioner Yates, who is in charge of counter-terrorism in this country; and “Have you ever paid police officers?” “Yes,” spoken by not just Rebekah Brooks but Andy Coulson.
Some disturbing facts: News International bullied those who opposed or were critics of the BSkyB empire; the policeman investigating News International went on to work for the company not years but weeks after he had stopped working for the Metropolitan police; Parliament has been lied to time and time again by a series of different people; material was deleted at News International and sometimes squirreled away and kept against a rainy day when a police officer might come knocking on the door to try to incriminate somebody else lower down the chain in the organisation; some people were ditched and thrown overboard, as we have seen throughout this year; and, as the right hon. Member for Bath (Mr Foster) said earlier, one of the most disgusting things that has happened in the past two weeks is that the people slaving away in the boiler room had to carry the can for those who were at the helm. That does not show that that is a decent company with which to do business.
Executive and non-executive directors at News Corporation completely failed in their fiduciary duties to ensure that criminality was not going on at their company and that the organisation was co-operating completely with the police. That involves Mr Aznar, Peter Barnes, Kenneth Cowley, Lachlan Murdoch, Thomas Perkins, John Thornton and Stanley Shuman, who should all be considering their position, too. I believe that this is proof that News Corporation is not a fit and proper body to hold its present holding in BSkyB, let alone any increased holding.
I pay tribute to the hon. Member for Maldon (Mr Whittingdale), who has been tenacious over the years on this matter. He said that BSkyB has done much that is good and I am sure all our constituents would agree. They watch lots of Sky television and enjoy their Sky Plus. The company has lots of technological innovation that only a robust entrepreneur could bring to British society, but it has also often been profoundly anti-competitive. I believe that the bundling of channels so as to increase the profit and make it impossible for others to participate in the market is anti-competitive. I believe that the way in which the application programming interface—the operating system—has been used has been anti-competitive and that Sky has deliberately set about selling set-top boxes elsewhere, outside areas where they have proper rights. If one visits a flat in Spain where a British person lives, one finds that they mysteriously manage to have a Sky box there even though it is registered to a house in the United Kingdom.
Sky has a virtual monopoly over many areas of our lives, with 67% of residential pay-TV subscriptions and 80% of pay-TV revenues—with an average spend of £492 a year.
Greg Mulholland (Leeds North West) (LD)
I pay tribute to the hon. Gentleman’s tenacity and courage over the course of this matter. He has been a credit to Parliament in the way he has pursued this. He is quite right that News International must be brought to justice, but does he agree that we must address the concentration of ownership of the media? If we do not do that, the idea that we have a free press and free media is simply false.
Chris Bryant
I completely agree that we failed to address the fact that we have allowed one man to have far too much power in his hands, including four newspapers and all the rights I have been talking about.
It is not just newspapers and broadcasting that have been subject to anti-competitive practices; it is also advertising. Sky spends £127 million on advertising—double what Virgin is able to—in any one year. The fact that it has such a big presence in the market makes it difficult for others to enter. It is anti-entrepreneurial to allow one person to have so much power, which is why no other country would allow it.
I suspect that the people of the country have been way ahead of we politicians on all of this. In the 10 years that I have been an MP, many have come to my constituency surgeries and demanded changes to the system. We have all failed in our duty for far too long, perhaps because we were frightened. If the Murdochs fail to attend the Select Committee next week, I believe that the people of this country will conclude that the Murdochs are waving goodbye to Britain—and maybe that would not be a bad thing.
George Eustice (Camborne and Redruth) (Con)
I strongly support the motion and I think that Sky has been absolutely right to withdraw its bid. It gives the police time to complete their investigation and, at the end of all that, gives Ofcom time to assess whether BSkyB is fit and proper to have a broadcast licence.
I want to focus on a couple of areas, particularly to do with media regulation and how it could be improved. This change is long overdue. There is nothing new about these problems with the media. In 2006, a very comprehensive report from the Information Commissioner uncovered widespread problems here with a trade in people’s personal information. A whole series of recommendations was made about toughening up the role of the Press Complaints Commission and changing the laws in some areas, but it was seen as too easy to ignore those recommendations and turn a blind eye to the report. That is a real indictment of the Opposition. Alastair Campbell spent the best part of a decade warning them that there was a problem with the media and that something needed to be done and it is wrong that that opportunity was not taken up.
Mel Stride (Central Devon) (Con)
My hon. Friend raises the PCC, which has not been mentioned much in the debate. Does he agree that it has proven, over time, to be something of a toothless tiger? One of the big lessons from this sorry affair is that we need to look at having a situation in which, rather than one newspaper deciding on the rights and wrongs of another, we have a different way forward.
George Eustice
I absolutely agree, and I shall come to those issues in a moment. First, I want to say that the introduction of new regulation of the media should not be feared by journalism. Indeed, it could raise the status of journalism and restore confidence in the profession. If clear boundaries are enforced, that will strengthen the position of journalists if they are told to do a hatchet job on some story by their newspaper’s proprietor or editor, perhaps because they are angry that a story was given to a rival paper. In such a situation, a journalist will be in a stronger position to resist and say, “No, that would be in breach of the code and would put us in a difficult position.” At present the boundaries are not clear enough. That undermines journalism and makes it harder for journalists to face down demands from proprietors and editors alike.
It is also wrong for people to be concerned that a code would muzzle free speech. We have a tough broadcasting code to which all our broadcasters are subject, as my hon. Friend the Member for Maldon (Mr Whittingdale) mentioned. Sky News is a very good news organisation. It does a good job. There is nothing in that broadcasting code that hinders free debate. We have robust debates in a range of formats, but papers are culturally different so it would be wrong to apply the entire broadcasting code to the print media. In particular, it would be wrong to expect impartiality of the print press.
I shall touch on some of the aspects where we could improve the PCC or its replacement. There is not much wrong with the PCC code. The problem is that it has not been enforced with the rigour that we should require. In particular, the public interest defence, which is a kind of get out of jail card in so many areas, has been used and abused over the years, and used in all sorts of cases where there was no such public interest to justify the pursuit of certain means.
Another problem is a lack of sanctions. As the right hon. Member for Bath (Mr Foster) said, broadcasters who breach their code face serious and heavy fines of £250,000 and sometimes more. The press does not have such a culture. If there is no real consequence for newspapers that breach the code, they will not be too bothered about abiding by it. Finally, I wish to pick up on something that the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown) said, and which I have been pushing for some time. If a newspaper wilfully prints a story that it knows to be untrue, it is right and proportionate that it should give the same space to its correction as it gave to the original story. Sensible changes like that could help a great deal.
We all accept that the relationship between politicians and the media has got far too cosy over the years.
Damian Collins (Folkestone and Hythe) (Con)
Does my hon. Friend agree that the role of the regulators on ownership is important? Although we in the House are right to express our views and anger about BSkyB and other issues, it should not be for politicians to make arbitrary decisions about who owns what, or that may be seen as too much political interference in a free press.
George Eustice
I entirely agree. We need to keep the issues separate, but as I said earlier, given all that is going on, it is right—
Frank Dobson (Holborn and St Pancras) (Lab)
Will the hon. Gentleman give way?
George Eustice
I will not give way. I am sorry. I have given way enough and we are nearly out of time.
We need to change the culture in which, over decades, the press barons have been led to believe that they can decide policy. It is no wonder, if they have had so many politicians coming to court them and seek their support. We need to try and get over that culture, and change things for the better. By weakening the press barons, we could strengthen journalism. It is important that we approach the debate in the right tone. We should be clear that we are not trying to stifle free speech, but that our objective is to strengthen journalism itself.
Mr Deputy Speaker (Mr Nigel Evans)
I call Steve Rotheram to speak until 6.44 pm.
Steve Rotheram (Liverpool, Walton) (Lab)
There are not many in Liverpool who will shed any tears for the catastrophic downfall of News International and Rupert Murdoch or their belated withdrawal of the deal to purchase BSkyB, although they will sympathise with those innocent of any wrongdoing who have subsequently lost or may lose their jobs.
Twenty-two years ago the people of Merseyside decided to take on The Sun after it lied about the Hillsborough disaster. Although for a short time we received support in other cities, people gradually forgot the smear that had been perpetrated against us, while others preferred to believe what they had read, but nobody forgot on Merseyside. In 1999 the fight for justice for the 96 victims began and it is as strong today—
Mr Ivan Lewis (Bury South) (Lab)
Today the House has come together to speak with one voice, but we must also show some humility. In reality, there were only two or three hon. Members willing to pursue these issues over a long period. My hon. Friends the Members for West Bromwich East (Mr Watson) and for Rhondda (Chris Bryant) deserve our respect for their courage and relentless pursuit of the public interest. That is ultimately why we are elected to this place. We also heard a remarkable speech by my right hon. Friend the Member for Kirkcaldy and Cowdenbeath (Mr Brown), who not only provided sensational new information, but reminded us that this issue goes to the heart of the character of our country, or the good society, as he would say.
In truth, the public do not ask much of their public institutions or private corporations. They have a right to expect a free and responsible press, clean and competent police, politicians who speak up for the public interest without fear or favour and businesses that obey the law and have decent ethical standards. On all those counts they have reason today to ask, “Who can we trust?” In the aftermath of the global banking crisis and the MPs’ expenses crisis, there is an urgent need to answer that question. Today is our chance to make a start, but it is also a day for Mr Murdoch to reflect on the consequences of his company, which had no limits and a “story at all costs” culture that not only fuelled criminality, but offended every standard of decency. It is also a day for other newspapers to reflect on their level of involvement in illegal activities, because it is wrong that the reputation of the vast majority of journalists and editors is being undermined by the actions of a few. Remaining silent is no longer an option.
Given the outstanding serious allegations of criminality, the hacking of Milly Dowler’s phone and of the phones of relatives of 7/7 victims and brave soldiers who fought in Iraq and Afghanistan, the public would never have understood this deal being allowed to go ahead. From the beginning we have called for it to be referred to the Competition Commission for a full and independent inquiry, but I was told time and again by the Secretary of State for Culture, Olympics, Media and Sport that that was not necessary and, in recent days, not possible.
Mr Jeremy Hunt
On that basis, does the hon. Gentleman think that I was wrong to follow the procedures laid down in the Enterprise Act 2002 and—the Act does not require this—to ask for and publish independent advice at every stage?
Mr Lewis
The right hon. Gentleman was wrong not to refer the matter to the Competition Commission and to rely on the good faith of a company that has been involved in this kind of activity.
What lessons have been learnt from this sorry episode? In matters of media ownership and mergers, politicians should never again fulfil a quasi-judicial role. Market share and power, and not simply plurality, must now be at the heart of the debate we are to have on the future. We welcome the fact that this will be part of an independent inquiry. A “fit and proper person” test should be applicable in all cases of serious failure of corporate governance. A new independent press regulatory system must reflect the new digital age and the rights of ordinary citizens more than the politician and the celebrity.
The Secretary of State must reflect on the judgments he has made, and I say to Government Members that the BBC may need reform, but its strength is absolutely central to the vitality of our democracy. We all know that the Conservative party has wanted to undermine the BBC at every opportunity. The Prime Minister described cuts to it as delicious, which demonstrates the kind of broadcasting environment they wanted to see in this country before these revelations changed for ever the course of how we make these decisions. Today is an historic day for this country. This House has asserted the public interest and finally made it clear, according to the values of my party, that no corporate interest can be allowed to write the law or break it.
The Parliamentary Secretary, Office of the Leader of the House of Commons (Mr David Heath)
This has been a very important day both for the country and for Parliament. It is important because, for the first time, we have had a very clear indication that the police investigations that were carried out so inadequately before are now going ahead and yielding results.
It is important because we have heard of the establishment of a proper judicial inquiry under a very capable judge, Lord Justice Leveson, that will deal not only with the inadequacies of the previous inquiry and not only with the unacceptable practices in the press and the media. I am wholly unconvinced that those practices were confined to News International, and I am glad that the inquiry will work on a wider spectrum. The inquiry will look at the relationship between some media and some politicians and allow for proper investigation of the perhaps too cosy relationship that has sometimes existed. The decision by the Prime Minister to provide for proper disclosure of meetings between senior politicians and the media—I hope that the Leader of the Opposition will agree to that for his own party—seems to be a great step forward.
The other area that the inquiry will deal with—this is absolutely crucial, and I give credit to the hon. Member for Rhondda (Chris Bryant), who has been talking about it for some time—is the potential systemic suborning of police officers by some elements of the media. We must put an end to that.
Nicholas Soames (Mid Sussex) (Con)
Does the hon. Gentleman agree that it is extremely important that the inquiry deals in great depth not only with the points that he has made but with the abuses of many other newspapers in illegally procuring personal information?
Mr Heath
I absolutely agree with that intervention.
I agree with the Leader of the Opposition and my right hon. Friend the Leader of the House that this is a good day for Parliament. We should avoid being self-congratulatory—we have hardly been a model of good practice over the years—but today, and over recent days, we have been able to demonstrate that we can express the views of the public.
It is also a good day because News International’s bid for BSkyB has been withdrawn, as it should have been withdrawn. There was increasing revulsion at the revelations of what were called offences against common decency. I think people would have found it very difficult to understand why the Murdoch empire was carrying on trying to expand its boundaries when there were such clear deficiencies within.
Simon Hughes (Bermondsey and Old Southwark) (LD)
Is it also the responsibility of the inquiry to look at the warnings that have been given over 17 years about the accretion of powers by the Murdoch empire, the failure to act on those warnings during those years, and the failure to act on the very clear recommendations to which the hon. Member for Mid Sussex (Nicholas Soames) referred, which suggested in 2006 that 31 newspapers and more than 300 journalists had been guilty of illegality. Nothing was done about that in the following five years.
Frank Dobson
Does the hon. Gentleman accept that the rot set in when, against the advice of the late Michael Foot, Mrs Thatcher set the precedent of refusing to refer the purchase of The Times and The Sunday Times to the then Monopolies and Mergers Commission on the grounds that 40% ownership of newspapers was too much in one pair of hands?
Mr Heath
We have had abundant evidence since then of what has or has not been done in relationships with the media.
The best contributions to the debate have been the most sober and non-partisan, and I am grateful to colleagues who entered into the debate in that context. I am grateful to the Chairman of the Culture, Media and Sport Committee, the hon. Member for Maldon (Mr Whittingdale), whose Committee has done such a lot of good work. I am grateful, as I have indicated, to the hon. Member for Rhondda for what he has said not just today but on previous occasions. I am grateful to my right hon. Friend the Member for Bath (Mr Foster), to the hon. Members for East Antrim (Sammy Wilson), for Bracknell (Dr Lee) and for Camborne and Redruth (George Eustice), and to the hon. Member for Liverpool, Walton (Steve Rotheram) for his very brief contribution. They talked not only about the criminal behaviour that has been uncovered over recent days and weeks, but about the concentration of power and ownership and the effect that that has on the media in this country, and about the adequacy of the Press Complaints Commission, which we clearly need to look at. The hon. Member for Bracknell warned that new media and technologies will bring new challenges that we have to address.
There were contributions from members of the previous Government. I think that most of what the right hon. Member for Exeter (Mr Bradshaw) said had more to do with the competition authorities and the Department for Culture, Media and Sport than with the contents of this debate, but he took this opportunity to raise those issues. There was a long contribution from the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown). May I say that it is genuinely a pleasure to have him contributing to our debates in this House, and he should do so more often? Everybody understands his personal issues concerning the completely inappropriate release of information about his family, and everybody has sympathy for him over that. Everybody will take careful notice of the serious evidence that he produced to the House, which I hope will be properly considered by the inquiry. I hope that he will give full evidence to the inquiry, as he indicated he would in his contribution, as I hope will other members of the previous Government who have a story to tell. I would criticise him because there was a self-exculpatory tone in much of what he said, and I think that that may have grated on some. Nevertheless, it was an important contribution.
The hon. Member for Bury South (Mr Lewis) did not quite rise to the occasion. He wanted to take a partisan view, in considerable contrast to the leader of his party. He wanted to resile from the body of law that the Government of whom he was a member put in place. He wanted to say that issues that cannot be clearly linked in law should be linked in law. I remind him of what he said on 10 June, because it is relevant to his contribution:
“The serious admissions of culpability by News International aren’t relevant to the News Corp-BSkyB media plurality issue”.
Now he is saying that those admissions are intrinsic to it. He cannot have it both ways.
What we have seen is a systemic failure across the institutions of public life to get to grips with a cancer of wrongdoing. There were abundant signs over the years: admissions of criminal behaviour, Select Committee reports that went unheeded, and clear examples of big media organisations wielding too much power, political and commercial. I hope that the inquiries that are being put in place today will deal with that issue. I hope that that chapter is drawing to a close. I believe that we have a unique window of opportunity to get it right. [Interruption.] The hon. Member for Wrexham (Ian Lucas) says that we have barely started yet. He is absolutely right. We have barely started getting to grips with this cancer of wrongdoing, but we will get to grips with it. We now have an inquiry that will set us on the right path and a Government determined to act. That is as it should be. I am grateful, Mr Deputy Speaker, for the opportunity to contribute to this debate.
Question put and agreed to.
Resolved,
That this House believes that it is in the public interest for Rupert Murdoch and News Corporation to withdraw their bid for BSkyB.
Mr Deputy Speaker (Mr Nigel Evans)
I could not possibly think of a way of making it more widely known than you just have, Mr Foster. Thank you very much for lightening the proceedings.
Business without Debate
(12 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text
Mr Deputy Speaker (Mr Nigel Evans)
With the leave of the House, we shall take motions 8 to 12 together.
Motion made, and Question put forthwith (Standing Order No. 118(6)),
Taxes
That the draft International Tax Enforcement (Liberia) Order 2011, which was laid before this House on 17 June, be approved.
That the draft Double Taxation Relief and International Tax Enforcement (South Africa) Order 2011, which was laid before this House on 17 June, be approved.
That the draft International Tax Enforcement (Aruba) Order 2011, which was laid before this House on 17 June, be approved.
That the draft International Tax Enforcement (Curaçao, Sint Maarten and BES Islands) Order 2011, which was laid before this House on 17 June, be approved.
That the draft Double Taxation Relief and International Tax Enforcement (Mauritius) Order 2011, which was laid before this House on 17 June, be approved.—(Stephen Crabb.)
Question agreed to.
Motion made, and Question put forthwith (Standing Order No. 118(6)),
Constitutional Law
That the draft Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011, which was laid before this House on 22 June, be approved.—(Stephen Crabb.)
Question agreed to.
Motion made, and Question put forthwith (Standing Order No. 118(6)),
Social Security
That the draft Disclosure of State Pension Credit Information (Warm Home Discount) Regulations 2011, which were laid before this House on 23 June, be approved.—(Stephen Crabb.)
Question agreed to.
European Union documents
Motion made, and Question put forthwith (Standing Order No. 119(11)),
Consular Protection
That this House takes note of European Union Document COM(2011) 149, relating to consular protection for EU citizens in third countries; recalls that such Communications are not legally binding; underlines that the competence for consular protection remains with Member States; and agrees with the Government’s approach to the EU’s consular work.—(Stephen Crabb.)
Question agreed to.
petitions
(12 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text
Mr Deputy Speaker (Mr Nigel Evans)
We now move on to petitions. The first is from Teresa Pearce. She is not available, so we move on to Mr Nicholas Brown.
Offshore Gambling and the Horseracing Levy
(12 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text
That the draft Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011, which were laid before this House on 13 May, be approved.
The House divided: - Ayes: 316 / Noes: 233 - Question accordingly agreed to.
That the draft Equality Act 2010 (Specific Duties) Regulations 2011, which were laid before this House on 27 Jun, be approved.
The House divided: - Ayes: 316 / Noes: 230 - Question accordingly agreed to.
Matthew Hancock (West Suffolk) (Con)
It is an honour and a privilege to speak in this House on any day, but on a day like today, when the voice of the House has called so loudly, it is an honour indeed.
I shall speak about an issue that is extremely important to a large part of my constituency: offshore gambling and its relationship with horse racing. When they talk about hacking in Newmarket, they tend to be talking about something rather different to what the House was talking about earlier, because Newmarket is the global centre and headquarters of horse racing. Five thousand people employed in the town get their jobs and livelihoods directly or indirectly from the sport. That means that one third of employment is linked to the sport.
This is not just an issue for Newmarket, however; it is an issue for our whole country. I want to set out the argument that over the past few years, funding for horse racing has been in crisis and that the problem has in part been that those who make a profit from the sport through gambling have gone offshore to escape contributing to the sport on which they rely. I then want to propose action that the Government should take and set this in the wider context of changes that need to be made. We need to put this sport, which gives so much excitement to so many people, back on an even keel so that its funding is fair and secured for years to come.
Claire Perry (Devizes) (Con)
I am grateful to my hon. Friend for raising this subject again in the House. As he knows, my constituency has a number of racing stables. I was recently at Richard Hannon’s stables in Herridge. It is not just the excitement that the sport brings; it is the employment that it provides for thousands of people across the country and the support that those people then bring to the rural community—to the shops and the pubs. It is an unbelievably important industry in so many of our constituencies. I commend my hon. Friend again for raising this important matter.
Matthew Hancock
My hon. Friend makes a typically passionate intervention. I am talking not just about the beauty and heritage of horse racing, but about jobs—not just those directly involved in the horse racing industry, but those in breeding, training and all the connected livelihoods that support the sport. I will give some examples of the problem. Over the past two or three years, funding of racing through the levy has declined rapidly.
Peter Aldous (Waveney) (Con)
I congratulate my hon. Friend on securing this debate. Does he agree that the levy is long past its sell-by date, that all parties should try to come together to find an alternative and that that alternative, as far as offshore business is concerned, must be mandatory, not voluntary?
Matthew Hancock
My hon. Friend makes some important points. A future for the levy built on funding that is not onshore will be a system built like a house without foundations. Unless we deal with the problem of gambling going offshore before we tackle the wider problems of the levy, which is a broken system, we will not be able to build a strong and sustainable future for racing in this country. Over the past few years, the levy has fallen from £110 million to £59 million last year. We were delighted when the Minister announced that this year’s levy would be between £75 million and £80 million, but now, halfway through the season, it looks as though the levy contributions will in fact be less than £60 million—lower than last year—and will be lower still next year. Crucially, that means that prize money in British races is falling fast.
George Freeman (Mid Norfolk) (Con)
I pay tribute to my hon. Friend’s leadership on this issue, and I would like to align my comments with those of my hon. Friend the Member for Devizes (Claire Perry). This sport is often referred to as the sport of kings—its more glamorous side is often the side seen by the public—but is it not also a vital part of the wider rural economy? As with so many other industries, its grass roots are essential to its continuation, and in fact the effect on prize money at the bottom is even more severe. Prizes are falling and small trainers and owners are struggling to maintain the industry.
Matthew Hancock
My hon. Friend makes an important contribution. Prize money is critical to the sport and its future, but it has fallen by almost a half in just the last two years. Also, betting duty—the tax that the Exchequer takes—has fallen from £420 million to £340 million, so it, too, is on the decline. I am a low-tax Tory, but I do not think that we were talking about that.
Simon Hart (Carmarthen West and South Pembrokeshire) (Con)
What my hon. Friend is suggesting sounds like a good idea, but—he will have to forgive my ignorance here—can he assure me that it will not have an adverse effect on point-to-point racing, which is also a major contributor to local economies and provides great enjoyment to those who do not go to major race meetings?
Matthew Hancock
Absolutely, because almost all betting on point-to-point racing is on-course, and one cannot be both offshore and on-course at the same time. Point-to-point racing is a critical part of local and, especially, rural livelihoods. I know that my hon. Friend the Member for Hexham (Guy Opperman) would also like me to make the same point in his absence. He cannot be here because he is recovering from a serious illness, but he is an experienced point-to-point rider.
The levy, prize money and tax revenues are all falling sharply. Why is this? Over the past few years, more and more betting companies have moved offshore. Only two of our 19 biggest bookmakers are now onshore for tax and levy purposes. The previous Government did a deal with the gambling industry—they would not put the levy up, and in return the bookies would stay onshore—but the bookies have gone. I can understand their reason, because once one competitor has moved offshore and does not pay tax or the levy, the competitive pressure on others to move offshore becomes great. I have had many bookies come to me and say, “We would like a level playing field, because it isn’t fair to be driven offshore by competitors who are not paying tax when you are.” Today I would like to propose that instead of having what has essentially become a voluntary tax, we create that level playing field by ensuring that all gambling in the UK pays UK tax and the UK levy. Let us also make it a compulsory level playing field.
Richard Fuller (Bedford) (Con)
I greatly appreciate my hon. Friend’s giving way, as well as the contributions by my hon. Friends from rural constituencies. I represent an urban centre, and he is making some excellent points about levelling the playing field, because another consequence of the levy falling into disrepair has been onshore betting shops siting gambling machines in their premises, which play to people’s addiction when they are gambling. It has had a detrimental impact on horse racing and played to addiction. Is that not another argument why his proposals are so important?
Matthew Hancock
It absolutely is, because bookies who go offshore for tax purposes also go offshore for regulatory purposes, and that means that all the high standards demanded by the British Horseracing Authority are not required of them. There have been instances of poor practice by bookmakers based elsewhere—for instance, in Gibraltar—who fall outside the regulatory practice in the UK. That is not necessarily because the bookie wanted to be outside the regulatory net; rather, they went because of the competitive pressure to reduce their tax and stop paying what had become a voluntary tax and a voluntary levy.
I come to the action that we need in the narrow sphere of offshore gambling. The case for action is strong, but what can we do? I propose a simple solution: we should make the requirement to pay tax and the levy in the UK part of a gambling licence. It is a simple change, but the consequence would be that no serious bookmaker could avoid what has become a voluntary tax, because they would be liable to the law of the land and would be unable to advertise in the UK. Indeed, they would also be unable to come to the UK, because what is currently tax avoidance would become tax evasion. My proposal is for a straightforward change that is being looked at in many other countries. Indeed, it has been enacted in Ireland, and a similar but bigger change has already been put through in France. In any other walk of life, we would not accept an industry choosing not to pay tax by moving headquarters offshore while continuing operations onshore in precisely the same way as before. Why should we allow the gambling industry to avoid tax in that way, when no one in this room could simply choose not to pay their income tax?
Claire Perry
I am sure that my hon. Friend is aware, given his wide experience of economic matters, that we have debates in the Chamber and elsewhere all the time on tax evasion in other industries. Indeed, the way in which we tax people whose main sphere of operation is in the UK, and the need to prevent the kind of tax-shifting mechanisms that so many companies use, form a big part of the political discussion. Is he saying that we need another simple mechanism to ensure that an industry that primarily gets its funding and its excitement from the UK market properly pays its taxes in that market?
Matthew Hancock
I agree wholeheartedly with my hon. Friend. We need to ensure that the foundations on which the funding of racing is built are strong. We can then go on to deal with the wider task of replacing the broken levy system, which the racing industry, the gambling industry and the Government do not like, with a commercial arrangement that recognises the contribution that racing makes to the product on which gambling bases its bets.
I have spoken before in the Chamber about the need for a racing right, and I was delighted to see that that is one of the three proposals in the consultation put forward by the Minister. I urge him to push in that direction. Before he does so, however, it is critical that we solve the problem of offshore gambling. From the romance of the misty gallops on a Newmarket morning through to the excitement of the finishing post, racing is threaded through the history of our country and through the history and culture of my constituency. Let not its future be built on sand; instead—
Peter Aldous
My hon. Friend has put forward his proposal very eloquently. Does he agree that any solution must specifically address the issue of betting exchanges?
Matthew Hancock
My hon. Friend raises an important question. Betting exchanges should of course be brought onshore as part of the creation of a level playing field. We must also address the question of what constitutes a bet, for tax and levy purposes. I strongly believe that when two people interact to make a bet, that is a bet. We should go forward on that basis.
Mr Laurence Robertson (Tewkesbury) (Con)
I congratulate my hon. Friend on raising this issue. As he knows, I represent Cheltenham race course, which I would argue is the greatest race course on earth, especially in the national hunt field. He is absolutely right to say that the levy is broken and needs to be replaced. Does he agree that its replacement, whatever it might be, should be based on a commercial arrangement so that there can be no room for manoeuvring or slippage? Should it not be a purely commercial arrangement, perhaps between bookmakers and race courses? Does he have that in mind as the best way forward?
Matthew Hancock
The future of the levy should be based on a commercial arrangement so that the Government do not constantly have to get involved, but that commercial arrangement must be based on the sale of a right to bet on a race. Otherwise, racing will be putting on something for nothing, and the gambling industry will be making a profit—which I support—using the input from racing for which it is not paying. So long as such a commercial arrangement was based on a contract relating to the sale of a right, I would support it.
Resolving this issue is critical to ensuring that we can build the future of racing on a sustainable foundation, so that this vital sport can be fully and properly funded and the people who run it and work in it can know that it has a strong, long-term future. In the name of racing, and of all those whom I represent and who support me, I urge the Minister to act.
The Parliamentary Under-Secretary of State for Culture, Olympics, Media and Sport (John Penrose)
I join other colleagues in congratulating my hon. Friend the Member for West Suffolk (Matthew Hancock) on securing this debate on an important issue. It is a timely debate in that, as he mentioned, we are in the middle of a consultation process on how to move forward with the levy. My hon. Friend is also absolutely right to say that one of the major issues around the levy is the problem of offshore gambling. He has timed his debate beautifully; I shall try to address the points he raised.
I agree with everyone who has either spoken or intervened in the debate that it is common currency and commonly agreed that the levy as it currently stands is broken. It does not work. People on all sides—whether they are involved in the gambling industry or in racing—are pretty united in their criticism of the levy. The solutions they propose, however, are quite divergent, which is part of the political problem I face. I think that everyone is united at least in their critique of it. People often make three or four points, but they all revolve around the issue that my hon. Friend raised several times—that we need to create a level playing field. It is essential to do that.
The current levy fails to deliver a level playing field in a number of ways. It can be seen, first, in the comparison between onshore and offshore betting, as rightly and eloquently set out by my hon. Friend. I would not dream of disagreeing with his analysis of the problem; it is self-evidently true, and it is a problem that, I think, has grown steadily as the migration from onshore to offshore has taken place over the last five or more years.
The levy also fails to create a level playing field—in the minds of many, at least—between classic traditional bookmakers and betting exchanges. It would be wrong for the Government to try to play favourites between either of those two parts of the gambling industry. As a free-market Tory, I think that would be particularly wrong, but from the point of view of the levy, it is important to avoid any inbuilt bias one way or another between bookmakers or exchanges. At the moment, because these are two different kinds of businesses—they operate on a different kind of business model, with betting exchanges being much higher-volume and lower-margin organisations than traditional bookmakers—there is a great deal of disquiet about the absence of a level playing field between those different kinds of business within the gambling industry.
It would also be fair to say that the way in which the levy is currently set up and the levy board is required to operate is almost guaranteed to create an adversarial relationship between bookmaking or gambling in general and the racing industry. That cannot be helpful. If we could get the two sides to co-operate, we could achieve a unanimity of purpose in terms of trying to grow the total amount of interest in, and betting on, horse racing. With an adversarial relationship, it is extremely difficult for such productive discussions to take place.
Mr Andy Slaughter (Hammersmith) (Lab)
I do not want to take much time out of the Minister’s response, but many of my constituents work for Betfair, which is based in my constituency. I know that the Minister has said some warm words about Betfair, which is voluntarily paying £6 million to the levy and is on record as saying that it believes the whole industry should contribute either to the levy or to whatever replaces it. I was a little concerned to hear the Minister say that there might be a distinction to be drawn between online firms and traditional bookmakers. It would be useful if he could put it on the record that the Government have no intention to make the customers of online betting firms such as Betfair subject to the levy, as some parts of the industry have indicated that they should be.
John Penrose
I am very happy to repeat my previous comments that it was extremely responsible, and extremely welcome, of Betfair to decide to make a voluntary contribution to the levy. That was a very responsible reaction from the company. I also echo the hon. Gentleman’s remarks in that I too wish that more offshore organisations of any kind would follow Betfair’s lead and behave in a similarly responsible fashion. As for whether people using betting exchanges should or should not pay the levy, that is precisely what we are in the middle of consulting on, so it would be rather premature for me to prejudge that. I know that organisations like Betfair and other betting exchanges are making strong representations as part of the consultation, which will, of course, be listened to extremely carefully for precisely that reason.
As my hon. Friend the Member for West Suffolk mentioned, we are in the middle of a consultation. We have ended a pre-consultation and are now digesting the results before starting an official consultation on the levy, which will be more broadly based. I shall quickly sketch out the three options under consideration.
The first option would involve relatively little change to the current levy, but would have the important benefit of removing politicians from the decision-making process. I cannot claim that that option offers to fix some of the other issues, such as that of offshore betting, but the requirement for extensive political lobbying from both sides would be reduced. That would be a step, although only a partial one, in the right direction. The suggestion has drawn relatively limited comments and contributions from both sides of the debate, but it is at least an option.
The second option, which I think my hon. Friend mentioned in passing, is effectively a voluntary or contractual arrangement between gambling and horse racing, along the lines mentioned by my hon. Friend the Member for Tewkesbury (Mr Robertson), who represents Cheltenham race course, an important part of the jump racing organisation. That option would involve a contractual arrangement between racing and the gambling industry, in which politicians would, by definition, have no direct involvement. We might help to broker the discussions leading to it, but it would be a private contractual deal, although the Gambling Commission might then require both sides to be party to the arrangement in order to be granted a gambling licence. That would provide back-up.
The third option on which we are consulting is the betting right, or racing right, which my hon. Friend the Member for West Suffolk suggested. That option is widely desired in the racing industry, although for perhaps obvious reasons the gambling industry is a great deal more concerned about it, and it has been sketching out the reasons for that concern in some detail, as is only fair and proper.
I want to place on record that, as part of our pre-consultation arrangements, the Association of British Bookmakers has proposed an interesting fourth option, which we shall unveil in due course. It would be improper to breach the association’s confidence in that regard, but we will publish its proposal as another alternative. I mention that purely to illustrate that there is a great deal of involvement, engagement and creative thinking on all sides about how to square the difficult circle of fixing the levy in a way that will be sustainable and stable, that will provide a source of income that is fair to both the gambling industry and the racing industry, and that will be a stable solution for a long time to come—stable not only economically but politically, so that it will not require endless political intervention that would be regarded by other sports as alien and unexpected.
On my hon. Friend’s point about offshore gambling, I am delighted to be able to provide some breaking news. Tomorrow, a written ministerial statement will be tabled in the House—I trust that I am not breaking parliamentary rules by pre-announcing it in the House, as I cannot be accused of ignoring the House of Commons. I am delighted to announce that we intend to move, as fast as possible, towards a system that will, to a great extent, fix the problem of offshore betting. We will switch away from the current system, which has driven many bookmakers offshore for entirely understandable and logical commercial reasons, to one based on point of consumption rather than point of production. That rather arcane phrase means that anybody based anywhere in the world who wants to sell gambling services of any kind—this applies more broadly than to horse race betting alone—to any consumer of gambling services based in the UK, will in future have to have a Gambling Commission licence.
That gives rise to a number of important changes in the current arrangements. As I said earlier, it will apply not just to horse race betting—although it will obviously have implications for that—but to a far broader range of activities. It will apply to online poker, online roulette, and all the other gambling services that are provided. What is vital is that it will increase the amount of consumer protection for any punters in the United Kingdom who use those services. At present, those who use an online gambling service provided by a UK-based company already regulated by the Gambling Commission can be pretty sure that it is a reputable company which is properly looked after, and that they are therefore protected to the full extent of the law. A provider based offshore may also be regulated by a reputable jurisdiction, but it may not be. It is extremely hard to know where some of the websites are based, and it is just possible that someone might find that he was gambling with the equivalent of Arthur Daley Gambling, based off Tripoli, and that as a result he had very little consumer protection. We aim to fix that.
Matthew Hancock
I warmly welcome the Minister’s announcement, which will come as a huge relief to the racing world. I am also surprised and delighted by the speed with which I have received a response in policy terms, and by the Minister’s recognition of the pressure that exists. Will he tell us how much he thinks the reform will raise, and what impact it will have on the levy?
John Penrose
I am afraid that I cannot do that, much as I would like to, for a couple of reasons. We are dealing first with consumer protection, and reform of the horse race betting levy will be a subsidiary issue. However, as my hon. Friend knows, we have stated explicitly that some of the three options in our pre-consultation document will require primary legislation in order to be feasible, and that will open the door to their feasibility.
The change that we propose will have other benefits. It will not just improve consumer protection; it will also help to level the regulatory playing field in the way that my hon. Friend has requested. It will improve our ability to deal with betting integrity, because it will be easier to capture information about potentially suspicious betting patterns and refer it to the relevant authorities as required.
Ministerial Corrections
(12 years, 10 months ago)
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Housing (Armed Forces Personnel)
(12 years, 10 months ago)
Ministerial CorrectionsRead Full debate Read Hansard Text
Mr James Gray (North Wiltshire) (Con)
2. What plans he has to provide support through his Department’s housing policy to serving and former members of the armed forces.
The Minister for Housing and Local Government (Grant Shapps)
I am absolutely determined to ensure that serving and former serving personnel from the armed forces are treated properly when it comes to housing on their return.
Mr Gray
Serving men and women form a disproportionately large part of those who are homeless or rough sleepers. I therefore very much welcome the Government’s notification that they are a priority group under the Firstbuy scheme. However, many of them cannot afford to buy a house at all. Will the Minister now consider whether he can bring pressure to bear on local authorities, so that serving men and women are also designated as a priority for local authority housing?
Grant Shapps
I do not just want to remove the housing disadvantage for those who have served in the military; I want to put them at a positive advantage. That is why we have announced today that they will receive that priority in the Firstbuy scheme. I can also tell my hon. Friend that they will be a priority in the social housing allocation list. Also, if I may correct one point, the new figures for rough sleepers out today from CHAIN—the Combined Homeless and Information Network—show that just 2% of those who have served previously in the military are on the streets.
[Official Report, 20 June 2011, Vol. 530, c. 3-4.]
Letter of correction from Mr Grant Shapps:
An error has been identified in an oral answer given on 20 June 2011. The correct answer to the follow-up question should have been:
Grant Shapps
I do not just want to remove the housing disadvantage for those who have served in the military; I want to put them at a positive advantage. That is why we have announced today that they will receive that priority in the Firstbuy scheme. I can also tell my hon. Friend that they will be a priority in the social housing allocation list. Also, if I may correct one point, the new figures for rough sleepers out today from CHAIN—the Combined Homeless and Information Network—show that just 3% of UK people on the streets have served previously in the military.
Social Housing (England)
(12 years, 10 months ago)
Ministerial CorrectionsRead Full debate Read Hansard Text
Grant Shapps
The issue of under-occupancy and empty homes was raised. I passionately believe in trying to solve the equation of 430,000 people under-occupying while nearly 250,000 are overcrowded. I have provided some money, time and resources in order for the Chartered Institute of Housing to assist with that issue.
[Official Report, 28 June 2011, Vol. 530, c. 216WH.]
Letter of correction from Grant Shapps:
An error has been identified in the oral answer given on 28 June 2011. The figures given on under-occupancy and overcrowding in the response were incorrect.
The correct response should have been:
Grant Shapps
The issue of under-occupancy and empty homes was raised. I passionately believe in trying to solve the equation of just over 420,000 households under-occupying while over 270,000 are overcrowded. I have provided some money, time and resources in order for the Chartered Institute of Housing to assist with that issue.
Westminster Hall
(12 years, 10 months ago)
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
High-speed Rail
(12 years, 10 months ago)
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Mr James Gray (in the Chair)
Before we start the first debate, may I say that it will not come as a surprise to hon. Members that a large number of people are seeking to catch my eye? While there can be no formal limit on speaking times, as there can be in the Chamber, it will be helpful, and a great courtesy to each other, if Members are able to keep their remarks to three or four minutes apiece. Anyone who speaks for 10 minutes will get dirty looks from other hon. Members.
Susan Elan Jones (Clwyd South) (Lab)
It is a pleasure to serve under your chairmanship, Mr Gray.
I am pleased that the building of a high-speed rail line, which was first proposed by the previous Labour Government, is supported by the present Government, as it is important that there is consensus on the issue. The project certainly makes sense. It is ridiculous that, by rail, I can get from London to Paris faster than I can get to Wrexham, and get to Brussels faster than to Liverpool. Should I so wish, I could get to Rotterdam a full hour faster than I could get to Glasgow. France, Germany, Italy and Spain are all enjoying their high-speed rail networks, but in the country that invented railways, we are still just talking about it, and that needs to change.
I secured the debate because although the Government are committed to the project—I welcome the fact that it appears in the coalition agreement and the Government parties’ manifestos—I fear that it may be under threat from not just outside but within the ranks of the Government. I am of course talking about the Secretary of State for Wales. I welcome the fact that the official Wales Office business plan states, as one of its aims, that it will:
“Ensure that Welsh interests and needs are reflected in the Government’s improvements to transport infrastructure”.
However, the Secretary of State for Wales opposes High Speed 2 and, as a Minister, she refuses to justify herself. The Wales Office’s annual report, which was published earlier this week, tells us that, over the past year, every one of 41 named day questions to the Wales Office were answered on the day specified, yet the answers to two questions asked by my hon. Friend the Member for Pontypridd (Owen Smith) were over a week late. Strangely enough, they were both to do with the assessment that the Secretary of State has made of benefits that HS2 would bring to Wales. We must assume that that was because she was held up trying to find any research that does not foresee massive economic benefits to Wales from the high-speed line.
Jessica Morden (Newport East) (Lab)
I congratulate my hon. Friend on securing this incredibly well-attended debate. Despite the Wales Office’s silence on the issue, research by Professor Stuart Cole at the university of Glamorgan points to real benefits to Wales due to speedier connections and greater capacity. Does my hon. Friend find it strange that the Secretary of State has not referred to that research in any way?
Susan Elan Jones
I do find it strange, but not when one considers the Secretary of State’s personal opposition to the project. Professor Cole has made it clear that the project would also bring great benefits through inward investment in Wales.
The Secretary of State said of her opposition:
“This project goes right through my backyard”.
If that is not nimbyism, I do not know what is. It is not even disguised nimbyism; it is self-interest pure and simple. In a debate on the issue in March, the hon. Member for Weaver Vale (Graham Evans) recounted tales of people stating:
“I am not a nimby, I just don’t want a railway line built near my house.”—[Official Report, 31 March 2011; Vol. 526, c. 177WH.]
Rehman Chishti (Gillingham and Rainham) (Con)
I am grateful to the hon. Lady for securing the debate. On that point about residents’ concerns, does she accept that lessons have to be learned? My constituency recently had High Speed 1, but then standard services were reduced and High Speed 1 fares went up by 30%. If we want more people to use high-speed rail, it has to be affordable, and we cannot have it at the expense of standard services.
Susan Elan Jones
I totally agree. We have to look at all those issues sensibly. However, equally, as a representative of a Welsh constituency—I know that Members from other parts of the United Kingdom feel this too—I am not prepared to see HS2 delayed on the grounds of pure and simple nimbyism. That is quite different from the point raised by the hon. Gentleman.
Mr Mark Field (Cities of London and Westminster) (Con)
Does not the hon. Lady have any sympathy for the plight of those Members of Parliament who represent seats on the route? I represent an area where Crossrail is infuriating, angering and frustrating many of my constituents. It has done that for many years and will do so for decades to come. As it happens, I am a keen supporter of Crossrail and am willing to make the case. Perhaps the hon. Lady should be setting out the argument that MPs who are on the line should be making a robust case, particularly about capacity, which I think is one of the big issues. As my hon. Friend the Member for Gillingham and Rainham (Rehman Chishti) was pointing out, if general capacity is reduced, that undermines many of the perceived benefits of such a new scheme.
Susan Elan Jones
I have considerable sympathy for that view, but the difference is that the hon. Member for Cities of London and Westminster (Mr Field) does not aspire to be Secretary of State for Wales—
Susan Elan Jones
Indeed.
There is a conflict here. I understand that people are likely, as they are entitled, to complain about local developments to which they are opposed, but we need our Government to take a broader national view, and Wales certainly needs a Secretary of State who will do better. That is why I am here to make the case for high-speed rail, and specifically the Welsh case, because I fear that it is not being made by the person whose job it is to do so.
The official ministerial answers on the benefits of HS2 for Wales may be missing, but there is plenty of evidence from elsewhere in Europe with which hon. Members can form their own opinion, such as the case of Lille. In the early 1990s, the French Government chose to divert their high-speed TGV line through Lille, as opposed to using a more direct route through Amiens, because of high unemployment and post-industrial decline in that area.
Nick Smith (Blaenau Gwent) (Lab)
My hon. Friend says that high-speed rail and rail electrification are particularly important for economic development. Does she agree that it is important that we get that for the lines in the valleys and in other parts of Wales, and particularly for the Cardiff-Ebbw Vale line?
Susan Elan Jones
I am in total agreement with my hon. Friend’s point, both for south Wales and for north Wales.
In the case of Lille, the French Government decided that following the slightly less direct route was worth the extra €500 million that it cost because of the massive potential for regeneration and employment that the project would bring to Lille. Professor Stuart Cole of the Wales transport research centre at the university of Glamorgan, whom my hon. Friend the Member for Newport East (Jessica Morden) mentioned earlier, submitted evidence to the inquiry of the Welsh Affairs Committee on inward investment to tell us what happened next. Twenty years later, Lille is ranked as the fourth most accessible European city and has been described as a boom town. As the French Government showed that they were serious about investing in the area, private sector investment followed. A major commercial centre, a retail centre, hotels and offices all sprung up around the terminal. An elite university opened a campus in the town and tourism flourished. The expansion is continuing. A major conference centre is scheduled to be built, along with significant new office accommodation and housing. Public investment in connectivity, accessibility and profile led to private investment, jobs and growth.
Mr Mark Williams (Ceredigion) (LD)
We have heard from the south and north of Wales, but in regard to economic development, the hon. Lady must not overlook mid-Wales. In the absence of a direct line from Aberystwyth to London, we would welcome reduced journey times from London to Birmingham, which is part of our journey.
Susan Elan Jones
It is no secret that the slow pace of rail journeys to parts of mid-Wales is scarcely believable. I agree totally that the London-Birmingham high-speed link would make a tremendous difference to that, or at least part of a difference. This is our opportunity. I want to see benefits of the kind that the TGV delivered in northern France brought to Wales, as well as to the midlands, northern England and Scotland, through HS2.
Although the planned route for HS2 does not go directly into Wales, that does not matter. Getting the journey time from London to key hubs such as Manchester or Liverpool down to an hour and 10 minutes would be a massive improvement for us. Some tube journeys take longer than that, as I am sure many hon. Members realise. Suddenly, getting business representatives from London to north Wales and back in a day would look easy.
Guto Bebb (Aberconwy) (Con)
On that point, I travel down by train from Chester or Runcorn simply because the North Wales Coast Railway line is so poor. How does the hon. Lady think that the economic case for north Wales will be improved by making the journey time to Manchester 1 hour 10 minutes rather than 1 hour 50 minutes, when north Wales will still be three-and-a-half hours away?
Susan Elan Jones
There is work to be done in north Wales. We are talking about a link that would speed up the entire journey down here. The examples that I gave earlier show how it is much quicker to travel to parts of Europe than to parts of north Wales, which bears testimony to my argument.
Albert Owen (Ynys Môn) (Lab)
At present, many people travel by car to Manchester and hubs. As the hon. Member for Ceredigion (Mr Williams) said, if we get the high-speed rail network, there will be connectivity between Birmingham and various other cities, and north Wales. People from north Wales will travel by train, which will save the environment and save time.
Susan Elan Jones
I agree totally with my hon. Friend. When the north Wales main line is electrified, a small number of trains—one or two a day, for example—could be diverted off the main track at Crewe or another convenient point to travel along that track. A passenger would therefore be able to travel from continental Europe to Rhyl, Bangor or, indeed, my hon. Friend’s constituency. Of course, I would also argue for the inclusion of Wrexham directly. Wales, and north Wales in particular, is on the periphery of Europe, but a high-quality transport plan could bring us into real contention for business.
Owen Smith (Pontypridd) (Lab)
My hon. Friend is ahead of me because she is talking about the benefits that HS2 will bring to north Wales passengers via Crewe. Does she agree that the Secretary of State for Wales does not need to look as far as Lille for evidence of that? She could merely talk to the Secretary of State for Transport—her colleague in the Cabinet room. In an answer to the hon. Member for South Northamptonshire (Andrea Leadsom), he said that HS2 will bring significant benefits to north Wales rail passengers, with all the obvious economic benefits that my hon. Friend is talking about.
Susan Elan Jones
I agree totally with my hon. Friend. Technically, there is nothing to stop such a plan in the long term. High-speed trains in France make some journeys across regular track, such as to Cannes. If the routes of Brussels to Bangor, Rotterdam to Rhyl, or Frankfurt to Flint sound a bit far-fetched, that is evidence of how inaccessible some of our towns are perceived to be.
Mr Mark Field
A number of people are worried that the route will lead to an overheated south-east England, which many would regard as undesirable. If travel times from London to Manchester or to Liverpool are 45 or 60 minutes shorter, does not that simply make London even more attractive for people from the north-west, or indeed from north Wales, rather than necessarily bringing great benefits to Wales?
Susan Elan Jones
I agree with the hon. Gentleman and I thank him for his thoughtful contributions.
Esther McVey (Wirral West) (Con)
Does the hon. Lady agree that high-speed connectivity is vital? At a time when we are talking about rebalancing the economy, particularly for the Merseyside area, this is not just about speed. We want to develop our port and make it the port of the north. We need freight and people connectivity, so high-speed rail is vital.
Susan Elan Jones
I totally agree with the hon. Lady. If hon. Members will excuse me, I must try to make a little progress because otherwise they will not be able to make their speeches in the time available.
It is not just Wales that stands to benefit. Ninety business leaders in Yorkshire recently wrote to the Secretary of State for Transport to tell him that the project is vital. The Sheffield city region local enterprise partnership said that 91% of 200 firms surveyed agreed that the benefits of HS2 to the city would be huge. The Northern Way alliance of regional development agencies from the north of England said that it valued the wider economic benefits of north-south high-speed rail at £10 billion, and described the high-speed link as
“an opportunity to create a new economic geography”.
The Scottish Minister for Housing and Transport said:
“the case for high-speed rail…is compelling, robust and clear”.
Manchester council says that high-speed rail will enable local business to compete and will boost tourism, and Stoke-on-Trent council says that it will open up national and international markets. Liverpool supports it and Birmingham supports it. The message from across the UK is loud and clear. We cannot let a small group of people railroad this debate. People welcome major investment in infrastructure to bring about new jobs and new business.
Stephen Timms (East Ham) (Lab)
I agree with my hon. Friend about the new economic geography. On Rotterdam to Rhyl, does she agree that if the London stop were Stratford and the trains bypassed St Pancras, the length of the journey from Rotterdam to Rhyl and the other journeys she had mentioned could be significantly reduced, which would have widespread advantages?
Susan Elan Jones
I am certainly open to that idea, which I had not previously thought about. In terms of UK-wide economic benefits, HS1 offers some concrete feedback. Despite some criticism, independent reports have put the value of investment attracted by the line at £20 billion, which is 40 times more than original estimates. The operation has not been sold at a loss, whatever the HS2 Tamworth Action Group says. The lease has been sold, and will be re-sold again and again on expiry. Two more sales will bring the scheme into profit, even without taking the massive wider economic benefit into account.
Mrs Siân C. James (Swansea East) (Lab)
The economic benefit is well known in rail terms: it is known as the spark effect. As my hon. Friend knows, we in Swansea are fighting hard for electrification of the whole rail system to Swansea. We want that economic development. The spark effect is happening across Europe and we would like it in Britain, please.
Susan Elan Jones
My hon. Friend speaks with considerable expertise in this area and I am grateful for her intervention.
Indirectly, HSl enabled the delivery of three major development schemes, in Ebbsfleet, Stratford and King’s Cross, which are all areas in need of regeneration. Some 15,000 homes and 70,000 jobs were created. The project delivered £3.8 billion of transport benefits, which, combined with the operating surplus, offsets the whole project cost.
Independent reports found, in conclusion, the following:
“it is clear that overall the scheme represents high value for money”.
Karen Lumley (Redditch) (Con)
Does the hon. Lady agree that the project will provide wider access to Birmingham airport, with a journey time of just 49 minutes? That will ease congestion in the London area and make Birmingham and the west midlands more attractive.
Susan Elan Jones
I certainly agree with the hon. Lady. The project will also make her journeys to Wrexham quicker, which I believe is her old home.
Chris Ruane
The interventions we have had across the piece seem to show that there is a national consensus for this 21st-century rail project to go ahead. Why does my hon. Friend think there is a delay? Is the reason political?
Susan Elan Jones
I would hope not. On HS2, the 2008 Atkins report concluded that a high-speed rail network would deliver more than £60 billion-worth of benefit to the UK economy in its first 60 years. In 2009, the British Chambers of Commerce calculated revenues and benefits to the economy worth £55 billion. The Government’s consultation paper puts the benefits at around £71 billion in revenue and benefits.
David Mowat (Warrington South) (Con)
On the subject of benefits and the point about delay, it might be worth putting on the record that the business case for High Speed 2 puts the net benefit ratio of the project at 2.6, which is higher than Crossrail, Thameslink or HS1.
Susan Elan Jones
I agree with the hon. Gentleman, but not with the Taxpayers Alliance, which suggests that the business case is unproven. I confess that that is not the only thing I disagree with the Taxpayers Alliance on.
Wendover Action Against Chilterns HS2 Routes claims that passenger demand forecasts have been overestimated. It ignores the fact that, after 10 years of 5% annual rises in passenger numbers, HS2 envisages just 1.4% annual growth. Again, it does not offer its own projected profit figures. The RAC has offered the following gem of a critique:
“the analysis so far has been largely uni-modal and future analysis will need to be multi modal so as to assess HSR against rival and complimentary investments, particularly in the air and road sectors, whilst further work may also be required to analyse the inter-relationships with the classic rail sector and to test the robustness of modelling results”.
Perhaps we can pass that on to the Plain English Campaign, so that it can translate it for the rest of us. Ultimately, it is clear that the experts all agree on one thing: there will be economic benefits and, even if we cannot agree on every penny, we know they will be hefty. Whether someone lives in the Chilterns or not, they cannot escape the economics. If it is done properly, high-speed rail works. Once we accept that, it only remains for us to consider whether those benefits are outweighed by any overriding negatives. As we have heard, the Secretary of State for Wales believes that one such negative is the fact that the line will pass through her backyard. Putting the right hon. Lady’s begonias aside, what are the real facts on environmental impact?
I totally agree that areas of outstanding natural beauty must be protected. Indeed, a new such area is on its way in my constituency. I believe that they must be protected and preserved wherever possible; I do not accept, however, that HS2 will cause unacceptable blight in the Chilterns. In fact, all but 1.2 miles of the route through the Chilterns area of outstanding natural beauty will be in tunnels, and one cannot get much less obtrusive than that. We will not be able to see it—it will be under the ground. Other parts of the route will be hidden in deep cuttings, or run alongside motorways. A lot of work has gone into ensuring that the line will cause minimum disruption. In fact, route changes mean that only 340 properties will be affected by noise, of which 210 are in central London, itself hardly a haven of peace. Just 10 properties will be affected by high noise levels. That does not add up to irreparable damage to the countryside. The fact that it will be possible to see and hear this rail line in the distance does not outweigh the very real economic and social benefits it will bring.
I have one point to add, regarding the residents in Holborn and St Pancras whose homes may be demolished. That may be classed as irreparable damage and I would not want to see that outcome; I hope very much that a solution can be found to avoid that demolition. I would back any amendment to the plan that could avoid the destruction of homes.
Mr Mark Field
So, doing that in Labour-held seats is acceptable, but not in Conservative-held seats?
Susan Elan Jones
It is a shame. The hon. Gentleman should have known that I would have said exactly the same had it been in his seat. I am reluctant to take back my earlier compliments for his interventions.
Having overcome the environmental argument, what about the costs of building during the recession? Let us look at the figures. HS2 will cost £2 billion a year during the building phase, which I believe is roughly the same as Crossrail. Construction will start at roughly the same time as Crossrail finishes, meaning that the overall transport budget will stay quite steady, but HS2 will spread jobs and benefits much more widely than Crossrail. Initial estimates predict the creation of 40,000 jobs. Some of those jobs will be in London and the south-east, but many will be spread along the line. Several thousand will be non-permanent construction jobs, but many will be permanent. At a time when the construction industry is struggling, I, for one, would welcome that.
Even if the budget has to stretch to pay for the build, which I do not believe it will, the figures all show that we can expect a return of £2 for every £1 invested in the project. If we think long term, and we should, that is an attractive proposition. If aliens from Mars turned up and heard about a project set to create 40,000 jobs, to link north and south, and to boost our national profile, they might well guess that the Government had decided to subsidise such a project for the public good. I am sure they would be shocked to hear that it was being opposed, despite being set to earn double the original investment. The cost is not a barrier to HS2; the investment is sound. Only the most blinkered, short-term thinking can conclude anything else—the costs add up.
What about the suitability of the UK for a high-speed line? Detractors say that the UK is too small to benefit from high speed, that our country is densely populated and already well-served by lots of railways. However, the distances between our major cities are very similar to those with successful high-speed rail abroad. Frankfurt and Cologne are 110 miles apart, which is the same distance as London to Birmingham. Tokyo and Osaka are 325 miles apart—roughly the same distance as London to Edinburgh.
While it is true that we already have railways, our lines are full. On capacity, fares are going up and up as demand increases, a point raised earlier by the hon. Member for Gillingham and Rainham (Rehman Chishti). The cost of some season tickets in the south-east rose by almost 13% this year. Anyone who says that HS2 fares will be too high should consider the situation with our existing network. Sir Roy McNulty’s review of fares, published in May, suggested that off-peak fares should rise by 30% “to manage capacity”, as thousands of people pack on to trains with cheaper fares. We are actually having to price people off our trains to prevent them from bursting. That cannot be the right approach. We want to encourage public transport use, as my hon. Friend the Member for Ynys Môn (Albert Owen) said earlier, not suppress it.
We need more trains, and our existing network cannot provide them. For example, management at the west coast main line, which has recently had a major £10 billion upgrade that caused huge disruption to passengers, has announced that it will be at full capacity again within six to 10 years, even if extra carriages are added. It is not possible just to run more trains: there simply is not enough space. Even though there is the demand for more fast, direct trains up the west coast, the local commuter services and freight trains that use the lines do not leave extra space for the extra trains. We need more capacity. Network Rail has acknowledged that, and it spells it out very simply:
“HS2 solves the capacity problem”.
HS2 not only allows the existing network to operate at full capacity during its construction; it is the only option that will release real, significant extra capacity when in operation. Current services would continue to run on the existing lines, but the high-speed routes would no longer be hemmed in by them. Instead, they would have a free run on the new lines. Towns without HS2 stations will benefit as space for more trains is freed up on existing lines, with less crowding and more services. It is a win-win situation.
Mr Brian Binley (Northampton South) (Con)
Does the hon. Lady agree that for towns such as Northampton, which are not directly on the route but feed into it at Milton Keynes, the issue of capacity is vital, specifically when we recognise that population will increase by 120,000 by 2026? If HS2 does not happen, we will have serious problems, and I thank her for making that point.
Susan Elan Jones
I thank the hon. Gentleman for his thoughtful contribution—many thanks.
Finally, let me deal with the so-called Rail Plan 2, which could apparently solve our capacity problems for a fraction of the price of HS2. That plan contains such major flaws that even its supporters are having to modify it as they go along. I have already heard of Rail Plan 2a, for example, which is supposed to be more “sympathetic”. RP2 basically involves doing almost nothing, maintaining and improving our existing tracks in a hotch-potch manner, and improving capacity a little bit here and a little bit there. Of course it is cheaper—it has not achieved anything that we would not have done as a matter of routine upkeep. Of course, it is quicker as well. It will have to be quick, because rebuilding a line that is still in use as the main line route will cause massive disruption. I wonder whether the cost of that massive disruption has been taken into account in these very low cost estimates for RP2, let alone that the horrible experience of using a line which is half dug up may put a lot of people off rail travel for life.
If we want a top-class railway system, it is not enough just to fiddle around little by little. High-speed rail is the way forward. It has worked in other countries and is backed by all the key figures around the UK. Of course, we can and should improve our existing network as well. I have already said that I hope that the north Wales main line, referred to by the hon. Member for Aberconwy (Guto Bebb), will be electrified soon. However, such a piecemeal investment project will have no wider economic benefits and create no draw for inward investors, and it will create such chaos on the railways while being built that it could make the whole idea of inter-city travel less attractive altogether. If we never begin a long-term project, we will never finish it, either.
Chris Ruane
On the issue of crowding on the north Wales line, unlike my hon. Friend the Member for Alyn and Deeside (Mark Tami), I am a weekly user of the line. It is already at capacity. Everybody has to stand up on the Arriva trains between 4 pm and 5 pm. We need that investment and we need it soon.
Susan Elan Jones
I agree. My hon. Friend the Member for Alyn and Deeside wished to intervene.
Mark Tami
As my hon. Friend the Member for Vale of Clwyd (Chris Ruane) mentioned, I am not a regular user of the train. There are connection problems. I used the train last week, only to find that I waited for a connection for nearly 40 minutes. That is an issue. It is all very well having high-speed rail, but if the connection time is so out, we will not get the benefit.
Susan Elan Jones
I agree with my hon. Friend on that point.
As I was saying, if we never begin a long-term project, we will never finish it, either. Even if HS2 takes many decades to build, the benefits it will bring will make it worth it many times over in the long-run. RP2 may work for a while but, ultimately, it will leave us continually plugging leaks, while the rest of the world races away with new technologies and coherently planned schemes.
In conclusion, we need more capacity, faster journey times, jobs, investment and better access. HS2 can give us all that, and it is heartening to see so much support among hon. Members this morning. I call on the Government to face down the saboteurs and stick to their promises. Only a small number of people oppose the scheme—regrettably, they include the Secretary of State for Wales and the Chilterns—but everyone else backs it, and so do I.
Mr James Gray (in the Chair)
Order. Before I call the next speaker, I point out that I intend to call the Front Benchers no earlier than 20 minutes to 11, although I might seek a little bit of a squeeze on that at a later stage, because 14 people have written to Mr Speaker asking to catch my eye. In my estimation, that gives two and a half minutes a piece, and anyone who speaks for longer will be squeezing out someone else.
Mr Brian Binley (Northampton South) (Con)
I will try to be quick, Mr Gray, and I am most grateful to serve under your direction.
I congratulate the hon. Member for Clwyd South (Susan Elan Jones) on a comprehensive and wide-ranging explanation of the need for High Speed 2, which, to my mind, is absolutely clear. The hon. Lady made the point that high-speed rail is increasingly a feature of advanced economies. It is vital for business purposes, because it is about not only individuals going up and down an important line, but the well-being of economies in many areas of the country and Britain’s future. As the hon. Lady has said, the experience of high-speed rail has been immensely positive for so many areas in France and for Lille and Lyons in particular. Many nations and towns are desperately trying to promote the concept of high-speed rail in Europe and, frankly, throughout Asia.
Our economy needs high-speed rail. The issue is to do with business, because the existing network will not be able to cope with the anticipated growth and the pressure it inevitably faces now and in the coming decades. There is a blockage at Birmingham coming down from the north-west; freight is having great difficulty getting through to the south-east; and passengers are finding journeys immensely difficult. The construction of HS2 will increase the corridor capacity of the west coast main line threefold, which is massive, in return for a sizeable investment.
The southern part of the west coast main line is set to be running at full capacity within 15 years—that bit unblocks the whole problem in Birmingham and impacts on my town, Northampton. We are on the growth agenda of both the previous Government and this one. We are expected to build 59,000 homes by 2026, which is an additional 120,000 people, creating a town of 350,000. Already, 5,000 people a day commute to London, and we will have at least another 12,000 who want to do so; we will fail without high-speed rail and releasing capacity on the west coast main line. We need to create 85,000 new jobs, and we will fail without high-speed rail. Consequently, I support the plea of the hon. Member for Clwyd South and add the voice of the people of Northampton: without high-speed rail, we will have the population growth but we will not have the jobs growth; it is that simple.
Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)
I congratulate my hon. Friend the Member for Clwyd South (Susan Elan Jones) on securing the debate and on the case that she has made for High Speed 2. There is no need to repeat the benefits for the business environment and the economy or the point about capacity constraints, because those points have been well made.
I want to touch on a couple of issues relating to Scotland and to my constituency and neighbouring constituencies. The Minister is aware of the group High Speed 2 Scotland, which has published papers looking at the benefits of high-speed rail for Scotland. I want to reiterate some of its key points on the environmental benefits in particular. Currently, some 7 million journeys to London from Glasgow and/or Edinburgh are undertaken every year, but 6 million of those are by air. I freely admit that I do the same more often than I would like to, which is the case for many people I have spoken to who must travel to London for business purposes. They would rather not do the journey by air but, unfortunately, the time taken by rail at the moment is too long. There is an issue to do with the opportunities for business in Scotland as well.
In the past, the Minister’s predecessors had discussions with Scottish Ministers about HS2 in Scotland. She will be under pressure to respond to many points, but I hope that she will touch on whether such discussions have continued and when she last met Scottish Ministers. I also hope that she will touch on the feasibility of, if we eventually reach consideration of an extension beyond the initial phase of HS2, and potential for building from north to south, rather than from south to north, because that might be useful.
Jim Shannon (Strangford) (DUP)
The hon. Gentleman is discussing Scotland. Other hon. Members have spoken eloquently about other parts of the country, and as a Northern Ireland MP my request concerns the HS2 opportunities for Stranraer, where the Northern Ireland traffic goes. Something should be done there, because all parts of the United Kingdom should benefit from HS2.
Tom Greatrex
I agree that all parts of the United Kingdom should benefit from HS2, which is why it is important that we look beyond the initial stage and start some of the planning discussion now, and why I want an assurance on looking at the feasibility of building from north to south.
Chris Ruane
The hon. Member for Strangford (Jim Shannon) has mentioned Northern Ireland, but it is important to connect the whole island of Ireland. Holyhead to Dublin is part of a trans-European network route connecting Ireland to the centre of Europe. We ought to be good Europeans and support that route, ensuring that the link is put all the way through to Holyhead.
Tom Greatrex
I am sure we all support the benefits of greater connectivity. Every Member who has made a contribution, and those who will subsequently do so, would attest to that. I hope therefore that the Minister will respond favourably to my points, which I made in particular about Scotland.
Iain Stewart (Milton Keynes South) (Con)
It is always a pleasure to serve under your chairmanship, Mr Gray. I add my congratulations to the hon. Member for Clwyd South (Susan Elan Jones) on securing the debate.
I am a member of the Select Committee on Transport, and we are midway through our inquiry into high-speed rail, which is one of the most fascinating subjects that I have had to consider in my time as a Member. In the interests of time, I will not rehearse all the arguments for and against. I want to do two things in my contribution. First I make a plea to all sides in the debate to keep their remarks objective and evidence-based, and not to indulge in unhelpful and insulting point scoring; I say that to everyone. To those who support high-speed rail, it is incredibly unhelpful and insulting to polarise the debate as jobs in the north against lawns in the south, which is insulting to lots of people who have real and passionate objections to the concept of high-speed rail.
Albert Owen
The hon. Gentleman is making an important point. The problem is that little evidence is available in this country. In particular, my hon. Friend the Member for Clwyd South (Susan Elan Jones) has asked the Wales Office for a detailed analysis and to collate the data, so that we can have an evidence-based argument and put forward stronger cases.
Iain Stewart
That is one of the things that the Transport Committee is digging into, to ensure that we make a decision based on fact.
To those who oppose high-speed rail, I have seen evidence of threatening letters to some proponents of high-speed rail and some exaggerated claims. My plea to everyone is to stop it. This is the most significant strategic, long-term transport decision we will take for a generation, and it has got to be right. The project will outlive several Governments, of goodness knows what colour and composition, so the decision has got to be right and we must have agreement on it.
Secondly, I would like some reassurance from the Minister about the scope of the Department for Transport inquiry and that that inquiry is not a simple choice between the current High Speed 2 proposals and doing nothing, but that a range of other options can be considered. The Transport Committee has just returned from a visit to France and Germany to look at their high-speed networks. One conclusion that I came to is that what matters is not just building a line, but how it is connected into the existing rail network, the connectivity to the termini on the line, and how it fits in with the wider transport strategy involving freight and aviation. That is what makes high-speed rail a success or failure. We must look at it in the round.
The hon. Member for Clwyd South has mentioned Lille. Yes, it has been successful, but we found that that has often been at the expense of neighbouring towns. The French have recognised belatedly that better connectivity is needed to Lille, and that that is what drives the benefits.
Time precludes me from going into many of the other issues that I wanted to raise, but one is the operating speed of the route. High Speed 2 has been designed for an operating speed of 250 mph, but all the evidence from Europe, China and elsewhere is that although the trains can technically run at that speed, for all sorts of practical reasons they are limited to about 200 mph. That opens up the possibility of other route options. We can build High Speed 2, but not necessarily along the proposed route. The latest generation of Shinkansen bullet trains, which tilt, opens up the possibility of building lines alongside an existing transport corridor, such as the M1 or M40, which would mitigate much of the concern about environmental intrusion. That is what the Germans have done.
Mr Denis MacShane (Rotherham) (Lab)
Is the hon. Gentleman aware that the M1 stops just north of Leeds?
Iain Stewart
It does indeed, and the current proposal is to go only as far as Leeds. There may be a further development alongside the A1 in future, but I will not argue for that.
The hon. Member for Clwyd South has mentioned the Frankfurt to Cologne line, which was built largely alongside the autobahn, and there has been no concern in Germany about the noise and visual intrusion of that line, which has been welcomed. My request to the Minister is that we examine all the options, because it is vital to get the details right. If we do, we will have a transport system that we can be proud of; if we get it wrong, we may have an expensive white elephant.
John McDonnell (Hayes and Harlington) (Lab)
I want to make a brief point with a constituency interest. I have supported the principle of high-speed rail for several years as part of the campaign to avoid the need for a third runway at Heathrow, so I was extremely pleased when the Government ruled out that runway and came out in favour of high-speed rail. However, the way in which the consultation is taking place is undermining support for high-speed rail in my constituency, because it is focusing on high-speed rail throughout the London borough of Hillingdon without commencing the consultation about links with Heathrow, which will take place after the consultation on the main High Speed 2 link. We have been told that we will have information on that at the end of the year, or perhaps in 2012 or later.
The Minister knows that I have raised the matter before, and my view is that if there is to be consultation on the various routes, it should be comprehensive and include the whole route. I agree with the hon. Member for Milton Keynes South (Iain Stewart), who has said that there are other options that need to be thoroughly investigated, but to consult on High Speed 2 without consulting on the Heathrow link at the same time undermines the consultation process.
My constituents have successfully fought off the blight of the third runway, despite BAA buying up half of Sipson village and not selling off the houses, but they are now affected by the blight from high-speed rail, because we do not know the exact route into the airport. If we could at least have had the full consultation at the same time, my constituents would have more certainty about their future and would be able to reach a view. Staggering the consultation is breeding suspicion—unnecessarily, I hope—that their homes will again be affected.
The Government have gone about the matter in completely the wrong way, and I urge the Minister to ensure that information on the Heathrow link is published no later than the autumn, and that the consultation starts no later than the autumn. We would then have an accurate view of what Hillingdon residents think about the concept of high-speed rail.
Martin Vickers (Cleethorpes) (Con)
It is a pleasure to serve under your chairmanship, Mr Gray. I congratulate the hon. Member for Clwyd South (Susan Elan Jones) on securing this debate. I am an enthusiastic supporter of railways in general and of high-speed rail in particular. As my hon. Friend the Member for Milton Keynes South (Iain Stewart) has said, time does not permit development of too many of the economic and environmental arguments, but they are generally proven.
My constituency has much to thank the railways for. When the Manchester, Sheffield and Lincolnshire railway eventually arrived at the coast, it effectively created the resort of Cleethorpes, and the neighbouring port of Immingham. The MSL railway was known as mucky, slow and late, but I am not sure whether that description was affectionate. The key route from Cleethorpes to Manchester is still the main rail route into the resort, but I have a few caveats on which the Minister could perhaps provide some reassurance.
Mr MacShane
I am often on that train, although I do not go as far as Cleethorpes, but I know the line well. Is the hon. Gentleman aware that in a fine campaign by the Yorkshire Post, which should be sent to all hon. Members, the whole of Yorkshire articulated that it wants high-speed rail to happen? I hate to play the north against the south, but there is a real feeling that this is a golden opportunity for the north of England, particularly Yorkshire. I hope that opposition to the scheme, even if the scheme has to be modified—the hon. Member for Milton Keynes South (Iain Stewart) has made some perfectly good points—does not derail this important initiative.
Martin Vickers
I accept the right hon. Gentleman’s point. Anything that can advance economic regeneration of the Yorkshire and Humber region is obviously welcome, and anything that we can do to get visitors from his area to Cleethorpes, is also welcome.
Cleethorpes and the area more generally is desperate for a direct route to London, and one worry is that HS2 will suck up all investment resources. The minor infrastructure changes that would improve capacity on the east coast main line, and therefore provide capacity for a direct service to the Cleethorpes area, may be lost. Perhaps the Minister will reassure me on that.
The other brief point that I want to make in my allotted two and a half minutes concerns the supply chain. I am encouraged by what the Secretary of State said after the Bombardier announcement about how we must ensure that the supply chain involves British manufacturers, if possible. Many of my constituents who work at the steel works in the neighbouring constituency of Scunthorpe are under threat of redundancy. Tata Steel in Scunthorpe has benefited greatly in recent years from the worldwide renaissance of railways, and I would like some reassurance. Perhaps the Minister can build on what the Secretary of State said about ensuring that the benefits of production are retained in this country.
Albert Owen (Ynys Môn) (Lab)
It is a pleasure to serve under your chairmanship, Mr Gray. I congratulate my hon. Friend the Member for Clwyd South (Susan Elan Jones) on initiating this debate, and on her contribution, which set the right tone. I agree with the hon. Member for Milton Keynes South (Iain Stewart), who said that we need an evidence-based debate. We also need a debate that is led by hon. Members from throughout the United Kingdom, and this debate has provided that opportunity. It is hugely important to include peripheral areas such as the Isle of Anglesey, which I represent.
I will heed your advice, Mr Gray, and limit my contribution. I will not go into the full details of the history of the Irish mail from Euston to Kingstown via Holyhead, which started, as you will know, in 1848, when it took some 10 hours to get the mail from the centre of London to the centre of Holyhead, and then on fast ferries to the Republic of Ireland, which took two days.
Over the past 10 years, we have seen a huge reduction in the journey time between my constituency and London. When I was first elected some 10 years ago, it took more than five hours to get from Holyhead to Euston. It now takes three hours and 40 minutes, which is the result of investment in the west coast main line. We have more frequent—indeed hourly—trains to Chester, and although that is the wrong side of Offa’s Dyke, it provides a connection to north Wales, linking it with the major cities of Manchester and Birmingham via Crewe, and getting people and trade—which is vital—from the south-east to periphery areas. That is a sort of evidence base. I do not have the data, but when I make that journey of three hours and 40 minutes, I often speak with business people—many of them travel in first class and I travel in standard class, but we have the opportunity to speak. Organisations such as the CBI and others mention the benefits that investment in the west coast main line has brought to periphery areas such as north-west Wales. It is important to use that evidence and collate more data for the future to make a stronger case for high-speed rail, which I greatly support in principle.
I want to raise two issues with the Minister. I had the opportunity to speak to her about these matters a couple of weeks ago, but I would like her to respond on the record. In her opening remarks, my hon. Friend the Member for Clwyd South pointed to the position of the Secretary of State for Wales. I do not want to personalise the issue, but we need a strong voice at the Cabinet table to represent Wales and to set out the benefits that a high-speed network throughout the United Kingdom would bring to Wales. I hope that the Minister will ask her colleagues in government whether an analysis has been made of those benefits by the Wales Office, because that is its role. We are talking about strategic rail travel in the United Kingdom, and it is important that the people of Wales have a voice at the Cabinet table.
Steve Baker (Wycombe) (Con)
Perhaps I have not followed the hon. Gentleman’s argument, but it is not clear why the proposed Y-shape route will benefit Wales. Will he recap his point?
Albert Owen
I am sorry that the hon. Gentleman was not listening; I was providing evidence that investment in the west coast main line has benefited the peripheries. Joining up periphery areas with main lines and having faster trains will get people and trade to those areas. I thought that the Government were in favour of that; I have supported them in that and in the idea of spreading wealth and prosperity throughout the United Kingdom. The idea is not new—it happened in Victorian times, which is why I gave the example of the Irish mail. The Victorians recognised the importance of Dublin. This Government have bailed out the Irish Government because they understand the importance of trade links with Ireland. It is important to have full integration between all parts of the United Kingdom and our near neighbours.
Andrea Leadsom (South Northamptonshire) (Con)
Does the hon. Gentleman agree, as he seems to suggest, that there is not enough evidence to prove the benefits of regeneration outside the areas at the two ends of the proposed initial line, and that far more work needs to be done to provide evidence of those benefits? If the issue is about curing the north-south divide, the case is simply not proven.
Albert Owen
The hon. Lady is coming at the matter from the wrong angle. I am saying that the huge investment over the past 10 years has brought benefits to periphery areas but that the data have not been put into one package to make the case.
Albert Owen
I am not going to give way again, because of the time restraint. We need to look thoroughly at the benefits to the whole United Kingdom, but there is no doubt that connecting periphery areas with main line stations works. We have seen that in Europe and in other areas.
Albert Owen
I am not going to give way again. I appreciate that the hon. Lady has her opinion, but I am trying to make my views heard. I hope that she and the hon. Member for Wycombe (Steve Baker) have understood my argument. I will move on, but I believe that the Minister should press the Secretary of State for Wales and the Wales Office to make a proper analysis of the benefits of high-speed rail for Wales.
My second point is more negative, because we should also look at the disadvantages of the scheme. Will the Minister look at the issue in the context of Euston station, where the redevelopment for the high-speed rail link would take place? I know that the Transport Committee heard evidence about that yesterday, but the case for high-speed rail would be slightly undermined if there were to be a long period of redevelopment at Euston. As was said yesterday, it would take up to eight years to redevelop that station, and services to the north-west and north Wales would be cut during that period. I know that the Minister will look at all the options, but perhaps she could look at undergrounding or some other way to alleviate the problem with main line stations such as Euston in the future. I know that the Minister is keen for the project to proceed; she has listened and is in tune with what hon. Members are saying throughout the United Kingdom. I ask her, however, to look at the issue of Euston and put pressure on her colleague, the Secretary of State for Wales, to make the case for Wales.
Stuart Andrew (Pudsey) (Con)
It is a pleasure to serve under your chairmanship, Mr Gray. I will try to be brief because I have taken part in debates about this issue in the past.
I congratulate the hon. Member for Clwyd South (Susan Elan Jones) on securing this debate. I like the fact that the debate’s title as set out on the Order Paper is positive, and I will resist joining in the accusations against the Secretary of State for Wales—I will wait for her performance this afternoon before the Welsh Affairs Committee.
I want to keep the debate positive because it is important that those of us in favour of High Speed 2 galvanise a campaign in support of it. I have seen the comments of business leaders in the Yorkshire Post in support of the scheme, but that is not enough and we need to bang the drum much louder. A high-speed rail link will not solve the north-south divide, but it will go a long way to remedy some of the problems. It will help us to rebalance the economy so that growth is moved across the country and is not only in the south-east of England. As has been mentioned, we must start dealing with problems of capacity. The west coast main line is already creaking; passenger numbers have doubled over the past six years, with 28 million passengers a year on that line alone. From a personal point of view, it is predicted that 40% more passengers will travel through Leeds station. We must start planning now, and it is time to start looking at high-speed rail. I believe that faster journey times will increase the prospect of investment in other parts of the country.
Andrea Leadsom
My hon. Friend and I have had many discussions about this issue. The most recent Government papers suggest that up to 73% of the line’s usage will be for leisure travel. How will that contribute to curing the north-south divide?
Stuart Andrew
I think that the Government are being conservative in their estimates of passenger numbers and who will use the high-speed network. I was about to say that even with our current creaking transport network, Leeds enjoys the second largest financial sector in the country. If we have a high-speed route to Leeds, the prospect of increasing and expanding that financial sector could become a reality.
Figures suggest that current proposals for a line between London and Birmingham will generate 40,000 jobs. When we move to the Y-shape, there will be greater prosperity and more jobs. Globalisation means that we need to start meeting the demands of a much smaller world so that those of us on the periphery, as the hon. Member for Ynys Môn (Albert Owen) said, can also enjoy the benefits of that.
Let me refer to some of the criticisms of the scheme. Too often we hear people referring only to the line to Birmingham. The whole point about HS2 is that it will go beyond that. The Y-shaped route was the best decision made by the Government. If they had chosen only the line that went to Manchester and then Leeds, I, too, would be a critic, but the fact is that the Y-shape will bring benefits to the whole country, as was confirmed by the Prime Minister on 22 June. I have heard critics say that the line will never get that far north, but the Prime Minister has been clear on the issue.
David Mowat
My hon. Friend makes an important point about the consultation being for only the leg between London and Birmingham, which is the hardest part to achieve and the part with the weakest business case. The business case for the entire project is much better, because the line becomes easier to build as we go north. Does he agree that even though the business case for the initial part is stronger than those for Crossrail and Thameslink, it is a problem that there is consideration of only that first part?
Stuart Andrew
I completely agree. That is why I say that we must consider the project in its entirety and think about going beyond what is currently proposed and on to Scotland. We must think of the very long term, not just the short term. On the one hand, people say, “Oh, this is too many years in advance. It’s not worth doing,” but there is no excuse for doing nothing and we have to plan now to deal with the problem. On the other hand, however, people say, “We shouldn’t be spending this amount of money when times are hard,” but construction will not happen until 2017 and it will take place over two decades. I believe that the cost will be about £2 billion a year, which is similar to the cost for Crossrail, and if that was good enough for London, it is good enough for the rest of the country.
Yesterday, I sat for a short while at the back of the room in which the sitting of the Transport Committee was taking place and I heard the arguments against HS2. They seemed to centre on the claim that existing infrastructure would miss out. In fairness to the Department for Transport, it has invested lots of extra money for projects. When the people appearing before the Committee were asked what they wanted instead, they said, “Roads.” Well, we have seen what has happened before in that respect. They said that the M25 junctions could be improved, which would be very helpful to those of us in the north—thanks very much.
HS2 is not a panacea, but it will dovetail into the northern hub so that we can get people to the north and around the north, and so that business can thrive. That is something that we cannot wait for and Britain needs to catch up.
Dr Julian Huppert (Cambridge) (LD)
It is a pleasure to be able to speak in this high-speed debate, Mr Gray. I congratulate the hon. Member for Clwyd South (Susan Elan Jones) on securing it and on her excellent speech.
My party has long supported high-speed rail as an essential part of the development of Britain’s public transport infrastructure. Such investment is vital to create a society in which people are free to pursue their ambitions. Economic growth has been too concentrated in London and the south-east. If the rate of growth in that area had been replicated in other areas in the past decade, the UK would have been £38 billion better off. High-speed rail is a vital investment to ensure that we manage to rebalance the economy along more equal regional lines.
One of the other arguments for high-speed rail is that it represents the type of sustainable, environmentally conscious economic growth that we need. High-speed rail is not in itself a low-carbon form of transport, as should be obvious, because machines that run at very high speeds need more power than machines that run at low speeds. However, the modal shift to which many hon. Members have referred makes it much more environmentally sustainable. In fact, that makes it vital for the long-term sustainability of our country’s infrastructure. We have heard about the likely effects for Scotland of a move from air to rail. We have also heard that long-distance services on the high-speed line would free up capacity on other major rail routes. In addition, it is important to remember that the carbon benefits of rail over aviation are likely to improve, and to continue improving, as we develop new ways of decarbonising the electricity supply.
Andrea Leadsom
I have to take issue with what the hon. Gentleman is saying, because the Government’s own figures suggest that the shift from air to rail is likely to be only about 7% and a number of airlines have said that that would give them the capacity to put on more long-haul flights, so it is not at all clear that there is any modal shift from air to rail. In addition, traffic flow on the M1 is expected to reduce by only 2%. Not even the Government are trying to advance the green argument.
Dr Huppert
I agree, in that I wish that the Government would advance environmental arguments more often. I do not have all the figures available, but we have heard the figures on links with Scotland. With a full Y-shaped network, about half the 7 million passenger trips that are currently made would be captured by High Speed 2 and I think that we would continue to make greater progress on that.
The nature of the route is not the only thing that matters. When we talk to people about the state of our public transport, a number of themes crop up. People find it hard to get the right information, to get the right connection at the right time and to buy the ticket that best suits their needs. I want the Government to make doubly sure that this new venture is not what some have said that it will be—a costly train for the well-off. The Liberal Democrats have long called for rail fares to be reviewed and, if possible, cut or refunded in the case of delays or bus replacement services. We must ensure that the same principles apply to High Speed 2. It is essential that, alongside the planning of the route, the Government adopt an approach that is designed to ensure a gradual improvement in terms and conditions for passengers on both bus and rail.
I want to see more commitment from the Government on what will happen in the longer term with regard to Scotland. I want to know whether they have a vision to ensure that the Y-shaped route will eventually run all the way to Glasgow and Edinburgh. We have the prospect of an exciting scheme that will be very good for the economy and for the environment. I look forward to working closely with the Department for Transport, the Minister and other stakeholders as we try to ensure that the project provides value for money, environmental and economic benefits and a public transport infrastructure that works and is in the best interests of passengers.
Eric Ollerenshaw (Lancaster and Fleetwood) (Con)
For the benefit of hon. Members, I will try not to repeat points that have already been made. I will also try to obey the strictures of my hon. Friend the Member for Milton Keynes South (Iain Stewart) about the north-south divide, although I do want to say something about that.
Like others, I will avoid references to long history, although I shall mention the original high-speed line—the west coast main line in the 19th century. It went from Euston station in London to the Euston hotel in Fleetwood. We also had at one time a ferry to Scotland and to Northern Ireland, so the Scots and the Northern Irish had the benefits of coming to Fleetwood. Unfortunately, we have no ferry now. We still have a railway line in Fleetwood, but we have no trains on it. Nevertheless, we are supporters of High Speed 2, and that is despite the fact that most of my constituency is 50 miles away from Greater Manchester. For the benefit of those who are not north-west MPs, I should point out that the north-west is not just Greater Manchester and Merseyside.
For us, the issue is the capacity that the project will release on the west coast main line. According to the figures that I have seen, the only increase in capacity that we are going to get in the next 10 years is one of 12%. However, the passenger load has already hit that figure, as anyone who travels on the line will know. We need capacity to be released.
There is a solution to all our problems and the debate about where the line should go in the south: we should start the other way round by building now from Glasgow to Edinburgh, and then slowly build downwards while there is a discussion in the south about where the line should end up. However, I am not sure whether civil servants could cope with that thinking.
Let us consider the figures and the real issue about the north-south divide with reference to my own county of Lancashire. If we look at gross value added in terms of what we contribute to the national economy, we see that it has been going down for the past 10 years. In 1995, the gross value added figure for Lancashire was about 88.7% of the average. By 2008, we had gone down by 10 points—that is the real issue. When the average transport spend per head in London is £802 yet it is £333 in the north-west, people rightly ask questions. For me, the key is capacity and maintaining what the coalition Government promised, which was to try to rebalance the growth in the regions, which were clearly failed by the previous Government in the past 10 years.
I want to finish by putting a technicality to the Minister. I understand that the hybrid Bill—I am not an expert on such measures—will deal with only the route from London to Birmingham. We desperately need to maintain support for the project. Somewhere in the Bill, there needs to be a mention that that is a first step that will lead to a second step to Manchester and Leeds and then, we hope, a third step to Glasgow and Edinburgh.
Graham Evans (Weaver Vale) (Con)
I congratulate the hon. Member for Clwyd South (Susan Elan Jones) on securing the debate. I have not hidden my full backing for the proposed high-speed rail link, and I certainly cannot be accused of hiding my disdain for some of the bogus arguments made by its opponents, who have now given up even pretending that they are not nimbys. Take the hon. Member for Coventry North West (Mr Robinson), for example, who just this week said:
“There’s nothing wrong with being a Nimby, openly and absolutely.”
However, I do not intend to waste any more time on them.
The last time that we had a debate on this issue in Westminster Hall, I focused on busting the myths of the opponents. In this debate, I shall explain how my constituents and the constituents of the hon. Member for Coventry North West—indeed, all our constituents—will massively benefit from a high-speed rail link between London, Birmingham, Leeds and Manchester. When I say “our constituents”, I really mean our constituents’ children and grandchildren, because this is a long-term decision, not an election gimmick or a vanity project. Most of us in the Chamber will not be around to take the credit when the first high-speed trains arrive in Manchester. This is about taking the right decision now to ensure that our economy can compete in the decades ahead so that the next generation, which has already been saddled with huge levels of debt thanks to the previous Government, is not also stuck with a jammed-up rail network, which would have crippling effects on our international competitiveness. After all, we would not want to run a 21st-century economy on A and B roads when we could build motorways.
All our major global competitors already have high-speed rail lines or are investing in them right now. If we do not go ahead with High Speed 2, we will be left behind. Network Rail estimates that London-Manchester passenger demand will grow by 61% by 2024. It is clear that “upgrading is not enough” and that
“incremental improvements in the existing network are unlikely to be able to keep up with rapidly growing passenger demand”.
That should be a warning to opponents.
David Mowat
I want to touch on one quick point that my hon. Friend and others have made in error. They suggest that this is all about Manchester to London, Leeds to London or Edinburgh to London, but it is not—it is about getting to Europe as well. The links to High Speed 1 are fundamental to our communities, and we must not let the debate become polarised so that it focuses only on London.
Graham Evans
I am most grateful for my hon. Friend’s intervention and I take his point.
Network Rail is clear about what the solution should be. It says that High Speed 2 “solves the capacity challenge” and that the proposed line would
“deliver a very large increase in capacity, including freeing up capacity on the existing network for freight, more frequent services for cities not served by the high-speed line and increased commuter services.”
That means that the constituents of the most earnest opponents of High Speed 2 will benefit directly from the plans. The point about freight is also crucial. If we are to rebalance our economy, with more northern-based manufacturing—figures show the Government are already making strong progress on that—that will involve demands for additional freight capacity.
High Speed 2 therefore directly benefits a wide range of people, from commuters in Cheshire to manufacturers in Coventry. A lot of flim-flam will be spoken about the business case for high-speed rail by its opponents, but the business case is strong. The estimated benefit to the economy is more than £40 billion pounds.
Graham Evans
No, I need to finish.
More than 40,000 new jobs will be created, with an additional 30,000 jobs created at the ends of the line and around the new stations. The taxpayer will enjoy benefits worth more than double what the project will cost. However, hon. Members should not just take it from me or the Government that the business case is strong. Hundreds of leading businesses across the country back the plans, and Network Rail, having carefully examined all the different options, said that it
“found the business case for a new high speed network was robust.”
Graham Evans
No, I need to finish.
Hon. Members will forgive me if put more stock in the words of Network Rail and Britain’s business leaders than in those of, say, the South Northants Action Group Against HS2. High Speed 2 will help to deliver economic growth.
Graham Evans
No; I am sorry, but I need to finish. My hon. Friend should have come earlier.
High Speed 2 will deliver low-carbon economic growth, dramatically reducing the demand for domestic flights and shifting 6 million journeys from aviation to rail. Finally, let me try to humanise the benefits. In the previous debate, I talked about how High Speed 2 will give businesses and families—
Andrew Gwynne (Denton and Reddish) (Lab)
It is a pleasure to serve under your chairmanship, Mr Gray. I congratulate my hon. Friend the Member for Clwyd South (Susan Elan Jones) on securing the debate and on putting her case. She added a distinctively Welsh dimension to the debate on high-speed rail. As someone who studied at college in north-east Wales, and who travelled weekly from the Shotton and Wrexham stations to Manchester for a good three years, I fully understand the issues she raised about connectivity, particularly with north-west England.
Across the world, our major competitors are investing in high-speed rail, and it is important that Britain is not left behind in the race for faster connectivity. As my hon. Friend said, the prospect of bringing our major cities closer together brings with it the potential to boost investment and economic growth in the regions of England—and particularly in the north of England—Scotland and Wales.
During its period in government, the Labour party began the process of moving Britain into the high-speed age. Through electrification, more advanced trains and investment in new technology, we cut journey times on our major inter-city routes. Where there was a need for a new line, we delivered it, constructing the first major new railway for more than 100 years, between London and the channel tunnel.
Before we left office, we began to plan the next stages of the process of moving our rail network into its high-speed future. We prepared for the next phase of electrification and the procurement of the new generation of more advanced inter-city trains. We began to work with Network Rail to identify the next priorities for investment to increase capacity and reduce journey times, such as the northern hub proposal.
We therefore welcome the Government’s decision to take forward much of the electrification that we planned, although we are disappointed at the decision not to stick to our commitment to electrify the final part of the great western main line between Cardiff and Swansea. A commitment should also have been made to ensuring that the midland main line is the next important priority for electrification. We also welcome the decision to proceed with the inter-city express programme following the further review carried out by the Secretary of State, although we still have to hear an adequate explanation of why the number of new trains has been scaled back so considerably.
Of course, Labour Members also welcome the Government’s decision to continue to plan for the new high-speed line that is proposed to address the capacity issues on the west coast main line, which will get worse in later years, as we have heard from the hon. Members for Northampton South (Mr Binley), for Lancaster and Fleetwood (Eric Ollerenshaw), for Pudsey (Stuart Andrew) and for Weaver Vale (Graham Evans). Within the next 20 years, the average long-distance west coast main line train is projected to be 80% full and routinely to have very severe overcrowding for much of the time. The new line will also bring reductions in journey times.
We welcome the Government’s decision to drop their pre-election insistence that passengers should have to go via Manchester to get to Leeds, which the hon. Member for Pudsey mentioned. We also welcome the alterations that have been made to the route to do more to mitigate the scheme’s impact on local communities and the environment, although there is still concern about the impact of the new line, and that needs to be addressed.
Thanks to the decision to take only the powers needed for the route from London to Birmingham, there is considerable scepticism about the Government’s commitment to take a new line further north. Labour’s plan was always to have one hybrid Bill for the entire new Y-shaped line. Of course, that would have meant that the Bill was delayed—perhaps by a year—but it would have saved considerable parliamentary time across the project. I therefore urge the Minister, as I did in a previous contribution, to think again about that.
The Minister cannot be surprised at the scepticism that exists, when even her own MPs are giving the game away about the true reason for the Government’s conversion to high speed. Only yesterday, writing on ConservativeHome, the hon. Member for Cities of London and Westminster (Mr Field), who was here for the debate earlier, said:
“Indeed, the genesis of the project was a response to relentless business criticism of the Party’s decision to oppose a third runway at Heathrow. HS2 allowed the Conservatives in Opposition to cloak itself in a visionary, environmentally friendly, long-term transport policy.”
That suggests that, for the Government, the policy is not necessarily about narrowing the north-south divide, but a fig leaf for their lack of an aviation policy and, I might even add, a growth policy.
In contrast, the Labour party’s support for increasing speed and capacity is something we delivered on in government and is rooted in our genuine commitment to the rail network. It is vital that we think it terms of a single high-speed rail network across Britain, and that we achieve reduced journey times and increased capacity through a programme of electrification, new advanced trains and new lines, where that is the best way to address capacity issues.
In the policy review we are carrying out, we are looking at what the future strategy should be for rail in Britain as a whole. It makes no sense to look at proposed new lines in isolation or to preclude them from our review. A number of issues are being raised with us as part of our review, and the same is no doubt true of the Government’s consultation. I would therefore welcome the Minister’s response to a number of those issues.
First, there is considerable concern that any new lines should be fully integrated into the existing rail network. We must ensure that we can maximise the benefits of the proposed new lines, with rail all over the country and with major London projects such as Crossrail and Thameslink.
There is a view that the precise alignment of the route the Government have chosen is driven very much by the very high top speeds proposed for the new line. That speed is considerably above that on high-speed lines in use across the world, and some countries—notably China—are even slowing down their high-speed trains to address cost, energy use, safety and environmental concerns. Some believe that the need for the route to go through a sensitive part of the Chilterns is entirely down to the speed calculations that have been made. It would be helpful if we had some clarity on that.
Andrea Leadsom
Do the Opposition intend to respond to the consultation by 29 July?
Andrew Gwynne
The Opposition will take full part in all these debates, I assure the hon. Lady of that.
There is widespread incredulity at the fact that the cost of actually using the new lines does not feature at all in the current consultation, when, surely, that is a critical factor. If the whole point is that passengers will make the switch from the existing lines to reduce overcrowding on them, how can any assessment have been made of the likelihood of that happening without any knowledge of the likely difference in ticket price between the two lines? We know that it costs more to travel on High Speed 1 than on other services along that route, and there is no reason to believe that the proposed new line will be any different. Speaking of HS1, the Secretary of State for Transport announced in an interview in the Financial Times a few days ago that, just as with HS1, he proposes to sell the new line even before it has been built—something I would have hoped he might announce to Parliament.
A further issue that comes up frequently in our policy review is the decision not to join up the new line to Heathrow from the start, as my hon. Friend the Member for Hayes and Harlington (John McDonnell) suggested. That is of course our only major hub airport. In opposition the Minister said that
“failing to take HSR through Heathrow would be a big mistake”.
Instead, what is proposed is an expensive further spur to be built at a later date.
Not surprisingly, the cost of the scheme continues to cause concern. It has previously been acknowledged that the construction costs for major projects in the UK are significantly higher than for comparable projects elsewhere in Europe. It is vital that the Government work with Infrastructure UK to find ways to ensure that the cost to the taxpayer of the scheme is kept under control.
Finally, I repeat the concern already raised that the proposed hybrid Bill includes only part of the new line. Surely one hybrid Bill on high speed is enough.
Rail is thriving in Britain. More people are travelling than at any time since the 1920s. There are 1.3 billion journeys by train every year, and predictions of a doubling of that figure in 30 years. Increased capacity and continuing reductions in journey times are essential to the continuation of such success. That is why we made great strides towards high-speed rail in government, and why the debate about how any new lines that are needed are delivered is so important.
The Minister of State, Department for Transport (Mrs Theresa Villiers)
It is a pleasure to serve under your chairmanship, Mr Gray. I congratulate the hon. Member for Clwyd South (Susan Elan Jones)on securing a debate on this important issue, and I welcome the widespread support for the Government’s plans, expressed from both sides of the House by a clear majority of the hon. Members present. I hope that all colleagues who attended, including those who did not choose to stay to the end, will encourage all their constituents to take part in the consultation, which closes on 29 July, and make their support for the Government’s proposals clear.
In answer to the questions, there is no delay; the timetable that we are taking forward is the same as the one proposed by the previous Government. On the allegation of the shadow Minister, the hon. Member for Denton and Reddish (Andrew Gwynne), repeated yet again, that we are not serious about going to the north of England, we supported a link to the north of England before Labour did. We supported a national network while Labour’s 30-year strategy for the railways ruled out high-speed rail at all. They are the people who are late to the party on high-speed rail, so the hon. Gentleman is in no position to criticise us. Nor is he in any position to criticise our approach to international connections. Labour had no connection to Heathrow in its plans, and nor did it put forward proposals to connect HS2 to HS1. Both those facts show that Labour was not serious about international connections. In response to questions on this point, and the points made by my hon. Friend the Member for Lancaster and Fleetwood (Eric Ollerenshaw), I repeat my support for taking high-speed rail to the north of England.
Questions were asked about a hybrid Bill and yes, the first hybrid Bill will cover the first phase, but we hope to go on in due course to an informal consultation next year on phase 2 to the north of England, with a hybrid Bill in due course in the next Parliament. I emphasise that the Government entirely recognise the concerns of communities about the preferred route and the potential impact on their local environment. We are listening to all those concerns. We have already made changes to about half the route that we inherited from our predecessors. As has already been mentioned, while our preferred route passes through the sensitive Chilterns area, all but 1.2 miles of it is in either a tunnel or a cutting, or alongside a main transport corridor—the A413 being a particular example. I am convinced that the result of the extensive process of consultation on the hybrid Bill will not be nearly as negative for communities as they fear. I am confident that with careful mitigation we can address the most serious local impacts, as happened so successfully with HS1. Intense controversy surrounded that first stretch of high-speed rail for the UK. Because of the hard work that went into getting the right route and the right mitigation, HS1 has not had the disruptive impact that communities feared it would. We can do the same with the route for HS2.
On what my hon. Friend the Member for Gillingham and Rainham (Rehman Chishti) said about HS1 somehow pushing up fares on the conventional service, the fares decisions taken by the previous Government were related to capacity enhancements and improvements on the conventional existing line, and not to HS1. The hon. Members for Clwyd South and for Ynys Môn (Albert Owen) made points about Euston, and of course there is more work to be done in relation to Euston—and the rest of the route. That is why HS2 Ltd is working with Camden residents, and why it is entirely legitimate for Members of the House to make representations about the Government’s preferred route.
As to points that were made about the Secretary of State for Wales, we are, as I have said, undertaking an extensive consultation on a preferred route for high-speed rail. No decision has been taken about the right route. All we have is a preferred option. It is entirely appropriate for MPs, including members of the Government, to take part in a debate about what final route should be chosen and make representations on behalf of their constituents.
Mrs Villiers
I am afraid I really do not have time. We have had a good debate.
Mrs Villiers
I am sorry; I have many points to respond to, and only about another seven minutes—[Hon. Members: “Four minutes.”]—four minutes.
There was strong support from my hon. Friends the Members for Weaver Vale (Graham Evans), for Warrington South (David Mowat), and for Pudsey (Stuart Andrew). I also note the support of my hon. Friend the Member for Elmet and Rothwell (Alec Shelbrooke). A fundamental reason for our need for high-speed rail is to deliver the capacity we need to meet the growing demand for inter-city travel. Despite significant capacity upgrades in recent years, with more to come on the west coast, Network Rail predicts that the line will be pretty much full by 2024. That saturation point could come earlier. If we fail to provide the capacity we need, we will significantly hinder economic growth and worsen the north-south divide. No Government can afford to sit back and ignore that. High-speed rail can provide the capacity we need, as well as shrinking journey times between our major population centres, spreading prosperity and creating jobs, without a net increase in carbon emissions. As the hon. Member for Cambridge (Dr Huppert) said, that is just the sort of sustainable growth we need.
High-speed rail will reshape our economic geography and start to tackle and reduce the economic divide between north and south, as my hon. Friends the Members for Lancaster and Fleetwood and for Pudsey pointed out. The full Y-shaped network is expected to generate about £44 billion for the economy. We are convinced that high-speed rail will do a tremendous amount to integrate the economies of Manchester, Sheffield and Leeds, and to spread prosperity well beyond the cities that are directly served by the line, including destinations in north Wales. As the hon. Member for Clwyd South pointed out, examples such as Lille show that those regeneration benefits are felt well beyond the cities that are directly served by the stations. We believe that the country should aspire for the future to a genuinely national network, which we hope, of course, will include Wales and Scotland. However, long before that point, passengers in Scotland are expected to benefit significantly from shorter journey times resulting from the Y-shaped network, with journeys of 3.5 hours from Glasgow and Edinburgh to London providing an attractive alternative to flights, as highlighted by the hon. Member for Rutherglen and Hamilton West (Tom Greatrex).
North Wales is also likely to benefit as a result of the project we are considering today, because of a GDP boost resulting from taking high-speed rail to Birmingham and then on to the north-west, with benefits in inward investment and tourism. We are determined to do as much as we can to respond to the points that have been made today about the importance of ensuring good connections from the conventional network into new HS2 services. That is one way in which we will succeed in spreading the benefits as widely as possible. Such good connections should enable north Wales passengers to benefit from faster journey times. HS2 would also release capacity on the existing network, benefiting north Wales and destinations in the west and east midlands and the north of England, including Northampton—
Mr James Gray (in the Chair)
Order. I apologise for interrupting the Minister. I congratulate hon. Members on the fact that 14 of them have been able to speak in the debate, which is a pretty reasonable number.
Youth Unemployment (Mitcham and Morden)
(12 years, 10 months ago)
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Siobhain McDonagh (Mitcham and Morden) (Lab)
I am delighted to have been given the chance to speak in Westminster Hall, but I am sorry about the circumstances that led to my asking for this debate.
In my constituency of Mitcham and Morden, which the Minister will know well, the number of unemployed jobseeker’s allowance claimants has reached 2,776. From the moment when I was elected in 1997, it looked as though unemployment had slipped off the agenda, because it fell during my first 12 years as a Member. In April 1997, weeks before I was elected, the unemployment rate in Mitcham and Morden was 5.4%. Even in April 2009, at the height of the recession, it was only 3.7%. However, it is now back up to 5.2%.
The effect of unemployment is perhaps greatest on our young people. If they cannot get work early in life and learn the discipline of the workplace, it becomes harder to find work. For older people, gaps in a CV can make life difficult when applying for jobs, but for young people it is much worse. After a decade during which we invested enormously in education, exam grades have risen and young people’s aspirations are high, but their aspirations cannot be met.
Nationally, unemployment among 16 to 24-year-olds has risen to 895,000. In Mitcham and Morden, the unemployment rate for the under-24s has shot up to 11.6% in the past year. Today, only 39 constituencies have a worse ratio of vacancies to JSA claimants than in my constituency. In May, our local jobcentre had only 124 jobs.
The scarcity of jobs has made life more difficult for young people looking for work. They have the disadvantage of lacking experience. We must not allow a return to the 1980s, when a whole generation of young people lost out and many drifted into a life of benefit dependency, which affected not only them but their children. We still feel the social effects of that period of long-term unemployment.
For many communities, the jobs have returned, but on some estates a culture of worklessness has taken hold. A generation on, we are still dealing with the consequences of young people having been unemployed in the 1980s—I say, never again. In the 1980s, youth unemployment continued to rise for four years after the recession was over. I want to stop another generation of young people in Mitcham and Morden having to go through that.
When the coalition Government were elected, their first steps were like a war against young people: they increased student fees; they abolished the education maintenance allowance; and they slashed the future jobs fund. It is true that youth unemployment across the country rose as a direct consequence of the recession, but a year ago it started to fall, and many believed that the future jobs fund was helping unemployed young people to gain opportunities that would help them into work.
Just over a year ago, however, the Prime Minister described the future jobs fund as a “good scheme”, and the Liberal Democrat spokesperson said that
“more help is needed for young people, not less.”
It is baffling that the fund has been scrapped. Last summer, I met a group of young people who had enrolled through the future jobs fund and who were getting good work experience at a local charity, the Commonside community development trust. I wanted to hear about their experience.
There were nine youngsters on the scheme—one dropped out, but the others had a better time. They were given a range of things to do, from helping to run a community centre to dealing with older people in the lunch club and undertaking basic admin duties. I am told that, a year on, four are now in work, and three have gone back into education. I see one of those young people regularly at my advice surgery every Friday—not, I hasten to add, because he needs to see me about problems, but because he has a full-time job on the ground floor of the same council building. His name is Kyle Bryant, and he believes that the future jobs fund helped him to get his current job. It certainly showed that he was willing, and his experience there gave him a better CV.
I take this opportunity to congratulate Kyle and his fellow graduates of Commonside’s future jobs fund programme. They did the right thing by helping out a worthwhile local charity, and getting some good experience, and many are now reaping the rewards. I am sure that other hon. Members have similar tales, but for me, meeting young people like Kyle brought home just how difficult it is for young people who cannot find work to get the necessary experience without extra help. Now that the future jobs fund has been scrapped, the opportunity to gain good experience is even harder to come by.
Internships have been seen as a way to get ahead. However, the Deputy Prime Minister rightly criticised the way in which internships often favour those who already have good connections. Indeed, he has used privileged access, through his family, to secure top-notch work experience. However, that is not an option for many in Mitcham and Morden. We tend not to have many people with connections to top jobs in the public sector, let alone to senior bankers or business people. I therefore wondered what sort of role I might play.
In some respects, Members of Parliament are the hub of their community. We have no real power on our own and we do not have access to public funds, but we know our constituencies and the people and businesses that make them tick. I therefore decided to facilitate a work experience programme in Mitcham and Morden for our unemployed young people. The idea came after chatting with the Stranks of Strank Roofing, a successful local firm that I know through the charities that it supports and through its sponsorship of our local football team, AFC Wimbledon. I hope, Mr Gray, that you will not stop me congratulating the team on getting into the Football League after only nine years.
Siobhain McDonagh
They were not unemployed before, but they are now in the full-time league.
Irene and Paul Strank told me that they wanted to help young people who could not find work, but that they found Government schemes a little too prescriptive and bureaucratic. For instance, the new Government work experience scheme that began in January requires employers to sign service level agreements, complete health and safety questionnaires, and to receive visits from the jobcentre. Those requirements often put off people such as the Stranks.
Anyone who has offered work experience to schoolchildren—many Members do so, including me—will know what a hassle it can be. I perfectly understand why employers are reluctant to participate in Government schemes. However, the Stranks were sure that other firms would feel the same as they did and would want to train young people—if they were any good, there might be a job at the end of it—but without the hassle, the form-filling or the sense of being monitored by the authorities.
I therefore decided to contact every local business and voluntary group in Mitcham and Morden, and a few others just outside our borders, to see whether they would offer work experience for a couple of months to unemployed youngsters from my constituency. Thanks to Anna in my office and some amazing volunteers from my local Labour party, particularly Ross Garrod, who has been trying to build up a new set of skills after leaving university, I have been able to convince nearly 40 organisations to take on at least one young person.
These organisations cover a wide spectrum, and include many organisations that I thought would not have wanted to become involved. Indeed, the Minister will know some of the organisations at first hand; they include the premium hotel Cannizaro House and Cosmopolitan, the women’s magazine—although he probably knows less about the latter. The youngsters have opportunities from retail to tyre fitting, and from schools to legal firms. The Elective Orthopaedic Centre has offered two placements for people thinking about applying to medical school, but who have no medical contacts in their families. That is extremely exciting for the people in my constituency. Shelley Engineering, a local architectural metal work company, is a family firm that employs 20 people. It said that it is desperately looking for the right young person, and if it finds one it will happily award an apprenticeship. In short, there is something for a wide range of abilities and interests.
I also contacted all the companies that infamously auctioned internships to raise funds for the Conservative party. I explained that not everyone in Mitcham and Morden could afford to bid thousands of pounds for the sorts of privileged opportunities that seemed to be available to Conservative sponsors. I said that, as work experience with them was so prestigious, it would be nice if they were to spread the opportunities around. Unfortunately—perhaps it was not a great surprise—those firms would not join in. I imagine that the kind of people who would auction their best openings to raise money for the Tories would want to restrict them to privileged people like themselves. That only served to convince me more of the need to press ahead with creating opportunities for my young constituents.
After I received promises of up to 50 placements, I put together a brochure and sent it to every household in Mitcham and Morden that included someone under the age of 25. I would like to thank Rob Geleit, a Labour party member from Epsom with design skills, for laying out the brochure, the Communication Workers Union for agreeing to print it and Asda for agreeing to post it. I would also like to thank Liz Sherwood, a local Labour party member, who has taken early retirement from Camden council, for agreeing to act as mentor for both the young people and the businesses. A couple of weekends ago, she met more than 23 potential applicants and helped them write letters and e-mails to potential employers. It was a heart-warming experience to see the mums who came in with children who had learning difficulties and the women in their 40s who came for a hand to get a work experience job.
I also thank my local jobcentre for its advice and its willingness to give this project a go. I must confess that a couple of years ago I called a debate here to complain about how unhelpful it was, so I was nervous about how it would respond to me this time. I was concerned that it would insist on a level of bureaucracy that would put off potential providers, or that it would tell our young people that if they went on a placement they would lose their benefits. Nothing could have been further from the truth, and the jobcentre has been amazingly accommodating—perhaps that is because our work experience scheme is so much more flexible than the Government’s. Obviously, even while young people are on their placements, they can still be looking for work and be available to start at a moment’s notice, and no organisation wants to be seen as a bad boss.
The jobcentre has not had the reputation for being the most enterprising organisation. However, any such criticism could not have been further from the truth. Ailsa Evans, in particular, was both helpful and flexible. Each work experience placement can last anything from eight to 12 weeks and cover a range of hours. In essence, I have been a facilitator between organisations and young people, but they come to their own arrangements, and Ms Evans has been happy with that.
The brochures have now been delivered and there have been hundreds of applications. Most organisations have told me that they have had a positive response. Merton chamber of commerce, for instance, has had more than 40 applications. Several placements have already begun, and later this year I plan to host a party for everyone who has taken part—host organisations and young people.
There has been a buzz about the scheme that has taken me by surprise. One potential applicant, Sambavi, applied for one of the medical positions. It is not the sort of opportunity that often arises for people from places such as Mitcham, where he lives. He said:
“Thank you for your Work Experience booklet. I have been spending the past 4 weeks trying to find work experience that is suitable for Medicine...I received your letter and booklet, earlier today, and I am very thankful.”
On the whole, the potential employers have also found the process worthwhile. Jeffrey Ward, the General Manager at Cannizaro House hotel said, “It’s great.” Nilmini Roelens of Roelens Solicitors said:
“We hope to accommodate at least two or three applicants over the summer and to provide the young people concerned with what I hope will be valuable insight into the work at a firm of solicitors. It may be that, from the two or three people we will have met, we can consider at least one for a longer term position at some point in the future.”
We have also had positive e-mails from Merton adult college, St Mark’s family centre, the Vine furniture project and the Ursuline high school.
The reason why I asked for this debate today is that I want to encourage more MPs to take a similar approach, especially in areas such as Mitcham and Morden, where youth unemployment is high and where there are few people who can find opportunities through their daddies or who can afford to enter auctions to support political parties. I recognise that many Members will need help on this, and I hope that the Department for Work and Pensions will be able to offer it.
It is a terrible mistake to have ended the future jobs fund and to have taken away opportunities for people like Kyle in Mitcham and Morden and elsewhere. I am concerned that any new scheme will be so bureaucratic and inflexible that few organisations will want to participate. I understand that Jobcentre Plus will run the scheme. Rather than being hands-off facilitators as I am, jobcentres will hold lists of potential employers and send work experience people to them.
From this summer, it will be mandatory for jobseekers to take placements, so even those who do not want a placement will be placed. I do not think that many people will want to take on an unwilling conscript for work experience. Moreover, as the work experience that is being foisted upon jobseekers could be for as little as just two weeks on the new Government programme, it is hard to see what anyone will get out of it.
In my own experience, such short placements often create more work than they save. An employer spends two weeks showing someone how to do a job, but by the time the jobseeker has learned how to do it, they have left. Then the employer themselves has all their own work to catch up on. Worst of all, though, the new Government programme suffers from exactly the same pitfalls of bureaucracy and inflexibility that the Stranks complained about. Participating employers will have to fill out service level agreements and health and safety questionnaires, and there will be visits from Jobcentre Plus-appointed employer advisers. Firms also have to provide a dedicated mentor or supervisor. As a result, small firms, which make up the majority of employers in my constituency, are unlikely to want to participate, and the quality of work is also likely to be compromised. Those that want to participate will very much be in a minority. We need high quality organisations, big and small, offering a variety of opportunities to young people who want to find an internship, but who cannot afford it or do not have the right connections.
I am not saying that my scheme is perfect. It is not an alternative to investment in jobs or to the economic growth that we need to create jobs. Of course my party believes the coalition’s cuts are too soon and too hard, and that that will endanger jobs and growth. None the less, I hope that my model of flexibility, with MPs or other community leaders acting as a hub for local organisations and local people, will be looked at and learned from. I hope that this debate has been helpful for the Minister.
The Minister of State, Department for Work and Pensions (Chris Grayling)
It is a pleasure to serve under your chairmanship again, Mr Gray. It has been a frequent occurrence in recent times. I congratulate the hon. Member for Mitcham and Morden (Siobhain McDonagh) on securing this debate.
I will divide my remarks into two halves. First, I congratulate the hon. Lady on a project that is very big society, and exactly the kind of thing local MPs should be doing. She is right to describe our ability to open doors in constituencies, to secure involvement in community projects and to go places other individuals and groups perhaps cannot go. She has clearly done that in her constituency and I praise her for it. I will talk a bit more about that in a moment.
Much of the rest of what the hon. Lady said was complete hokum. She is rewriting history and misrepresenting some of the realities of our work. None the less, I praise her for her sincerity in calling this debate and for the work she is doing; it is absolutely right. I am delighted that Jobcentre Plus is working well with her, but that is no accident. It has specific instructions to do just that. In particular, she talks about the issue of two weeks versus eight. Under the previous Government, a jobseeker lost their benefits if they did work experience for more than two weeks. It was a crazy situation.
One of the first things I received on becoming a Minister was an e-mail from the mother of a young woman who said that her daughter had arranged a month’s work experience for herself with a local firm, but the Jobcentre Plus office had told her that if she did it she would lose her benefits. That is clearly a crazy situation, and one that we moved quickly to change. A jobseeker can now do work experience for up to eight weeks while on benefits. If they are moving from that eight weeks into employment or an apprenticeship, that programme can be extended to 12 weeks. Therefore, it is down to the policies of this Government that the hon. Lady can deliver her scheme. Under the previous Government, that would not have been the case. Those young people would have lost their benefits after two weeks.
Siobhain McDonagh
My scheme came about because the future jobs fund had been scrapped. The future jobs fund, for me, was the way forward. I was looking for an alternative and I came up with this idea; it does not replace the future jobs fund.
Chris Grayling
I will come back to that in a moment. The hon. Lady is right to say that it does not replace the future jobs fund; it is part of a package very different from what we had before. My point is that it would have been impossible for her to put together a scheme under the rules that operated under the previous Government. Her scheme is worth while and valuable and I commend her for it.
Let me give some context to the youth unemployment challenge. Youth unemployment today is lower than it was at the general election. The picture of youth unemployment has been building up over a decade. One of the myths is that it is a problem simply linked to recession. If we look at the trends in youth unemployment, we see that it began to rise in 2003 and the problem became more and more significant as the years went by. It was becoming a problem through good times as well as bad.
Siobhain McDonagh
Since the general election, youth unemployment in my constituency has risen, not fallen. The problems are greater now than they were before the general election.
Chris Grayling
The hon. Lady is right to say that; there are now 95 more young people on jobseeker’s allowance in her constituency than at the time of the general election. I accept that point and I accept that she has challenges in her constituency, but I am making a more general point. A number of her colleagues have said—although she has not—that they see youth unemployment as a crisis of the current Government. I am simply making the point that, happily, youth unemployment today is lower—not by a lot, but it is still lower—than at the time of the general election. It is a big challenge for us to bring youth unemployment down, and I regard it as a big problem that we must address, deal with and solve.
Of course, there are different challenges within the overall headline figure of 895,000 young unemployed people that the hon. Lady referred to. Some 300,000 are actually in full-time education, and they show up in the unemployment figures simply because they are looking for a part-time job. The actual figure for young people who are not in education or employment is around 650,000 at the moment. That figure is much too high, but the reality is that within it is a core of young people who represent a real challenge, and I suspect that among them are the young people in the hon. Lady’s constituency whom she described. To me, that core represents one of our biggest employment challenges.
The approach we have taken to tackling youth unemployment has three dimensions. I will walk the hon. Lady through them, step by step. To begin with, however, let me address head-on the issue of the future jobs fund. The future jobs fund was an extremely expensive scheme that provided work placement opportunities in the public and voluntary sectors, not in the private sector. It had virtually no private sector involvement at all. All of the jobs created in this country in the last 12 months—all of the increase in employment—have come in the private sector. The future jobs fund is some three or four times more expensive per job outcome than even the new deal for young people under the previous Government. So, the future jobs fund was an extremely expensive scheme that steered young people towards what I believe is the wrong part of the economy in terms of building experience. We took a view very early on that it was not the right solution for the future. The key step that we have taken to replace the future jobs fund is not work experience; it is a dramatic increase in the number of apprenticeships. That is the first part of our three-legged response to the youth unemployment challenge.
During the past 12 months, we have increased the number of apprenticeships available by the best part of 100,000. We introduced an extra 50,000 apprenticeships in the first year, we announced an additional 25,000 apprenticeships to follow, and we topped that up still further in this spring’s Budget with an extra block of 20,000 apprenticeships that specifically target young unemployed people. We think that increased numbers of apprenticeships are a better option than the future jobs fund. We have looked at the nature of the challenge in the labour market, and we believe that finding young people opportunities in private sector businesses over an extended period—an apprenticeship lasts one, two or three years—and where there is an ongoing training opportunity alongside that apprenticeship, provides a better foundation for a lasting career than a short-term placement of the kind that the future jobs fund offered. Of course, the future jobs fund was also massively more expensive than apprenticeships.
We have taken that decision. I know that Opposition Members do not agree with it, but it is a clear strategy that says, “We think apprenticeships are better than the placements the future jobs fund offered, and they are also much more affordable, given the very straitened financial circumstances we inherited.”
I am very pleased that my colleagues in the Department for Business, Innovation and Skills have been as successful as they have in securing employer participation in the apprenticeship programme, and that they have met their goals for getting employers to provide apprenticeship places, which did not happen under the previous Government. Apprenticeships are a really powerful tool that will make a big difference in the years ahead.
Alongside that approach, we are dealing with what I have described as shorter-term youth unemployment. The reality is that the vast majority of young people who are unemployed move off JSA within nine months; there is a pretty steady off-flow and after nine months there is a much smaller core of young people who are struggling to get into employment. First and foremost, I want to see that shorter-term group move into employment more quickly, because even a few months without employment is too long in my view. So we designed the work experience scheme to provide a bridge for young people who did not have previous experience in the labour market or the workplace, to get them into the workplace and give them an extended period of working opportunity of up to eight weeks. The hon. Lady and I are absolutely of like mind about the need to give people an extended opportunity in the workplace and a chance to demonstrate to employers what they can do, so that hopefully—at least in some cases—those employers can offer them jobs. That has certainly happened in many parts of the country.
The hon. Lady is not right about the nature of the rules for the work experience scheme. The scheme is voluntary. The “bureaucracy” that she described is on one sheet of A4 paper. It simply involves signing a piece of paper that says, “I will treat this person responsibly, in the way that I treat my own employees”. That is important, because we do not want excessive bureaucracy. I have been through those forms personally and I can assure her that that is the case.
There will be contact between a Jobcentre Plus employment team member and the employer because that is what the team member is there to do. We have tasked Jobcentre Plus staff not only with changing the rules about the number of weeks someone can do work experience without losing benefits, but with finding work experience opportunities. That is why I am really pleased that the Jobcentre Plus staff in Mitcham and Morden are working in partnership with the hon. Lady. I expect and want our Jobcentre Plus staff to continue to provide her with every support they can provide, because having an engaged local MP working with local employers to increase the number of work experience opportunities is hugely valuable. I commend her for the work she is doing, and I hope it continues and that the Jobcentre Plus staff will be there to work with her to help ensure that the work experience scheme is happening.
Around the country, Jobcentre Plus staff are looking for opportunities. There are now some 35,000 committed work experience places for young people, and thousands of young people are in work experience placements as we speak. Many have succeeded in going into apprenticeships or full-time employment, and I hope that the number doing so will increase as the months go by. We hope to build the work experience scheme over the next two years, so that we provide 100,000 places to deliver the kind of benefits the hon. Lady has rightly described today.
Then, there is the third leg of our stool. The hon. Lady rightly mentioned the challenges that some young people face. There are many young people who have grown up in difficult circumstances and have been on benefits for a long time, and for whom getting into the workplace is a bigger challenge than for other young people. Perhaps they also lack the right qualifications, motivation and experience, and the knowledge of how to get into the workplace. That is where the work programme comes in. It is designed to deliver much more specialised, personalised and tailored support than has been provided in the past.
Young people who do not have significant issues in their lives will enter the work programme after nine months, which is sooner than under the previous, and much less substantial, new deal programmes. However, young people with particular challenges will enter the work programme after three months and will receive personalised support to help them identify the right opportunities: providers who will secure placements for them, work trials, work experience, training courses and other things that will better equip them to enter the workplace.
Of course, the great benefit of the work programme is that we do not seek to design it from the centre. The hon. Lady talked about bureaucracy earlier, but the whole point about the work programme is that bureaucracy is not there. We are saying to the providers, “You do what you think is best. You develop the right programmes to support these young people and others into the workplace. We’ll pay you when you’re successful.” In each area up and down the country, there are teams of specialists led by prime contractors, including organisations that have real expertise in working with young people, such as the Prince’s Trust.
Siobhain McDonagh
From my experience of my own constituency and of London as a whole, those contracts are so large that many of the small local organisations, such as the Commonside Community Development Trust, have been unable to get involved in the work programme, and yet they have the experience on the ground. What can the Minister do to ensure that those small local organisations get a look-in with that programme?
Chris Grayling
Of course, the whole structure of the work programme is designed to reward excellence. Any organisation that is really good at its job of getting people into work will find a willing entrée with the providers. A whole mix of organisations is involved—from the largest voluntary sector organisations, such as the Prince’s Trust, through to a walled garden project in Yorkshire. We have a whole mix of different organisations providing the support. What matters is what works and that we have solutions that deliver real options for young people, getting those who are unemployed—particularly the long-term unemployed—into the workplace. For me, that is the challenge.
I accept the hon. Lady’s analysis: that we have a problem, in that many young people are stranded and struggling and need to be given a helping hand into the workplace. I hope and believe that the mix of programmes we have put in place—increased numbers of apprenticeships and the work experience scheme, helped by big society projects such as hers, and the intense support provided through the work programme—will start to make a difference, and in a way that I must say is much more affordable to Government than the future jobs fund was. In addition, those programmes will steer young people to where the jobs really are: in the private sector businesses that represent our employment hope for the future.
I believe that that is the right approach. The hon. Lady and I share a commitment to tackling the problem of youth unemployment. We may not agree on all the solutions, but she should know that the Government are committed to solving that problem.
Gypsy and Traveller Planning
(12 years, 10 months ago)
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Priti Patel (Witham) (Con)
It is a pleasure to see you in the Chair, Mr Weir. I am delighted that Mr Speaker has granted this debate, and I am thrilled to see so many colleagues here who clearly have a similar interest in the subject. That demonstrates the extent of the significant problems with the issue across the country.
It has been seven months since the debate on 7 December about Gypsy and Traveller sites. Given the Government’s decision to extend until August the consultation on the proposed new planning circulars on Traveller sites, this is an opportune moment to discuss the matter directly with the Minister—I am grateful for his time.
The issue has taken on additional importance in the county of Essex after the decision to evict the occupants of Dale farm, a large site in Basildon. The decision could have a knock-on effect as those evicted seek places to live in other parts of Essex, and probably across the east of England. This is likely to be the last opportunity to debate the matter in Parliament before the consultation period ends, so I know that the Minister will listen closely to the views expressed and the representations made today.
I have a constituency interest in the subject. During the past 14 months, I have heard about several cases of significant concern about the planning system for Gypsy and Traveller sites. Those cases have involved the Planning Inspectorate overturning the decisions of local authorities and granting permission for unauthorised sites. Although I appreciate that those incidents were caused by the inadequate planning system that was inherited from the previous Labour Government—a system that epitomised their culture of top-down targets, particularly through the infamous planning circulars 01/06 and 04/07—this is an opportunity to get it right. People throughout the country have put their faith in the Government to rebalance the planning system through the localism agenda, and it is imperative that the Government do not let them down, so they must take prompt and significant action.
Rehman Chishti (Gillingham and Rainham) (Con)
I congratulate my hon. Friend on securing the debate. On her point about the top-down culture, the Medway local authority was faced with a regional body saying that we had to take an extortionate quota of Gypsy and Traveller sites, which was completely wrong. I urge the Minister to take on board the fact that it is absolutely right and proper for residents and local authorities to be able to determine need where it arises, rather than having a quota imposed on them.
Priti Patel
I agree absolutely with my hon. Friend. I will mention some local examples before I move to the substantial points to which I would like to draw the Minister’s attention.
The Minister will be aware from a vast amount of correspondence that I have several such sites in my constituency, including Pattiswick. A few weeks ago, the Planning Inspectorate decided to impose a Gypsy site on Pattiswick retrospectively. The site has been an unauthorised development since last autumn, when the occupants arrived—this might sound familiar to colleagues—over a weekend, which is the time when local authorities are least able to respond. The local community in Pattiswick then came together to press Braintree district council to take action. I pay tribute to the local residents of Pattiswick, who worked hard and rallied a lot of resources to start a good campaign. Dozens of letters were sent by members of the community and a petition was started opposing the development. That petition received widespread support, and in the absence of a planning application, Braintree district council began enforcement proceedings against the occupants of the site.
The case went to the High Court. The council had some success in the Court, but the occupants of the site appealed to the Planning Inspectorate against the original enforcement action. A subsequent hearing with the Planning Inspectorate took place in Braintree during the Whitsun recess. I attended it, and I must say that it was quite an eye opener and an education. Although the occupants had shown absolutely no regard for the planning process, the inspectorate gave them planning permission.
Two reasons were given for the decision. First, the inspectorate claimed that permission had to be granted due to a lack of any suitable alternative sites. It then concluded that unless the occupants continued to live on the site, their human rights would be violated. The inspectorate wrote that the
“dismissal of the appeal would have a disproportionate effect upon the rights of the appellants under Article 8 of the European Convention on Human Rights”,
which deals with the right to a private and family life. According to the inspectorate, requiring the appellants to vacate the site
“would represent a significant interference with their home and family life which…outweighs the limited harm caused by the development in terms of its effect upon the public interest.”
However, it is clear to me that any disruption caused to the occupants by requiring them to leave would be no more than the disruption that they caused themselves when they came and occupied the site in the first place. Such a use of the European convention on human rights is clearly misplaced and wrong.
It is wholly unjust to local residents of Pattiswick that although the Planning Inspectorate gave significant weight to what it felt were the human rights of the occupants, it failed—colleagues will not be surprised to hear this—adequately to consider the rights of the local settled community and the disruption that the incident caused them. Although the council did the right thing in supporting the community through an enforcement action, the planning system ultimately failed the community by favouring people who refused to go through the correct planning process to occupy and develop the site, and who then chose deliberately to play the system and cause maximum cost and disruption to the council and community.
Braintree district council contacted me yesterday, because I asked for the figures on how much the incident cost. The council has racked up considerable costs. Including VAT, the fees for counsel for the High Court injunction came to just under £10,000. The cost of getting the injunction was £20,000, and fees relating to obtaining the breach of stop notice were £14,000. We should not forget that that is hard-pressed taxpayers’ money. Not only did the decision run roughshod over local people’s views, but the costs involved will deter local councils from taking action when other unauthorised Gypsy and Traveller sites appear.
Philip Davies (Shipley) (Con)
I agree fully with everything that my hon. Friend has said, but does she agree that one thing that causes lots of problems is the fact that the system—whether it is the local authority’s planning system or the Government’s—never seems to be even-handed? If anybody else were to create an illegal development, it would be taken down in five minutes flat, whereas Gypsies appear to get away with anything they like. Does my hon. Friend agree that the system should treat everybody equally in the face of the law?
Priti Patel
Absolutely. I thank my hon. Friend for his comments. What is lacking is fairness, transparency and a level playing field.
Andrew George (St Ives) (LD)
The hon. Lady makes a strong case for the unacceptability of unauthorised development, whether that is a shop, a factory, a house or anything else, including an encampment of the type that she is discussing. Planning law clearly needs to be enforced. However, if Gypsies or Travellers had the opportunity to live on authorised sites, there would be no need for such developments. Does she not agree that the Government and local authorities must concentrate their minds on ensuring that we increase the number of authorised sites available for Gypsies and Travellers throughout the country?
Priti Patel
I thank the hon. Gentleman for his remarks. The fact that that there are not enough authorised sites is a significant challenge to local authorities.
Sir Paul Beresford (Mole Valley) (Con)
Does not my hon. Friend agree that the point being made about Travellers and Gypsies also applies to settled organisations? In one area of my constituency, it is difficult to find land to build on, let alone to put caravans on. We need a balanced approach.
Priti Patel
I thank my hon. Friend for that contribution. There is no doubt that this is about balance across all our communities. I shall refer to two other cases before I talk about the consultation.
My constituency has had endless cases. In Tolleshunt Knights, a planning application was made for a site for travelling show people in a wholly unsuitable location, but again Maldon district council’s decision was overturned by the Planning Inspectorate on the basis of the requirements in the current planning circulars. The council rightly pursued a localist agenda while the Planning Inspectorate remained wedded to the paradigm of centralist command and control. As the Minister will know from the substantive correspondence I sent to the Secretary of State about the case, it was badly handled by the Planning Inspectorate, which clearly showed no regard for the Government’s planning policies as laid down in the coalition programme for government. There is a problem with the Planning Inspectorate.
The final case is about Lea lane in Braxted, where a planning application for a Gypsy site is pending and is with the Planning Inspectorate. The development is clearly inappropriate for the area, but there are concerns that the Planning Inspectorate, which has form, will grant permission on the basis of the applicant’s arguments about limited site provision and, again, human rights, despite serious question marks over the validity of the application and a series of irregularities that have been pointed out. While it is under consideration, I ask the Minister to do everything in his power to ensure that the Planning Inspectorate fully and comprehensively reviews the representations made by Maldon district council and the local community. It would be shocking and appalling if the Planning Inspectorate continued to progress applications and grant permissions for all the wrong reasons.
Many Members have mentioned a common theme that councils and communities still have their hands tied by previous targets, and it seems that the Planning Inspectorate values the human rights of one group over the rights of the settled community. That has created an unsustainable planning system full of problems, which is a big problem because our communities do not trust the system: they have no faith and confidence in it, so they automatically feel discriminated against; and if they do not have a voice, they do not feel represented. Our communities are left feeling pretty disfranchised and our councils feel powerless to act. There is a challenge for the Government, because they have a strong localism agenda that this problem could undermine.
Those are the reasons why we are here and why the system needs substantial reform. I am strongly in favour of giving local communities greater say and ensuring that their voices are heard. At the last general election, I was pleased to stand on my party’s manifesto, which would have addressed many of those fundamental problems through the pledge to give communities greater control over planning, to limit appeals to the Planning Inspectorate and to return decision-making powers on housing and planning to local councils. “Open Source Planning” highlighted that the Conservatives’ would take action in government to ensure fairness between the settled and the Traveller communities. We need to start to address the problem.
Andrew George
On fairness and even-handedness for the settled community and the unsettled community, which includes those who live in squats and caravans who are “settled” but cannot find adequate accommodation, does the hon. Lady agree that all reports have shown that the life expectancy of Travellers and Gypsies is significantly lower than that of the settled community and that infant mortality and maternal mortality are much higher? In addition, Travellers are hugely disadvantaged in education, with 75% of children regularly in education compared with—
Priti Patel
We have touched on the fundamental problem, which is the real unfairness in the planning system. Ultimately, that has to be resolved.
We can see in the detail of the proposed circular some of the problems that local communities and councils will encounter. It still instructs local authorities to set pitch and plot targets for 15 years and to identify specific plots for the first five years. As now, those targets could be legally challenged in the courts and appealed at the Planning Inspectorate, with people trying to get planning permission or to fight enforcement action by arguing that the targets set are inadequate. It would also force local authorities to consider favourably applications for temporary planning permission if they cannot demonstrate an up-to-date five-year supply of desirable sites. It states that councils should determine applications from Travellers from anywhere, not only those with local connections, and that provision can be given to Gypsy and Traveller developments on green belt land.
Although the emphasis on locally agreed targets is an improvement on the previous Government’s insistence on top-down national and regional targets, I hope that the Minister will look again at the necessity of implementing the draft circular, which will maintain a damaging imbalance in the planning system. That imbalance must be redressed. We need real balance and fairness.
Andrew Percy (Brigg and Goole) (Con)
I congratulate my hon. Friend on her speech. Does not that same policy also require local authorities to take into account historical demand? That could lead to communities such as mine, which have historically had a Traveller population, having an influx of people who have no real local links.
Priti Patel
I absolutely concur.
Returning to the circular, I have talked about the damaging imbalances in the planning system. If Ministers want to continue to have a separate planning circular for Gypsy and Traveller sites, I encourage them to consider including measures to support the rights of settled communities. For example, the circular could contain a presumption against retrospective applications and appeals to the Planning Inspectorate. It could also emphasise the importance of decision makers valuing equally the rights and representations of the settled community and of Gypsies and Travellers. Communities such as those in Pattiswick, Tolleshunt Knights or Braxted are not asking for special treatment or favours: all they want is a planning system that fully represents their views, gives them a fair chance and does not disadvantage them because of their residential status.
I want to impress on the Minister the importance of ensuring that councils and communities are adequately resourced and able to set appropriate pitch allocations. I can tell him now that that is a grave concern to the three local authorities that cover my constituency. They simply do not have the resources they need; when they try to deal with the problem, they come up against endless barriers. Any requirements in future policies on local authorities to set targets must enable them to do so with the confidence that they are in control of developments and not at the mercy of the courts or, in particular, the Planning Inspectorate.
Finally, I would like the Government to tackle what I consider to be an alarming culture in the Planning Inspectorate. From the cases I have come across in the past 14 months, it seems that the inspectorate is too willing to cower down in the face of human rights arguments, which are the first port of call in the cases that I have seen. That is not surprising given that the Planning Inspectorate has held workshops for its inspectors to learn from Gypsy and Traveller groups about their planning needs. In the interests of balance, I ask the Minister to encourage the Planning Inspectorate to hold workshops with our constituents, who have all been disproportionately and inappropriately affected by developments, so that the inspectorate gains a better understanding of their needs and rights. There is a greater than ever need for that now, because we will have neighbourhood plans that our constituents will influence.
Mr Aidan Burley (Cannock Chase) (Con)
My hon. Friend is making some powerful points about planning law being applied equally to all people. Does she agree that there are also laws about how people live, whether they are settled in a legal camp or not? Gypsies will not earn the respect of the settled community until they agree to be subject to the same tax laws as everybody else, start paying into the national insurance system, give an address by which they can be contacted, abide by the byelaws of an area and start cleaning up after themselves. They will not earn the respect of the settled community until they live and plan like everyone else.
Priti Patel
No, I am going to make some final points. My hon. Friend the Member for Cannock Chase (Mr Burley) is right: with rights come responsibilities.
I address my final points to the Minister. Will he ensure that Government policies support councils in taking enforcement actions against unauthorised developments and that the planning system is genuinely fair to all parties? Action needs to be taken to end the practice of placing the rights of one group above those of others, and the powers of the Planning Inspectorate to interfere with decisions taken by democratically accountable councils should be limited. Finally, will he guarantee that local communities and councils are in control of future development in their areas and that they have their destinies in their own hands? That is very much at the heart of localism. I thank the Minister for his time today and for listening to me, and I look forward to other contributions from colleagues.
Mr Mike Weir (in the Chair)
Order. A large number of Members wish to speak in the debate. I hope to start the wind-ups at about 3.30 pm, so I plead for the briefest possible contributions. I also remind hon. Members that interventions should be brief.
Mr Philip Hollobone (Kettering) (Con)
I congratulate my hon. Friend the Member for Witham (Priti Patel) on securing the debate and on her excellent speech. My constituents would want to be associated with many of her points. I declare an interest as a serving councillor on Kettering borough council.
I would like to tell hon. Members about a village called Braybrooke in my constituency. There are 22 villages in the parliamentary constituency of Kettering. Braybrooke is situated between the towns of Desborough and Market Harborough, right on the edge of my constituency and on the edge of the county of Northamptonshire. About 325 residents in Braybrooke are on the electoral roll, so it is a small village. However, it is unique in having the only primary school where the pupils are 100% Traveller children, and where the local settled community do not send their children at all. Such a situation exists because of the increase in settlements—pitches—from the Gypsy and Traveller community around the village.
The planning system’s failure to deal with the spread of unauthorised development means that the demographics of the village are being changed in an unacceptable way. I lay the blame for that on the circulars issued by the previous Government and the previous Deputy Prime Minister, which my hon. Friend the Member for Witham mentioned. However, the coalition Government have a chance to change that. My constituents in Kettering, the residents of Braybrooke and myself are looking to the Minister to do something about the matter. We have been in government for 15 months and a consultation is under way. We need to get a move on because my constituents’ hopes have been raised by initiatives such as the Localism Bill and the consultation. We want the Minister to introduce some appropriate policies to stop these unauthorised developments in the future.
Mr Hollobone
No. What I am saying is that local primary schools are comprehensive and they should attract children from the local area, regardless of their background. This is not an issue of race; it is an issue of behaviour. When I visited the school recently—it is an excellent school that provides good education—I discovered that one of the big problems was that, especially in the summer term, a lot of the Traveller children do not turn up because they are off travelling. A member of the settled community would be reluctant to send their child to a school with such a disruptive atmosphere. I am trying to approach the subject in a sensitive and thoughtful way without going down the route of saying that this is some kind of racial problem. It is an educational and behavioural problem, which needs to be addressed.
Mr Stewart Jackson (Peterborough) (Con)
As usual, my hon. Friend is making a very astute speech. Does he share my concern that the disruption and huge turnover of children in the Traveller community has a massive impact not only on the education of children who are not Traveller children, but on resource allocation for teachers and teaching support staff in those schools? In the long run, that has an impact on standard assessment tests and other results.
Mr Hollobone
My hon. Friend makes an excellent point. He speaks out on behalf of his constituents in Peterborough extremely well. On this issue, I am sure he has the pulse of not only his constituency but the nation. As my hon. Friend the Member for Witham said, Travellers are using the Human Rights Act 1998 in relation to access to local schools and as a way to get permission for their previously unauthorised developments. I am trying to say that we should look at the matter the other way round. What about the rights of the settled community in the village of Braybrooke, who are not sending their children to the local school?
Mike Weatherley (Hove) (Con)
After pressure from me and my constituency office, we have managed to persuade Brighton and Hove council to charge some long-term van dwellers at Medina house some rates to pay for the services they use. Does my hon. Friend agree that that is a good way forward and that some councils could consider doing that to make these people integrate more into the community, or at least to get some return for the services they use?
Mr Hollobone
I am most grateful for my hon. Friend’s intervention; he makes an extremely powerful point. As our mutual hon. Friend the Member for Cannock Chase (Mr Burley) said earlier, it is all very well for Travellers and others to jump up and down about their rights, but on the other side of the equation is their responsibilities. My hon. Friend the Member for Hove (Mike Weatherley) makes an excellent point. Everyone else pays their taxes in the normal way, so Travellers should also pay their fair due to society.
Andrew George
As indeed they do on the authorised sites, where those charges and, indeed, local taxes are paid in the proper manner. I do not know about the circumstances in the villages in the hon. Gentleman’s constituency, but the conundrum that we as Parliament and the Government are facing is that we have to accept—the hon. Gentleman said he is looking at the matter in a sensitive and thoughtful way— that there is a significant unfulfilled need for Traveller sites in this country. The question is, how do we fulfil that need in a way that does not involve Travellers taking their rights and demanding to live on unauthorised developments? We clearly must not allow that to carry on.
Mr Hollobone
I just do not get this point. In the borough of Kettering, lots of people do not have access to the accommodation and housing they need, and thousands of people are on the local authority housing waiting list. It would clearly be wrong to say that, because somebody cannot find the house they need, they can go into the countryside and start building a home of their own. The law would rightly come down on those individuals. Yet members of the Travelling community seem to be able to do exactly that, and they are using the Human Rights Act to get away with it. That is wrong.
My constituents’ fears are being heightened by the latest development around the village of Braybrooke: a site called Greenfields, which is a 37 acre plot. According to the map that has been given to me, the site seems to have been divided up into some 60 plots. It was acquired in the 1990s by a property speculator and the plots are being sold off individually, largely to members of the Travelling community. Buildings—dwellings—are already on some of those plots. The worry is that retrospective planning applications are being made in respect of those dwellings. Given the very poor decisions that are being made by the Planning Inspectorate, the applicants are pretty confident that they will be given retrospective permission to remain there.
Mark Garnier (Wyre Forest) (Con)
I thank my hon. Friend for giving way. Does he agree that one of the ways to deal with the matter is simply not to allow—
Mr Mike Weir (in the Chair)
Order. There is a Division in the House. I suspend the sitting for 15 minutes.
Mark Garnier
I think it has been one of the longest interventions in the history of Westminster Hall. My hon. Friend mentioned the planning rules in relation to illegal sites. Does he agree with residents of the village of Churchill in my constituency—an illegal Traveller site has been set up there in the way he has described—that one answer would be to get rid of the rule that allows retrospective planning permission? Planning permission would therefore have to be sought before sites were set up, rather than retrospectively, with all the nonsense about human rights and the rest of it that goes with that.
Mr Hollobone
I thank my hon. Friend for that helpful intervention, and I agree with him. The Government need to be far more proactive in tackling the problem of retrospective planning applications, particularly where it applies to the countryside.
There is another issue, which probably affects Wyre Forest as much as Kettering. Those of us with rural or semi-rural constituencies hear all the time about the protections against development in the green belt, but the open countryside in our constituencies seems to have less protection than the green belt. That is sad and regrettable, and it is enhancing the problem of unauthorised development by Gypsy and Traveller groups.
Before the break, I was talking about the new Greenfields site in Braybrooke, which has 60 plots on 37 acres. If it were developed in full, it would be bigger than the village of Braybrooke, near which it is situated, and the local demographics would be changed even more. The difficulty the local council has lies in enforcing the existing planning regulations.
Let me give Members a brief potted history of the site. The land was first acquired in the 1990s by a business that subdivides fields and then sells small parcels of the land via the internet as what it calls leisure plots, or simply as land investments. Early sales resulted in some plots being fenced off, and physical works were undertaken, which were unrelated to agriculture. Caravans were brought on to some plots and used for residential purposes. Wooden buildings were built, and the land was used for keeping horses.
Enforcement notices against such development were issued and served on two specific plots and on the site as a whole. None of the owners appealed the enforcement notices, and those requiring the removal of caravans and associated development are still in force, placing a continuing liability on the landowners. Since the early 1990s, a series of other enforcement notices and stop notices has been served, but the council’s hands are increasingly tied by the guidance on enforcing enforcement notices, which imposes on it the duty to weigh up the likelihood of success, the costs and the proportionality of different courses of action. The end result is that nothing is done.
Simon Kirby (Brighton, Kemptown) (Con)
Does my hon. Friend agree that existing enforcement powers in relation to unauthorised encampments such as the recent one at Happy Valley in Woodingdean in my constituency are totally insufficient, and that temporary or permanent sites can be only part of the solution? We need to be clear that councils need more powers to enforce notices on what are clearly unauthorised encampments.
Mr Hollobone
I am grateful for that helpful intervention. We are beginning to get from the debate some specific courses of action that we would like the Minister to take on board. One would be to deal with the issue of retrospective applications; another would be to beef up the enforcement mechanisms. Unless we have an effective enforcement regime, the problem will grow and become even more of a headache.
We have talked a little about whether there should be a requirement for local authorities to plan for authorised Traveller pitches. If the Government make that a requirement, the proposal is for there to be transitional arrangements whereby local authorities will have six months to put in place a five-year land supply for Traveller sites. My local authority, Kettering borough council, says that six months is not enough and it needs at least 12 months to identify suitable places.
Another thing I want to stress is that, even though consultation is under way, I understand that proposals to change planning policy guidance should be treated as emerging legislation as far as local planning authorities are concerned. Yet there seems to be doubt among some Kettering borough council officials about the weight of the advice. I should like the Minister to state clearly that local authorities should heed the direction of emerging planning guidance from the Government when they make decisions on planning applications.
Finally, please can we do something about the planning inspectorate in Bristol? It is not good enough that it has taken some of the decisions it has, especially on Gypsy and Traveller planning applications. Often, the people concerned do not visit the local authority in question. They do not really know about the local area on which they make decisions. If the coalition Government are serious about devolving decision making down to local residents in the communities where they live, we must take those appeal decisions at a more local level, to ensure that the true voice of local opinion is heard loud and clear.
Sir Paul Beresford (Mole Valley) (Con)
I shall try to be quick, and will concentrate mostly—directly or indirectly—on enforcement. The Minister can turn to his page on enforcement, so he will be ready.
One thing that I like about the consultation, which has been mentioned already, is the sentence:
“Many people think that current planning policy treats traveller sites more favourably than it does other housing and that it is easier for one group of people to gain planning permission particularly on Green Belt land.”
Hear, hear. In my area, Surrey, 87% of the land is green belt. The situation is difficult for Travellers and Traveller sites, and it is also difficult for the settled community. My constituency has a number of official Gypsy sites. There are few or no problems, and the Gypsies are part of the community. Everything is settled and clear. We have two planning authorities in my constituency, Mole Valley and Guildford. Because we are close to Epsom downs we have trouble, particularly with Gypsies who come in from across a little patch of water, with a distinct accent—not mine; not even similar. They come and squat.
The Travellers tend to use expert legal advice. There are a couple of agencies involving solicitors that are expert in such matters, and they are paid for by Travellers’ groups. They enable the Travellers to become the Artful Dodgers of the planning system. One of the techniques, in some of the better areas of my constituency, is to purchase a patch of land where there is no hope of any form of planning permission for residence. Either Travellers or people pretending to be Travellers make those applications, forcing the locals to panic, club together and purchase the land at an outrageous price. If enforcement were sure, and those local people knew that the inevitable refusal of the application would be followed by enforcement that really happened, those scams would fall apart.
The second technique that I want to mention is squatting, something which the Government are, I understand, looking at. Squatting in rural areas is done by Travellers. They do not squat in buildings, but they bring their buildings with them and squat on the land with caravans and so on. In my area, they also squat on the land with their animals—horses. The difficulty is that at the moment when the bailiffs arrive, after a court order has been obtained, at least one mare, if not every one in the paddock, is about to give birth. A human would be put in an ambulance and whisked off to a maternity ward, but if the bailiffs approach a mare that is about to give birth, the rules apparently require the animal to be left there. Whether a birth happens or not is highly speculative—I am quite sure that it does not. However, what happens is that some of the farmers in my constituency—I know of one in particular—cannot use the land, because it is occupied by a couple of dozen horses.
When, finally, enforcement happens, the mess that is generally left behind is unbelievable. Perhaps the way the site is left could be included in consideration of the matter, so the people pushed off by the enforcement order pay for the removal, clean-up and restoration of the site. That would be helpful and might encourage many of those who cover the site with gravel and other things not to do so.
The third technique is to buy the land, generally with cash, from whatever source. That generally happens at the weekend, when the people arrive with caravans, trucks, bulldozers, loads of gravel, piping and so on. By the end of Sunday, they are installed. The electricity and water are tapped in, whether legally or not, and then the nonsense starts—hopeless applications, refusals, appeals and more refusals. To be fair, the Planning Inspectorate in Bristol has been quite good in my area and has backed the local authority, mainly. However, when the enforcement notices are delivered, there is an appeal against the notice. Then, as the Minister is obviously well aware, another, subtly different, application is put in. On and on it continues.
As has been mentioned, the people concerned do not pay council tax or taxes. They use the local system—the schools, health authorities, and so on—and the arguments start. The neighbourhood barneys are horrendous—there are accusations of theft and burglary—but I must be fair; I am sure that in one case, although the people who committed the crime might have been associated with the people on the site, they were not people from the site. Nevertheless, there is, to put it mildly, community disharmony.
I want to outline two cases. The first is in Guildford on the A246. It is a greenfield pasture, which is fenced in. There have been three applications and three refusals, and at least two failed appeals. There are two derelict caravans on the site. As one hon. Member has mentioned, the council are wondering whether it should bother with its enforcement notice, because the cost will be astronomical and it can imagine that, once it gets part of the way there, another application will be made, and it will be back to square one. We need that side of enforcement to be pushed.
Andrew George
The hon. Gentleman makes a good point about planning in general, although not particularly about Gypsy encampments; those who want to abuse the planning system often use the ruse of making retrospective applications, then appealing, and then reapplying, exactly as he has described. It is a weakness of the planning system, which is not necessarily the issue before the Chamber.
Sir Paul Beresford
I noticed the nature and the subject of the debate, and have not strayed, although the hon. Gentleman has.
Anyone trying to sell or improve their property finds a big sign on the A246, which is the main road, saying “Romany Stables”. Opportunities to sell property have fallen in number because of that apparent threat. The situation is becoming disgraceful.
The second case involves a Gypsy who does not live in Mole Valley. He lives many miles away and used to—he probably still does—drive a lovely Rolls-Royce. He bought greenfield pasture land in the green belt. He sold it to his wife, who sold it to her cousin, who sold it too, and on it goes. Finally, a small group moved in there in the way in which I have described: gravel, electricity and water were built in over the weekend. There were five caravans, one of which looks like two mobile homes linked together. There was the usual pattern of enforcement notices, appeals and planning applications. The last appeal was quite a clever one. The order was to allow temporary accommodation, while the local authority looked for alternative sites over a period of time.
My concern is my local authority. I am worried that, having looked—not very well and in a limited area—and weighed up the fact that a sympathy that has no grounds in planning is being generated, the local authority may use a sympathy consideration, not a planning consideration, and allow the application on a greenfield site to go ahead. If someone such as the local farmer had built a house on that site, it would have been bulldozed—even though his children go to the local school and use the local hospital and doctor’s service—but that has not happened in this case because, as insinuated by the first sentence I read out, such groups are perceived to have an opportunity and a right that the rest of us do not. I ask the Minister to have a look before my local authority stubs its toes and gives permission, to the fury of many of us.
Gavin Williamson (South Staffordshire) (Con)
I congratulate my hon. Friend the Member for Witham (Priti Patel) on securing the debate and on an excellent speech. I must confess my utter disappointment that we have to have this debate, the third on Gypsy and Traveller sites in this Parliament: the first was in September, next was the one I secured in December and this one now. What adds to the disappointment is that although during the December debate the Under-Secretary of State for Communities and Local Government, the hon. Member for Hazel Grove (Andrew Stunell), made it clear that the planning circular was to be reviewed and that the consultation would start early in the new year, we had to wait until April, I think, for the consultation document. Having read through it, I cannot help but voice my deep disappointment at the changes suggested.
In my constituency, since December’s debate on the planning circular and on Gypsy and Traveller sites, another nine pitches have granted in the village of Calf Heath by the Minister. That happened just last week, against the express wishes and desires of local people who do not want those pitches. Why do they not want them? For the simple reason that, in South Staffordshire, more than 40 pitches have been developed in the years since 2007, many of them granted on appeal. It is not a matter of “not in my back yard”. Only the other week, the local planning authority granted planning permission for new Gypsy and Traveller pitches on a site that it believed was appropriate and sensible for such pitches. It is a matter of getting pitches where they are suitable and where there is proven demand—ensuring that they are in the right places. I do not think the Planning Inspectorate gives much consideration to or has much knowledge about where the right places are; nor, I am sorry to say, judging by a decision the Minister made last week, does he seem to have much common sense when looking at this matter or in making the correct decision. Just before this weekend, in the village of Hatherton, we had another invasion on land owned by a Gypsy and Traveller family where hard standings have started to be laid down. Again, it is the taxpayers of South Staffordshire who have to foot the bill to get the enforcement notice to stop the building.
The proposals in the planning circular consultation document are weak-willed and lily-livered and will not deliver on the promises that we made as a party before the general election or in the coalition agreement. I remember quite specifically in the coalition agreement a specific promise to protect the green belt. I must take issue with my hon. Friend the Member for Kettering (Mr Hollobone), who said that the green belt is far more protected than everywhere else; I wish he were correct, but it certainly is not protected when it comes to Gypsy and Traveller policy. More than 60% of applications from Gypsy and Traveller communities on green belt land that go to appeal are granted, compared with 19% of applications from the settled population. Equality for the settled population is not something that the Department for Communities and Local Government understands.
I ask the Minister to deal with protection of green belt land when he winds up the debate. Looking through the consultation document, the only thing that I noticed that seems to be different in the new circular is the removal of the word “usually” from the old circular’s reference to “usually inappropriate development” on green belt land. I am not sure whether that is seen as a dynamic policy shift in Eland house, but in South Staffordshire it certainly is not. I am slightly concerned that the change in the policy will have no effect for residents and for my constituents. We need to make it clearer that inappropriate development on the green belt should not be allowed. Of those sites in South Staffordshire given planning permission by the Planning Inspectorate, every one has been said by the inspectorate to be inappropriate development in the green belt, but it still awards permission. The balance is not right. The policy proposal does not go far enough, it is not strong enough and it is not clear enough.
My hon. Friend the Member for Kettering picked up on the important point about the six-month transition period. I think he was voicing the view of Kettering borough council in saying that 12 months is an adequate time; I think that even 12 months is an incredibly tight period, bearing in mind that the provision is for a five-year period. We need to be looking at between 18 months and two years. I hope that the Minister takes those comments on board.
Temporary pitches are a real problem. Increasingly, the Planning Inspectorate awards sites temporary permission. I never thought I would be in the Chamber defending regional spatial strategies but, ironically, we would almost be better off had we maintained them, compared with where we are now with Government fudge. I am shocked to be giving some support to the Opposition spokesman, the hon. Member for Derby North (Chris Williamson), but the simple reality is that temporary pitches are not being taken into account as part of the provision for accommodation needs in a local area. That is wrong. Can the Minister give us details of how many temporary applications have been granted for Gypsy and Traveller sites over the past 15 years? I am sure his officials, who are busy working away behind me, can provide details of how many of those temporary pitch grants have then been rescinded, enabling them to be got rid of. I hazard a guess—I do not know this, but I am sure your officials will be able to give you the information before you get to your feet—
The Parliamentary Under-Secretary of State for Communities and Local Government (Robert Neill)
The Chair has not got to his feet.
Gavin Williamson
I am sure, Mr Weir, when the Minister gets to his feet, he will say that the figure is between zero and five—closer to zero, I imagine.
The simple fact is that when temporary permission is granted, it might as well be permanent permission, because there is no way of getting the sites closed down and cleared off. In his summing up, I hope that the Minister can explain how the Government will deal with that, so that temporary permissions are indeed temporary. I very much look forward to welcoming the Minister to South Staffordshire, to talk to the many people affected by the decisions of the Department and to give the people of South Staffordshire a clear understanding of what the Government are striving to do to improve the position.
Andrew George
The hon. Gentleman is absolutely right that the primary purpose is to bear down on the problem of unauthorised sites. Presumably, however, he accepts that there is substantial unfulfilled need. How does he propose that the Government go about meeting it?
Gavin Williamson
I am grateful for the hon. Gentleman’s intervention, although I am curious about how many Gypsy and Traveller pitches there are in St Ives and the extent to which they are a problem. There are many vacant Gypsy and Traveller sites in my constituency of South Staffordshire. What is happening is that some in the Gypsy and Traveller community are using the loophole in the law for personal gain—they are exploiting it. That is costing my taxpayers in South Staffordshire a vast amount of money to pay for enforcement action. There are surplus sites, but unfortunately the good people at the Planning Inspectorate are not able, or do not seem willing to take that into account. What we have is a community exploiting a bad law—a bad planning circular—for personal gain. That is what makes so many people in South Staffordshire so very angry.
Will the Minister ensure that the consultation results in proper protection for the green belt? Will he also ensure that temporary provision is taken into consideration? If he can offer some guidance on how temporary provisions may be removed, that would be greatly pleasing, as would a date when he will visit South Staffordshire. We look forward to welcoming him to the very few green fields that are left after the previous Government’s policy, which remains in place.
Mark Pawsey (Rugby) (Con)
I congratulate my hon. Friend the Member for Witham (Priti Patel) on this timely debate in the light of the current consultation. I want to raise the concerns of villages to the north of my constituency near the urban fringe around Coventry, and to concentrate on the planning issues. Given what we have heard about the planning system, it is entirely right that the Government should set out to change the system. I echo the concerns expressed by my hon. Friends the Members for Kettering (Mr Hollobone) and for South Staffordshire (Gavin Williamson) about the delays in the Government’s introduction of changes. We spoke about that during the general election campaign and as soon as we came into government. We have raised expectations in communities, but we are failing to realise them. The broad thrust of the Government’s action to deal with such issues is the Localism Bill, which aims to give power back to local communities, and to enable them to shape their areas.
Provisions in the Localism Bill will deal with the existing situation when someone develops land without planning consent. The system is that they are encouraged to apply for retrospective planning consent with a right of appeal against the enforcement notice. The intention in our policy document was that both issues would be dealt with. The purpose of the changes we are introducing is to address the issues of local communities. My communities have raised three reservations, and there are three more that I would like the Minister to respond to.
First, I echo the comments of my hon. Friends the Members for Kettering and for South Staffordshire about the transitional time scale. There is a group in my constituency called BRAID—Barnacle residents against inappropriate development. As at Braybrooke in Kettering, illegal development in Barnacle threatens to overwhelm the village and the host community. I support BRAID’s contention that the imposition of a six-month time scale for councils to put in place a five-year deliverable supply of sites for Travellers is simply too short. BRAID argues that many authorities will not have time to carry out an assessment of needs, and will find themselves having to treat such applications favourably—I will return to that expression—before finalising their five-year plan. Whenever there is a time limit, there may be discussion about it, and my hon. Friend the Member for South Staffordshire referred to a year. My community would like a realistic period of two years for local councils to carry out that task.
The second issue is the presumption to “treat favourably”. The draft policy document states:
“Where a local authority does not have a 5 year deliverable supply of gypsy and traveller places (within 6 months of the publication of the new policy), a local planning authority should treat favourably any applications for temporary permission”.
Clearly, that provision is intended to encourage local authorities to identify appropriate sites, but communities fear that the phrase, “treat favourably” is likely to reinforce views that there will be special rights for certain communities in planning matters, in a similar way that circular 01/2006 states that “substantial weight” should be given to unmet need when considering temporary permission. There is a real fear that the policy may unintentionally encourage unauthorised developments when a developer knows that they are likely to be “treated favourably” because a council has not yet set out its policy.
A third matter, to which my colleagues have referred, is the behaviour of planning inspectors. Rugby borough council in my constituency has for many years had to consider a variety of applications for new sites, and in 2009 it approved its draft core strategy, which included a requirement that future developments should be limited to a maximum of 15 pitches per main rural settlement or parish area. That decision by locally elected councillors was due to the fact that two areas already have substantial Traveller provision.
When that strategy was submitted to the Secretary of State earlier this year, the planning inspector decided to strike out the requirement for a maximum number of pitches, citing as justification the guidance in circular 01/2006. Local representatives are frustrated that that justification is based on five-year-old guidance, when it is now more than a year since the Government came to power with a pledge to change the system, and that when the consultation is concluded and the law is introduced it may no longer be in existence.
I raised these matters with the Minister, and he confirmed the existence of the circular. Perhaps he will respond to some of the points to which he referred in his letter to me. I recognise that there is a real opportunity now to change the system to achieve a fair balance for both local communities and the Travelling community.
Andrew Percy (Brigg and Goole) (Con)
I have just lost my bet. Thank you for allowing me to speak, Mr Weir.
I shall be as brief as possible, because I know that a colleague wants to speak. My constituency has a long history with the Travelling community, not least because of our historic horse fairs. We have attracted Travellers for many centuries, and some of my ancestors who were horse dealers in the area may have had interactions going back centuries. That does not mean that we do not have problems today. My local council seems to be distinctly unimpressed with some of the Government proposals in the consultation, not least because local communities believe that the planning system has been weighted too much in favour of the Travelling community in recent times. We are not convinced that the consultation will push that back in the other direction.
In particular, my council is worried about the targets, which include, as I said when I intervened on my hon. Friend the Member for Witham (Priti Patel), historic demand. The local authority and local residents do not believe that those targets take adequate account of local knowledge, and we are worried that they will lead to attracting more people with no links to the area simply because of historic demand.
Brigg in particular has had a problem in recent years with illegal encampment. One in West Lindsey in Lincolnshire, which is just outside the local authority area, has managed to acquire planning permission in exactly the way that my hon. Friend the Member for South Staffordshire (Gavin Williamson) highlighted. Planning permission has been granted for green belt land at the end of a country lane through what I believe is an abuse of the planning system.
That does not mean that we in Brigg do not enjoy good community relations between the settled population and the Travelling community. I am always temperate in my language, because I want to ensure that we continue to maintain those good relations, and that our historic link does not boil over. But the risk of continuing the reality that the planning system works in favour of people in the Gypsy and Traveller community must be addressed, and that means that any assessment of Traveller site needs and demands should include the views of the settled community.
I could say a lot more, but my hon. Friends have said a great deal and I am aware that other hon. Friends want to speak. North Lincolnshire council will respond to the consultation, and it seems that it is distinctly unimpressed by what is being offered. I urge the Minister to look at what we promised during the general election. I want to return to both sides of my communities and tell them that this is about fairness on both sides of the debate.
Simon Hart (Carmarthen West and South Pembrokeshire) (Con)
I shall be brief. Given that we are talking about a devolved issue, the Minister may be forgiven for wondering why somebody who represents a Welsh constituency is taking part in the debate. However, perhaps I can share some experiences of a policy that is a little more advanced. Pembrokeshire has the highest concentration of Gypsy sites anywhere in Wales. Almost without exception, they are well integrated into the local community, and they provide value and valuable jobs. Gypsies are part of the community and welcomed by it. With the exception of my hon. Friend the Member for Brigg and Goole (Andrew Percy), I have been concerned by the general presumption during the debate that all Gypsies are bad. That is definitely not the case where I come from; we have a long, happy history and relationship with Gypsies.
During the planning process, I hope that the Minister will guard against people contributing to the debate with ongoing prejudice and discriminating against a minority community. Such discrimination leads to all sorts of social difficulties such as kids being bullied at school, people not getting jobs for which they are perfectly qualified, and friends being thrown out of pubs simply because they happen to live on a legitimate Traveller site. I hope the Minister will confirm that such pitfalls will be avoided when the measures for England are set out.
There are, of course, some planning anomalies and difficulties in Wales. There is an ongoing case at Clayford lane near Saundersfoot, and there are some difficulties concerning the definition of a Traveller, what constitutes a Traveller in a legal sense, whether an application for a site has to be in the name of a Traveller, and whether those who may subsequently occupy the site would meet Traveller criteria. That case has resulted in considerable anger on the part of the 60 or more residents in the area. They feel that it is somewhat harder for them to jump through the planning hoops as part of the non-Traveller community than as part of the Traveller community, even though that community includes people who may not even legitimately be part of it. There is no doubt that by making special provision for the Traveller community—albeit for all the right reasons—we have almost by accident created a situation in which we are causing resentment towards a community rather than respect for it, which is the opposite of what we intended. I hope that the Minister will take that into account during the consultation in England.
In short, a balance must be struck between the non-Traveller ratepayer, the legitimate Traveller community that brings—certainly in my constituency—so much value, and the ever-present and often misused and misquoted Human Rights Act that makes up part of the overall mix. Unless we get the balance right, it will not only be bad for the ratepayer, but it will be bad for local authorities that have to deal with the situation. Above all, my main word of caution in the social context is that that will be bad for minority communities which, as we stated in our election manifesto, we seek to respect and welcome where possible.
Chris Williamson (Derby North) (Lab)
It is a pleasure to serve under your chairmanship, Mr Weir, and I congratulate the hon. Member for Witham (Priti Patel) on securing the debate. Debates about the Travelling community often tend to generate more heat than light, but today we have heard some useful contributions. I did not agree with everything that hon. Members said, but we heard some helpful pointers to a way forward. Anxiety about the issue clearly exists in a number of communities—that is stating the obvious—and it is incumbent on Members to represent the views and concerns of their constituents. I would like to make it clear, however, that the Opposition Communities and Local Government Front-Bench team believe that the law should apply equally to all sections of our community. There should be no special favours for any community, whether the Travelling or the settled community.
With all due respect to the hon. Member for Witham, her criticism of the previous Administration was a little unfair. They did not get everything right, and some criticisms are legitimate, but a good deal of work was undertaken under the previous Labour Government and a considerable number of additional sites were created. The introduction of temporary stop notices made a useful contribution to the whole issue of dealing with the Travelling community. The hon. Lady’s faith in the Localism Bill could be misplaced because it might not secure the outcomes to which she alluded.
Andrew Percy
The hon. Gentleman reminds me of a point about fairness that I missed out during my contribution but would like to put on record. He talks about fairness, but I can give one example of where the system is not working. We have had an application relating to the village green in Brigg for a considerable period of time. A Traveller family has now moved on to that site and we are unable to progress that application properly because the human rights legislation and planning circulars introduced by the previous Government have prevented us from moving that family on. Where is the balance and fairness to both parts of the community?
Chris Williamson
The hon. Gentleman makes a pertinent point and gives an example from his constituency. The Government clearly need to look at such situations and find a way forward. Such things no doubt cause considerable anger in the hon. Gentleman’s community, so he is right to put that on record.
I will return to the point that the hon. Member for Witham made about the Localism Bill because I am not convinced that it will secure the outcomes for which she hopes. The proposition is that there will be no regional targets, and it is expected that each local authority throughout the country will determine what is appropriate for its area. Given today’s discussion, there is a recognition among most—if not all—hon. Members that one of the biggest problems relating to Travellers arises due to inadequate numbers of legitimate official sites. If we were able to provide those additional sites, the problems of unauthorised encampments would be somewhat diminished.
If we put the onus to provide Traveller sites on to individual local authorities, they may take the view that there is no need for such a site in their area. We have already had that problem, and I fear that such situations may be exacerbated by the changes brought in by the Localism Bill. Paradoxically, the Bill could lead to an increase in the unauthorised encampments about which the hon. Lady is so concerned.
Priti Patel
Does the hon. Gentleman accept that, under the Localism Bill, giving local residents opportunities and empowering them to make their views heard will be paramount when it comes to taking such decisions? Surely that would end the lack of balance in a system in which the views of local residents are not heard and a disproportionate voice is given to the Travelling community.
Chris Williamson
I am not sure that the Travelling community is given a disproportionate voice. Hon. Members have outlined examples of abuses and cases in which sections of that community may have exploited loopholes in human rights legislation. I repeat that we all want to ensure that there is adequate provision for the Travelling community, and fairness for the settled and Travelling communities, and we will achieve that only through a significant increase in numbers of legitimate sites. My fear and worry is that localism legislation may make that more difficult to achieve.
The hon. Lady also mentioned workshops for Travellers and suggested—rather tongue in cheek, I suspect—that there should be workshops on planning laws for the settled community. That is perhaps a bit unfair. We are talking about a minority community that has real difficulties, and the hon. Member for St Ives (Andrew George) pointed to issues such as mortality rates and educational outcomes. It is appropriate and helpful to work with that community and to outline not only its rights, but its responsibilities under planning legislation. That was a positive step by the Department for Communities and Local Government.
Andrew George
On the subject of Government proposals, what is particularly encouraging is the proposal that they will provide £50,000 to support training for councillors in how the relevant legislation works and how to ensure that the problems that have been raised today can be settled within local communities.
Chris Williamson
I am glad that the hon. Gentleman made that intervention because it was one of the points that I intended to touch on if there was time. There are indeed some helpful proposals in the consultation document, and that one is useful. It is important that councillors are given appropriate training and the wherewithal to deal with what is often a thorny and difficult issue when they are on the front line dealing with these complex problems.
I agreed with the point made by the hon. Member for Kettering (Mr Hollobone) about rights and responsibilities but, again, the antidote would be more authorised sites—I keep returning to that point. He was probably being slightly tongue in cheek when he suggested that there was a comparison between homeless people building unauthorised settlements in the countryside and the way in which Travelling communities establish unauthorised encampments. Clearly, that is a silly point, if I may put it that way to him, because where would a homeless family or a homeless individual be able to get the necessary building materials and the wherewithal to construct a house without planning permission in the countryside? That false comparison does not help to take the argument forward.
The hon. Gentleman also commented about dealing with retrospective planning permission. I think that he is suggesting that the Government should consider eliminating the ability for planning authorities to grant retrospective planning approval. Although that might deal with the problem that we are discussing today, if it ever came to pass, it might involve unforeseen, unintended consequences that could be very detrimental to his constituents in the fullness of time.
Gavin Williamson
I am listening intently to what the hon. Gentleman is saying and trying to understand the position of Opposition Front Benchers. Do they support the old circular? Do they support the proposed new circular? Do they think that it should be tougher or stronger? I would be interested to hear his views about that.
Chris Williamson
We are very clear that there is a need for some improvement in the present situation, which does create difficulties. As I pointed out, the previous Administration took significant steps forward. However, we welcome the consultation exercise in which the present Government are engaged and we will fully co-operate with them when that has concluded. I do not want to state firmly that our position is one thing or another at this stage, because we need to wait for the outcome of the consultation. It would be wrong to prejudge what the outcome will be. It might be that helpful improvements could be made, but I do not want to say that we must stick steadfastly with the existing arrangement, or that we should do x, y or z, until we know the outcome of the consultation.
I probably do not have time to deal with all the other points that were made, but I shall touch on a few. The hon. Member for Mole Valley (Sir Paul Beresford) referred to the need for stronger enforcement. Yes, of course there should be enforcement, but until we deal with the root cause of why unauthorised encampments are established in the first place, there will probably always be a need to undertake enforcement, however strong it is. There will always be unlawful encampments unless there is an adequate provision of legitimate, authorised encampments for the Travelling community.
Sir Paul Beresford
I pointed out earlier that the settled community also occasionally tries to do exactly what has been described, and the enforcement goes through quickly and the buildings are knocked down. However, the deviousness with which the planning system is manipulated by the Travelling community in relation to some of the sites in my constituency, where there is a considerable demand from both that community and the settled community, means that it persists beyond what is acceptable.
Chris Williamson
The hon. Gentleman makes a fair point to which the consultation exercise and the Government will need to respond.
I am delighted by the damascene conversion of the hon. Member for South Staffordshire (Gavin Williamson) on the importance of the regional spatial strategies, so I hope that the Government will recognise that.
I concurred with the hon. Member for Carmarthen West and South Pembrokeshire (Simon Hart), who made the very helpful comment that not all Travellers are bad. There is sometimes a dangerous tendency for people to misinterpret these debates and to caricature hon. Members as suggesting that everyone in the Travelling community is a rogue and a bad person—clearly that is not the case. I was delighted that the hon. Gentleman made that comment from the other side of the Chamber.
I conclude by reiterating that we await with interest the outcome of the consultation exercise. We will co-operate fully with the Government when the relevant documentation has been published.
The Parliamentary Under-Secretary of State for Communities and Local Government (Robert Neill)
It is a pleasure to see you in the Chair, Mr Weir. I congratulate my hon. Friend the Member for Witham (Priti Patel) on securing the debate and thank all hon. Members who participated. Every one made legitimate and significant points, because these are areas of real concern. I thank the hon. Member for Derby North (Chris Williamson) for the Opposition’s offer of co-operation once the consultation has concluded.
It is important to put the issue in context and say that we are in the process of consulting. I therefore hope that my hon. Friends will understand if I am at pains to ensure that the Government do not at this stage prejudge the consultation. We are consulting because we recognise that there is a problem. I appreciate, from the observations of a number of hon. Members today, that there is a sense of frustration, but I hope that they, too, will accept that, inevitably, the process of legislation cannot be gone through overnight. Some of the measures that the Government are taking to tackle this issue require primary legislation, which is currently in the other place. In addition, it is necessary to consult before we make changes to policy by way of guidance or regulation.
The Government think that it is more important to ensure that we get this right than attempt to rush it. In the past, things have gone wrong. We do not want a situation like the one that sadly we saw occur under the previous Government, in which the number of caravans on unauthorised developments increased from 887 in 1997 to 2,395 in 2010. No doubt the policies then were well-intentioned, but they were not thought through. We are determined to think this through, get it right and make it stick.
Gavin Williamson
I commend the Minister’s keenness to ensure that everything is run professionally and well in his Department, but I am curious about why the consultation period has been extended. Twelve weeks is the usual consultation period. Why did the Department feel the need to extend that?
Robert Neill
The Department took the view—this is not a unique case—that sometimes it is better to be a little more generous and sensible in consultation than to rush at fences. I am sure that by the time my hon. Friend has been in the House for as long as my hon. Friend the Member for Mole Valley (Sir Paul Beresford), he will understand that, sometimes, taking things at a gentle pace gets a better end result. We want this to work, and the reason why we want it to work was encapsulated in the speech by my hon. Friend the Member for Carmarthen West and South Pembrokeshire (Simon Hart). It is essential that we have a system that is both fair and workable in the interests of the settled community and of the Traveller community, because it is right to say that the vast majority of Travellers are law-abiding. The majority of Travellers want to live on authorised sites and have social issues that need to be addressed, so it is as much in their interests as anyone else’s that we get something that is fair.
There is a very strong feeling that there is unfairness in the current system, which has caused the Government to take a number of steps to deal with the problem, all of which have been legitimately highlighted by my hon. Friends. Let me make clear what the Government seek to do. I know that time will not permit me to deal with every one of the legitimate points raised by my hon. Friends, but I undertake to write to them setting out some of the specific details for which they have asked.
I start with what the Government are doing, given the background. There is a real problem. There is a genuine sense in the country that the system is not fair and that it works against everyone’s interests. What are the Government seeking to do? First, we are committed to abolishing the regional strategies under the Localism Bill, which clearly requires primary legislation. It is frustrating for many that it should be necessary to take decisions in accordance with existing policies until they are revoked, but that is the law. When dealing with planning casework, Ministers have to act in a quasi-judicial fashion, but we are taking steps to abolish the regional strategies and the targets that go with them.
The Localism Bill also contains the primary legislation necessary to provide stronger enforcement powers to tackle unauthorised development. The Bill also contains important proposals to limit the opportunities for the abuse of retrospective planning permission. My hon. Friend the Member for Mole Valley and others have referred to that important point. We are determined to ensure that retrospective permission is available if there has been a genuine mistake but not in cases of cynical manipulation, in which members of any community may be involved—I have come across cynical developers, too. We are taking steps to deal with that.
Robert Neill
I shall give way once more, but my hon. Friends will appreciate that I need to make progress in fairness to other Members.
Simon Kirby
Does the Minister recommend that the consultation on legislation to deal with squatting should also cover unauthorised encampments? It seems to me that the two are closely linked.
Robert Neill
I hope that all who feel strongly on planning and on squatting will take part in the consultation. Indeed, I hope that all who have spoken in this debate, as well as getting their contributions on the record, will take the opportunity within the extended period of consultation to write on behalf of themselves and of their constituents. The Government take the matter seriously.
We have taken measures to ensure that supply problems are sensibly addressed. We have secured £60 million to help councils and other registered providers build new Traveller sites. The new homes bonus will apply to new Traveller sites to incentivise local authorities. We are applying the Mobile Homes Act 1983 to authorised Traveller sites to give Travellers who play by the rules a better sense of security. At the same time, we seek to deal with areas of abuse. We also want to deal with the fact that, at present, it is possible both to seek retrospective planning permission and to appeal against an enforcement notice. By manipulating the two processes, it is possible to extend the time for compliance almost indefinitely. The Localism Bill will remove that option and close that loophole. We are also considering strengthening enforcement powers.
The hon. Member for Derby North referred to the temporary stop notices introduced by the previous Government. They were a step in the right direction, but I know that concerns have been expressed about how effective they are in practice. We need to consider how they operate. It is critical that local planning authorities have implemented proper plans to deal with the needs of their areas. We are giving them the ability to assess what that need is. Hon. Members have spoken about the tests that should be applied, which is precisely what the consultation is for. We want to hear people’s views on the appropriateness of one test or another, and I hope that Members will feed their views into the consultation.
It is a protection for local authorities to have an up-to-date plan in relation to all planning matters, including the provision of Gypsy and Traveller sites. Our approach, which involves an assessment of need and of supply over a reasonable period of years, will treat Gypsy and Traveller needs in a way that is much more closely aligned to that for housing generally. That greater symmetry of approach is part of our attempt to secure greater fairness for both sides. A number of steps have already been taken.
I appreciate the useful points that have been made by hon. Members, and I shall write in detail on the constituency points that they raised. I also encourage them to participate in the consultation. Once the consultation is closed, the Government will want carefully to consider the points that have been raised on this significant matter. It is therefore our intention to put in place a replacement circular, if we conclude that that is the best way forward, although one option proposed in the consultation is not to replace it. Once we have come to a conclusion, we intend to move swiftly.
Missing Persons (Cyprus)
(12 years, 10 months ago)
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Mike Freer (Finchley and Golders Green) (Con)
This is the first time that I have spoken under your chairmanship, Mr Weir, and I look forward to this afternoon’s debate.
I start by saying what the debate is not about. It is not about the politics of the continued division of Cyprus, nor is it about the rights and wrongs of Turkish troops continuing to occupy part of a European Union member state. It is about the humanitarian issue of families seeking closure on the fate of missing relatives.
It is 37 years, almost to the day, since Turkey invaded Cyprus. Cypriots, both Turkish and Greek, were involved in the fighting. Many were captured and never seen again. Even today, about 1,500 people are still unaccounted for. Young army conscripts of the Cypriot national guard, reservists and civilians, including women and children, are among their number.
Families have a right to know what happened, whether their relatives are dead and, if so, where their graves are to be found. If those people are dead, why cannot the location of their remains be disclosed and their remains returned? What about those imprisoned in Turkey? Could they still be alive after 37 years and still be in prison? If those who were imprisoned in Turkey are dead, where are they buried?
What about the missing children, such as Christaki Georghiou, the brother of Mrs Hatjoullis, a constituent of mine? He was last seen alive at the age of five in 1974 being taken away by a doctor at a hospital controlled by the Turkish army, but the press recently reported that he is still alive. Do the families not have a right to know? How many other children might have been placed with Turkish families and still be alive in mainland Turkey?
The tragedy of missing persons is a humanitarian problem with implications for human rights and international humanitarian law. The Cypriot Government comply with efforts to identify the missing on both sides, and it is time that Turkey followed suit. The organisations involved in locating and identifying the missing should have full access to the archives of all organisations, both civilian and military. To date, Turkey has refused to allow the International Commission on Missing Persons access to military bases. That is despite the commission operating under careful supervision under the auspices of the United Nations.
The right of family members to know the fate of their missing relatives, including their whereabouts and the circumstances and causes of their disappearance, is a humanitarian matter. The obligation to carry out an effective investigation into the circumstances surrounding a disappearance is required by international human rights law and international humanitarian law. When focusing on the humanitarian dimension of missing persons in armed conflicts, it is necessary to bear in mind that cases of missing persons can sometimes constitute criminal offences, including war crimes or crimes against humanity. Perhaps that is why Turkey is dragging its feet.
States should ensure the effective investigation and prosecution of all human rights violations linked to missing persons. Turkey continues to flout international law. I know that Turkey claims that the Republic of Cyprus is not co-operating, but I do not believe that to be true. Turkey has repeatedly been found in breach of articles 2, 3 and 5 of the European convention on human rights.
In the case of Cyprus v. Turkey 10 May 2001, the European Court of Human Rights examined Turkey’s obligation to protect the right to life under article 2 of the convention, reading it in conjunction with the state’s general duty under article 1 to
“secure to everyone within its jurisdiction the rights and freedoms defined in the conventions.”
The court confirmed that
“this requires by implication that there should be some form of effective official investigation when individuals have been killed as a result of the use of force by agents of the State”.
Jim Sheridan (Paisley and Renfrewshire North) (Lab)
I congratulate the hon. Gentleman on securing this extremely important debate. Will he confirm beyond any shadow of doubt that the campaign for missing persons covers both Turkish and Greek Cypriots and that it is not one or the other?
Mike Freer
The hon. Gentleman makes a good point. The Committee on Missing Persons, which the EU generously funds—that is why its effectiveness should be a matter of grave concern for our Foreign Office—investigates the cases of both Turkish and Greek Cypriots who are missing. It makes no distinction between the two, and it is important to put that on record.
Nick de Bois (Enfield North) (Con)
I congratulate my hon. Friend on securing this debate. This issue affects families right across the island. Does he not think that with the right level of commitment and a speedy resolution, massive confidence-building measures could be delivered for the future?
Mike Freer
My hon. Friend makes a good point. This is not specifically about the politics of the negotiations over the reunification of Cyprus. Both sides in that negotiation are looking to build confidence. There could be no better confidence-building measure than the return of the remains of the 1,500 missing people or information on what happened to them.
Sir Alan Meale (Mansfield) (Lab)
I congratulate the hon. Gentleman on acquiring this debate. He has shown by his knowledge of the Cypriot problem and by his advocacy on this matter, which is heard in the House time and time again, how good a representative he is for the area. I have known about the case of the Georgiou boy for many years. As the hon. Gentleman has said, he is just one of many people who are missing, more than 500 of whom are the relatives of British citizens. Will he comment on how difficult it seems to be for the President of Cyprus to obtain regular meetings in the UK with the British Government? For the life of me, I cannot understand why that should be so difficult, particularly because we are a guarantor power and have bases there and because more than 70,000 British citizens live on the island.
Mike Freer
The hon. Gentleman has made an extremely strong point. It is disappointing that the Foreign Office, in seeking to be even-handed, has forgotten that on this particular issue we cannot be even-handed. We wish to see equal treatment, but we have a duty to British citizens and the descendants of British citizens lost in the conflict. Indeed, the issue also affects hon. Members. My hon. Friend the Member for Dudley South (Chris Kelly), who has apologised for not being able to attend today’s debate, wanted to speak, because his mother lost four cousins in the conflict. I urge the Minister to take the cross-party views very seriously and try to apply further pressure to resolve this matter.
Mike Freer
I was talking about the decision in the European Court of Human Rights case of Cyprus against Turkey of 10 May 2001. In fact, the Court’s judgment stated:
“The Court cannot but note that the authorities of the respondent State”—
that is, Turkey—
“have never undertaken any investigation into the claims made by the relatives of the missing persons that the latter had disappeared after being detained in circumstances in which there was real cause to fear for their welfare.”
Sir Alan Meale
Bearing that in mind and the fact that Cyprus has the presidency of the Council of Ministers, would it not be appropriate to ask the Minister if he would ask—in his good time—for this issue to be pushed back on to the agenda of the Council of Ministers, to give it more force than it has had in recent times?
Mike Freer
The hon. Gentleman makes a good point. I am sure the Minister heard his intervention and will seek to address that point in his remarks.
I want to return to the role—or lack of—of the Turkish forces. The ECHR judgment continued:
“No attempt was made to identify the names of the persons who were reportedly released from Turkish custody into the hands of Turkish-Cypriot paramilitaries or to inquire into the whereabouts of the places where the bodies were disposed of. It does not appear either that any official inquiry was made into the claim that Greek-Cypriot prisoners were transferred to Turkey.”
Ian Lavery (Wansbeck) (Lab)
Like others, I congratulate the hon. Gentleman on securing such an important and emotive debate. He mentioned Cypriot prisoners in Turkish prisons. Has he any idea what percentage of the 1,500 could still be in prison in Turkey?
Mike Freer
The hon. Gentleman makes a good point about the numbers. There is no definitive answer, because the Turkish will not release that information. It is estimated that between 500 and 800 people were imprisoned in Turkey. The whereabouts and fate of those people remain unknown.
We talked about the Court’s determination of article 1. The Court also concluded that there had been a
“continuing violation of article 2, on account of the failure of the authorities of the respondent state to conduct an effective investigation aimed at clarifying the whereabouts and fate of Greek-Cypriot missing persons who disappeared in life-threatening circumstances.”
I appreciate that hon. Members may think that the use of words in some of these articles—2 and 3; and 5, which I will talk about—constitutes shades of grey. However, it is important in establishing a pattern of behaviour that unfortunately, Turkey is repeatedly failing to comply with those various articles.
In dealing with article 2, the Court stressed at the outset that
“the unacknowledged detention of an individual is a complete negation of the guarantees of liberty and security of the person, that is contained in article 5 of the convention and [is] a most grave violation of that article. Having assumed control over a given individual, it is incumbent on the authorities to account for his or her whereabouts. It is for this reason that article 5 must be seen as requiring the authorities to take effective measures to safeguard against the risk of disappearance and to conduct a prompt and effective investigation into any arguable claim that a person has been taken into custody and not seen since.”
The Court referred to the irrefutable evidence that Greek Cypriots were held by Turkish or Turkish Cypriot forces without keeping appropriate records. From any humanitarian point of view, that failing cannot be excused. Confusion during a conflict is not an excuse. Fighting during a conflict is not an excuse. The absence of information and the deafening silence from Turkey have made it impossible to allay the concerns of the relatives of the missing persons about their fate. There has been no official reaction to new evidence that Greek Cypriot missing persons were taken into Turkish custody. The Court concluded that there has been a continuing violation of article 5, because Turkey has continued to fail to respond or to conduct an effective investigation.
The lack of an investigation by Turkey into the fate of those who went missing has condemned relatives to live in a prolonged state of acute anxiety. Time has not lessened that anxiety, as anyone who has met the relatives can testify. I have many times been to the green line in Cyprus and met relatives, and I can testify to the daily heartbreak that the mothers, fathers, brothers and sisters still endure. No one who has visited and walked up to the buffer zone and met the families, with the pictures around their necks, can fail to be moved by the anxiety and stress the relatives continue to endure. The memories remain vivid in the minds of the relatives, and they endure the agony of not knowing whether family members were killed in the conflict or are still in detention, or, if detained, have since died. The families just want to know what has happened; they want to be able to grieve and to lay their relatives to rest.
The provision of such information is the responsibility of the authorities of the respondent state, and that is Turkey. It has been found to be consistently unco-operative. The silence of Turkish authorities has been classified as inhuman treatment within the meaning of article 3. The Court of Human Rights found no indication that the Committee on Missing Persons is going beyond its limited terms of reference. That committee works under very careful supervision.
It is important to stress that the search for information by the relatives of Greek Cypriot missing persons is not partisan. In fact, the Secretary-General of the United Nations said:
“Determining the fate of missing persons occupies an increasingly prominent role in peace-making...and post conflict peace-building. Handled properly, it can build trust and promote reconciliation…The Committee on Missing Persons in Cyprus has been a model of successful co-operation between the Greek-Cypriot and the Turkish-Cypriot communities.”
This humanitarian issue must be resolved and, although the resolution should not be mired in the political solution, there is inevitably some linkage. If we are to see a re-united Cyprus, both Turkish Cypriots and Greek Cypriots have to have trust and faith in each other. If Turkey is to take its place in the EU, it must be seen to be open, transparent and democratic. A transparent return and identification of the missing would be a welcome confidence-building measure. The UK and the EU have significant influence. We contribute handsomely to the work of the Committee on Missing Persons, but Cypriots are EU citizens, and as such, member states have a duty to intervene. We intervene and apply pressure throughout the world; we must do more on our own European doorstep.
Mr Weir, thank you for giving me the opportunity to raise the concerns of many of my constituents. My constituency has a very large Greek Cypriot community, and it has been my privilege to raise its concerns today.
Mr David Burrowes (Enfield, Southgate) (Con)
Along with colleagues, I congratulate my hon. Friend the Member for Finchley and Golders Green (Mike Freer) on securing what I believe is the first specific debate on missing persons. I welcome that important focus. I am sure the Minister has noted the cross-party involvement in the issue, which is of fundamental importance to all Cypriots, British citizens, parliamentarians and all concerned about basic human rights.
I speak as the chair of the British-Cyprus all-party parliamentary group, which will continue to scrutinise the role of the Government in ensuring progress on the issue. Yesterday, the Organisation of Relatives of Missing Cypriots conducted a lobby outside Parliament. It is a lobby with a difference: it is campaigning not on a one-off issue, but on a matter that has been of concern for 37 years or more. These relatives come year in, year out. They remind us that this issue, which we talk about in terms of human rights, is based in humanity. They hang around their necks pictures of loved ones, some of whom we have heard about today. It is important to realise that we are talking about individuals and loved ones who have been lost for many years.
The attention of Cypriots is rightly focused today on those who were lost in the tragic incident at the naval base in Cyprus, when 12 lives were lost and 62 people injured. We take this opportunity to express our condolences and heartfelt concern. The loss of those loved ones this week is just the same as that of those lost all those years ago. It is still as acute for those who lobbied yesterday outside Parliament. We do not want them to be here next year; we do not want them to say that they still do not know where their loved ones are. We want to ensure we have made progress by this time next year, and that they are no longer in agony.
We would all endorse the robust case made by my hon. Friend the Member for Finchley and Golders Green. Those relatives, who are citizens of this country, feel they are ignored. They feel that these basic issues are not taken as seriously as they should be. They do not want to be tolerated with a “see you next year”. They want to ensure that we and the Government are doing what we can in a number of ways. The contribution through the European Union to the CMP is welcome, as is the important bi-communal work that will now make more rapid progress and receive more funding.
As can be heard from across the community, the basic issue is that the CMP is not being given access and information. The state that must be held to account is Turkey. Turkish military bases know the whereabouts of missing individuals. We implore the Government to do all they can in their negotiations and contact with the Turkish Government to ensure proper access and the basic answers that the relatives wish to have. That can be ensured in various ways. This country holds the presidency of the Council of Ministers. That is an important opportunity to hold a debate on missing persons. I invite the Government to consider how it can be done.
It is plain that this basic issue of human rights must be dealt with before progress can be made on European accession. The questions of information and access must be answered. It is also an international obligation. The Minister is responsible for international human rights issues; no doubt he is concerned about such flagrant breaches of human rights, which remain unanswered since May 2001. They must be answered. This is happening on European soil. We would not tolerate a divided island with troops from Turkey on it, and we must not tolerate this, nor park the issue while awaiting the outcome of the negotiations. It is an issue of not only European rights but basic human rights.
The relatives of missing Cypriots were campaigning outside yesterday. We do not want to go back to them next year and say that progress has not been made. Yes, it is the province of Turkey, but our Government must also do all they can to ensure basic justice, truth and reconciliation for the relatives of missing Cypriots.
The Minister of State, Foreign and Commonwealth Office (Mr Jeremy Browne)
It is a pleasure to serve under your chairmanship, Mr Weir. I thank and commend the hon. Member for Finchley and Golders Green (Mike Freer) for initiating this important debate and giving Members from all parties, as has rightly been said, the opportunity to contribute. I also pay tribute to the hon. Member for Enfield, Southgate (Mr Burrowes) for his contribution. Before I start, I ought to mention the terrible explosion of which he rightly reminded us, which happened in the early hours of Monday morning in Cyprus. We now know that it has led to the loss of 12 lives and to numerous injuries, as well as having a major impact on Cyprus’s infrastructure. The sovereign base areas have offered their assistance to the Government in the form of firefighters, ambulances, helicopters and any other help that might be required. Explosives experts from the bases have visited the site of the explosion, and a large number of SBA personnel have donated blood to the local hospital. I am sure that everybody wishes to send the House’s sympathies to all those involved and to their families.
The issue of the missing people of Cyprus is another tragic subject, and one that continues to affect Cypriots from both communities. Many families still do not know the fate of their loved ones, nor have they been able to bury them. We understand that it is an important and sensitive issue for all Cypriots and recognise that it needs to be resolved. Therefore, the work of the Committee on Missing Persons in Cyprus is of great significance. Since its establishment in April 1981, it has been one of the only institutionalised, bi-communal committees in Cyprus. The work of the 64 Greek and Turkish Cypriot scientists involved in excavations and anthropological analysis is a shining example of co-operation between the two communities on the island. The committee is all the more remarkable, given the sensitivity of the work that it carries out. Its mandate remains to investigate cases of persons reported missing in inter-communal fighting and the events of July 1974 and afterwards. Once remains have been identified, they are handed over to the family, in an emotional moment that requires and receives sensitive and respectful handling.
The committee does not attempt to establish the cause of death or attribute responsibility for the death of missing persons. I appreciate that that limitation has been criticised, but the committee relies on information to carry out its work, and much of that information is provided by members of the public who might not come forward if there were a threat of a criminal investigation. There are legitimate differences of opinion on the matter, but current practices might be the most likely to reach the desirable objective of bringing the situation to a resolution.
The UK fully supports and welcomes the excellent work of the Committee on Missing Persons. Although the UK has no control over its work, I hope the committee will conclude its work only after the cases of all the missing on both sides have been investigated fully. To achieve that, the CMP must be granted access to all areas where it needs to excavate. I urge all those in control of such areas, including the Turkish military, to co-operate fully with the committee and allow it to complete its vital work. Similarly, I encourage anyone with information that might be of use to pass it on to the committee.
My right hon. Friend the Minister for Europe visited the committee’s laboratory during his recent trip to Cyprus and was impressed by the progress being made. He met the Greek Cypriot and Turkish Cypriot employees and members of the committee, and it was clear that they work together with confidence. He also discussed the committee’s work with the Elders earlier this year just after their visit to Cyprus in February. To date, there have been 797 exhumations, and 286 remains have been identified. Of those 286, 226 were Greek Cypriots and 60 Turkish Cypriots. However, there is still much work to be done before all the families affected finally have a chance to close, in some manner, this tragic chapter in their lives and that of their island.
Jim Sheridan
In the few moments left, will the Minister tell us whether he will make direct representations to the Turkish authorities on behalf of the missing persons?
Mr Browne
I have heard the point the hon. Gentleman has made, and I will undertake to see what representations we can make to further the objectives I have just outlined. It is the position of the Foreign and Commonwealth Office and the Government as a whole that we wish to bring the process to a conclusion that will be satisfactory to the families involved.
Sir Alan Meale
Perhaps I can help the Minister slightly. He said a few moments ago that he would call on the Turkish authorities in the north of Cyprus and on the Turkish military to give access to all sites that might contain the remains of people who were killed. Perhaps one way is for the Foreign Office to approach the Turkish Government regarding allowing the CMP to access sites on the Turkish mainland, rather than on the island. That might be a way to express our view that the matter should be cleared up.
Mr Browne
I am grateful for the intervention. I underline again the point that the British Government wish this unhappy period of history to be resolved to the satisfaction of the families involved. In our view, barriers to that resolution ought to be removed. Where there are obstacles to exhumations and proper investigations, we wish to see progress made.
As a sign of our support, the UK has made four donations to the committee in the last seven years, totalling more than £100,000. The United Kingdom also donates to the committee’s annual budget through the European Union and recognises that contribution as both important and necessary. The UK will continue to support the work of the committee. It is an excellent example of bi-communal co-operation on the island, as Greek Cypriots and Turkish Cypriots work side by side in the laboratory and on the sites being excavated.
I express again my gratitude to everybody who has contributed to this debate and make an open offer. If Members wish to raise concerns about the issue, the Minister for Europe, who leads on the subject in the Foreign Office, will be more than happy to receive those representations as the British Government try to play our part in bringing the matter to a satisfactory conclusion.
Worklessness (Wales)
(12 years, 10 months ago)
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Hywel Williams (Arfon) (PC)
I am pleased to have secured a debate on a pressing issue at an opportune time. Unemployment in Wales, particularly unemployment among young people, is worrying. The valleys, for example, have the highest benefit claimant count not only in Wales, but in the United Kingdom. The report, “Tackling Worklessness in Wales”, by Sheffield Hallam university, is therefore timely, and I commend it to hon. Members. It is makes for interesting reading, and it is condensed in both the introduction and the conclusion for easy reading—for some hon. Members.
Unemployment is only one side of the coin, as the titles of the debate and of the report indicate. Unemployment is in some ways merely a consequence of the lack of a job. That sounds self-evident, of course, but I sometimes get the feeling that some commentators—not all, by any means, on the Government side—see unemployment only as an aspect of a personal failing. Reading the tabloid press, it is sometimes portrayed as an aspect of personal wickedness, but obviously people cannot work if the jobs are not there or if their personal circumstances make it difficult or impossible for them to set up on their own. I left a secure job at a university to set up on my own six years before I was elected as an MP and fell in with a bad lot here. Six years of self-employment taught me a great deal.
There are two themes to my contribution: first, I will discuss the dire unemployment and economic activity figures; and, secondly and significantly, I will examine the need to take robust steps to create work. Sheffield Hallam university estimates that we need 170,000 extra people in work in Wales to bring us up to the standard of the best parts of the UK. That is a huge challenge. I immediately accept that the previous Government took great steps to increase the number of people in work. I know that this Government have that aim, but it is a huge number to reach.
Jessica Morden (Newport East) (Lab)
In the Select Committee on Welsh Affairs, which just met upstairs, the Secretary of State for Wales could not answer the question posed by the Sheffield Hallam report of where the private sector jobs will come from for the thousands of people coming off incapacity benefit due to the Government’s welfare changes. Does the hon. Gentleman agree that the Government should slow down and look at the dire consequences of what they are doing?
Hywel Williams
I agree with the hon. Lady. The changes in welfare are being brought forward too quickly, but I am also concerned that the work on the other side of the coin—creating jobs for people who will hopefully be leaving the benefits system or unfortunately be moving to lower levels of benefit—is not being prosecuted sufficiently.
Figures were released in the report today, and the situation in Wales is particularly worrying. I hope that referring to only some of them will mean that I am not tediously repetitive, but they make for interesting reading. The total number of jobseeker’s allowance claimants in my constituency is 1,245, and there were 364 jobs available at the jobcentre in the month in which the figures were collected, which is 3.42 claimants per job. If one adds in everyone who is on Department for Work and Pensions benefits, the total figure goes up to 5,590. I share the Government’s ambition of moving people who have been long-term sick or disabled back towards work. I agree entirely with that, because work is good for everyone, but it is a huge challenge just in my constituency.
In the most dire example in Wales—Rhondda—there are 2,315 claimants, which is 28.23 claimants per job, so there are 28 or 29 people chasing every job. I accept that some jobs are not advertised, but are available elsewhere. [Interruption.] The hon. Member for Aberconwy (Guto Bebb) is smiling. Hopefully, I have drawn one of his teeth. I accept that statistics can be misleading, but there are 12,540 DWP benefit recipients, which means 152.93 claimants per job. The challenge is enormous. Incidentally, if, Mr Weir, you were sad enough to have looked at the debate on my ten-minute rule Bill about three weeks ago, you would have seen that the hon. Member for Rhondda (Chris Bryant) claimed that the figure is 84 per job. Presumably, he knows his constituency better than I do, and possibly the official statistician, but he says 84 and I say 152.93. The challenge is enormous.
I am afraid that the situation is the same throughout the valleys. For example, Cynon Valley has 122 DWP benefit recipients per job. Interestingly, when one looks at the other side of the coin—where the jobs are—Alyn and Deeside has more than 1,000 jobs posted, so the figure there is 1.55 claimants per job, which is almost a job for everyone who is claiming JSA. That is a good situation to be in, but it stands out in Wales as the exception rather than the rule.
Guto Bebb (Aberconwy) (Con)
I congratulate the hon. Gentleman on securing the debate. Does he agree that the situation in Deeside, for example, is indicative of the fact that the manufacturing base there is extremely strong? The Government will emphasise developing the manufacturing sector rather than depending on state-created jobs, as the previous Administration did.
Hywel Williams
I agree with the first part of the hon. Gentleman’s intervention. I have long been a supporter of manufacturing, although it is not a prominent sector in large parts of rural Wales. The situation in Alyn and Deeside is helped by the fact that it is immediately adjacent to the Cheshire plain, where there are many jobs, and the huge investment in Airbus. There are lots of reasons, but it is a situation to which some people in the valleys might aspire. Alyn and Deeside has had a lot of Government help to reach that position.
The final column of figures is striking. It shows that there are nearly 72,000 JSA claimants, which is nearly 4.5 claimants per job, and more than 350,000 people on DWP benefits, which is nearly 22 claimants per job. The figures are breathtakingly difficult to cope with for any Government, either here or in Cardiff. The total Jobcentre Plus jobs available in June was a little over 16,000. We are talking about an enormous problem, and I do not envy the Minister or the Welsh Assembly Government, who are of a different political stripe but who have the same sort of aim, their jobs.
Some groups are hit particularly hard, and there is an issue of gender. There are now more women claiming JSA than at any point since the previous Conservative Government were in power in 1996. Across the UK, the number of women claiming JSA rose by 9,300 last month to a 15-year high of 493,000. That shows that there is an issue for women. The figures are expected to worsen, because the coming cuts are to the public sector, where there is a preponderance female employment, so women will be hit harder again. About two thirds of people employed in the public sector in the UK are women, so there is a differential effect.
The cuts come at the same time as a report from the Chartered Institute of Personnel and Development notes that unemployment will remain high across the UK until 2015. The report was produced by crystal-ball gazers, so one has to take the figures with a pinch of salt, but that is their prediction. A real fact, which I think the hon. Member for Aberconwy has referred to, is that we know that 77,000 Welsh people have been claiming out-of-work benefits for 10 years or more. That is a startling and unhappy fact.
The Government’s welfare reforms are predicated on the assumption that jobs will be there for those who move off higher benefits. Welfare reform was originally partly introduced to encourage more people into work during a period of high unemployment, but it is now one of the more controversial aspects of the Government’s policies. The figures show clearly that the jobs are not available. I will not stray too far down this road but, in passing, there is a real danger that the net effect of job cuts, welfare reform and so on will be to force many people not into work but on to lower benefits.
Of course, the Government hope that the private sector will grow and take up the slack, but unfortunately growth is weak in the Welsh economy. In Wales, the private sector is weak and previous jobs growth in Wales was mainly in the public sector. I do not know whether there is a causal relationship and whether growth in the public sector leads to a weak private sector or the other way around—the private sector is weak and so public sector jobs take up the slack. We are talking about a complicated relationship.
We all agree that we must aim for jobs growth in the private sector. I do not blame the private sector in Wales, because we have to accept that the economy in Wales has been dealt successive blows for many years with the closure of heavy industry and the legacy of long-term illness and disability. As someone who belongs to a party that was in government until recently, I say that we must accept that economic policy in Wales, as conducted by Governments of every party, has not been as successful as we all hoped that it would be.
I hardly need to say therefore that I am in favour of developing the private sector. However, the private sector in Wales is intertwined closely with the public sector, and cuts in the public sector might endanger or even hamper growth in the private sector. The picture is complicated. The Sheffield Hallam university report states:
“The loss of public sector jobs will exacerbate the situation.”
We are looking at a complicated picture. Employment in the public sector is important but, of course, those sorts of jobs are going in the cuts. There might be a double blow to the Welsh economy of fewer public sector jobs and less business for the Welsh private sector.
I have long believed that we need to have better integration between job finding, job placements provided through Jobcentre Plus and the Work programme, and those Welsh Assembly Government Departments that can have a profound effect on people’s ability to take up jobs. I refer hon. Members to my ten-minute rule Bill, which I introduced a few weeks ago but did not get a Second Reading. I do not want to repeat the arguments that I made then, except to say that the Welsh Assembly Government have responsibility for services such as education and training, further and higher education, skills development, health and social services and child care—I could go on—and that a certain synergy could be achieved by better co-ordination with Jobcentre Plus and the Work programme. I have no doubt that those services could be better combined and co-ordinated to enhance jobseekers’ hopes of finding work.
The crux of my argument today is that we need not only to equip and motivate jobseekers better, but to introduce a variety of other policies that will provide jobs. We need a concerted effort at job creation and to provide long-term jobs rather than stop-gap placements that disappear after the target has been reached. That has been a feature of job creation in Wales over the past few years.
Guto Bebb
I could not agree more on the issue of creating long-term jobs. One of the sad facts of the situation in Wales is, in the 1990s, we were consistently at the top—or very close to the top—of the United Kingdom regional league table in terms of creating self-employment. In the past five years, we have consistently been in the bottom part of that league table and have, in fact, been in last position. The fact that the Government are introducing the enterprise allowance scheme again is a positive development, because a significant number of businesses in north-west Wales that were founded under the old enterprise allowance scheme still survive.
Hywel Williams
The hon. Gentleman makes a good and pertinent point. As I said, I am very much in favour of encouraging self-employers, and there are steps that we can take to do so. My entry into self-employment could not have been more disastrous. I left university and tried to claim a bit of benefit, as someone who supposedly knew something about the system, only to find that when I was down in Cardiff job hunting, I should have been at home signing on. I was therefore denied a bit of money that I might have claimed because I was not idle at home; I was out searching for that illusive job.
Other measures for which we in Plaid have argued in the past include a temporary cut in VAT to kick-start the economy. Of course, we recently had a vote on that. The Government parties voted against the proposals and I am afraid to say that the Labour party abstained. Some hon. Members will know that, since 2008, we have campaigned alongside the Federation of Master Builders and others for a specific cut in VAT on repair and renovation. Following last year’s ECOFIN decision, VAT on repair and renovation could go down to 5%. Other countries have followed that path by reducing VAT on labour-intensive industries, and they have had effective results. Many pre-1919 houses are in a particularly dire state and need fixing. That is peculiar to some parts of Wales, particularly the valleys. The work is available and there are, of course, the workers. What we need is a more favourable tax regime to encourage those workers to do the work. The Federation of Master Builders estimates that we could create about 100,000 jobs.
Hywel Williams
I will give way once more, but I am anxious to hear what the Minister has to say.
Guto Bebb
I am extremely grateful to the hon. Gentleman. May I concur with the comments that have been made? As a Member for an area that is very dependent on tourism, I have also heard the argument for a reduction in VAT for the tourism sector. Any Government who want to create enterprise and employment should look carefully at using the tax system to do that although, obviously, that has to be put in place once we have the public finances in order.
Hywel Williams
That is a moot point. I do not have the figures at my fingertips, but when VAT on construction services was reduced in Italy, a large number of people who were working cash in hand realised that becoming legal and paying a lower rate of VAT was worth while. Allegedly, the tax take went up, so given the Government’s current situation, it might be useful to consider that. I have not seen the operation of the famous Laffer curve being proven in such a way before but, allegedly, that was the case in Italy at least.
The 100,000 jobs that it is estimated that such an approach could create would be local, but there is also a strong equality case in favour of the policy. I put this question rhetorically rather than to the Minister: why should a young couple pay more for renovating their terraced house when a banker who retired early with a big pension pot does not pay VAT on his newly built ranch-style property in the south-east? I had to get that one in. There is an equality issue, and lots of young people are trying to renovate their houses, so the proposal would be a great help to them.
Lastly, as I realise that time is moving on, we also need to boost self-employment. I agree with the FSB, which estimates that the self-employed contribute £21 billion to the UK economy every year. It argues persuasively that self-employment is a key driver to achieving economic growth. That is particularly the case in Wales, as self-employment is a feature of much of rural Wales.
I agree with the hon. Member for Aberconwy when he argues for enterprise zones, particularly enterprise zones themed around certain types of activity. The only thing I worry about is that if we have enterprise zones throughout the UK—not just in Wales—they will not act as an incentive hub for a wider economic picture. In some places in the early 1980s, jobs were poached from other areas and the net effect was less than one had hoped for because, rather than creating new jobs, companies moved in to benefit from the improved climate within the enterprise zones. That is a particular worry. I understand that the Government intend to have such an enterprise zone somewhere in the north-west. I am not sure what is going to happen, but I will certainly keep an interest in the matter.
Irrespective of welfare reform, we need in Wales to boost the private sector, to equip our workers and workless people better, and to improve the integration of services to ensure that there are jobs for our people and prosperity for our country. We need a work creation programme—that is the missing part of the jigsaw. If that sounds a bit like the case for a future jobs funds 2, so be it, particularly if that is aimed at those who are inevitably at the end of the queue when jobs are being handed out—the long-term unemployed, and those incapacitated by illness or long-term disability.
The Minister of State, Department for Work and Pensions (Chris Grayling)
I congratulate the hon. Member for Arfon (Hywel Williams) on securing the debate. I will have to respond to him relatively briefly because I think I have only nine minutes in which to speak.
The hon. Gentleman made his points extensively and thoughtfully, but I do not recognise the degree of bleakness in the picture that he portrays. I recognise that unemployment remains a major challenge for us around the country—it is one of the most difficult parts of our inheritance. I accept that a number of areas of Wales, like a number of areas of England, Scotland and Northern Ireland, are affected by deep-rooted problems of worklessness. However, Wales has been one of the brighter spots in the labour market in recent times.
The hon. Gentleman talked about the private sector. In Wales in the past 12 months, the truth is that 31,000 net new jobs have been created. In reality, that represents a higher number of jobs in the private sector because the figure also takes into account job losses in the public sector. In the past year, Wales has proved that it is possible to grow private sector employment. Unemployment in Wales has fallen by 16,000. He asked where the jobs would come from. The truth is that in Jobcentre Plus in the past three months, nearly 48,000 vacancies have been taken in across Wales.
The total number of people on jobseeker’s allowance in Wales as a whole is 71,600. While I recognise that we have a challenge, and I particularly accept that we have a challenge in individual areas of Wales, the picture is not as bleak as the hon. Gentleman suggests. I certainly do not think that it is as bleak as is portrayed by the Sheffield Hallam research, which argues that, in the valleys alone, 70,000 more jobs would be needed. As the total JSA count for the whole of Wales is 71,000, I would have to say that its view is on the pessimistic side.
The hon. Gentleman is absolutely right—my hon. Friend the Member for Aberconwy (Guto Bebb) is also right—to say that we really need to support the growth of self-employment in Wales. A central part of the task of encouraging and fostering economic and employment growth in Wales is supporting the self-employed. That is why I am committed to the success of the new enterprise allowance in Wales, which will help people off benefits and into self-employment, and it is why I hope that the new Administration in Cardiff will make self-employment a particular focus of its work with business.
If I was replying to a debate about an English region, I would be setting out a number of other areas in which the Government are taking steps to try and deal with the unemployment and worklessness challenge, including through apprenticeships, which are an essential part of our strategy. Particularly for the young unemployed, apprenticeships are a much more cost-effective way of delivering support and opportunity than the extremely expensive future jobs fund, which provided six-month placements in public and voluntary sector organisations at a time when the best job opportunities were arising in the private sector. The cost of that scheme was three to four times more than even the new deal for young people under the previous Government. The scheme was not affordable and did not deliver clearly improved results on either value or outcomes in comparison with other schemes. Investment in apprenticeships delivers a much better alternative, so I hope that the new Administration in Cardiff will pursue that route.
It is also important that the new Administration in Cardiff do a good job on economic development. If we were talking about another part of the UK, I would be talking to the hon. Gentleman about the importance of the regional growth fund to invest in manufacturing, and research and development facilities, in those areas of the country that have lower levels of private sector employment and bigger employment challenges. Again, I hope that the new Administration in Cardiff will take the lead set by the coalition Government in Westminster to set up a similar mechanism to the regional growth fund to invest in precisely the kind of opportunities that he rightly says that Wales needs.
We are taking clear steps to try and deal with the issue of worklessness in Wales. Alongside the introduction of the new enterprise allowance, that is being done through two particular schemes. The first is our work experience scheme, which is designed to address the challenge that young people face to get a first foothold in the workplace. All too often, they face the challenge of not having the experience to get a job, and not being able to get such experience without a job. One thing I learned quickly on becoming a Minister was that the previous Government’s rules said that if people did more than two weeks’ work experience, they lost their benefits. That was crazy. We have now changed that rule and it is possible to do up to eight weeks on benefits while doing work experience.
In addition, we have turned the whole system on its head and are now actively looking for work experience opportunities for young people across England, Scotland and Wales in an approach that will give young people an opportunity to gain initial experience in the workplace and show potential employers what they can do. I hope that that will prove to be a route into apprenticeships. Again, I hope that the Government in Cardiff will work with us to ensure that there is a clear link between the work experience opportunities for which we are looking through Jobcentre Plus, those first few weeks in the workplace, and an opportunity for those young people to move into an apprenticeship.
The other part of our strategy to help the long-term unemployed is the Work programme, which is now operating throughout the whole country. In Wales, we have two providers: Working Links and Rehab Group. Rehab Group is one of our two part-voluntary sector prime contractor groups. Alongside those two prime contractors, there is a network of different organisations around Wales helping to provide specialist support for the long-term unemployed. What makes the Work programme different is that it is all about delivering much more personalised and tailored support to the long-term unemployed and those who are moving off incapacity benefit.
I would take another issue with the Sheffield Hallam report. As a result of the changes we are making to incapacity benefit, no one will lose benefits except those who are currently in receipt of contributory employment and support allowance, which will be time-limited, and those who have other financial means. If people do not have an alternative form of support, they are not suddenly going to be cast on to the streets, but that is a point about which the report gives a slightly misleading impression.
I describe the Work programme as a giant employment dating service. It is about matching individuals to the right job opportunity, and a job opportunity in which they are likely to stay. It is important to the providers that they deliver because we do not pay them unless they get people into sustained long-term employment. They cannot earn their full fees for a conventional jobseeker for 18 months after that person has entered work, so if someone ends up in the wrong job and is likely to drop out, the provider will inevitably lose out financially. The providers therefore have every incentive to ensure that they match individuals to the right job opportunity in which they have the best chance of staying.
The Work programme will deliver a much better support than has previously been the case. It unleashes best practice. It will succeed the most if it delivers what works the best. There are no diktats from Whitehall—no instructions about how to do this—because it is all about delivering what works for individuals. I am confident that the Work programme will take back-to-work support to a new level and help many of those people who are trapped in pockets of long-term unemployment in Wales to find and move into opportunities that arise.
I am confident that we will see economic growth across the country. The independent Office for Budget Responsibility is forecasting significant growth in private sector employment in the next few years, and that has already been happening in Wales. The key is to ensure—this was not happening under the schemes that we inherited from the previous Government—that those who are trapped on JSA and other benefits have, when possible, the opportunity to take advantage of vacancies when they arrive. Our reforms are all about making work pay, supporting people into work and trying to create an environment across the UK in which business can flourish, grow and develop. In Wales, with the additional contributions that I hope will come from Cardiff to work with us on economic development and creating opportunities for business to grow and develop, I hope that that will provide a solution to the very real challenges of worklessness in Wales that the hon. Gentleman rightly identified.
Question put and agreed to.
Written Ministerial Statements
(12 years, 10 months ago)
Written StatementsRead Full debate Read Hansard Text
Ratcliffe-on-Soar Power Station
(12 years, 10 months ago)
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The Solicitor-General (Mr Edward Garnier)
On 18 April 2011, Keir Starmer QC, the Director of Public Prosecutions, announced that following a review by Clare Montgomery QC, the safety of the convictions of the individuals who protested at Ratcliffe-on-Soar power station, should be considered by the Court of Appeal as soon as possible.
During that review, the CPS had been conducting an internal investigation into its own handling of the case. However, in light of growing concerns about the non-disclosure of material relating to the activities of an undercover police officer in this case and, following discussion with the Attorney-General and myself, the DPP said last month that he would establish an independent inquiry conducted by a senior legal figure. The DPP has now confirmed that retired Court of Appeal judge. Sir Christopher Rose will conduct this inquiry.
The terms of reference have been agreed with Sir Christopher and are as follows:
The independent inquiry will examine and make findings in respect of the following matters:
a. Whether the CPS approach to charging in this case was right, bearing in mind the known existence of an undercover police officer in the operation.
b. Whether the CPS and prosecution counsel complied with their disclosure duties properly in relation to the known existence of an undercover police officer in this case.
c. Whether the CPS arrangements in place for handling the known existence of an undercover police officer, including arrangements between the police and the CPS, the CPS and counsel and the local prosecuting team and the national co-ordinator, were adequate and properly followed in this case.
d. Whether the CPS followed all relevant guidance and policy in relation to the known existence of an undercover police officer in this case.
The independent inquiry will also make such recommendations it feels appropriate in light of the examination and findings set out above, including, if appropriate, recommendations about CPS policy and/or guidance and CPS arrangements for handling cases involving undercover police officers.
The independent inquiry has been established by, and will report its findings and recommendations to the Director of Public Prosecutions.
Sir Christopher will have full access to all the available evidence and will work in tandem with the IPCC inquiry into this matter. Both organisations are committed to sharing all relevant information and arrangements are being made to ensure there is meaningful liaison between the two inquiries. Inevitably this work will take time but will be completed as soon as is practicable. The Director of Public Prosecutions intends to make public the findings and recommendations of the independent inquiry.
Afghanistan Troop Levels
(12 years, 10 months ago)
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The Secretary of State for Defence (Dr Liam Fox)
The next roulement of UK forces in Afghanistan is due to take place in October 2011. The UK’s current framework Brigade in Helmand, 3 Commando Brigade, will be replaced by 20th Armoured Brigade. The forces deploying include:
20th Armoured Brigade Headquarters and Signal Squadron (200) |
Elements of 19th Light Brigade Headquarters and Signal Squadron (209) |
Headquarters 101 Logistic Brigade |
Elements of 845 Naval Air Squadron including members of the Maritime Reserve |
Elements of 846 Naval Air Squadron |
857 Naval Air Squadron |
1st The Queen's Dragoon Guards |
The Queen's Royal Hussars (The Queen's Own and Royal Irish) |
Elements of 5th Regiment Royal Artillery |
Elements of 16th Regiment Royal Artillery |
Elements of 26th Regiment Royal Artillery |
Elements of 39th Regiment Royal Artillery |
Elements of 40th Regiment Royal Artillery |
Elements of 47th Regiment Royal Artillery |
Elements of 25 Engineer Regiment |
35 Engineer Regiment |
Elements of 38 Engineer Regiment |
Elements of 71 Engineer Regiment (Volunteers) |
Elements of 12 (Air Support) Engineer Group |
Elements of 170 (Infrastructure Support) Engineer Group |
Elements of 1st (United Kingdom) Armoured Division Headquarters and Signal Regiment |
Elements of 10th Signal Regiment |
Elements of 14th Signal Regiment (Electronic Warfare) |
Elements of 21st Signal Regiment (Air Support) |
Elements of 22nd Signal Regiment |
3rd Battalion The Royal Regiment of Scotland (The Black Watch) |
1st Battalion The Princess of Wales's Royal Regiment (Queen's and Royal Hampshires) |
1st Battalion The Yorkshire Regiment (Prince of Wales's Own) |
2nd Battalion The Mercian Regiment (Worcesters and Foresters) |
2nd Battalion The Rifles |
5th Battalion The Rifles |
Elements of 1 Regiment Army Air Corps |
Elements of 3 Regiment Army Air Corps |
Elements of 4 Regiment Army Air Corps |
Elements of 9 Regiment Army Air Corps |
Elements of Joint Helicopter Support Squadron |
Elements of Allied Rapid Reaction Corps Support Battalion |
1 Logistic Support Regiment The Royal Logistic Corps |
Elements of 6 Regiment The Royal Logistic Corps |
Elements of 7 Regiment The Royal Logistic Corps |
Elements of 8 Regiment The Royal Logistic Corps |
Elements of 9 Regiment The Royal Logistic Corps |
Elements of 11 Explosive Ordnance Disposal Regiment The Royal Logistic Corps |
Elements of 17 Port and Maritime Regiment The Royal Logistic Corps |
Elements of 23 Pioneer Regiment The Royal Logistic Corps |
Elements of 29 Regiment The Royal Logistic Corps |
1 Medical Regiment |
Elements of 201 Field Hospital (Volunteers) |
Elements of 208 Field Hospital (Volunteers) |
3 Close Support Battalion Royal Electrical and Mechanical Engineers |
Elements of 19 Light Brigade Combat Service Support Battalion |
Elements of 101 Force Support Battalion Royal Electrical and Mechanical Engineers |
Elements of 104 Force Support Battalion Royal Electrical and Mechanical Engineers |
110 Provost Company Royal Military Police |
Elements of 173 Provost Company Royal Military Police |
Elements of Special Investigation Branch United Kingdom |
Elements of 1 Military Working Dogs Regiment |
Elements of 1 Military Intelligence Brigade |
Elements of 15 Psychological Operations Group |
Elements of 88 Postal and Courier Regiment (Volunteers), The Royal Logistic Corps |
Elements of 148 Expeditionary Force Institute Squadron (Volunteers), The Royal Logistic Corps |
Elements of 156 Transport Regiment (Volunteers), The Royal Logistic Corps |
Elements of 159 Supply Regiment (Volunteers), The Royal Logistic Corps |
Elements of 162 Postal Courier and Movement Regiment (Volunteers), The Royal Logistic Corps |
Elements of 166 Supply Regiment (Volunteers), The Royal Logistic Corps |
602 Tactical Air Control Party |
603 Tactical Air Control Party |
606 Tactical Air Control Party |
618 Tactical Air Control Party |
Number 3 Royal Air Force, Force Protection Wing Headquarters |
Elements of Number 2 Royal Air Force Police Wing |
Elements of Number 3 Royal Air Force Police Wing |
2 Squadron, Royal Air Force Regiment |
Elements of 101 Squadron Royal Air Force |
Elements of 39 Squadron Royal Air Force |
31 Squadron, Royal Air Force |
IX(B) Squadron, Royal Air Force |
2 (Army Co-Operation) Squadron, Royal Air Force |
Elements of 5 (Army Co-Operation) Squadron, Royal Air Force |
Elements of 18 Squadron, Royal Air Force |
Elements of 24 Squadron, Royal Air Force |
Elements of 27 Squadron, Royal Air Force |
Elements of 28 Squadron, Royal Air Force |
Elements of 30 Squadron, Royal Air Force |
Elements of 78 Squadron, Royal Air Force |
Elements of the Tactical Supply Wing, Royal Air Force |
Elements of 1 Air Mobility Wing, Royal Air Force |
Elements of 1 Air Control Centre, Royal Air Force |
Elements of 90 Signals Unit, Royal Air Force |
Elements of 2 (Mechanical Transport) Squadron, Royal Air Force |
Elements of 5001 Squadron, Royal Air Force |
Elements of 3 Mobile Catering Squadron |
Elements of Tactical Medical Wing |
Elements of 1 (Expeditionary Logistics) Squadron |
Elements of 93 (Expeditionary Armaments) Squadron |
Elements of Tactical Imagery Wing |
Elements of 5131(BD) Sqn |
Volunteer and ex-regular members of the reserve forces will continue to deploy to Afghanistan as part of this integrated force package, and we expect to issue around 530 call-out notices. On completion of their mobilisation procedures the reservists will undertake a period of training and, where applicable, integration with their respective receiving units. The majority will serve on operations for around six months. As part of this commitment we expect up to 24 members of the sponsored reserves to be in theatre at any one time.
The UK’s conventional force level will remain at 9,500 for the duration of the deployment.
I shall make a further statement on the units we expect to serve under 20th Armoured Brigade’s planned replacement formation, 12 Mechanized Brigade, nearer the time of their deployment.
Operational Allowances
(12 years, 10 months ago)
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The Secretary of State for Defence (Dr Liam Fox)
Our forces currently on operations in Libya are performing brilliantly and at considerable risk to themselves. We regularly review the payment of the operational allowance (OA) that recognises the risk and hardships faced by our forces on operations.
We have recently completed such a review, and have decided it is only appropriate to extend the OA to all those serving this country on operations in Libya.
This will result in the payment of OA to anyone operating within the land mass, airspace and territorial waters of Libya, including all aircrew operating over the Libyan land mass and to ships and submarines within 12 nm of the coast. Payment is based on the number of days within the specified areas, and will be backdated until 18 March 2011 with funding coming from the reserve.
In accordance with the agreed policy, those engaged in operations for which they are in receipt of OA on the day that individuals are notified—1 September 2011 for the Army and the RAF, 30 September 2011 for the Royal Navy —will be excluded from the redundancy programme. Similarly, those on a dedicated operational work-up package, of up to six months, or post-operational tour leave on the day of notifications will also be excluded.
Electoral Administration Provisions
(12 years, 10 months ago)
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The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)
I am announcing today the publication of draft legislation on three electoral administration provisions for pre-legislative scrutiny.
The draft legislation is intended to form part of a larger package of measures which will also include draft legislation on individual electoral registration (IER) which has been published separately for pre-legislative scrutiny.
The draft legislation addresses particular issues that have been raised by MPs and peers, and by electoral stakeholders, and proposes practical and sensible changes that will help to deliver more effective electoral administration.
The draft legislation includes provisions which extend the timetable for UK parliamentary elections from 17 to 25 days and similarly extends the timetable for UK parliamentary by-elections. The existing timetable for UK parliamentary elections and by-elections is considerably shorter than the electoral timetable for all other UK polls. The very limited time available for the postal vote process compromises effective participation in elections by certain types of voter, particularly overseas and service voters. Moreover, the existing timetable puts considerable pressure on administrative processes by compressing a large number of tasks into a short period, which represents significant risks to the effective conduct of elections.
Extending the timetable for UK parliamentary elections and by-elections will bring benefits for voters and administrators, as well as adding to the robustness and integrity of the electoral process. The Government propose that, within this extended timetable:
the deadline for parties to nominate candidates should continue to be six days after the start of the timetable, so parties will have the same time as now to put forward candidates to stand for election. In practice this will now be 19, rather than 11, days before the date of poll, which will allow administrators to begin printing ballot papers further in advance of polling day;
provision should be made for updated versions of the electoral register to be created at an earlier point in the timetable to allow postal votes to be distributed to new registration applicants earlier than is currently possible.
We also propose to address an oversight in existing legislation passed during the previous Government’s time in office which allows a candidate standing for a single party in a UK parliamentary election to use an emblem on their ballot paper, but does not allow jointly nominated candidates to do so. This issue has primarily affected candidates standing on behalf of the Labour party and the Co-operative party. The proposal will ensure that electoral law is consistent on this issue.
The draft legislation also makes changes to the existing system for reviews of polling districts and places in Great Britain for UK parliamentary elections to bring them in line with the five-year cycle for UK parliamentary boundary reviews implemented by the Parliamentary Voting System and Constituencies Act 2011 and the proposed cycle of parliamentary terms under the Fixed-term Parliaments Bill.
I am today sending the draft legislation to the Political and Constitutional Reform Committee for pre-legislative scrutiny.
A Command Paper setting out the draft legislation and associated explanatory notes will be laid before the House.
Munro Review of Child Protection
(12 years, 10 months ago)
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The Parliamentary Under-Secretary of State for Education (Tim Loughton)
On 10 June 2010, I informed the house that the Government was commissioning the Munro review of child protection. This was the very first review established in the Department for Education, underlining the enormous priority this Government place on getting child protection right.
From the start, we wanted the Munro review of child protection to be different. That is why, unlike its predecessors, it was not commissioned as an immediate response to a specific crisis. That is why Professor Munro’s final report—published in May—recommended that regulation and prescription are reduced rather than increased. And, most importantly of all, that is why it focused on the child, rather than the system.
I am extremely grateful to Professor Munro for undertaking a wide-ranging and in-depth review. I am also grateful to all the organisations in the sector, the child protection work force and the wider public, including children and young people themselves, who contributed to the review. Their experience, insights and expertise have helped make her final report so well informed, and so widely welcomed.
Just as Professor Munro conducted her review openly and collaboratively, the Government have worked with the sector to develop the Government’s response. An implementation working group, drawing on expertise from local authority children’s services, the social work profession, the police and, in particular, education and the health service, advised on the Government’s response to Professor Munro’s recommendations.
The Government commend Professor Munro’s thorough analysis of the issues and accepts her fundamental argument that the child protection system has lost its focus on the thing that matters most: the views and experience of children themselves. We believe we need to move towards a child protection system with less central prescription and interference, where we place greater trust and responsibility in skilled professionals at the front line.
The Government’s response is not a one-off set of recommended solutions to be imposed from the centre. Rather it is the start of a shift in mindset and relationship between central Government, local agencies and front-line professionals, working in partnership. Change will evolve and best practice will develop based on experience, innovation and evidence. Our aim will be to create the conditions for sustained, long-term reform which enables and inspires professionals to do their best for vulnerable children and their families.
Professor Munro will continue to advise the Government and will undertake an interim assessment of progress in spring 2012. I have placed copies of the Government’s response in the Libraries of both Houses.
Pesticide Residues Committee
(12 years, 10 months ago)
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The Minister of State, Department for Environment, Food and Rural Affairs (Mr James Paice)
On 14 October 2010, the Government announced the outcome of their review of non-departmental public bodies (NDPBs). This reported that the majority of DEFRA’s scientific and technical advisory bodies were to be abolished and reconstituted as expert Scientific Committees to provide advice on specific areas. As part of implementing these reforms, the Pesticide Residues Committee (PRC), which was a non-statutory advisory NDPB, has been abolished and replaced by an expert Scientific Committee from 1 July 2011. The new Committee will be called the Expert Committee on Pesticide Residues in Food (PRiF) to more accurately reflect its remit.
The PRiF Committee will continue to support DEFRA, the devolved Administrations and the Food Standards Agency on the scope and operation of surveillance for residues of pesticides in food and the significance to consumers of any residues detected.
The new Committee’s membership and terms of reference can be found on the PRiF website: http://www.pesticides.gov.uk/prc_home.asp.
Scientific Procedures on Living Animals
(12 years, 10 months ago)
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The Parliamentary Under-Secretary of State for the Home Department (Lynne Featherstone)
The “Statistics of Scientific Procedures on Living Animals—Great Britain—2010” (HC 1263), was laid before the House today. Copies will be available in the Vote office.
This annual statistical report meets the requirement in the Animals (Scientific Procedures) Act 1986 to inform Parliament about the licensed use of animals for experimental or other scientific purposes. It also forms the basis for meeting periodic reporting requirements at EU-level. Supplementary information with additional tables is also available on the Home Office website.
The 2010 statistical report shows that the number of licensed procedures started in 2010 increased slightly over 2009 to just over 3.7 million scientific procedures and constituted a rise of 105,000 (3%). This rise follows a slight fall in the 2009 statistical report. A number of factors, such as investment in research and development and strategic funding priorities, determine the overall level of scientific procedures
The Home Office, as regulatory authority under the 1986 Act, ensures that its provisions are rigorously applied and only authorises work that is scientifically justified and minimises the numbers of animals used and the animal suffering that may be caused.
The statistical report and supplementary information can be found at:
http://www.homeoffice.gov.uk/science-research/research-statistics/.
I am pleased to inform the House that I have also today placed in the Library the annual report of the Home Office “Animals Scientific Procedures Division and Inspectorate” for the year 2010.
Publication of the report honours a commitment given in response to a recommendation of the House of Lords Select Committee on Animals in Scientific Procedures in July 2002 that more information should be made available about the implementation of the Animals (Scientific Procedures) Act 1986.
As in previous years, the report explains what Home Office inspectors do and how they do it and the inspectorate’s role in assessing and advising on applications for personal and project licences and certificates of designation under the Animals (Scientific Procedures) Act 1986 and reporting non-compliance.
The report also contains information on the work of the ASPD policy and licensing teams; it explains how, in partnership with ASPI, ASPD have continued to work towards delivering our better regulation programme and new IT system; includes a section setting out the reporting of cases of non-compliance and infringements of ASPA and the outcomes of these cases (see annex D), and records progress with the adoption of European Directive 2010/63/EU on the protection of animals used for scientific purposes, which came into force on 9 November 2010.
Independent Safeguarding Authority
(12 years, 10 months ago)
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The Parliamentary Under-Secretary of State for the Home Department (Lynne Featherstone)
I am pleased to announce that the annual report 2010-11 and accounts of the Independent Safeguarding Authority (ISA) will be laid before Parliament and published today.
Copies will be available in the Vote Office.
Family Migration
(12 years, 10 months ago)
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The Minister for Immigration (Damian Green)
Today, I am publishing a consultation on family migration. Immigration has enriched our culture and strengthened our economy, but uncontrolled immigration places pressure on our public services and on community cohesion. The Government have already introduced a limit on non-European economic area economic migrants entering the UK; have reshaped tiers 1 and 2 of the points-based system to increase selectivity and skills requirements; have started implementing changes to tier 4, the student visa system; and are currently consulting on breaking the link between economic migration and settlement, and on other temporary work routes. These policies will reduce net migration, but we need to take action across all routes to ensure this returns to sustainable levels and we bring a sense of fairness back to our immigration system.
This consultation on family migration is the next in our programme of immigration reforms. In the year to September 2010, family migration accounted for around 17% of all non-EU immigration to the UK.
The proposals included in the family consultation are aimed at tackling abuse, promoting integration and reducing burdens on the taxpayer. A contribution to reduced net migration would be welcome but is not the primary goal. The focus is on delivering better family migration: better for migrants, for communities and for the UK as a whole.
The consultation concentrates on the family route: those non-EEA nationals entering, remaining in or settling in the UK on the basis of a relationship with a British citizen or person settled in the UK. This includes fiancé(e)s, proposed civil partners, spouses, civil partners, unmarried or same-sex partners, dependent children and adult and elderly dependent relatives. In 2010, 48,900 visas were granted to people on the family route, of which 40,500 were issued to people on the basis of marriage or civil or other partnership, and 8,400 were issued to dependants.
We set out firm proposals for reform of the family route. The key elements are: a minimum income threshold for sponsors to provide appropriate maintenance, on which we have asked the Migration Advisory Committee to advise; in line with other routes, extending the probationary period from two years to five years before a spouse or partner can apply for settlement (and before which non-contributory benefits may not be claimed. Access to the labour market, to the NHS and to schooling will be unaffected by this change); and a requirement to understand everyday English before settlement is granted. We propose that all those seeking settlement or citizenship should demonstrate an appropriate level of English, and we will consider whether changes to the current testing regime could further assist integration.
We also propose to help UK Border Agency caseworkers consider spouse and partner applications by defining what we mean under the rules by a genuine and continuing relationship, marriage or partnership; to end immediate settlement, and immediate access to benefits, on entry for spouses and partners who have been married or in a relationship for at least four years before coming to the UK, and for adult dependent relatives, including those aged 65 or over, and to require both groups to complete a five-year probationary period; and to look at arrangements for dependent relatives aged 65 or over to settle in the UK, reflecting health and social care costs to the taxpayer.
The consultation also invites discussion on some broader propositions, particularly in relation to tackling sham marriages and forced marriages. On sham marriages these build on existing joint work between the UK Border Agency and the General Register Offices across the UK, local registration services and the Anglican Church. They also explore the case for legislative change in England and Wales, including making “sham” an impediment to marriage and allowing a marriage to be delayed while a suspected sham is investigated.
It is important that we look at family migration in the round and so the consultation also deals with other family migration issues.
In 2010, 45,200 dependants under the points-based system were granted a visa with a route to settlement in the UK. The consultation proposes moving to a five-year probationary period and everyday English for settlement for the spouses and civil and other partners of points-based system migrants, in line with other groups.
Many British citizens and persons settled in the UK have family members living outside the UK. This results in a high volume of visa applications from people wishing to visit family here. In 2010, 350,300 family visit visas were issued, with around 73% granted on initial decision by the visa officer. In 2010-11, 95% of family visit visa applications were decided by the UK Border Agency within 15 working days.
We have reviewed the arrangements for the operation of the family visit visa. We are concerned that taxpayer funding of around £40 million per year is being spent on appeals where appellants are commonly misusing the appeals system, by submitting information on appeal which should have been put forward as part of the original application, or where a second application (costing another £76) is the most appropriate route for securing a visa. We are also concerned that this is a disproportionate use of taxpayer funding (for an appeal process which can take up 34 weeks to be concluded) for the benefit sought: a short-term visit to the UK. Greater priority should be given to appeal cases that have far-reaching impacts for the individuals concerned and for the public at large, for example asylum claims, settlement applications and the deportation of foreign criminals.
In the light of this, we are reviewing the full right of appeal for family visit visas and we invite views on whether there are circumstances in which an appeal right should be retained, beyond the race discrimination and human rights grounds which, in line with other categories of temporary entry clearance, will continue to be available.
Finally, the consultation invites discussion on the balance to be struck on article 8 of the European convention on human rights (the right to respect for private and family life) between individual rights and the public interest in public protection and maintaining immigration controls. Article 8 is not an absolute right and our proposals aim to set out requirements that must be satisfied in family migration cases which are consistent with our ECHR obligations. We also want to be clear about the circumstances in which the public interest will outweigh an individual’s article 8 right.
Details of the public consultation can be found on the Home Office website and a copy will also be placed in the Library of the House.
The consultation will run for 12 weeks, until 6 October 2011, and we will announce our firm plans in due course, with a view to implementing changes during 2012.
Identity and Passport Service
(12 years, 10 months ago)
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The Minister for Immigration (Damian Green)
The Identity and Passport Service annual report and accounts 2010-11 have been laid before the House today.
Copies will be available in the Vote Office.
Serious Organised Crime Agency
(12 years, 10 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
The Serious Organised Crime Agency (SOCA) has today published its annual report and accounts for 2010-11. I have laid a copy before the House and made arrangements to place copies in the Vote Office.
UK Border Agency
(12 years, 10 months ago)
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The Minister for Immigration (Damian Green)
The UK Border Agency annual report and accounts 2010-11 has been laid before the House today.
Copies will be made available in the Vote Office.
Squatters
(12 years, 10 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)
The Government have become increasingly concerned about the distress and misery that squatters can cause. Law-abiding property owners or occupiers who work hard for a living can spend thousands of pounds evicting squatters from their properties, repairing damage and clearing up the debris they have left behind.
I have met with hon. Members and corresponded with members of the public who have expressed concern about the appalling impact squatting has had on their properties or local neighbourhoods.
The Government do not accept the claim that is sometimes made that squatting is a reasonable recourse of the homeless resulting from social deprivation. There are options open to those who are genuinely destitute and who need shelter which do not involve occupying somebody else’s property without authority. No matter how compelling or difficult the squatter’s own circumstances are claimed to be, it is wrong that legitimate occupants should be deprived of the use of their property.
There should be no doubt about the seriousness with which the Government treat this problem or our determination to tackle it. The Housing Minister and I have already published new guidance on the direct.gov website for property owners on evicting squatters under existing legislation.
The consultation paper we are publishing today invites views on whether more should be done to strengthen the criminal law or its enforcement. We could do this, for example, by introducing a new offence of squatting; by strengthening existing offences that currently apply to squatters; or by working with the enforcement authorities to identify and overcome barriers to enforcement of existing offences that may be committed by squatters.
The Government acknowledge that some of the options they are proposing may have an impact on the enforcement authorities, local authorities, homelessness charities and other organisations. Any option we decide to pursue as a result of this consultation will need to be workable and affordable, taking account of the current economic climate and reduction in Government expenditure.
Of course, we must also tackle problems affecting the wider housing market and bring more empty homes back into productive use. The Government intend to publish an empty homes strategy over the summer and a wider housing strategy in the autumn, setting out the overall approach to housing policy, including how we are supporting an increase in the supply and quality of new private and social housing, helping those seeking a home of their own, whether to rent or buy. The Government have already made available £4.5 billion to help deliver new affordable housing through the affordable homes programme and as part of that, £100 million to bring empty homes back into use.
I am placing copies of the consultation paper in the Libraries of both Houses, but it can also be viewed on the Ministry of Justice website: www.justice.gov.uk.
Prison and Probation Services (England and Wales)
(12 years, 10 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
In the response to the Green Paper, “Breaking the Cycle: Effective Punishment, Rehabilitation and Sentencing of Offenders”, I set out a vision for a transformed justice system that will focus on public protection and cutting crime. An important part of delivering the changes I am committed to is ensuring that the services we provide are focused on delivering the best possible outcomes and the greatest value for money.
Competition between providers of our services can help us to meet these challenges as the previous Government recognised when they made contestability a feature of offender services when setting up the National Offender Management Service in 2004. The “Competition Strategy for Offender Services”, which I have published today, sets out how we will change the way we use competition to meet these aims. My approach is based on ensuring an effective balance between making services more efficient while reforming them so that they provide better outcomes for the public. In doing so, we will draw on a wide range of expertise from the private and voluntary sector, which will work in partnership with a strong public sector.
For offender services, I intend to employ the principle that competition will apply at some stage to all those services not currently bound to public sector delivery by statute. This will mean the benefits of competition can be felt much more widely, contrasting with the previous approach of only using competition when procuring new services or as a way of managing poor performance.
Underpinning this approach will be our commitment to apply more widely the principles of payment by results to services which reduce reoffending. By paying some or all of a contract value on the basis of the reduced reoffending levels achieved, we can focus service providers’ efforts on what works. This will ensure that money spent on rehabilitation is spent effectively. We intend to run a number of pilot exercises and competition will be a key mechanism in deciding which models we adopt.
In practice, this will mean taking a different approach for both custodial and non-custodial services. The use of competition in custodial services is now well established, as most recently demonstrated by the successful outcome of the competition for four prisons which I announced in March this year.
To ensure that we build on this strong record I am announcing today my intention to launch competitions for the management of a further nine prisons in the autumn. These are Lindholme, Moorland, Hatfield and The Wolds in Yorkshire, Acklington and Castington in Northumberland, Durham, Onley in Northamptonshire and Coldingley in Surrey. The Wolds is a prison run by G4S that has come to the end of its current contract; the other eight prisons are public sector establishments being competed for the first time. The public sector will have the opportunity to compete in all of these prison competitions.
These prisons have been selected by the National Offender Management Service to balance our need to increase efficiency and to make real the policy intent of the Green Paper.
Looking to the future, there is a need to consider the future shape of probation services in England and Wales to improve justice outcomes and to make the justice system more efficient and effective. I have asked my officials to explore the possible options for service improvements and different models of delivering offender services within the community. I will set out my preferred approach in the autumn. Alongside this, and supporting it, I will set out in detail my competition strategy for non-custodial services, which will also encompass the recently launched competition for community payback services, the competition for electronic monitoring contracts I am announcing today, and payment-by-results pilots in the community.
A further important element of our drive for greater efficiency is to ensure we have a modern, fit-for-purpose prison estate which can deliver high-quality, cost-effective and secure regimes. With the prison population not growing at the rate predicted by the last Government, we have an opportunity to close some of our more inefficient places.
I am therefore announcing the closure of HMPs Latchmere House and Brockhill. This will see a reduction of 377 prison spaces. This is part of an overall programme which includes a further 2,500 new prison places becoming available over the next 12 months. This will ensure that our operational capacity continues to handle the projected prison population in a way which meets the need both for greater efficiency and ability to support a strengthened focus on protection of the public and rehabilitation.
The closure of these places will provide estimated cost savings of £4.9 million this year and an on-going annual saving of £11.4 million. We also anticipate capital receipts from sale of the land at Latchmere House, which is in a prime location. We will transfer resettlement provision from that establishment to HMP Brixton to maintain our focus on reducing reoffending. We expect to be able to absorb staff displaced by this process elsewhere in the system and to avoid the use of compulsory redundancies.
The public have a right to expect continuing improvement in the quality and efficiency of public services, without compromising public safety. The competition strategy and adjustments to the prison estate I have outlined today will help ensure that this is the case.
Copies of the “Offender Services Competition Strategy” have been placed in the Libraries of both Houses. The document is also available online, at www.justice.gov.uk/publications/corporate-reports/moj/oscs.htm.
Intelligence and Security Committee
(12 years, 10 months ago)
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The Prime Minister (Mr David Cameron)
I am grateful to the Intelligence and Security Committee for its valuable work and its latest annual report, Cm. 8114. Following consultation with the committee over matters that could not be published without prejudicing the work of the intelligence and security agencies, I have today laid the report before the House.
The Government’s response to this report will be laid before the House after the summer recess.
Copies of the report have been placed in the Libraries of both Houses.
Crossrail
(12 years, 10 months ago)
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The Minister of State, Department for Transport (Mrs Theresa Villiers)
Crossrail will support economic growth for London and the UK. As part of the comprehensive spending review in October 2010, the coalition Government confirmed their commitment to the full Crossrail scheme. A re-phased programme of delivery means that Crossrail services will commence from 2018. We expect Crossrail to cost no more than £14.5 billion. Forecasts continue to suggest that Crossrail will be delivered within its existing funding.
Crossrail has made significant progress since the last annual update to Parliament. Crossrail Ltd has now let all of its key tunnelling contracts, and enabling works are continuing at a number of sites across central London. Construction is well advanced at Canary Wharf Crossrail station, and tunnel boring machines are expected to be launched in spring 2012. In April 2011, Crossrail passed through the final project review point, at which point the Department and TfL delegated full contractual authority to Crossrail Ltd to deliver the scheme. The new chief executive of Crossrail Ltd, Andrew Wolstenholme, was appointed in May 2011.
During the passage of the Crossrail Act through Parliament, a commitment was given that a statement would be published at least every 12 months until the completion of the construction of Crossrail, setting out information about the project’s funding and finances.
In line with this commitment, this statement comes within 12 months of my last one which was published on 15 July 2010. The relevant information is as follows:
Total funding amounts provided to Crossrail Ltd by the Department for Transport and TfL in relation to the construction of Crossrail to the end of the period (22 July 2008 to 29 May 2011) (excluding recoverable VAT on land and property purchases) | £1,484.605,000 |
Expenditure incurred (including committed land and property spend not yet paid out) by Crossrail Ltd in relation to the construction of Crossrail in the period (30 May 2010 to 29 May 2011) (excluding recoverable VAT on land and property purchases) | £723,475,000 |
Total expenditure incurred (including committed land and property spend not yet paid out) by Crossrail Ltd in relation to the construction of Crossrail to the end of the period (22 July 2008 to 29 May 2011) (excluding recoverable VAT on land and property purchases) | £1,884,254,000 |
The amounts realised by the disposal of any land or property for the purposes of the construction of Crossrail by the Secretary of State, TfL or Crossrail Ltd in the period covered by the statement | Nil |
The numbers above are drawn from Crossrail Ltd’s books of account and have been prepared on a consistent basis with the update provided last year. The figure for expenditure incurred includes moneys already paid out in relevant periods, including committed land and property expenditure where this has not yet been paid. It does not include future expenditure on construction contracts that have been awarded.
Grand Committee
(12 years, 10 months ago)
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Arrangement of Business
(12 years, 10 months ago)
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The Deputy Chairman of Committees (Lord Geddes)
My Lords, as is usual on these occasions, if there is a Division in the Chamber, the Committee will adjourn as soon as the Division Bells are rung and resume after approximately 10 minutes.
We resume on Amendment 83ZA. I understand that on the last occasion, Amendment 83ZA had already been put and that a lot of the debate has already taken place. If any noble Lord wishes to take up the cudgels on this amendment before the Minister responds, he or she should do so now.
Education Bill
(12 years, 10 months ago)
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Lord Puttnam
My Lords, this amendment is grouped with Amendment 107C tabled in my name and that of the noble Lord, Lord Willis. I want to add to what was said towards the end of the debate on Monday. I should say that I agree with every word that the noble Lord, Lord Willis, said. He is correct that technology is not an add-on, something it would be nice to have or that we ought to be looking at. Technology in education today is absolutely fundamental. Here I must declare a series of important interests. When I worked for the department for six years between 1997 and 2003, I became fascinated by the impact of new technology in education. On leaving the department, I became engaged with and subsequently joined the board of Promethean, a company producing interactive whiteboards. I still sit on that board. I am also chairman of Futurelab, which is an educational research charity. It is important to say that the reason I joined the board of Futurelab was to try and ensure that—
The Deputy Chairman of Committees
Perhaps I may intervene on the noble Lord for a second. Could I ask our expert in the corner whether the microphones are switched on because we cannot hear the noble Lord, Lord Puttnam, awfully well? Perhaps I may also suggest that noble Lords make sure that their mobile phones are turned off because it is their phones which are causing that curious buzzing noise.
Lord Puttnam
Thank you, Lord Chairman. I could go into detail about why I think this is so important, but perhaps I should go straight to something I read the other day which is absolutely factual. It concerns a teaching assistant and special needs teacher called Bev Evans at Pembroke Dock Community School in Wales. Bev Evans puts lesson plans up on the web using the TES Resources website. Over the past few years she has shared 276 teaching resources on the web with other teachers. As of last month, her work has been downloaded 1,345,330 times by 237,364 educators in 169 countries. Teachers save an average of 30 minutes per resource, the equivalent of 672,665 hours of teaching time, which is worth 431 teaching years. I cite that because it is a fantastic illustration of the way that technology has the ability to transform teaching and learning. These figures and indeed the whole concept would have been unimaginable a decade ago, so the role that technology now plays in education is fundamental.
To put it kindly, I am afraid that, at present, the White Paper is technology-light. I am concerned about that because the whole purpose is to start a serious conversation both at the department and with the Minister. We need the reassurance of knowing that this subject will not be like discussing the adaptation to or mitigation of climate change with someone who does not really accept that climate change is an important reality. This is a reality. The noble Lord, Lord Willis, sensibly cited the example of electricity. It is absolutely true to say that in the early part of the last century, the difference between the attainments of some children over others depended on whether there was electricity in their homes. That would allow them to do homework in the evenings, whereas those without electricity could not. Technology is as fundamental as that. That may sound like a large claim, but it is not an irrelevant one.
I am also puzzled because two weeks ago the Secretary of State, Mr Gove, made a really remarkable speech at the Royal Society. The second half of that absolutely nailed and eulogised the use of technology. He was completely clear as to how important the adequate but intelligent use of technology was to our competitiveness. He was very clear about the way technology is being used in other countries successfully and that we had to get our act together and make a success of it. He could not have been more crystal clear on that. Yet none of that speech is contained at the moment anywhere in the White Paper as I read it. It would be good for the Government, the country and, I suggest, the Minister if it were. The purpose of these two amendments is to try and ensure that that finds its way into the Bill and the Government prove for good and all that they are absolutely committed to technology within teaching and learning.
Lord Peston
Before the Minister speaks, I unfortunately missed the last meeting of your Lordships’ Committee. I broadly support what is said here but would like, as someone who spends a lot of time using this sort of technology, to offer one or two caveats. First, I know of no other way of wasting more time than in getting on to the net. It is not merely ordinary time-wasting because it is addictive. I am keen for our young people to get involved in all this but we should not be naïve about it. When I come into your Lordships’ House, I am one of the early arrivals at 8.30. By 9.30 I am fed up to the teeth and immediately log-on. I start typing into my machine. Some two hours go by and I have looked at The Wasteland by TS Eliot—you can download it for free, which surprises me. I then begin to wonder if that is a better poem than The Love Song of J Alfred Prufrock. That is all good for young people except for the amount of time that it takes. Equally, one should not be naïve in assuming that they will do as I do and look for intellectual, aesthetic and scientific things. They will spend a lot of time mucking around. I am not saying a word against any of this being the right path to go down—quite the contrary. We really must go down this path but I wanted to add those words of caution.
The other words of caution already emerged in your Lordships’ earlier deliberations. For a lot of young people, we are talking about a great deal of money. As much as I support my noble friend’s Amendment 107C, it would cost quite a lot of money. Also, one should not forget how many homes still do not have computers. That was perfectly clear from the earlier discussion. It again troubled me a little that—I have forgotten where I read it now, but it was apropos of what is developing in California—increasingly if you do not submit your work via computer it ceases to be acceptable. Are we absolutely certain that we want to be completely committed to that path? I am quite certain that, were our successors to read my speech a generation from now, they would say, “Well, they really had some old fogies in those days, didn’t they?”. By then, it will just be the norm but we should just be a little cautious about the path to that norm. Nothing of what I have said should be interpreted as meaning anything other than support for technology in schools. As I say, the world wide web is a fantastic treasure trove of valuable things. We certainly want our young people to use it. I simply add the caveat that there is a little more to this than just saying what a wonderful thing that is.
The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)
First, I agree very much with the view expressed by the noble Lord, Lord Puttnam, and with the powerful speech made by my noble friend Lord Willis on Monday, when we last discussed this before being rudely interrupted. My noble friend was absolutely right that the effective use of technology clearly supports good teaching and helps raise standards.
As he argues clearly, it is not an either/or between, for example, Shakespeare and technology. I have had that conversation with the noble Lord, Lord Puttnam, before. He made the case powerfully to me that technology can bring Shakespeare within reach of people for whom the traditional way of books would be much harder; it can bring it to life in a way that the Arden set might not.
My noble friend was right to suggest on Monday that there has been too much emphasis on the technology itself, the kit, and the idea that we could transform teaching simply by spending money on computers or whiteboards. I know that the noble Lord, Lord Puttnam, agrees with that. By the same token, I accept that there are far more exciting ways of learning than just by Latin primer.
One point that was not raised about technology is the fact that we have an extraordinarily successful market in educational technology in the UK. We are a leader, so there are strong commercial reasons why we should support it. We want to encourage sharing of evidence of effective practice in the use of technology and improved teacher skills in using it. My noble friend and the noble Lord, Lord Puttnam, have given me a useful nudge—I think that that is the word—or prod about the importance of that.
We are talking to a number of interested parties—school leaders, professional bodies, educational charities, industry, academics and other experts—about how the department should take forward its thinking about technology. Given the pace of change, we think it important to allow schools and teachers themselves, working with industry, to respond to the changes. We want to give teachers the freedom to choose how to use it to create lessons that engage their pupils and enable them to achieve their full potential. The noble Lord, Lord Puttnam, gave a powerful example of how that is happening. The noble Lord, Lord Puttnam, and my noble friend talked on Monday about having a conversation with the department. I would certainly welcome such a conversation and invite both of them and any other noble Lords with an interest to help us develop our thinking.
Access to computers and the internet is an important point. Clearly, that can have benefits for the whole family. We know that many schools offer access to ICT before and after normal school hours to help pupils without access at home. Other schools are working with charities such as the e-Learning Foundation and the commercial sector to provide access. We want more of that.
On resources, the financial situation is obviously difficult. We seek to support disadvantaged pupils directly through the pupil premium. The premium enables schools to decide for themselves how best to spend additional resources to support disadvantaged pupils. On Monday, my noble friend gave the figures for the extent to which there is a disparity between rich and poor—unsurprisingly—of access to computers. The premium may well include providing computers and broadband connectivity if the schools think that that is the most effective approach for particular children in the circumstances that they face.
The Government certainly recognise the important role that technology can play in supporting education. We are considering that within government. I ask my noble friend Lord Willis—and, as I said, any other noble Lords who would be interested in such conversation—to help us with our thinking. I certainly accept the fundamental importance of the subject, as my right honourable friend the Secretary of State set out in the recent speech to which the noble Lord, Lord Puttnam, referred. On that basis, I ask my noble friend to withdraw the amendment.
Lord Willis of Knaresborough
I warmly thank the Minister for his thoughtful comments and for the way in which he wishes to tackle this issue and take it forward. I thank the noble Lords, Lord Peston and Lord Puttnam, for their support. I confess that the comments of the noble Lord, Lord Peston, reminded me of St Bede, who wanted a book out of the Vatican library and set off walking from St Albans all the way to get it. You can imagine that when Caxton brought the printing press to Britain, people said, “It’s not the same as having to walk to Rome for it”. We have to be careful, and I take the comments that he made.
What excites me about the investigation—having been watching my wife recently, who has just found Google as well as most shopping sites—is the excitement of seeing children find new information and new ideas. That is what learning is about; it is not simply dealing with what you are taught but finding out information yourself. Experiments have been done in Africa where solar-powered computers have just been left for young children to explore them, and they have been able to access Google and information across the world without any further training. Youngsters today are hardwired into this technology, and to be able to use it is important.
I looked, as did the noble Lord, Lord Puttnam, at the Secretary of State’s speech and was hugely encouraged by what he had to say. I mentioned in my earlier remarks that I do not believe that the Secretary of State is a Luddite. He sometimes hides his passion for technology under a bushel or behind volumes of Shakespeare but it is important to take it out. He talks about Du Sautoy, the Li Ka-Shing fellowship and Professor Khan’s work; these are remarkable initiatives to bring learning to millions of youngsters around the world. We need to be part of that, but you can do so only if you have good technology in school that is being used wisely and effectively and you have access to that at home as well. As the Government, local authorities and other statutory bodies move forward with delivering more and more on the internet—rightly, in my view—it is children who become the educators of the future. It is for that reason that I hope that this will be taken forward.
I thank the Minister for his comments. We will take up his offer of a meeting with him and his officials. With those assurances, I beg leave to withdraw the amendment.
“Duty to assign point scores
(1) Ofqual shall, on request, assign a point score to each grade of a qualification that is taken at any independent school as part of their Key Stage 4 curriculum.
(2) The point scores so assigned shall bear an appropriate relationship to the scores assigned to GCSE qualifications.
(3) Ofqual may make an appropriate charge for this service.
(4) All qualifications to which such point scores have been assigned shall be recorded, in an appropriate fashion, in school performance tables.”
Baroness Perry of Southwark
I move this amendment on behalf of my noble friend Lord Lucas, who I think is rowing for the Lords at the moment. As is quite clear from the wording, the amendment asks the Government to consider whether it is necessary for only qualifications that are accredited by Ofqual to be counted into the points score for individual schools. It is now not only independent schools but many others that offer the international baccalaureate, for example, and other professional and vocational qualifications may not be accredited by Ofqual but are accredited by other perfectly respectable and widely acknowledged bodies. As I understand it, Ofqual has within its remit only about 15 per cent of all qualifications; the other 85 per cent are variously accredited by other organisations, many of which, as I say, are themselves well accredited.
The purpose of my noble friend’s amendment is to ask the Government to consider whether they should collect data on all qualifications gained, assuming that they have proper provenance and whether or not they are within the empire of Ofqual. On his behalf, I beg to move.
Lord Lingfield
My Lords, I rather support the amendment because, as my noble friend Lady Perry said, a large number of schools, not just in the state sector but in the independent sector, are considering innovation as regards examinations. A number of very grand independent schools can consider these and not worry about any point scoring that comes out in league tables throughout the country. However, many other schools cannot afford to take these initiatives in a way that they might wish to. This is a good idea. I am not certain what the minutiae of it could be, but I very much hope that the Minister will take away the point made by my noble friends Lord Lucas and Lady Perry and look at it carefully.
While we are on the subject of Ofqual, noble Lords will remember that huge difficulties were mentioned in the newspapers during the previous round of examinations which did not show some of the awarding bodies in a very good light. I understand that there were nine incidents overall. I am sure that the Minister will correct me if I am wrong, but my understanding is that Ofqual can impose two types of sanction on the awarding bodies—first, a rap over the knuckles, which may not be very effective; and, secondly, the nuclear option of striking them off the list, which may not be in any way suitable and could cause great difficulties. Therefore, will the Minister and his colleagues consider a third option that could involve a series of fines for various circumstances that would add seriously to the sanctions available to Ofqual? Perhaps some of the difficulties that arose last year and caused distress to pupils and schools will not arise in the future?
Lord Sutherland of Houndwood
My Lords, I support the remarks that have just been made. Ofqual is in its early stages; it has set off on what is essentially a new path with new powers given on the Floor of this House, among other places. It is important that Ofqual has the powers and flexibility to maintain a reputation that will be essential if standards are to be properly observed in this country.
Lord Boswell of Aynho
My Lords, very briefly, this is my maiden contribution to this consideration in Committee of the Bill. I am a former Minister, and perhaps I should formally declare that I am a fellow of City and Guilds, although I have no operational responsibilities there.
I also warm to this idea. There was a time—if noble Lords wish to look it up; as I recall, it was Section 24 of the Further and Higher Education Act 1992—when it was in the hands of the Minister of the day, who happened to be me, to exercise a kind of nuclear option whereby everything that was not authorised could be extinguished. That is an extreme version and one that every year we fought off enacting. I am very glad that we did. The world is a much more protean place now. I happen recently to have had correspondence with the Minister’s colleagues in the department about some very sensible input by the French inspector general of education, which I had not expected to be made in quite the tones that it was. It certainly was not insular.
We should allow Ofqual, as a new institution, the maximum slack to pursue its interests and duties. There are concerns about the quality of the examination system, although I suspect—given the sheer industrial volume of what is processed through the system, including the number of entries and scripts—it is perhaps not surprising that mistakes are made from time to time. However, at least let us not ask Ofqual to confine its activities to a narrow schedule in presenting the achievements of schools and the options that it can take. My message to the Minister would be to keep as much flexibility as we reasonably can.
Baroness Wall of New Barnet
My Lords, this is also my maiden intervention in this Bill. I support the final comments that were made, for two reasons. First, I declare an interest: I work with and support EAL, a bespoke awarding body. Its view is that the extremes that are currently available are really quite worrying. Secondly, and importantly for it, if we do not have those opportunities to bring to a halt and remedy the situation, it does no good for those awarding bodies that try very hard to make sure that they work very well. For those reasons, I support those comments. Perhaps the Minister will think about whether there is something in between, but certainly something detrimental should happen if things are not working out well.
Lord Hill of Oareford
My Lords, on the core point of this amendment, we certainly want to create a system that encourages all schools to offer high quality qualifications and gives pupils and parents the clearest possible information. To achieve this, first, we are committed to giving everyone access to the underlying data on all the qualifications taken in schools, in both the independent and state sectors. We plan to publish all the information the department holds on schools in a single place in a way that is accessible to everyone. We have made some steps already in opening up information on qualifications and we intend to do more. This puts parents in a stronger position to judge whether a school is meeting their child’s needs.
However, qualifications reported in performance tables should first be accredited by Ofqual in order to secure standards. Ofqual’s scrutiny provides a safeguard that qualifications are rigorous and challenging. It is open to all the qualification-awarding organisations to present the qualifications that they offer for accreditation. The majority of qualifications taken in the independent sector and all qualifications taken in the state sector are accredited.
In recent years, school performance tables have shown schools’ performances based on a system of equivalencies, which have ascribed a points value to a wide range of qualifications, and presented information about schools’ performance based on those points. However, sometimes that approach serves to conceal more information than it reveals, and it treats very different qualifications as if they are the same. Both may be excellent, valuable qualifications in their own right but they are not necessarily the same.
We want to try to give parents detailed and specific information about qualifications and not lump it all together. It is also the case that the current system of equivalencies has created some perverse incentives for schools to offer courses that score highly in performance tables but are not necessarily in the best interests of the children concerned. That is why we have accepted Professor Wolf’s recommendation that we should replace the existing performance table measures based on equivalence points and try to introduce more sophisticated criteria for deciding which qualifications should count in performance tables in future.
My noble friend Lord Lucas is extremely experienced in slicing and dicing data and I would welcome the chance for him to come in and talk to officials about whether there are ways that we can benefit from his experience and put it to the most effective use.
My noble friend Lord Lingfield raised the possibility of Ofqual taking a more nuanced approach, with a range of sanctions rather than the current, as he described it, rap over the knuckle or the nuclear option, and that perhaps it would be sensible to have something more graduated, maybe with some kind of fine. It is clear from the comments that have been made that the Government ought to think about that and reflect on it, to see whether it could be made to work in a sensible way, and to give Ofqual this kind of power as it develops. I am very happy to take those suggestions away and see whether that is something we can do and come back to at a later date.
With that and with the earlier points on the performance, I hope my noble friend feels able to withdraw her amendment.
Baroness Perry of Southwark
I am grateful to the Minister for that reply and the detail that he offered. I am particularly pleased that he is prepared to consider the possibility of Ofqual not being the only arbiter of whether a qualification is acceptable. Perhaps I should have said in introducing my noble friend’s amendment that there are many good examples, in both state and independent schools who work closely with their local industry, of vocational or professional qualifications given by, for example, some of the large worldwide computer companies and so on. I would suggest that those have a rather greater standing internationally than that of simply Ofqual. It is an inhibitor on those kinds of relationships between local industries and schools if the qualifications that could form part of the collaboration are not recognised in the school’s league tables. I am sure that my noble friend will wish to take this further and I would be happy to join in those discussions. In the meanwhile, I will withdraw the amendment.
Baroness Hughes of Stretford
Amendment 85A and Amendment 86B, in my name and that of my noble friend, relate to Clause 24. Among other things, the clause transfers some of the functions of the Qualifications and Curriculum Development Agency to the Secretary of State—principally, those functions to do with the approval of attainment targets and the development of the national curriculum and supporting materials. Having already debated the demise of a number of non-departmental public bodies and outside agencies in the course of the Bill, noble Lords may think that, among the many important issues concerning us, it is not a priority to take up this issue with the Government. This is not simply about saving another quango. It is important to understand what the process will be for changing the national curriculum if the QCDA or some other similar, independent body does not exist—as will be the case if Clause 24 is approved unamended.
The argument deployed in the other place in support of the abolition of the QCDA was that, to quote Nick Gibb,
“responsibility for the curriculum has always rested with the Secretary of State, both under the previous Administration and this, and nothing is changing as far as that is concerned. The QCDA simply acted on behalf of Government in advising and helping to design the curriculum and, as such, no functions are transferring from the QCDA to the Department”.—[Official Report, Commons, Public Bill Committee, 24/3/11; col. 642.]
This is a partial and one-sided claim. Most importantly, it fails to acknowledge the very important element of independence and transparency, if not to the final decision which the Secretary of State of the day will take but to the process of review, and of recommendation and advice to the Secretary of State that ought in my view to precede any changes to the curriculum. There has in fact been an unbroken history of statutory advisory bodies on such matters since the Board of Education Act 1899. The first specific statutory NDPB to advise on the curriculum and assessment was established under the Education Reform Act 1988. Since then, this role has been continued by one such body or another—and for good reasons.
In 1988, in the debate on the establishment of that first statutory non-departmental body, one of the most respected educationists of the 20th century, Lord Alexander of Potterhill, drew an analogy with the role of the national curriculum in Germany in 1935 in establishing Nazism. This may be an overly dramatic analogy for the House of Lords in 2011, but the independence of advice on curriculum and assessment has always been an important point of principle for this House in its debates. Current Ministers are prepared to change or influence the curriculum without the transparency of that independent advice or evidence. For example, noble Lords may be aware of the systematic change that has occurred in the guidance to primary schools, in which every reference in the text to “phonics”, introduced by the previous Government, has, without discussion, been changed to “synthetic phonics”. Also, the Government’s unilateral introduction of the prescriptive EBacc shows unusual levels of willingness to interfere.
This clause opens the door to any future Secretary of State directly to change the national curriculum in a way that is either politically motivated or, more likely, implements the pet theories or hobby horses of Ministers. Again, there is concern that we are already beginning to witness that, with views being expressed that, for example, history should be about the rote learning of Kings and Queens and their dates, and in the view of the current Minister for Schools that education should principally be about core knowledge—and core knowledge as he defines it. I am not saying that those are not valid views—they may indeed be valid—but they are contested by a wide range of views in the profession. That contest and debate about what is important ought to be transparent during any process of review.
Amendments 85A and 85B would try to ensure that the Secretary of State must demonstrate that the process of review of the national curriculum is independent of government. That would provide assurance to parents and pupils about the content of the curriculum. Amendment 86 tabled by the noble Baroness, Lady Walmsley, and the noble Earl, Lord Listowel, who cannot be here today, would require an advisory board to ensure some independence. In their amendment, they are trying to reach the same point.
The department issued a statement which, I suspect, was meant to allay our fears, but it compounds them. Although the Secretary of State of the day will make the final decisions about the national curriculum, what matters is the process of consultation and review—its comprehensiveness, impartiality, scope, transparency, the independence of the analysis of the responses, and the recommendations then made to the Secretary of State, who may or may not accept them. Unless the process of reviewing consultation is independently conducted so that people can be assured that it is comprehensive and takes into account all the views, and that someone independent of government is trying to make sense of it to formulate an analysis and recommendation, then following the demise of the QCA with no other body taking its place, all that I have mentioned would be under the control of the Secretary of State and civil servants. They would decide who to consult, which evidence was reported publicly and the conclusions to be drawn—and all potentially supporting the decisions that the Secretary of State originally wanted to make.
I contend that that cannot be right. Whether it is the QCDA or another body, surely an independent body must be in charge of the process of consultation. The results will then rightly be handed to the Secretary of State of the day, who will make the decision and be accountable for them. It is important that everyone—all of us and the parents and public— can see the basis on which those important decisions are made.
I will draw another analogy. It occurred to me whether we would ever think about doing this as regards health. I wonder whether, if there were a review of the best and most effective treatments for cancer, we would contemplate giving the whole process to the Secretary of State and to officials in the department, rather than to a representative body of professionals and others to form an independent evaluation of the efficacy of treatments and make recommendations to the Secretary of State. We so easily seem to slip into the assumption that with education we can do things that we would not dream of doing with other professional bodies. This point has been raised before. I ask the Minister to comment in his summing up on the points I have made, but also to explain how the Government can justify this degree of control over this process by an elected politician. I beg to move Amendment 85A.
Baroness Sharp of Guildford
I have been asked by my noble friend Lady Walmsley to speak in support of Amendment 86, which is in her name and that of the noble Earl, Lord Listowel. By laying this amendment, we wish to reiterate the importance of the Secretary of State having the benefit of independent advice on changes in the national curriculum. This picks up the points which have just been made by the noble Baroness, Lady Hughes.
My noble friend Lady Walmsley is very grateful indeed to the Bill team who have briefed her about the processes taking place, and above all about the transparency that currently exists between the Secretary of State and the QCDA, and the fact that these will remain under the new proposals. However, the note that the team provided says:
“Following the passage of the Education Bill, the Secretary of State will remain responsible for making proposals to change the national curriculum and will still be able to ask another body to advise him if he wishes to do so”.
It is the phrase “if he wishes to do so” that bothers us from the Liberal Democrat stance. We would like to ensure that the Secretary of State always takes advice from experts on these matters. As we heard last Monday, the curriculum is vital, and other countries are not as fixated as we are on what exactly is taught. The high level of prescription in this country goes somewhat counter to the claims that teachers are trusted as professionals. In other countries, the design of the curriculum is very different from the one that seems to be emerging in this country when we look at the remit for the expert panel which are to advise the Secretary of State.
In Singapore, for example, core values are emphasised. These are self-awareness, self-management, social awareness, relationship management, and responsible decision-taking. One cannot imagine all of this being delivered without the compulsory teaching of life skills, and indeed if we look in detail, this is exactly what we find: at the core are things like health education, PSHE, citizenship, global awareness and physical education. Surrounding these are knowledge skills—which include languages—maths and science, and, lastly, humanities and the arts.
In New Zealand, the key competencies are critical thinking and problem solving, using languages, symbols and texts, managing self and relating to others. In Australia, there are three core interrelated strands which include heath and physical education, personal and interpersonal development and citizenship interwoven with subject knowledge and cross-curricular skills. Indeed, thinking processes are included in nearly all these curriculums, and these are three very successful education systems which I think we can learn from.
However, none of these issues seems to emerge in the remit for the expert review panel; it mainly talks about knowledge and facts. We would like to know how the panel’s remit has been arrived at. The note from the Bill team says that the remit is always very important, and we can well believe that. But looking at it, we rather doubt whether what comes out will be anything like the curriculum of those very successful countries. This is one reason why this particular amendment has been put forward.
Lord Peston
My Lords, I rise to support my noble friend Lady Hughes and to echo the words of my old friend, the noble Baroness, Lady Sharp. I suppose I reveal every time I speak in your Lordships’ Committee what a dinosaur I am, but deep down, I do not believe there should be a national curriculum. Equally, I do not believe in banging my head against a wall, when I will be on the losing side. I believe in education, and I have great difficulty in seeing any connection between education and a national curriculum.
I was prompted to think about that when my noble friend Lady Hughes mentioned that the Secretary of State is keen for all children to learn the dates of the monarchs of our country. We just debated an amendment on technology and all that. To prove that my Alzheimer's is not as bad as it is, I start with Her Majesty the Queen and work back to as many Kings and Queens as I can think of, but for the life of me, these days, I cannot remember the dates at all. I cannot think of any reason why that is a problem for me, because I go to Google, I type in William IV and Mary, and up come their dates.
Lord Peston
My Alzheimer's is worse than I thought it was. The Secretary of State must be aware of that technology. Other things are in the national curriculum that, when I was at school, I found inimical to education. Geography was the most extreme example. We were made to do geography. I was not persuaded then and I am not persuaded now that geography should be part of anybody's education. If I want to know where somewhere is, again, I go to my computer. These days, I have to type in the name of countries that did not exist in my day, but I can find out where they are.
I believe that education is about finding things out and appreciating them—all that my noble friend and the noble Baroness, Lady Sharp, said. If we all reflect on what was the best part of our education and schooling, it was things that were not merely part of the curriculum but, in my case, not something I was ever examined on. I was in the economic sixth at Hackney Downs School and the headmaster decided that economics was clearly not part of education. He told the English master to see the five of us who had taken that option in the sixth form. The English master, Mr Brierley, who was the great discoverer of Harold Pinter, introduced us to things that we had never heard of, one of which has become a total obsession of mine—philosophy.
To return to my earlier remarks, I have wasted more time reading about analytical philosophy than I care to remember, but that was part of my education. Perhaps the Minister can enlighten me, but I do not believe that those responsible for our national curriculum have ever said that rational argument and logical reasoning are what education should be about. All that tells me that the last people—having worked at the Department of Education as its first ever special adviser, I include in my admonitions officials as well as the Minister—who should be deciding these things once and for all are Ministers and their officials. We need outside comment.
I partly address my next remark to my noble friend Lady Hughes. The one thing that gives me hope is that, although I entirely support her amendment, the department should know that many of the rest of us still have our views. Therefore, if something comes up that we think is totally crackers, the department will still hear from us on this subject, whether we are officially consulted or not.
Lord Willis of Knaresborough
I shall take us back to the amendment. I do not have any great love for the QCDA. It was not a perfect organisation; in fact, none of these organisations is perfect. The Government’s aim in terms of the drift of the Academies Bill is that by the end of this Parliament every secondary school will be an academy. That is the reality. One of the powers of an academy is that they are able to have control over their curriculum. Will the Minister give an assurance relating to schools that become academies and this small core of national curriculum subjects? Where will they get their guidance from regarding decisions on the appropriateness of those subjects? That is an important consideration and an important function that the QCDA had.
Baroness Howe of Idlicote
My Lords, I am also one of those who think it pretty important that the curriculum is seen to be independent of Government. I am thinking about the future of what is planned. It is said that the QCDA may well not have been the most successful of bodies, but it did a pretty adequate job nevertheless. We do not have any clear idea where it is going, but one is told and one hopes that some of the bodies will be transferred to other organisations. If the advisory body that will be giving advice to the Government as and when required—this is important—it should be much more available on an independent basis to the emerging range of academies. There will be a need for good independent advice. I am inclined to support all these amendments, but will bear in mind what the Minister says in his reply about plans that will be seen to be more satisfactory to the Committee.
Lord Sutherland of Houndwood
My Lords, I am happy to reassure my noble friend Lord Peston that philosophy occasionally plays a part in schools. I could take him to a couple of primary schools not six miles from here where it is argued by the head teachers that it improves behaviour in the playground. However, that is a separate matter.
On the amendments before us, it is important that we get this matter right one way or the other. I do not accept the connection to 1935, and nor does my noble colleague who proposed the amendment, but if you look at the argument and the tussle going on in Scotland at the moment over the history curriculum then you will pause and have thoughts about where decisions are finally made and on what basis. There is an issue here.
Two things are clear. First, in the end the Secretary of State has the responsibility to make the decision. That is the current decision and I rest content with that. Secondly, though, the Secretary of State, however clever, will need advice. That advice is of great interest to Members here and elsewhere. I would not propose going backwards and effectively reconstituting the QCDA. We have been there and done that, and there were problems; let us think new thoughts. My own inclination as a time-served academic is that when the Secretary of State publishes changes to the curriculum, he or she publishes, as a good academic would, a series of footnotes and references to the advice sought, who gave it, to whom it was given, what the advice was and whether it was well evidenced. That would give me much greater confidence than setting up a board.
There is no final expert opinion on what should be in a curriculum. The risk for the QCDA and any successor would be an assumption that there was a right answer. There is not; there are nuances and leanings in different directions. In the end, that should be a matter for the Secretary of State to take a view on, but we need to know what the advice was so that we can protest if necessary.
Baroness Benjamin
My Lords, I agree that philosophy is very helpful to young children. It helps them understand who they are and how they fit into this great big world. I hope the Minister can assure us that when we take advice about what should be in the curriculum, there will be representation of our diverse society in the approach that it takes. I believe that will go a long way to helping people from diverse backgrounds understand who they are and how they fit into our society.
Lord Hill of Oareford
My Lords, in abolishing the QCDA we are not seeking to give the Secretary of State greater control over the curriculum, nor do we wish to reduce the external expertise that can be brought to bear on qualifications or curriculum policy. As the noble Baroness, Lady Hughes of Stretford, and others have acknowledged, the formal accountability to Parliament for the curriculum, qualifications and national curriculum assessment will remain as it is now, with Ministers. I note that no one has fought for the QCDA to be maintained in its current form. By removing it, we will bring the delivery of those essential functions, which are continuing, back into the department. This will improve clarity and transparency, simplify the system and save money.
As has been pointed out, under the existing legislation, the Secretary of State already makes decisions in respect of the national curriculum. What will change is that the Secretary of State will become directly responsible for taking forward the statutory consultation process whenever the national curriculum needs to be amended. In future, the Secretary of State will have to have more direct responsibility than has arguably been the case previously, for changes to the curriculum, for justifying how the decisions to make those changes have been arrived at, and their implications.
I hope I can give some reassurance to noble Lords on the issue that I think lies at the heart of this. Consultation on changes to the national curriculum will continue to be a requirement. The Secretary of State will have to conduct a formal consultation with interested parties, including local authorities, schools, teachers and others—the kind of people that my noble friend Lady Benjamin mentions. The precise groups with which he will need to consult are, as now: associations of local authorities, bodies representing the interests of governing bodies, organisations representing school teachers and other persons with an interest in the proposals, which is a fairly broad group. Everyone would have to have a reasonable opportunity to make representations, there would have to be a consultation, and the Cabinet Office advice, as now, is that that should be for at least 12 weeks. After the consultation has ended, the Secretary of State has to consider the responses and must publish a summary of the views expressed—which relates to the point raised by the noble Lord, Lord Sutherland of Houndwood. The summary published by the Secretary of State will deliver the degree of openness and transparency for which noble Lords have argued. Then, as now, final decisions would remain with the Secretary of State.
The Government are certainly committed to ensuring that everyone with an interest in the national curriculum is given an opportunity to offer their views. The current review of the national curriculum, launched in January, is being conducted in an open manner and we are looking for views from a wide range of interested parties. Once we have published our proposals for a new national curriculum early next year there will be further wide-scale public consultation before final decisions are made.
My noble friend Lady Sharp asked about international evidence. The expert panel to the current curriculum review is looking at the curricula used in the most successful education jurisdictions, including Singapore, Australia and New Zealand, but if I can find more detail I will send that to her. My noble friend Lord Willis asked about academies. As he knows, academies are required to provide a broad and balanced curriculum and we think that that has been successful to date. Although they will not be required to teach the national curriculum, we hope that by slimming it down and making it less prescriptive academies will want to use it as a benchmark. All the material previously available to schools from the QCDA will be accessible to all those schools that want to use it. Finally on the national curriculum, so regards the current review, we intend to publish all the evidence we have considered when we bring forward proposals.
We think that the arrangements are in place to draw on appropriate advice as policies are developed. We do not believe that the abolition of the QCDA will lead to increased government power or control over what I accept are critical elements of our education system. There will be safeguards to ensure transparency and hold the Secretary of State to account.
Lord Willis of Knaresborough
I am grateful to the Minister for giving way. An academy will have total control over its curriculum and will not have to consult anyone about the subjects it teaches. While I take his point that most will want to follow the national curriculum, if an academy wanted to substitute creationism for Darwinism in its science curriculum, will it be able to do that without having to ask permission of the Secretary of State or to consult with anyone else? Is that correct?
Lord Hill of Oareford
It is not the case that the teaching of creationism in science, for example, is possible in academies because I believe that there are safeguards in place to prevent it. Further, there are various ways through the funding agreement by which one can exercise control. The basic point about freedom over the curriculum is that, through the funding agreement, academies need to provide a broad and balanced curriculum that includes English, maths and science. That is the degree of specificity over the governance.
Baroness Morris of Yardley
The Minister’s answer to his noble friend’s question is substantially right in that if a school tried to teach creationism, something would happen to prevent that. I accept that. But I thought his comments on how that would happen were interesting. He said that something in the funding agreement would stop it. I cannot imagine that a funding agreement would be drawn up merely to prevent creationism being taught in a school, which leads me to believe that the agreement also gives the Secretary of State further influence and powers over the curriculum in academies. Can he explain what those powers are and how they might be used?
Lord Hill of Oareford
The point on the funding agreement is the one that I mentioned to my noble friend Lord Willis, which is that the agreement specifies that academies will provide a broad and balanced curriculum that includes English, maths and science. I will need to follow up on the point about creationism and write to the noble Baroness explaining what the mechanism is to prevent that happening. It is prevented and I will make that clear in a letter.
On that point, I would now ask the noble Baroness, Lady Hughes, to withdraw the amendment.
Baroness Howe of Idlicote
Could we all have a copy of the letter explaining how creationism is prevented being taught?
Baroness Hughes of Stretford
I thank the Minister for his response and all noble Lords for their contributions to this important issue. The point raised by the noble Lord, Lord Willis, is extremely important and reflects one of the constant challenges in the Bill. We are debating proposals for change, many of which will not apply if the brave new world in which every school is an academy comes into being. It is an issue that I want to raise later in relation to admissions. In response to the Minister’s offer to provide a letter specifically in relation to creationism, perhaps it could be sent to all noble Lords so as to address the broader question raised by my noble friend Lady Morris of Yardley. Precisely what control does the Secretary of State or anyone else have over other potentially unwanted developments in the curriculum at an academy? It might be some other obscure and unusual development, so it would be good to know what controls are in place.
The Minister acknowledged the point that decision and accountability rests with the Secretary of State, and I perfectly accept that. The point at issue here is the process that leads up to that. The Minister has said that the Secretary of State, not the QCDA or some replacement for it—none of us is defending any particular body; we are talking about the process in principle—would have responsibility not only for the final decision but for the process of consultation. While the Minister has given some assurances that the Secretary of State will consult with the three groups that the QCDA now has to consult—the local authorities, governing bodies and teachers—beyond that, the parameters of the review will be determined by the Secretary of State and not by an independent body. Therefore, any academics which the Secretary of State chooses to include in the process of review beyond those three groups can simply be those academics which support the view that the Secretary of State starts off with. While it may be of some assurance that the written submissions may be published at the end of the process, it will be too late for someone with alternative views to be consulted.
Officials sent round a note on how the new process would work. I do not know if every Member received it, but my noble friend and I did. It states that beyond those three groups which have to be consulted on a statutory basis, the Secretary of State will,
“need to give notice of the proposal to any other persons with whom he thinks it would be desirable to consult”.
The difference that we can all recognise is that at the moment the range of additional people is decided by an independent body, not the Secretary of State who has to make the final decision. That is a crucial difference.
There is another crucial difference at the end of that process. Whereas the QCDA at present must arrange for a full report to be published, the advice that we are given by officials is that,
“After the consultation has ended, the Secretary of State will consider the responses and publish a summary of the views expressed and a draft of the regulations”
that he wants to bring forward. In other words, it is again in the gift of the Secretary of State to decide what to publish and what to reveal about what was said during the consultation process. That is not an acceptable process in this day and age, and there needs to be some division in terms of the independence of the consultation, the analysis, the recommendations and the final decision of the Secretary of State. We may return to this matter on Report but, for now, I beg leave to withdraw the amendment.
Baroness Jones of Whitchurch
My Lords, I shall speak also to Amendments 86B, 86C, 86D, 86E and 86F. These relate to concerns about the future of schools careers advice and to the increasing concern of professionals and employers that the Bill is failing to meet the real challenges facing this sector.
Before I continue, I acknowledge with thanks the letter of 8 July that I received from the Minister, which set out in more detail what is envisaged in the new career guidance service. I shall paraphrase it, although I am sure that the Minister has his own version. It says, first, that Connexions was not providing a consistently high-quality service to all young people and that it had to change. To a certain extent, I would agree with that. Secondly, the letter also goes on to argue that schools should be left to organise their own careers provision and be held to account only through what is described as a “destination measure” of where young people go when they leave school. We very much disagree with this approach and I shall explain why shortly.
First, I will deal with the end of the ring-fenced funding for Connexions and the transition to the all-age careers service, which is covered in our amendments to Clause 26. All the evidence shows that Connexions careers services around the country are closing as we speak. A desperately worrying scenario is developing of a cohort of young people being left with no careers advice at all, as one service ends and nothing substantial is yet in place to replace it. The department appears to have passed the buck on to individual schools rather than have a coherent transitional plan. As the ASCL has said:
“More than 2 million young people aged 16 to 19 could lose out on valuable careers services while the Government overhauls the national careers advice service at a time when young people’s unemployment is reaching record highs”.
Meanwhile, we are all still awaiting the detail of the design of the new all-age careers service: its duties, the services it will provide, where it will be located and how it can be accessed. In the Commons debate, the Minister said that the new service would be ready to go this September, with the full service in place from April 2012. In the mean time, the Secretary of State has stated that in 2011-12 school budgets will not rise to take account of their new legal responsibility to provide careers guidance for young people, as set out in this Bill. This lack of ring-fencing means that schools will be forced to find funds from existing budgets, leading to the inevitable conclusion that the Government intend to provide careers services on the cheap. Perhaps the Minister could explain what interim provision is being made for those young people awaiting a full careers service next year. I am sure that he will acknowledge that this is particularly fraught given the current high levels of youth unemployment. Our first set of amendments would achieve the simple but important aim of delivering continuity by requiring the Secretary of State to report to Parliament on the details of a transition plan before the new careers service can take effect.
We move on to the next set of amendments in this group, which define and improve the package of careers advice young people should be able to access in the future. Our amendments are set against a backdrop of increasingly complex careers choices being faced by young people and evidence that lack of information is seen by young people as one of the main barriers to their participation in education or training post-16. We do not accept that the quality careers guidance that we all know is necessary can be delivered simply by the publication of data on pupils’ post-school destinations. For example, there will be a terrible temptation for providers to push young people into destinations which score more highly rather than those that play to their individual strengths and interests. At the same time, there will be a real challenge to keep accurate statistics and track the longer-term destinations of young people. There may be statistics on their destinations immediately after school but surely what we are interested in is the longer-term careers choices they make as a result of the careers guidance that they get.
The Government have indicated that going forward the duty to provide careers advice may be satisfied by phone or online services. While we recognise that this may have a role, we absolutely do not accept that this is enough to ensure that young people get tailored guidance in tune with their talents, abilities and aspirations. Young people are happy to talk on the phone to their friends for hours, but when it comes to talking to someone older or someone in authority, all too often they pass the phone to their parents and ask them to make that phone call for them. I genuinely do not think that young people will be confident enough to deal with quite complicated issues on the phone. In the same way as they require a face-to-face environment for mentoring or indeed teaching, this type of contact is just as necessary when young people are discussing their future job plans and their future life. Therefore our amendments would require schools to provide high quality, face-to-face careers advice.
This advice is particularly important to children from backgrounds where they do not have access to a social network of people in a variety of jobs, and even more so when the parents do not work or where there is intergenerational unemployment. Good careers advice can make a big difference in driving social mobility, expanding pupils’ horizons and helping them to see themselves working in different environments. We believe that these matters are too important to be left to schools’ discretion. We also foresee the possibility of a postcode lottery developing, with careers services around the country varying considerably depending on the resources available, thus mirroring some of the problems we have already identified with the Connexions service.
Our amendments also address the age range when young people should be able to access advice and the frequency at which it should be provided. The Bill limits careers advice to those aged between 14 and 16. That is not good enough. EngineeringUK, for example, has identified the need for much earlier advice through what it calls the “Year 8 dip”, which is when the appetite for tough science and maths decreases in young people. The organisation goes on to say:
“We believe that at this point, and at other critical points along the academic pathway, we need well informed careers advisers in schools able to inspire and inform young people about careers in engineering and other science, technology, engineering and maths areas”.
We agree with that analysis, and it could equally apply to other subject areas. One careers advice session held during the term when a student leaves school is too late. It should be provided at regular intervals before key milestones in a pupil’s academic life, and our amendments would provide for that.
Finally, the amendments also seek to ensure that only those trained in careers guidance can provide the formal careers advice to which pupils are entitled. Without these amendments, there is no guarantee that advice would be provided by a trained professional or that it would cover the full range of options, including academic and vocational options. I accept that in the guidance the noble Lord may well refer to that it is seen as something that is “desirable”, but our amendments would make it an explicit requirement.
Lord Boswell of Aynho
My Lords, I shall speak to Amendment 86G which is tabled in my name and I shall touch on some of the wider issues that have been raised by Opposition Members in introducing this debate. Perhaps I should say at the outset that I am a member of the independent Skills Commission, although it is not a formal interest. It has members from different parties as well as a large number of professionals. Some years ago the commission was involved in drawing up a report on independent advice and guidance in which, interestingly, we placed quite a lot of emphasis on reporting the growth in social media and online resources as well as the conventional role of the careers service. I shall come back to that in a moment. I, too, have a strong engagement with apprenticeships. The work preparation for, or the option of, opening up young people’s eyes to the world of work is critical and, as I have already adverted to the Committee, I had previous responsibility as a Minister for progression from schools and FE.
First, I acknowledge the huge amount of good done by individual careers teachers and in guidance. That is an important distinction in the Minister’s proposals set out in his helpful letter to Members of the Committee, which draw a distinction that is often blurred between education and guidance. While I acknowledge how much has been done in the past—and it is 20 years since I had ministerial responsibility—there have, in my experience, always been patchiness, failures in the system, and a system that is less ideal than the one we would wish for now. In particular, there have always been two problems in schools. The first is the moral hazard of schools seeking to keep hold of pupils who might be much more properly referred to, and have much more successful opportunities within, further education or the private training provider route. Secondly, there is a simple cultural difficulty, which is that some of those schools—particularly if they are teaching conventional and general academic subjects—are not aware of the whole complexity of the issue. That very much centres on, for example, the offer that is now made in apprenticeship frameworks, which are qualitatively different from what was available some years ago.
We have been tentatively trying to get this right for a number of years. As a result of some of the concerns that I expressed at the time, we moved towards a system of contractorisation in the 1990s. We then came back to a measure of centralisation, or at least standardisation, through the Connexions service—although that also varied very much in its salience to the target audience—and locally, in my view. Now, my noble friend the Minister, whose initiative I welcome, is providing in this clause a new duty on schools to secure independent guidance.
We were talking in the previous group of amendments about philosophy. Probably the only lesson that I remember from my moral philosophy days—although it is important—is that there is a distinction between saying that something ought to happen and saying that there ought to be a law to ensure that something happens. In this place, we should all be mindful that it is not absolutely necessary to ring-fence and litigate to achieve everything, and that there is an important duty on schools to say, “We need to think about this, obtain independent advice, and make sure that that advice is perceptibly independent”.
It is therefore important that in drawing the distinction we are not subverting the need for schools to provide good-quality careers education or work experience. They should open up the eyes of young people to the opportunities before they make critical decisions. I was once caricatured as saying at the margins of the Skills Commission, “Oh, you are in favour of work experience for five year-olds”. It is not quite like that but there is a point at which we need to keep the two worlds of education and of work at least in touch with one another through the whole school career. I am delighted that the noble Baroness, Lady Jones, is nodding. I think we understand that we need to do that, and it is something on which schools need to continue to focus.
We then reach the point of gateway—the moment of serious consideration of the next stage. It is terribly important, for the reasons of moral hazard that I mentioned, that we make it clear that schools are expected to take independent advice and guidance at that point, in the interests of their pupils. That can be supplemented by the electronic media and all the rest of it, but it is a necessary stage.
The spirit of my amendment and my concern is that we are feeling our way in trying to provide a better service in the interests of young people—one that enables them to express their choices. The Government are right in doing that. There have been concerns from the Institute of Career Guidance and other professionals. I can understand why many of them feel very strongly about it, but I would say that the status quo has not been entirely successful and we need to look at a better way of doing this that respects the different roles in education and guidance, and mentoring and development, and moves on to the adult careers service whose introduction is to be welcomed. We need to make sure that there are no wrong doors or closed doors, and that people are given good signposting through the process. In that connection, the substance of my Amendment 86G would be to say, “Do not subvert the Government’s proposals now, but do leave it open and make it a requirement on the Government to report back within three years”. I do not quite accept the tone of the noble Baroness which suggests that everything is falling apart now, although of course I understand her concerns. I do not believe that that need necessarily be the case at all. If I am wrong about that, I would at least like to feel that Ministers are monitoring this within a finite period of time, so that we may ensure –and I hope this time to achieve—the best possible experience and support for our young people.
Baroness Brinton
My Lords, I rise to speak to Amendments 86AA, 86CZA and 86DB in my name and that of the noble Baroness, Lady Sharp of Guildford. I want to start by commenting on the last point made by the noble Lord, Lord Boswell of Aynho. There is a real crisis currently in career advisers’ roles as local authorities face some very difficult decisions, and a review even in a year’s time will be too late. I therefore support the proposal made earlier by the noble Baroness, Lady Jones of Whitchurch, that there be a transition plan to make sure that we do not miss it.
Our amendments focus on very specific issues arising out of the new proposals for the careers service. The first is a slightly technical one regarding schools being the responsible body for careers advice. In theory this makes sense. However, the draft legislation removes the right of local authorities to enter the school and to ensure that careers advice is appropriate. This is particular bizarre since local authorities are specifically charged with ensuring that children with special needs and those in PRUs get the advice and support that they require. The same is also true for the National Careers Service, which has no right to check on the quality of careers advice and guidance. I suppose it could do so from a distance, but, frankly, there may be occasions when it would want to look at a specific school. I therefore hope that the Minister will look at this matter again, and will make sure that the bodies charged with responsibility for careers advice nationally, but also those locally with very specific responsibility for the most vulnerable pupils, actually have an opportunity to check what is going on in schools.
I fully support the proposal that advice and guidance must be independent. I am grateful to the Minister for his helpful letter and detailed attachment which has already been referred to. Ambitions for the new careers service are set out well therein. However, the Bill is silent on some key issues which would provide reassurance and guarantee independence and the excellence quality. First, there are no plans for quality assurance to assess whether schools secure that independent, impartial careers advice and guidance. In response to the question on how the Government will monitor the new duty, the note from the Minister says:
“Schools should be accountable to the pupils, parents and communities they serve in respect of this duty”.
I suspect that most pupils, parents and communities would find the very onerous duty of monitoring quality control somewhat beyond them. I am not sure that it fulfils what we seek to cover in our amendment.
Much has been said about the importance of technology in an earlier amendment. But we are really concerned about face-to-face advice and guidance disappearing from the Bill. Young people often do not know the breadth of what is on offer, despite the fact that some excellent web careers advice is available: for example, Careers Box, with little video snips on YouTube and young people talking about their experiences of apprenticeships or their first time in work. The difficulty is that young people often do not know what is out there, and starting to look is very difficult. I can give you an anecdote from the time when I was chair of the Cambridgeshire Learning and Skills Council, where we had a very severe shortage in the construction industry of both plumbers and electricians. If you ask most 12 and 13 year-olds who know they probably want to do something with their hands whether they want to go into construction, the chances are that they will say no, and I am not sure that many school teachers would automatically guide them in that direction.
The LSA and FE colleges worked with careers advisers and Connexions to really give young people an opportunity. I am pleased to say that within one year both plumbing and electrical courses were oversubscribed and continued to be because word went back to these young people’s peers. If we remove from the loop the very specialist knowledge that careers advisers have, we might well have a problem if advice is not independent and certainly if it is restricted to just the experience that schools have.
Lord Peston
In supporting my noble friend, I start by placing this whole problem in a proper context. A five year-old going for the first time to school this autumn has a life expectancy of 85 or maybe 95 years. The thought that you can really tell them about the world in which they will pursue their working lives is rather difficult. In my younger days as an economist in the economics of education, I wrote a number of papers about relating education and what should be in education to the needs of the economy. I did not realise that they were rubbish at the time that I published them but it was obvious that they were rubbish not many years afterwards. Those days have somewhat gone, although they did not hold me back in my career.
The central point about what careers advice will have to focus on is this long period—most of which, from the point of view of the economy, is difficult or even impossible to forecast. The advice given must really concentrate on that aspect of the matter. That means that it must overwhelmingly be professional.
If I may move into anecdote mode, after I had left the LSE as a lecturer to become a professor, one of my old friends who was still a lecturer said to me, “One of the students has just been to see me. He is thinking of dropping out of his degree because he has a pop group. What advice would you have given him?”. I said, “Get your degree first and then possibly think about the pop group”. He said, “I gave him the same advice and he more or less told me to drop dead”. The student's name was Mick Jagger. That is a very good example of why giving casual, off-the-cuff careers advice to people is not the path to go down. That does not mean that the professionals can get it exactly right, but I am certain that my noble friend is right to emphasise that careers advice requires a very subtle expertise, because it is not easy to get over to people how complicated their whole lives and choice of careers will be.
Another aspect of this has always troubled me. Our young people are marvellous and lots of them are incredibly talented— particularly in the arts. We produce marvellous young actors, musicians, and so on. Our problem is that the demand for such people is—and, I guess, always will be—less than the available supply. One reason why we require not merely experts in our careers service but people with a human touch is that they must explain to people, “If you insist on going down that path—and I do not want to stop you—I ought to tell you that you will be competing against other people with enormous talent. Are you sure that that is the risky option that you want to take”. That only reinforces my noble friend's view that we cannot let amateurs take over the service. Among amateurs, we must include teachers. That includes university teachers, although we are not talking about them at the moment. Essentially, my noble friend is pressing the Minister on the point that we need a commitment to a fully professional careers advice service covering a great range of areas. We must find funds to support that service; we cannot leave it to the school itself.
Baroness Howe of Idlicote
I am certainly in sympathy with everything that has been said on this subject. It takes me back quite a long way to the Sex Discrimination and Equal Pay Acts, in which education was one of the areas covered. We spent quite a lot of time encouraging teachers in girls’ schools to take a more proactive role in opening up ideas of different careers for the girls than was the tradition. I am sad to say that there is still quite a gap there. On the comment made about teachers not being adequate to do that job, it would not be a bad idea as part of their training if, periodically, they had to take a job for a while in the real world to see what are the practices here and now.
In engineering, all these years later, there is a dearth of girls prepared to take on that career. It depends to some extent on the people they see out there in the real world. If not many have made it to the top of their career, are running things and are looked up to by the rest of the engineering world, they are not as likely to go down that route. I hope that we will address that aspect.
I hope that my noble friend Lord Low will soon speak to his amendment. On the responsibility for special educational needs, I entirely agree with him that there is an enormous need to start that process early—incidentally, that is true for practically all girls. It is interesting to note that the Equality and Human Rights Commission makes the point by stating that a quarter of children in primary school want to go on to higher education. Among girls, more than 80 per cent have that aspiration. If they have it already, at least it should be kept going by giving them examples of the many areas where their skills would be needed. There is clearly a role for governors here. They have a role to play in this already, so this is not providing a new one because it is all part of what needs to be made available to pupils. I am certain that parents in the local area would take that view.
One other area I want to stress is that of the role of the universities themselves. Many of them already send their students, voluntarily of course, particularly into schools where the aspiration among pupils to go on to higher education is not high. I am sure that the Government will be pleased to know that that sort of advice does not cost very much, but it is very good practice for the students themselves and helpful to the aspirations of the pupils.
Baroness Wall of New Barnet
I support most of the amendments in the group and I want to focus in particular on careers advice, on which many other noble Lords have already led. I agree totally with everyone who has spoken that unless careers advice is independent, it is very worrying. I hope that the Minister will consider whether Ofsted should include as part of its assessment of the effectiveness of a school how well it provides careers advice. It would not be an unusual process for Ofsted to get involved in. Although I agree with my noble friend Lord Peston that at the age of five you do not know what you are going to do, in this day and age people start taking an interest at a much younger age.
An area of concern has been raised by a number of employers who I have been talking to, along with a number of colleges. Recently I visited Newcastle College and North Lindsey College in Scunthorpe for Training 2000. What those colleges said was music to my ears. Although some careers advice is okay, a lot is obviously inadequate. But the principal at Newcastle College said that when she was a young girl—it was probably a while ago—no one had ever talked to her at school what it would mean if she went down a certain career path: how much would she earn and what would be her prospects going forward? Perhaps we have stayed away from those questions as well. For me, she made a telling point because, whether we like it or not, they are keen to know if they will have money to spend.
Through Semta I have been working with a careers adviser at BAE Systems, which has a programme in place in which representatives talk to young people about what it means to be an engineer and explain that it is not the dirty job that everyone thinks it is. There is a slide presentation to describe the earning potential at each stage of someone’s career progression. Some people might flinch at that, but in the real world of 2011-12, it is absolutely where young people are. It is the kind of information that is not always readily available. You can follow a pathway through looking at sector skills councils, but what is not often linked to it is the thought that, “If I work really hard and progress from this level to that level, what will that mean for me going forward in the sense of my future career?”.
Lord Griffiths of Burry Port
My Lords, I preface my remarks by asking for some agreement on definitions. It is the word “school” that interests me. In its broadest sense, and I think that we would all concur with this, it is a community of people focused on the well-being and the best interests of children and pupils. It has been used in a different way in this debate, though, and it is in that different way that I would like to use it, while remaining conscious of the base meaning that lies behind it.
We have been using the word “school” to mean those who govern our schools. Schools are expected to take independent advice, and new legislation is placing a duty on schools to achieve two objectives—just two examples from this very debate. I am interested in that definition of “school”, which I think amounts to “governing body and head teacher”, who are expected, in the way that things are developing, to achieve more and more than has been done elsewhere until now.
I do not flinch at that. I am a governor and chair of a foundation that runs two schools in the inner city here in London. We try our hardest as governors and head teachers in the area of career development, particularly because we see increasingly that, if we want to achieve excellence in the provision that we offer, partnership with other schools is increasingly going to be the way forward. I do not know how every school can produce an adequate and rich service in this area. In the Borough of Islington, for example, our school operates with others and we try to pool our best efforts and to make careers advice available in a richer and broader way.
In another initiative that perhaps I might report because it is of some interest, our inner city school co-operates with a school in the independent sector, the Leys School in Cambridge, and we cross-fertilise and attend each other’s careers festivals. I have to say that the independent sector provides a somewhat narrower focus for the range of careers that it seeks to interest people in, but, for all that, it is richly provided for by those who come and help people in conversation and all the rest of it.
We have not quite got reciprocity to the point where I would like to see it, with people from the independent sector coming to us for careers advice. We are situated on the edge of the City of London, and some quite extraordinary people come to us from City institutions to offer that kind of advice, which people from Cambridge could well benefit from. If we are envisaging that schools, in the way that I am defining them, will provide an adequate service across the land, with every school expected to provide excellence all the time in careers advice, we are just baying for the moon. Those are two initiatives that I can report now.
Throughout my contribution to the discussions of the Bill, I am afraid that I will drone on about the extra expectations that are coming the way of schools—that is, governing bodies and head teachers. During this afternoon's debate alone, the responsibility for shaping and focusing the curriculum has fallen to governors and head teachers. I am not saying that they should not do that, but more and more expectations of schools as independent and freestanding bodies are coming our way. There is the curriculum, now there is careers advice. Before we finish our discussion on the Bill, what else will be expected of governors? I am a governor. I attend, as regularly as I can, refresher courses offered by my local authority. I try to be up-to-date with seminars and other things that stretch your mind about new possibilities offered for all of us. I look around the table. I see some absent places where some very busy people are feeling increasingly deskilled and disempowered to do the tasks expected of them—all voluntarily, without a single penny coming our way. As we go down this path and pass more and more responsibility to the school, under the definition I have offered, we must bear in mind that implementation of these grand ideas will be left to people who will be under greater and greater burdens.
Baroness Garden of Frognal
If my noble friend will forgive me, I invite the noble Lord, Lord Low to speak to his amendment in the group.
Lord Low of Dalston
I am very happy to oblige the Committee. As my amendment has already been referred to several times and spoken to very eloquently by the noble Baroness, Lady Brinton, there is not really a lot for to me to say, but it is obviously correct that I should speak to it.
Before I do that, I want to make a few comments on some of the other amendments in this large group. Some work is required on the section of the Bill dealing with careers guidance to ensure that it is effectively disability-proofed. I know that the Minister is very sympathetic on that matter, so I hope that he will be able to give me reassurances on one or two points.
First, in supporting the amendment moved by the noble Baroness, Lady Brinton, I seek clarification. When the amendment refers to “professionally qualified” careers practitioners, is it clear that the new professional quality standards include comprehensive training for all careers guidance practitioners on working with disabled young people and adults? It is very important that those working in the field should know about the barriers which disabled people experience, the perceptual barriers that often restrict their career choices.
I also want to be sure that the triennial report for which the noble Lord, Lord Boswell, calls in his amendment would include the effect of the provisions in this section of the Bill on disadvantaged groups of young people, specifically including young people with a learning difficulty and/or disability.
I should like to say a little more about Amendments 86E and 86F in the name of the noble Baronesses, Lady Hughes and Lady Jones, because they deal with a very important issue: the age range during which careers guidance should be provided. Those two amendments would extend the age range through which schools must provide careers guidance from 14 to 16 to 12 to 18. That is particularly necessary for disabled young people, as many will stay in school up to the age of 19, and their most critical decisions usually take place between the ages of 16 and 19.
The Equality and Human Rights Commission is concerned that the age range for careers guidance provided for in the Bill is too narrow. It is particularly concerned that starting careers guidance at 14 is too late adequately to address equality issues associated with subjects or career choices. It is also concerned that the new duty requiring careers guidance to be delivered at key stage 4 only, from 14 to 16, will mean a regression from the current statutory provision that requires a programme of careers education to be delivered for key stages 3 and 4, from 11 to 16.
Young people begin to develop ideas about careers at an early age, and the commission’s evidence suggests that starting careers guidance at 14 will present a major barrier to raising aspirations and equipping young people to make future decisions free from stereotyped ideas. Evidence-based reviews and research have consistently called for career-related learning to begin in primary school—as it currently does in Scotland, which is usually ahead of England in educational matters—so that high aspirations and achievement can be encouraged early. A new report from the commission indicates that primary school pupils’ aspirations are formed and are higher at a relatively young age. The noble Baroness, Lady Howe of Idlicote, has already referred to the evidence from that report which shows that three-quarters of children at primary school want to go into higher education—among girls, this figure is more than 80 per cent. Gender influences begin very early, with boys in primary school interested in sport and girls in performance, hairdressing and nursing. Evidence from the EHRC’s triennial review reveals the extent to which particular groups continue to experience a higher level of occupational segregation, particularly related to gender, ethnicity and disability. The commission believes that school careers services have a key role in providing clear, impartial guidance to help inform young people’s choices for long-term career-related experiences and progression, free from career-limiting stereotyped ideas.
Before I sit down, I clearly need to refer to my amendment, which would place a duty on the governing bodies and head teachers of schools to provide unlimited face-to-face careers guidance for all young people with a learning difficulty and/or disability, whether or not they have a statement of special educational needs and in both mainstream and specialist settings. The amendment more or less speaks for itself. It is a good idea that the Secretary of State should prescribe standards for careers guidance, in the manner provided for in the new clause tabled by the noble Baronesses, Lady Hughes and Lady Jones. It is obviously right that we should place on governing bodies and head teachers of schools a duty to comply with the standards set out by the Secretary of State.
I want to underline two particular points in my new clause. First, on “face-to-face”, we know that the careers service will offer web-based and telephone helpline advice for all students, but disabled learners, in particular, require face-to-face support. Secondly, I have put “unlimited” in the new clause simply to ensure that the duty is to provide as much guidance as is required and that it is not arbitrarily limited to a set amount or quota. I hope very much that this new clause will commend itself to the Minister, as it seeks to impose duties at the local level, where they can most effectively be implemented.
Baroness Benjamin
My Lords, I rise to support the amendment and to tell noble Lords a little story. Back in 1965, my mother and sister went to see the careers officer and my sister said that she wanted to work at a leading pharmaceutical company. The careers officer said: “I am sorry, Sandra. They don’t take coloured people there”. My mother said, “I brought my children to England to learn and to be educated, and they have worked hard to do so. Surely that is not possible”. The careers officer said, “I am terribly sorry. I can get her a job as a nursery nurse, but not one in a pharmaceutical company”. My mother proved her wrong. She got my sister to write for an interview. She got the job and she worked there for 30 years. But sadly, the myth still applies today, and there are many young people who do not believe that they will be accepted in certain places.
It is for that reason that I have set up an initiative called Touching Success. I get successful people to visit young people in schools and invite them into their organisations. This helps to help to inspire these young people to believe in themselves and understand that they can work and will be accepted outside their postcode. This is important because many of them do not often see role models they can identify with. That is why I believe we need experts to engage with young people, especially those from diverse, disadvantaged and lower-income backgrounds who do not believe in themselves. They do not see that they can succeed. Careers advice is essential to helping them understand that they will be accepted and can go beyond where they see themselves. We need experts to help them, as my mother did with that careers officer way back in 1965. Believe in yourself and the world is your oyster. Anything is possible. That is why I support this amendment.
Lord Elton
I shall speak, if I may, to Amendments 86E and 86F, about the age at which careers advice is made available. When teaching in a secondary school myself, I remember the agonies associated with seeing how early children had to choose which subjects to specialise in. All I would ask is that the Minister should bear in mind the advisability of having careers advice available early in the year when the first choice of specialism is forced on children.
Baroness Sharp of Guildford
I want to intervene briefly on this. I should declare an interest as, like the noble Lord, Lord Boswell, I am a member of the Skills Commission which recommended the development of an all-age careers service. I welcome the fact that the Government have moved in that direction. Currently, two problems arise. One is the rundown of the current service, particularly in light of the squeeze on local government finances and, as the noble Baroness, Lady Wall, pointed out, the reduction of money devoted to this service by the Department for Education; £7 million is a miserable sum and far too little. There is also the problem of transition, mentioned by the noble Baroness, Lady Jones.
Another problem is the shortage of professionals in this area. Not only have people trained to deliver careers guidance left the profession, but not enough people have been properly trained to provide the new service. One thing that the Government might do to show their earnest in setting up the new service would be to establish a crash course in training careers advisers. They are graduates who do a one-year master’s course to qualify and they are desperately needed. As I said, we have the transition problem from 2011-12; let us grab this opportunity and invest in the service as required. That would show the Government’s willingness to support it; they would be putting their money where their mouth is, so to speak. I realise that the question of money is very difficult.
Lord Morris of Handsworth
My Lords, I, too, support the group of amendments so ably moved by the noble Baroness, Lady Jones. I support them because as a group they correct a number of the anomalies inherent in Clause 27. The amendments are consistent with good learning and with the frequency of provision. Face-to-face opportunity to discuss career needs is of very high value, and the Bill is deficient in this area. We recognise the important contribution that trained and qualified professionals can make.
Of course, when a person chooses to have career advice, it is because they are uncertain of their direction of travel. The whole purpose of it is to examine the options and alternatives available with professionals who are honest, who test one’s capability and who advise. There are many people who start out wanting to take an academic route, and who finish up taking the vocational option, or vice versa: that is the benefit of career advice. I fail to see how you will get that interaction and that positive two-way challenge—because it can be a challenge—under what is proposed. What is being proposed is an all-age careers service. I have no difficulty with that as a principle. Indeed, I believe that the Careers Service should and can extend throughout one’s working life. That happens in industry, where managers and senior professionals are supported with personal trainers from time to time, who provide career advice on whether to continue or change direction. This is why the online provision is deficient, because it does not provide the opportunity for challenge and interaction. As with so many of the education proposals which are emerging, we get a lot of promises but some degree of under delivery. I see this career provision of the Bill as fitting that area of concern: much is promised, but little substance is delivered when it is tested.
The fact is that the people who will be denied the opportunity for face-to-face career advice are actually the people who may need it most. Not every child has access to the internet; indeed, in some parts of the country, that is for technical reasons, not just real poverty. That is adding to the reality of digital poverty from which some communities suffer disadvantage.
Careers advice is vital. You must get advice, you must challenge the provider and the provider must interact with your good self. What is so worrying about this aspect of the Bill is that, to the best of my knowledge, no one has seen the careers service as broken, deficient or not meeting the needs of students. All my experience is that career advisers care about what they offer and deliver.
The Secretary of State is taking away the duty to provide and replacing it with a duty to provide access. That is a fundamental shift in the culture, the duty and responsibility of the service. There is no way at this or any point that anyone can be certain that what is proposed will lead to better advice. Local authorities, who have that duty, will not be in the driving seat in procuring professionals to provide better advice but merely carrying through what is decreed by governing boards and the school. The bond between school, local authority and governing bodies will be broken when the all-age career advice service online becomes the norm.
Lord Elton
I know that the Committee is anxious to get to the point. The noble Lord has spent some time demolishing the Government's position, but we are discussing amendments to change that position. I wonder which of those amendments he is supporting.
Lord Morris of Handsworth
I indicated at the outset that I support the group of amendments moved by the noble Baroness, Lady Jones. That was my start point. Within the context of those amendments, the points I have made refer to issues that coincide clearly with the face-to-face provisions and the provisions about experience, and so on. I am clearly satisfied in that respect.
My point here concerns the shift from the duty to provide to the duty merely to give access. There is an opportunity in the amendments for real change to improve the Bill. I support the group of amendments moved by the noble Baroness, Lady Jones.
Lord Hill of Oareford
My Lords, we know that the most important determinant of success post-16 is attainment pre-16. I start with a simple point to explain why the Government have been focusing on investment in the early years, why we have been seeking to improve the quality of new teachers, why we are bringing in reforms to the curriculum and why we have introduced the pupil premium to help to address the gap in attainment between more affluent and more disadvantaged backgrounds, which is of concern to everyone in the Committee.
Baroness Jones of Whitchurch
My Lords, we have had a very good debate on this issue. If anyone was in any doubt before we started about the complexities of children’s lives and the choices that confront them, some of the examples that we have heard from around the Room will certainly have helped to open our eyes to just how difficult it is to be a child in school today, facing, as my noble friend rightly said, 85 years of career choices that they have to make. People say—this is a well known statistic these days—that you can now face three different careers in your lifetime. It used to be that you went into one job and that was your job for life, but now people often change careers two or three times during the course of their life.
The choices for young people facing their life ahead are complicated and require specialist knowledge. To give a quick example of that in terms of giving careers advice, wearing one of my other hats, young people who qualify with a degree in film studies think that they are all going to go off to be film directors, but fewer than 1 per cent of people with a degree in film studies ever get a job in that sector. A statistic said that about 34 per cent of those young people end up working in the retail sector. All the factors that have been mentioned today underline how important it is that we get this right.
The Minister has said that there will be a professional service. We understand that we may have a professional service, but the people who are providing the actual advice, online or face-to-face, would not have to be qualified under the Government’s scheme. Our point is that young people’s future lives are so important that these people should have some sort of qualification.
I underline that again. My noble friend Lord Layard has not commented on this—I am sure that he does not like people constantly making reference to him as being the happiness tsar—but if people at this age get this wrong then it is not just about them making the wrong career choice; it has an effect on their health and their mental health. The consequences of their making wrong choices are real and serious, and that underlines the need for people to be qualified before they are let loose on children in schools.
At the heart of our dilemma here is that the Government want to be enabling and we want to lay down duties on schools and rights for pupils. There is not so much of a difference between us, though; the Government have already said that there are some duties on schools regarding what they will provide. The Bill says that there will be duties for the service to be independent, which I think we would all agree with; to be based in schools, which I think is the right place to focus careers guidance; and to have a mix of academic and vocational provision, and a number of voices around the Committee have echoed the importance of both academic and vocational choices.
All we are attempting to do is add a few more duties, and the principle that we have already established is a way of going forward. Those duties include specifying the frequency of the careers advice, looking at a wider age range at which children can access careers advice and the whole issue of people being professionally qualified. We have established that there will be some duties, and we want more. I hope that the Minister will see that we are not so far apart in all this.
I am pleased that the Minister said that he will take the issue of the age range away and look at it further. We look forward to hearing about the outcome of that in more detail. I think that I understood him to say that he would be bringing forward some more short-notice guidance. Perhaps he could specify whether that will be available to us before Report, at least in draft form, so that we might know where we stand on that.
I like to feel that we are moving closer together on these issues, but there remains the issue of what happens in the transition. The noble Lord, Lord Boswell, said that he was not convinced there was a crisis, but I hope that he has heard some of the voices around the table saying that it is perhaps more of a crisis than he might have identified. Our understanding is that hundreds, if not thousands, of people who currently have training qualifications in careers advice are being made redundant around the country, so we are losing those skills and that expertise. It seems pretty strange to set up a new structure that starts from scratch when everyone has been scattered to the four winds, so to speak, with all the knowledge and experience that they retained beforehand. We need to look again at the transition and what else we can do to make it a smooth and well resourced one.
We have had a good debate. We would welcome some further discussions on this, but in the mean time I beg leave to withdraw the amendment.
Baroness Wall of New Barnet
My Lords, I will speak to the debate on whether this clause should stand part of the Bill on behalf of my noble friend Lord Knight, who regrettably has been detained outside London. He sends his apologies. I shall be brief. First, I shall explain the background of diplomas from the point of view of my personal experience with the engineering diploma. No one would dispute that it has been exceedingly successful. The drive for diplomas came from employers who, certainly in the engineering industry, were keen to have the option that the diploma provided. When we talked about careers advice earlier, we touched on the fact that teachers tend to steer pupils down the academic rather than the vocational route. The diploma provided an answer to that because it offered the option to go either way and cross over at various different stages.
My question is this: why do the Government feel the need to repeal the entitlement to these diplomas? It would be disingenuous not to say that, so far as the engineering diploma was concerned, we ran into some issues around what it might mean for other areas of the curriculum, in particular for A-levels. However, employer demand overall—I think it is the right word to use—was very encouraging, and certainly the sector skills councils, which were heavily involved in the diplomas, approached them with great enthusiasm. Why are they being withdrawn when they were proving to be hugely beneficial and provided one of the answers to the many questions raised in the debate on the provisions of Clause 27?
Baroness Hughes of Stretford
I rise briefly to support my noble friend. We have heard a lot from the Minister and his noble friend about burdens and requirements on schools, but as I am sure he knows, the entitlement was not designed so that every school had to provide the whole range of diplomas. Within an area, however, a young individual was able to access all of them. I am looking at this from the other end of the kaleidoscope, if you like; it was not a burden on schools but an entitlement for a young person. They could study for a diploma somewhere accessible in their local area. Therefore I agree with my noble friend that it seems perverse and unnecessary of the Government to repeal this entitlement. If there is a genuine urge to achieve parity of esteem between vocational courses and academic subjects, it is hard to understand why this clause has been included in the Bill in the light of everyone’s desire to achieve parity.
Baroness Garden of Frognal
Clause 28 is the first of two clauses related to the diploma entitlement. This clause removes the duty on local authorities in England to secure the diploma entitlement for 16 to 18 year-olds. The provisions being amended are not yet in force.
High-quality vocational education, just as much as academic education, is crucial to improving England’s educational performance. In that, I am in total agreement with the noble Baronesses, Lady Wall and Lady Hughes. That is why my right honourable friend the Secretary of State asked Professor Alison Wolf to carry out her review of vocational qualifications. Professor Wolf published her report on 3 March. In it, she found some areas of great strength. Places on the best apprenticeships, such as those provided by Network Rail or Rolls-Royce, are highly regarded by employers and more oversubscribed than the most desirable course at the best university. There are excellent qualifications available, providing clear routes for progression into full-time employment or further study in higher education. However, these examples of excellence do not add up to an excellent system and are too often provided in spite of rather than because of the structures that Government have created. The diploma entitlement is one such example where a focus on structure and process has been taken too far.
As I have said, the provisions being amended here are not yet in force. Were they to be implemented as originally intended, they would place a duty on every local authority to secure access for 16 to 18 year-olds to all 14 diploma subjects at all levels, regardless of local needs or any other educational priorities. I reassure noble Lords that this clause does not remove diplomas or any of their constituent qualifications. Nor does it prevent providers of education to 16 to 18 year-olds from offering diplomas if they so wish. I entirely agree with the noble Baroness, Lady Wall, that the diploma in engineering has been the outstanding success of this particular qualification. We cannot say the same about the rest of the range of diplomas that were on offer.
The Government believe that schools and colleges should not be obliged to offer every diploma. They should be free to decide which qualifications to teach, according to the needs and aspirations of their students. Indeed, the Association of Colleges has said that it has always been uncertain about the diploma entitlement and that it has,
“always wanted greater freedom for colleges to offer courses and qualifications which best meet the needs of young people”.
The Association of School and College Leaders has welcomed the removal of the diploma entitlement, saying that,
“it was not practical to offer all lines to all students”.
Edge, which has done so much to promote vocational education, has said that,
“it was always going to be difficult to deliver the entitlement, especially in rural areas”.
Following Professor Wolf’s review of vocational education, we are embarking on a substantial programme of reforms. We have already confirmed that some valued vocational qualifications will be funded for teaching in September 2011. We have announced that industry professionals and FE lecturers will be allowed to teach in schools. We have clarified that schools and colleges are free to offer any vocational qualification offered by a regulated awarding organisation. By removing the diploma entitlement, we are ensuring that schools and colleges are free to consider which qualifications—academic or vocational—meet the real needs of their students, enabling them to progress into further study or a job. I repeat: this clause does not remove any diplomas or other vocational option for young people. It removes a bureaucratic and burdensome requirement on local authorities, schools and colleges.
Baroness Wall of New Barnet
I thank the Minister for her response, and some of the things which she has shared with us are really quite encouraging. Nevertheless, I think a concern remains that the opportunity will be removed if it is not widespread. Regarding the comments of Professor Wolf, she made those at the very early stages. After looking at the evidence she has in fact since said that diplomas do provide opportunities for young people to take either the academic or vocational route without feeling discriminated against in any way, and that they give equality of credence to each.
The Deputy Chairman of Committees (Baroness Pitkeathley)
Regarding Amendment 88, I must tell your Lordships that if it is agreed to, I cannot call Amendment 98 for reasons of pre-emption.
Amendment 88
Baroness Walmsley
“Personal, social, health and economic education in maintained schools
(1) In section 84 of EA 2002 (curriculum requirement for first, second and third key stages), in subsection (3), at the end insert “, and
(i) personal, social, health and economic education.”(2) In section 85 of EA 2002 (curriculum requirements for the fourth key stage), in subsection (4), at the end insert “, and
(d) personal, social, health and economic education.”(3) In section 74(1) of EIA 2006 (curriculum requirements for the fourth key stage) in subsection (4) of the new section 85 to EA 2002, at the end insert “, and
(d) personal, social, health and economic education.”(4) Before section 86 of EA 2002 (power to alter or remove requirements for fourth key stage) insert—
“85B Personal, social, health and economic education
(1) For the purposes of this Part, personal, social, health and economic education (“PSHE”) shall comprise—
(a) education about alcohol, tobacco and other drugs,(b) education about emotional health and well-being, (c) sex and relationships education,(d) education about nutrition and physical activity,(e) education about personal finance,(f) education about individual safety, and(g) careers, business and economic education.(2) The Secretary of State may by order amend subsection (1).
(3) The National Curriculum for England is not required to specify attainment targets or assessment arrangements for PSHE (and section 84(1) has effect accordingly).
(4) It is the duty of the governing body and head teacher of any school in which PSHE is provided in pursuance of this Part to secure that the principles set out in subsections (5) to (7) are complied with.
(5) The first principle is that information presented in the course of providing PSHE should be accurate and balanced.
(6) The second principle is that PSHE should be taught in a way that—
(a) is appropriate to the ages of the pupils concerned and to their religious and cultural backgrounds, and(b) reflects a reasonable range of religious, cultural and other perspectives.(7) The third principle is that PSHE should be taught in a way that—
(a) endeavours to promote equality,(b) encourages acceptance of diversity, and(c) emphasises the importance of both rights and responsibilities.(8) Subsections (4) to (7) are not to be read as preventing the governing body or head teacher of a school within subsection (9) from causing or allowing PSHE to be taught in a way that reflects the school’s religious character.
(9) A school is within this subsection if it is designated as a school having a religious character by an order made by the Secretary of State under section 69(3) of the School Standards and Framework Act 1998 (duty to secure due provision of religious education).
(10) This section is not to be read as requiring the PSHE curriculum for pupils in the first key stage to include paragraphs (a), (c), (e) and (g) of subsection (1).
(11) In exercising their functions under this Part so far as relating to PSHE, a local authority, governing body or head teacher shall have regard to any guidance issued from time to time by the Secretary of State.”
Baroness Walmsley
My Lords, I rise to move Amendment 88 and to speak to Amendments 89 and 90 in my name. They are copied, with some small changes, from three clauses in the Children Schools and Families Bill 2010, which were dropped from the Bill before it became an Act. As I said when the deletion was debated on the 7 April 2010, these clauses would have,
“given children the high quality PSHE for which they have long asked, which they deserve and to which they have a right under the UN Convention on the Rights of the Child”.—[Official Report, 7/4/10; col. 1578.]
Noble Lords may recall the great distress of many of us when these provisions were dropped. They had been well thought out, had been consulted upon widely and had broad support. After they had been deleted from the Bill, a number of organisations, including the Youth Parliament, signed a statement making it clear that they would not give up the fight. Many of your Lordships, including the noble Baronesses, Lady Gould and Lady Massey, vowed to do the same on behalf of young people. This is not a party matter. It is a matter of strong principle and belief and I approach it in that spirit.
These amendments make PSHE part of the foundation curriculum in all schools receiving funding from the state, including the rapidly increasing number of academies, for children throughout the age range. The courses must adhere to certain important principles; that is, the information must be accurate and balanced, appropriate to the age, religion and cultural background of the children, promote equality, accept diversity and emphasise the importance of rights and responsibilities. Who could argue with that? These matters can be taught in a way that reflects the school's religious character. Guidance will secure that children learn about the nature of various adult relationships and their role in the bringing up of children, where we know that stable relationships are important.
In these amendments I have made two changes from the original, which I hope will have the effect of attracting wider support for the measure in this revised form. I have removed the clause that would have removed the parent's right to withdraw their child. Frankly, not many parents use it and I do not see why that should get in the way of the majority of children getting better PSHE education. The other thing I have done is to take four elements of the curriculum and make them voluntary for children at Key Stage 1. They are drugs, alcohol and tobacco education, sex and relationship education, personal finance education and careers and business education. Many schools will feel they want to include these elements, in an age-appropriate way, for younger children, and they are free to do that. However, I feel we can leave that to their judgment.
The reason I wish to make PSHE compulsory in all schools is to ensure that all children receive it and to give parents more confidence in it by improving the quality of delivery. This would be done by improving teacher training, assessment and inspection if the subject was taken more seriously by schools and by Ofsted. Many children tell us that the quality of the PSHE they receive is poor and that it does not equip them for their future lives. A survey of 800 young people carried out by the National Children's Bureau found that nearly half felt they had not learnt all they needed to know about HIV. This can be life-saving knowledge and must be taught in a social context, not just teaching the bare scientific facts in a biology lesson. I understand that the report on this matter by the committee of the noble Lord, Lord Fowler, to be published shortly, will strongly support my position on this.
I strongly believe that the job of schools is to help young people become life-ready, not just job-ready or higher education-ready. Children may not go on to get first-class degrees but they will all have families, relationships, friends, personal finances, responsibility for their own health and safety, personal money and jobs. Good PSHE supports all these things. Just as importantly, PSHE also supports academic learning and develops the capabilities that young people need to flourish in life and in work. Once they leave school, no one else will do this, so it is vital.
There are other reasons. Children, young people and their parents want PSHE; many surveys have shown that. It promotes their health, well-being and personal safety. Goodness knows, they live in a world where safety is often threatened and there are many threats to good health. PSHE also helps the school to promote the social, moral, cultural and spiritual development of its pupils and links up well with RE, as well as with arts and cultural education.
I see that the amendment in the name of the noble Baroness, Lady Massey, tries to achieve much the same thing, and I congratulate her on her tenacity in this regard. The amendment of the noble Baroness, Lady Finlay, also has merit but the matters about which she is concerned could easily be taught in the health part of PSHE.
The White Paper that preceded the Bill recognised that children can benefit enormously from high-quality PSHE. That was a most welcome statement. Since then, the Government have announced an independent review of the curriculum where PSHE is not included in the remit of the expert panel. I would like to ask the Minister how the Secretary of State would respond if the expert panel reported that it felt that PSHE should be part of the national curriculum. Would he accept its recommendation? It is a widely held view among teachers that all children should receive this education, and many members of the expert panel are teachers.
At the same time, the Government have announced an internal review of PSHE—or at least I believe they will soon. Why have these two reviews been separated? Have decisions already been made about the fate of PSHE? In the light of the enormous body of opinion that PSHE is a vital element of the education of every child, why have the Government not seen fit to include it in the remit of their independent advisers? When the internal review concludes, as it most certainly will, that the quality of PSHE is terribly patchy and many children are being let down, what do the Government plan to do about it? Will they grasp the nettle and put this subject where it belongs, in the core compulsory part of the curriculum, and fulfil the right of every child? I beg to move.
Baroness Massey of Darwen
My Lords, I congratulate the noble Baroness, Lady Walmsley, on her rowing exploits today—even though I understand that we lost—and on her speech, as well as on providing more or less a whole PSHE syllabus in her amendment. I agree that this is not a single-party, but an all-party, issue and always has been. All parties have spoken on this, including from the Bishops’ Bench, with some support for her amendment. My Amendment 98, as the noble Baroness says, is fairly similar, but I want to tweak it a bit. I will say why in a minute.
Like the noble Baroness, I ask the Minister yet again about the details of the internal review. With the delay of the review we are sending the message to teachers, parents and pupils that this is not important. The review was announced eight months ago yet we still do not know what is happening with it. We ought to know.
We know enough about the subject area of PSHE to be able to do a quick review of it. We should not be denying young people access to the information and skills that they need to be human beings and to have knowledge about their own bodies. Supported by information and skills, they will learn about this.
We know that young people want PSHE on the curriculum and that parents support it. Only something like 0.2 per cent of parents ever withdraw their children from anything related to it. We know from surveys that many young people learn about, for example—
The Deputy Chairman of Committees
I am sorry, my Lords, there is a Division in the Chamber.
The Deputy Chairman of Committees
Before we continue, we have been given notice that some noble Lords are having difficulty in hearing the proceedings. It seems that a mobile phone is interfering not only with the loop in here but also with other equipment. I would ask noble Lords not just to put their mobile phones on silent, but to turn them off. Thank you.
We shall resume with the noble Baroness, Lady Massey, on Amendment 88.
Baroness Massey of Darwen
I will refrain from testing noble Lords on what I said before the Division. I was merely agreeing with my noble friend—she is my friend, but not in that sense—the noble Baroness, Lady Walmsley, in her amendments. I will say simply that parents and pupils support PSHE and that it is for the benefit of young people.
Sometimes schools provide the only source of information for young people on these issues. Parents may feel that they cannot provide it and, indeed, welcome the fact that someone else is giving their children this information. There will be more on that in a minute. Times change and the world has become increasingly complex. Years ago, who could have predicted a pandemic on the scale of HIV infection? I salute the noble Lord, Lord Fowler, on his courage and determination in raising awareness of the issue—in the face of much opposition at the time—and on his continued support through his committee. I see that awareness of HIV has now dropped and that young people between the ages of 16 and 24 make up 12 per cent of all new diagnoses. That is worrying.
We should also be concerned about other health issues such as teenage pregnancy, obesity, drugs, smoking, alcohol use and so on. I have read that we are in danger of facing an obesity pandemic, largely due to inappropriate diet. But these health issues are only part of the story. As the noble Baroness, Lady Walmsley, said, PSHE aims to foster good relationships with friends, parents and others. It aims to increase self-awareness and self-respect through an exploration of values and aspirations. It is known that young people who have good relationships along with a strong set of values and aspirations tend to be those who do not get pregnant or take drugs, and have a more confident body image.
Teaching has come a long way. I will not regale the Minister again with the full story of my own sex education when we—the girls, that is—had to knit a uterus. I would say only that it put me off knitting. I remember—
Lord Hill of Oareford
I hope the noble Baroness will forgive me. I just wanted to say that the noble Baroness did tell me the story about the knitted uterus when we completed the Academies Bill. The Bill team then kindly presented me with a knitted uterus in honour of the noble Baroness.
Baroness Massey of Darwen
It was not as good as mine. I remember a story told by a very humorous Roman Catholic nun. She was on a health education course with me some years ago. She said that she had been told to say that a girl should, when she danced with a boy, have the width of a telephone directory between them and that, if she got into difficulty, she should yell, “Stop it! I am a young Ursuline”. Incidentally, some excellent PSHE education takes place in Catholic schools, to which I shall come in a minute.
So I say yes to the amendments, but I want some modification. The notion of what I call the spiral curriculum gets lost in the amendments. By spiral curriculum, I mean teaching an issue very simply when a child is young and going into more detail as the child matures. Young children are able to grasp what foods are good for them and which are not without going into detail of nutritional bases and chemical formulae. Young children can explore the notion of friendships and good, respectful relationships without details of sex—they would not grasp them anyway, and that would be inappropriate teaching.
I remember the story of a little boy asking his mother where he came from. She thought, “Right, this is the teaching moment”, and went into stories about daddy's seeds and mummy’s seeds meeting. After a while, the little boy said, “Yes, but did I come from Birmingham or Luton?”. When I was teaching my two year-old grandson to play cricket, I did not toss a Michael Holding fast ball at him first thing: they were gentle lobs. Then they got faster. My point is that I would not exclude any stage of education from certain teaching; I would make the teaching suitable to the child and then build on what had been learnt. That is why a curriculum of PSHE is necessary—just like in maths or English—which builds on knowledge and skills that children learn gradually.
The other area where I have some difficulty with the amendment of the noble Baroness, Lady Walmsley, is in paragraphs (7) to (11) concerning faith schools and SRE. Although faith schools will still be required to teach SRE, they are exempted from teaching it in a balanced way which promotes equity and diversity. The amendment would give faith schools the right to allow the tenets of religion to override the principles that must guide the teaching of SRE in other maintained schools. That could lead to narrower teaching. The amendment tabled by me and my noble friends Lord Knight and Lady Gould would not prevent faith schools teaching SRE in ways that reflect their religious character, but it would guarantee pupils a right to teaching about all aspects of PSHE.
To return to Roman Catholic nuns, I have talked to many of them on courses. They say, “We can be very clear about our boundaries in what we teach in personal, social and health education. It does not mean that we cannot talk about contraception, abortion, homosexuality and what they mean. It means that we must give the perspective of our faith on those issues”. How sensible. That is all I am looking for.
We all have a particular perspective on all sorts of issues. We can make that perspective clear to young people. However, they should be given full and comprehensive education. I am a humanist, but I believe that young people should be taught about different faiths and cultures. Otherwise, we are in the dangerous territory of indoctrination—a word disliked by my noble friend Lord McAvoy. Indoctrination is not education. Education seeks to bring out the best in young people.
I say to the Minister: please say yes to the principle of having PSHE as a statutory right for all pupils of whatever age or faith. Let us get the appropriate curriculum and teaching sorted out.
Lord McAvoy
Can my noble friend give us a definition of what she considers to be education and what she considers to be indoctrination?
Baroness Massey of Darwen
I certainly can. If the noble Baroness, Lady Murphy, were here, she would give the example of a particular school where they learned the Koran for about 80 per cent of the curriculum, and very little else. I think that is indoctrination. Education should consider all aspects of a particular faith, of other faiths, of personal, social and health education, without restriction. Trying to persuade young people to adhere to a particular thing, which they may not be ready to adhere to anyway, may influence them in unfortunate ways.
Lord McAvoy
I am grateful to my noble friend for that clarification. I am sure she is fed up with me, but perhaps I could test her patience further. She considers indoctrination to be a set percentage of the curriculum by a Catholic school, for instance. Does she not accept that parents choose to send their children to Catholic schools or a particular faith school? I cannot grasp why people making legislation should restrict people’s choices. People are not dragged into these faith schools. People choose to send their children to these faith schools.
Baroness Massey of Darwen
My Lords, with all due respect, I think my noble friend is misunderstanding me. I am not saying that parents should not send their children to the school of their choice. All I am saying is that, as a parent, I would not wish my child to have his or her education limited to a particular doctrine or creed or particular way of teaching or particular aspects of teaching. I would want my child to have a very broad education. Earlier I gave the example of a Roman Catholic school where the nuns say they will teach in a broad sense but within the ethos of their own faith. That is fine by me.
Baroness Turner of Camden
My Lords, I support wholeheartedly what my noble friend Lady Massey has just said, particularly in relation to children learning about different faiths and so on and that being part of general education. Amendment 85B is very good and extremely well intentioned. The only problem I have is with its wording. Subsection (7) outlines the principles of PSHE, which of course are absolutely admirable, that it “endeavours to promote equality”, of course; “encourages acceptance of diversity”, of course; and,
“emphasises the importance of both rights and responsibilities”.
Of course we all agree with that; it is absolutely right. However, subsection (8) says:
“Subsections (4) to (7) are not to be read as preventing the governing body or head teacher of a school within subsection (9)”—
that is, schools with a religious character,
“from causing or allowing PSHE to be taught in a way that reflects the school’s religious character”.
That gives me a problem because subsection (7) could lead us into difficulty when it says, “endeavours to promote equality”. We are all aware that there are religions that, if you look at their precepts, are in dispute with the equality law that we have, and we want all citizens of this country to accept the rights that the equality law gives them. That sort of wording might lead us into some difficulty.
I do not have the same problem with Amendment 98, which has just been spoken to by my noble friend Lady Massey. Frankly, I would prefer that wording and that amendment to the wording in the amendment that is presently before us. However, I support the feeling behind both amendments, I think that it is right, and I congratulate both noble Baronesses on their commitment to these ideas, which I wholeheartedly support.
Lord Layard
My Lords, I congratulate the proposers of these amendments because they deal with one of the central purposes of education. In surveys, when parents are asked what they most want for their children in school, they say they most want children to be happy and to learn how to live. Secondly, they say they want them to learn their subjects. The tragic situation is that many people, including some senior politicians, think that these two objectives are in contradiction to and competition with each other. Of course, the opposite is true. These objectives are mutually reinforcing and this is really the essence of the point that needs to be made today. The noble Baroness, Lady Walmsley, referred to it and I want to give you a bit of evidence that by the teaching of PSHE we serve two objectives: teaching children how to manage their lives but also enabling them, through being happier and more balanced, to learn their subjects better.
Here is one piece of interesting evidence. Some 207 programmes in imparting life skills that were developed mainly in the United States were surveyed in terms of their effects on young people. Each programme covered a part of the PSHE curriculum that has been outlined in the amendment and was rigorously evaluated in comparison with a control group. From the so-called meta-analysis, one obtains the average effect of all these programmes on the well-being of the pupils and their academic achievements. Here is the effect on the emotional well-being and balance of the child: the average programme lifted the average child by 11 percentile points—11 places in the ranking in which children are ranked from 0 to 100—and that represents a substantial effect. Guess what the effect on academic performance was. It was also 11 percentile points. So it is not a question of either life skills or academic attainment, it is both. If noble Lords are interested in these programmes, information on them can be found on a wonderful website, casel.org. The other point that emerges from these surveys is that the better of the 207 programmes have much larger effects.
The future of PSHE, particularly in secondary schools, has to involve a much greater use of such programmes because it is an extraordinarily difficult subject to teach. We have not talked about that very much but most people, if thrown in at the deep end, would have a lot of difficulty in teaching most of these subjects. We need much more serious teacher training in these areas and much better materials. There is some progress in this country in this area, but very little. To achieve progress in the quality of the teaching, these subjects must be firmly established in the curriculum. That is what these amendments are about. I welcome them and hope that the Government will take them seriously.
Baroness Tyler of Enfield
My Lords, I should like to speak in support of these amendments and to talk briefly about the critical importance of relationship education within the PSHE curriculum and its links to pupils’ wider emotional health and well-being, which we have just heard about. Before doing so, I should declare an interest as chief executive of the charity Relate, which delivers relationship education to children in all four key stages in about 50 primary and secondary schools across the country.
I often feel that I am on a personal mission to try to change the terminology in this debate to “relationships” —in capitals—and sex education, rather than the other way around, which very much puts the cart before the horse in a rather unhelpful way. That is because when sex education and relationships education are coupled together in that order, the debate too often gets bogged down and polarised, and focuses almost solely on parents’ right to withdraw their children from sex education. We should be focusing on children’s emotional health and well-being.
Relationships education, when delivered appropriately by experts in the field—classroom teachers are the first to admit that this is not often their specialism and can feel uncomfortable in this role—has many benefits, not least when it focuses on the quality of relationships whereby young people learn how to distinguish a good relationship from a bad one. This is crucial because, sadly, too many children see few examples of good relationships in their home life and, without help, are likely to repeat these patterns in their own relationships. It is also critical that young people understand, for example, how to manage conflict and cope with family breakdown, how to recognise and understand abusive behaviour in relationships and what they need to do to seek help in those situations.
As we have heard today, survey evidence shows that young people want opportunities to discuss things that feel relevant to their lives, like their emotions, relationships and their sex lives or sexual health. In addition, research from the Sex Education Forum showed that 84 per cent of parents see both school and home as the main source of sex and relationships education and that both should be involved. To me, this is the nub of the matter. With regard to school or the home it is never a question of either/or but very much both/and.
Baroness Finlay of Llandaff
My Lords, I shall speak to my amendment in this group.
First, though, I shall address a small point just raised about relationships. In new Section 85B(1)(b), perhaps we should also insert, “bereavement reactions in grief and loss”. There are some fantastic programmes that help children prepare for the inevitability of experiencing bereavement, grief and loss, which are tailored for different ages. We know that by the time children leave school, 10 per cent of them are going to be seriously bereaved, but we are just ignoring that when we talk about other aspects of development. Those children do very badly if they do not understand their emotions.
My amendment is focused on community resuscitation. In the UK we have over 30,000 out-of-hospital cardiac arrests a year, and currently fewer than 10 per cent of victims survive to leave hospital. That means that we have 27,000 sudden deaths in the community. To put that in perspective, about 12,000 women a year die of breast cancer, 3,000 people die on the roads and 270 people die from knife crime. The number of sudden cardiac arrest deaths out there is huge. It takes around five to 10 minutes for an emergency ambulance to reach someone and for every minute that passes in cardiac arrest the chance of successful defibrillation decreases by 10 per cent, so time is of the essence. Immediately administrated cardiopulmonary resuscitation, which I am now going to call CPR because it is much shorter, will prolong the time that the patient remains shockable and therefore can be put back into a normal rhythm. It increases the chance of survival by a factor of around three. If there is a defibrillator nearby, survival rates of up to 50 per cent from a baseline of under 10 per cent have been reported.
Other parts of the world have already addressed this. It is part of the curriculum in Norway, Denmark and France. The American Heart Association has advised that no pupil should graduate from secondary school without being proficient in CPR, not just learning it. In Seattle, schools have taught CPR in PE lessons for over 30 years, so now half of the population of Seattle and the surrounding area are trained. In 2009 the survival rate for witnessed cardiac arrests was 46 per cent, while ours is under 10 per cent. The difference is dramatic.
Here in the UK, the British Heart Foundation has put Heartstart into over 2,700 schools, 700 of which are secondary schools or colleges. It trains thousands of children every year. British Red Cross and St John Ambulance also run training schemes, but the trouble is that the provision is patchy. There are 3.6 million children in secondary education in England, but only around 14 per cent have any training in CPR provided by one of these organisations. It is estimated that around 3 million secondary school pupils are not trained, even though the voluntary organisations are very ready to offer this training. By contrast, a poll taken by the British Heart Foundation at the beginning of this year found that 86 per cent of teachers, 70 per cent of parents and 78 per cent of children want to be trained. There is no resistance anywhere; it is a question of making the link. The campaign has wide medical, nursing and teaching support, as well as from the charities that deal with bereavement following cardiac death.
Training and support for teachers would enable them to deliver emergency life support. Currently, the British Heart Foundation spends around £800,000 a year on teaching resources, including mannequins, school packs, teacher supply cover and so on. It is estimated that it will be necessary to increase the provision of community resuscitation development officers, who are linked with the 12 ambulance trusts in England, by around five people to ensure that every child in every school is taught. With additional resources, the models could be successfully applied across all schools. There are over 3,000 local authority maintained secondary schools in England. The amendment aims to amend Section 84 of the Education Act 2002 so that this training becomes a community requirement at the first, second and third key stages.
I know that the Government can be much more prescriptive with the curriculum for maintained schools and I hope that they might consider adopting this training because that will influence the academies to take it up. However, I am well aware that the Government cannot be prescriptive for academies. Sadly, this is not part of PSHE at the moment. First aid training in the curriculum covers some parts of emergency life support but not emergency CPR, which is what can save lives. We could go from 27,000 sudden deaths in the community to approximately half that number if we spent a few hours on training all children in CPR. It has been estimated that the training takes only around four hours. It would mean that when they come across someone who has collapsed and is effectively dead on the street, they will know what to do.
Lord Elton
My Lords, I know that there are quite a number of people who, like me, should declare an interest in this, having been identified as a potential victim. I shall just tell my noble friend that he will have to argue very strongly against this amendment to stop me supporting it at a later stage.
Baroness Howarth of Breckland
My Lords, I do not have an amendment and I do not have a speech, but I have a question: how do we come to be where we are in this debate at all? The Government have made it absolutely clear that they have an agenda about well-being, particularly about well-being for children. They have also made it clear that, when findings show that children in our country are less happy than in other parts of Europe, they want to do something about improving that position. They, like the previous Government, have also undertaken that elements of PSHE are very important in the curriculum. With due humility, the Minister might do well to go away with those people who have long lists of amendments and talk them through. I do not think that the noble Baronesses, Lady Walmsley and Lady Massey, are likely to give up. We will get somewhere that way.
Many of the arguments I would have made have now already been made but I intervened to put one argument particularly for a group of children who, without this education, will not have any benefit in these areas—that is, very poor and vulnerable children who come from some of the deepest, darkest estates in our country and with whom I spend quite a lot of time. These children are subject to relationship breakdown or find themselves in care. They do not get this kind of education in their homes. People will try and give it in residential care—foster carers will give it—but they will have interrupted relationships and care. They will not have that kind of secure relationship and understanding that many other children will have. It is for this group of children that I plead. They are children who are in conflict.
As the chair of the Children and Family Court Advisory and Support Service, I work with a young people’s board. I do not give many anecdotes when speaking in Committee but those children often talk about teachers in school giving them some of the elements that help them hold themselves together through extraordinarily conflicted experiences in their homes. Teachers are at this moment attempting to give this kind of education. It needs space, skill and structure. I cannot understand why we are at this point in the debate because this is what the Government want as well.
Baroness O'Cathain
I support the Education Bill and particularly the determination to have a slimmed-down national curriculum. In the fascinating debate on Monday, the noble Lord, Lord Sutherland of Houndwood, was right to advocate,
“a balanced education with a minimum core”,—[Official Report, 11/7/11; col. GC 224.]
which allows room for the professionalism of teachers. I strongly approach that approach.
In the same debate on Amendment 83, the noble Lord, Lord Knight, who unfortunately is not in his place and we know why, expressed the wish that children would get up in the morning wanting to go to school. The aim should be good teaching on core subjects that encourages all pupils to feel involved and indeed excited by a love of learning and increasing their knowledge. Maths would even bring alive the dreary subject of economics—I am sorry that the noble Lord, Lord Peston, is no longer with us. History could be expanded to show how social structures evolve, informing pupils on how to react to differing situations. What better way to develop good communication skills than to learn lessons from the best communicators of the past by studying works of the great poets, authors and orators?
However, Amendments 88, 89, 90 and 98 would take us in a completely different direction. As we have heard, their effect would be to expand the curriculum to introduce statutory personal, social, health and economic education for all maintained schools. As we have already heard this evening from the noble Lord, Lord Layard, PSHE is extremely difficult to teach. Now we have a situation: how can we have a slimmed-down curriculum and yet put in it more and more issues that are extremely difficult to teach?
Baroness Massey of Darwen
PSHE is a subject which, given the ethos and support for it in school, can run across all subjects in the curriculum. That is the focus for it. The noble Baroness is of course perfectly right about communication. However, it needs a core, even if it is a small one, of personal social and health education so that that core can expand into other subjects and be beneficial for the child. There is no denying that if we want good academic results in our schools we have to give a focus to relationships education and young people feeling comfortable with themselves and their own learning abilities.
Baroness O'Cathain
I am grateful for that intervention and the noble Baroness is absolutely right that all of that can be taught through the other ways. However, why are we going to duplicate and have a special core subject called personal, social and health education as well as insisting that it is part of the maths curriculum, the English curriculum, the history curriculum and whatever?
My greatest objection is to Amendment 98. If agreed, Amendment 98 would extend sex education to all children from five years of age upwards. I find this deeply concerning and even abhorrent. Many of us were very thankful that the previous Government ran out of time for similar plans before last year’s election. Among other measures, detailed sex education lessons for children as young as five were proposed.
Baroness Massey of Darwen
I am sorry to interrupt the noble Baroness again. The noble Baroness, Lady Walmsley, is saying they were not and I will leave her to deal with that. What I would like to say—and I did say earlier—is that the curriculum should be appropriate to the age and stage of the child. I gave the example of not lobbing cricket balls fast at my two year-old grandson, but to start slowly. I should not mention the press but this popular newspaper thing about sex education at five is quite inaccurate. Teachers do not do this. Teachers talk about relationships and friendships at five, they do not talk about HIV/AIDS and all the rest of that. It is simply not true.
Baroness O'Cathain
That is a marvellous statement that is simply not true, because it is actually said that you want to repeal the statutory requirement that sex education is not taught between the ages of five and seven. This amendment would repeal that statutory requirement. In other words, if you are saying that you want sex education for five to seven year-olds to stay exactly as it is, I have no problem.
Baroness Whitaker
I support Amendment 98, in particular new subsections (6) and (7). We live in a nation of many cultures and several faiths. I declare an interest as a vice president of the British Humanist Association. These many cultures and several faiths are a huge asset for our culture, understanding of the world, trade, regeneration and enterprise—lots of things—but to realise these assets we need to be at ease with our fellow citizens, to understand their culture and their faith, especially when we do not share it. If we do not have this opportunity in school, we risk losing out culturally and economically but, almost more importantly, we risk increasing bigotry and prejudice.
Lord Sutherland of Houndwood
I have been mentioned. I have not resiled from the position I took on Monday and I continue to have concerns about the overcrowding of the required curriculum, as I am bound to say in talking about these amendments. None the less, I accept that PSHE is a very important part of education for many young people and that it will continue in schools, and rightly so. However, it seems that we are trying to impose the shape of education through legislation, whereas the shape of education is a matter of balance and balance is never formulated in a set of clauses in a Bill. The real issue is how well this is done and whether a balance of attitude is preserved. This applies to PSHE and to the teaching of religion and about other faiths in faith schools.
I have reservations. First, I do not think that we do PSHE very well. We have already had mention of the fact that teenage pregnancy numbers may be falling but we are still the worst in Europe. STD admissions are rising among young people. Whatever we are doing, and we have done a lot more of it the last two years, we are not doing it well. I am not sure that legislating in this way will change that. Secondly, it is very much a delicate balance. Thirdly, one of the ways in which you try to deal with delicate balances in schools is by having an adequate inspection system. I am not saying that the one we have is good enough yet, but if there were an adequate inspection system one of the things it would ask is, “Is the balance of sex education in this school, in this community and in this culture right?”. That is what you would expect from a good school inspection. It looks as if, in this Bill, many schools will be exempted from that kind of inspection and that is where I see the gap. I would be reassured about all this being written down in an Act if there were some way of ensuring that it were well done in schools. It is a delicate issue. How this is taught varies from one school and one community to the next and that can only be properly assessed by trained and qualified inspectors.
Lord Lucas
My Lords, I entirely agree what with the noble Lord, Lord Sutherland, just said. I would have said it myself if I could have said it as well. It is crucial that children learn these things at school. It is daffy to prescribe that individual items should be learnt. One should look at the outcome. The only sensible way of looking at the outcome is inspection. This Bill is setting out to destroy that aspect of inspection rather than building on it, so I am entirely with the noble Lord, Lord Sutherland, in my concerns. The only other thing I would like to say is that this is a great subject to be debating in this room, under a picture of a PSHE lesson.
Baroness Howe of Idlicote
This whole business of PSHE is almost written on one’s brain because the argument for it has come up again and again in all the education Bills. Relationships are so crucial in everything that we do. I am very much of the view that it certainly does not need to be prescribed and in the Bill. I go along with the approach of my noble friend Lord Sutherland on this. Nevertheless, the whole area is crucially important.
I wish the noble Lord, Lord Northbourne, was here because when the previous Government introduced citizenship lessons, there was at last great hope that children would be introduced to the business of parenting—not just getting on and understanding their difficult relationships with their parents but actually what a child needs: love, support and caring. That never happened; it got shunted around to different lessons, if it ever took place at all. I would not at all mind having an inspection with that written into it: how is it doing and is it increasing the happiness and the general well-being of our children?
Returning briefly to the business of teaching religion, and what was said just now, it is crucial for all of us to know about the different religions in the world—and none. It is essential that we accept and know and are tolerant about this. One of the horrors in the rest of the world is that that form of tolerance does not exist. So we must do whatever we can in that direction. However, I hope that in the process we are not going to end up with ways that actually restrict the excellent work that many of our religious schools are doing. I am not thinking of these amendments but perhaps some that will come subsequently.
Baroness Perry of Southwark
My Lords, in response to the query raised by the noble Lord, Lord Sutherland, about inspections, as I understand it, Ofsted will continue to conduct inspections in academies and other schools as part of national surveys of particular aspects of education. I rise simply to say to our two Ministers that surely the issue of PSHE would be top of the list of priorities for Ofsted in terms of a national survey of what is actually happening. Its report would tell us what is really going on in our schools across the country.
The Lord Bishop of Chester
My Lords, I should like to make three brief points. First, I join in the general applause for the noble Lord, Lord Sutherland, on the application of the law of diminishing returns in this area: the more you specify, the more you tend to lose. My second point may also relate to later debates. As far as possible in education, we should try to maintain one framework that covers all schools. There may be some adaptation in schools of different character, but it is in the spirit of our educational system to aim for a framework that brings a Church of England school, a Roman Catholic school, a Jewish school and a local authority maintained school under the same umbrella. We are one society, and it is important to make that point in our education system.
Finally, and perhaps more significantly, I suppose that a Bishop would have to comment on sex and relationships, but sometimes I think that people get obsessed with this area. Generally, the debate has been skewed too much towards it. I also think that linking sex and relationships, while I understand entirely why we do it—we do not want to disentangle sexual relationships from relationships—we do not want to get into the way of thinking that all relationships are therefore fundamentally sexualised as an outcome. I read Frank Field’s report to the Government on children in our society, which is a serious issue. Surveys show that one of the things that children most want to learn is how to be good parents. There is something of a lacuna in these proposals in the area of what I would call parenthood, quite apart from the issues of sexualised or sexually related relationships. I rather agree with the right honourable gentleman down the corridor that what is key to our society is how we hand on civilisation to the next generation. There is some wisdom in the observation in his report that children want more than anything else to learn to be good parents. However, I do not see that coming through, and I certainly do not want to see this education reduced to sex and relationships.
Lord McAvoy
My Lords, all the contributions have reflected positive attitudes and have contained many positive words. The danger is that if someone like myself dissents from what I consider to be the main thrust of the amendment of my noble friend Lady Massey, they are portrayed as dinosaurs, male chauvinists and all the litany of abusive terms that suggest discrimination against women. However, let me declare my credentials from when I served in another place because they will totally contradict that kind of attitude towards me. I voted for the equal age of consent. I voted for civil partnerships. Even when there was a free vote, I voted for every single equality measure. It was not a case of being whipped to vote for something because the Government said so. I hope that if that attitude has been inculcated, it will have been quickly dispelled by my record. Perhaps I would carry more credibility with my noble friend Lady Massey if she took into account the fact that the Roman Catholic church attacked me for those votes, but as far as I am concerned, it establishes my independence.
I would like to ask the noble Baroness, Lady Walmsley, to turn to page 6 of the Marshalled List, which sets out the proposed new section. Subsection (6) states:
“The second principle is that PSHE should be taught in a way that”—
as outlined in paragraphs (a), (b) and (c) of the amendment. Subsection (7) also has three paragraphs.
However, I worry about the practicality of that. The practicality is that new Section 85B(8) says,
“Subsections (4) to (7) are not to be read as preventing the governing body or head teacher of a school within subsection (9) from causing or allowing PSHE to be taught in a way that reflects the school’s religious character”.
Who decides? Who judges? Who makes a judgment if someone objects to the way in which that has been done at a school?
Baroness Walmsley
I think the answer is that a school does; and it would be held to account for that by Ofsted and by individual parents. If individual parents did not like what was going on, they would retain the right to withdraw their child. Of course, in all the best schools parents are involved anyway in the design of the curriculum covering sensitive issues like this.
Lord McAvoy
I am delighted to hear the noble Baroness say that she supports the rights of parents. If parents send their children to a particular school, she will obviously support them in that, and she will also support them in ensuring that the ethos of that school is maintained, especially one of a religious nature.
When it comes to the new section in Amendment 90, the difficulty is that I maintain—I will no doubt encourage further contributions with this—that the common threads of the amendments are designed to minimise, damage and gradually remove the religious element of faith schools.
Baroness Massey of Darwen
I am so sorry to interrupt the noble Lord again but I think that he has misunderstood a great deal of what I was saying. I am not trying to damage the ethos of faith schools. I am saying that the ethos of faith schools may well exist but children have the right to know about other faiths. I was talking today to a friend from Northern Ireland who said, “Look at what damage has been done in Northern Ireland by people not learning about other faiths”. I say no more.
Lord McAvoy
That is the second time that my noble friend has accused me of misunderstanding her. I fully confess that I have a very limited formal education but I do not have limited intelligence, and it is my responsibility to make a judgment that I see a thread in maybe one or two contributions from my noble friend, seeing as how she has introduced this subject. It is my opinion that there is a common thread to the amendments of the noble Baroness, Lady Walmsley, and my noble friend that are designed to—I withdraw the word “damage”—minimise or devalue the existence and practice of faith schools.
Baroness Walmsley
I am sorry to interrupt the noble Lord again, but could he please be specific about what it is in my amendments that seeks to devalue faith schools?
Baroness Garden of Frognal
I apologise for intervening on the noble Lord, but we have a group coming later that is all to do with faith and religious worship. I think the comments that he is making might possibly be more appropriate when we come to the next group. Given the lateness of the hour, we might perhaps let the Opposition and the Minister wind up this particular debate, but focusing on PSHE rather than the broader issues of faith.
Lord McAvoy
Very briefly, in response to the Minister, I have not said much different from my noble friend Lady Massey, so it seems to me a strange distinction that she is making. But if it is the will of the Committee that I shut up and sit down, tell me. It is? That is fine.
Baroness Hughes of Stretford
I am not going to sum up on what has been a wide-ranging debate; I just want to make a quick comment. First, I want to put on record my support and that of my noble friend for the amendment on PSHE in the name of my noble friend Lady Massey, and those in the name of the noble Baroness, Lady Walmsley. Secondly, I was disappointed that such provisions disappeared from our legislation in the wash-up before the general election, because we were proceeding with this. Thirdly, these amendments appeared in our legislation following a wide-ranging review that my noble friend Lord Knight conducted over a long period and which involved all the faith schools, other schools and lots of interested parties. It reached a remarkable consensus on the way forward. Provisions similar to these amendments appeared in our legislation. I should like to ask the Minister: given the progress that was made, what else could the review that this Government are now carrying out possibly be looking at? Could they not move a little quicker to get these provisions into legislation, given that that work was already completed?
Baroness Benjamin
I totally agree with my noble friend Lady Walmsley and I support her amendment and the amendment of the noble Baroness, Lady Massey. We need to teach our children to develop social and interpersonal skills and, most of all, to help them to understand what unconditional love is. We have talked about sex, relationships and family life, but lots of children do not know what true unconditional love is. They also need to develop a kind of strategy whereby they can think for themselves. Helping them to develop interpersonal and social skills will go a long way towards achieving that. That is what the amendment is all about.
Lord Hill of Oareford
My Lords, I will not be quite as brief as the noble Baroness, Lady Hughes, but I shall do my best. As she said, it has in many ways been an extremely interesting and engaging debate. At its heart, apart from a few outliers, it boils down to a judgment that one has to reach as to whether the best way forward on addressing these important issues around PSHE, which we all agree need to be addressed, is through the statutory prescriptive route or through a different approach by trying to slim down the statutory provisions and the national curriculum, and leaving more space and opportunity for more skill—words used by the noble Baroness, Lady Howarth—for teachers to give children and young people the support that they need. Almost my first debates in this House just over a year ago were about PSHE and faith. Whoever said how tenacious my noble friend Lady Walmsley and the noble Baroness, Lady Massey—with whom I have had many discussions—have been on this subject was absolutely right.
We know that in a recent report on the subject, Ofsted found that PSHE education was good or outstanding in three-quarters of the schools visited and that pupils’ personal development was good in most schools visited and was outstanding in about one-third of the schools. However, that same report also found that there were weaknesses, particularly around sex and relationships education, and in some other areas that we need to find ways of addressing. At heart, therefore, is a generally broad agreement on the ends to which we are working but disagreement about the means.
The Government’s aim is to shrink the curriculum and to leave schools and teachers more time to decide for themselves what to teach—a point of view that received a fair amount of support from a number of noble Lords. Teachers have said that they feel that their professionalism is undermined by the overall degree of prescription to which they have been subjected. By stripping the curriculum back we want to give schools the space they need to offer a rounded education, including of course PSHE.
We know that PSHE covers a range of important areas and schools teach it in a variety of ways. It seems to me right that schools should have the discretion to teach it. They know their children. Different schools have different circumstances, and different kinds of children will need different support from their school. Ofsted has said that the most effective curriculum model seen was one in which discrete, regularly taught PSHE lessons were supplemented with cross-curricular activities. That point has also been raised. We are keen to see good practice being shared with the minority of schools that are not teaching the subject as well. Our priority should be to support schools in their efforts to do better by their pupils. That is why we are carrying out the internal review which we have heard about, which has two main objectives: to consider what should be taught; and to look at how schools can be supported to improve the quality of all PSHE teaching. That may be a new element, different from the work previously carried out by the noble Lord, Lord Knight.
I completely understand the impatience of the noble Baroness, Lady Massey, and my noble friend to hear from the Government when this fabled review will heave into view. I have been saying for some time to the noble Baroness, Lady Massey, that it will be soon or shortly; I think it is very soon or very shortly, and as soon as we are there, I will of course circulate that to all Members of the Committee.
Baroness Massey of Darwen
Does the noble Lord mean that it will be finished soon, or that it will be started start soon?
Lord Hill of Oareford
I know that the noble Baroness is keen that the review should be as short as possible and that she thinks that much of what it covers has already been covered—we have had that discussion before. I hope that it will start soon, and then aim to conclude by the end of the year.
On the points made about sex and relationships education, as part of our review we will determine how we can support schools to improve the quality of their teaching in this area. As I mentioned, Ofsted’s report on the matter says that sex education is one of the weaker aspects of PSHE. This is perhaps a sign that legislation of itself is not a necessarily a guarantee of good quality teaching, since that is the part that is statutory.
On as emergency life support skills are concerned, I agree with the noble Baroness, Lady Massey, that equipping young people to be able to step in where lives are at stake is extremely important. I know that many schools, and organisations such as the British Heart Foundation and St John Ambulance, do absolutely brilliant work. My own wife is a trained first-aider, something which she needs for the work she does for Riding for the Disabled; so I know how important it is. That is one reason why we are so keen to review the national curriculum: so that the statutory content will take up less of the timetable, which in turn will enable many more schools to get involved in things such as the British Heart Foundation’s Heartstart programme.
We know that there are many things—and my noble friend Lady Walmsley spoke about them with great experience and passion—that pupils need to learn about and can benefit from. We heard from the noble Lord, Lord Layard, who sadly is not in his place, about the link between well-being and the ability to learn. Of course that is true, but attempting to define those things from the centre, and be prescriptive about what schools must teach, removes teachers’ and school leaders’ ability to use their professional judgment.
We had an interesting exchange about inspections. Of course the new school inspection framework will cover the spiritual, moral, social and cultural development of pupils. I know that the noble Lord, Lord Sutherland, was making a point echoed by my noble friend Lord Lucas about the frequency of inspection—we will come on to talk about that under later groups. We will also come back to discuss thematic reviews and the risk assessment process, issues mentioned by my noble friend Lady Perry of Southwark. We know that the majority of schools already deliver good PSHE education, which is not currently a statutory part of the curriculum. I agree that we need to look at how the quality of PSHE teaching can be improved and what its content should be; that is what our review will look into. I know that I will disappoint my noble friend Lady Walmsley who has clear and strong views on this, but with these comments I ask her to withdraw her amendments.
Baroness Walmsley
I thank all noble Lords who have taken part in the debate, especially my noble friend the Minister. He may have disappointed me, but he has not surprised me. Perhaps I may make a few points to follow up on what noble Lords have said. First, I turn to the Minister’s response. The noble Lord, Lord Knight, achieved a very wide consensus, and that is why I took the three clauses from the Bill that was lost before the general election. The reason I took them as the basis for my amendments is the wide consensus that they had achieved among people who run schools of all faiths. I felt that those clauses struck the right balance.
My noble friend says that he does not want to be prescriptive about what should be taught. I do not think that my amendments are prescriptive. They talk about areas that should be taught, but they certainly do not set out programmes of work which, personally, I think should be quite spare and leave a great deal to the discretion and professionalism of teachers. However, we are prescriptive in other subjects. Before long, when the review of the national curriculum reaches its conclusions, there will be prescription about what children should be taught in physics, English, geography and all the rest. We are going to get that, so why not PSHE, too, which is so fundamentally important?
I would say to the noble Baroness, Lady Turner of Camden, that I understand where she is coming from in her comments but, as I have just said, these amendments came from her own Government’s Bill which, before the general election, she supported. What we have to do is get the balance right between the principles I have laid down in my amendments—I think most people would agree with them—and the rights of parents to send their children to schools in the faith that they themselves uphold, and for those schools to teach PSHE in the light of their own faith. I do not see anything wrong with that.
I was quite disappointed that the noble Baroness, Lady O’Cathain, could not support me. In order to address the issues that she and others of her opinion expressed when we discussed this matter before the general election, I made modifications to the clauses. I absolutely deny that five year-olds are taught the details of human sex. They are not. But it was in order to take account of some people’s fear that they might be taught in that way that I made that area and one or two other areas of the curriculum I am proposing voluntary. Schools can do this in an age-appropriate way, as set out in the amendments, but if they do not want to do it, they do not have to.
Baroness O'Cathain
I thank the noble Baroness for giving way. The point I am making—I am finding it hard to speak because I am not very well—is that at the moment there is legislation which states that sex education cannot be provided for five to seven year-olds, but these amendments would repeal that. That is what I have been informed. If I am wrong, I apologise, but that is the basis of my objection.
Baroness Walmsley
I accept what the noble Baroness has heard, but it is not my understanding that that is the case. However, I am sure that we can look at it outside the Committee.
What I am really saying is that we want children to be learning-ready. PSHE is not an extra subject that I am trying to put into the curriculum. I agree absolutely with the Minister that we need to slim the curriculum down. However, PSHE is not any old subject; it is a fundamental underpinning. None of us ladies would go around without foundation garments because they make our fashions look better on the outside. It is really important that children have the skills and understanding that enable them to benefit from all the other subjects that we decide that they must learn—the core ones they must learn or the additional ones that they may take.
I understand where the noble Lord, Lord Sutherland, is coming from. I would not want to load the curriculum with a lot of extra subjects, but he did make the point that we do not do this very well. That is exactly why I would like to make PSHE statutory. People would then train as specialists. As the noble Lord rightly said, without training, some of these areas are difficult to teach. I myself was thrown in at the deep end—many teachers are. I would certainly have benefited from training but, if that were a statutory part of the national curriculum, Ofsted would have to inspect it at every school level.
I am grateful to the right reverend Prelate the Bishop of Chester for raising the subject of parenthood. As far as I am concerned, that would come into the relationships and sex part of PSHE. Parents have relationships between each other and with their children. It is particularly their relationship with their children that would be important there. I absolutely agree with the noble Lord, Lord Northbourne, and his passion for getting young people taught some parenting skills. That is very important.
Finally, on the voting record of the noble Lord, Lord McAvoy, I am quite sure that he would want to support my amendments. I reassure him that what he seeks would not be precluded by my three amendments in any way whatever.
Baroness Walmsley
I am most grateful to the noble Lord. That is a good point on which to beg leave to withdraw the amendment.
Lord Hill of Oareford
This may be a convenient point for the Committee to adjourn until Monday at 3.30 pm.
House of Lords
EU: Common Fisheries Policy
(12 years, 10 months ago)
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Baroness Parminter
To ask Her Majesty’s Government what steps they are taking to achieve reform of the Common Fisheries Policy.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Henley)
My Lords, I welcome this Question from my noble friend; it is particularly timely given that the Commission published its proposals for the reform of the common fisheries policy earlier today. My honourable friend the UK fisheries Minister continues to encourage his European counterparts to support radical reform, and will be pressing our case for reform as negotiations develop, with further talks at the Agriculture and Fisheries Council next Tuesday.
Baroness Parminter
The common fisheries policy has one of the most dismal reputations of any European Union policy and is responsible for the fact that yields in our fisheries have diminished. Does the Minister agree that its reform must include the total elimination of discards, and maximum sustainable yields delivered by long-term management plans agreed at regional fisheries level?
Lord Henley
My Lords, I could be very brief in responding to my noble friend by saying that I agree with her entirely. Obviously we want to deal with the problem of discards. We have done a great deal within the United Kingdom about that matter. She is also right to talk about the need for regionalisation of the common fisheries policy and about rights-based management. However, we will discuss all that and continue to negotiate in Europe on these matters—and I think that we need support from all sides of the House, and throughout the entire country and Europe, to get a proper reform of the CFP.
Lord Sewel
My Lords, does the Minister accept that any reform of the common fisheries policy will fail if it just amounts to piling regulation upon regulation? That has been the trouble with the common fisheries policy from the very beginning. Surely the important thing is that we accept that fishermen themselves have to accept responsibility for the health of the industry. As the noble Baroness said, the best way to do that is to build on the regional management organisations that already exist.
Lord Henley
My Lords, this is becoming rather easy, because I think I can agree with the noble Lord as well in terms of the direction that we are travelling in. I think that we ought to continue to travel in that direction. We will continue to fight for a ban on discards and deal with that very serious problem. We will also continue to negotiate with other colleagues in Europe on the other matters that my noble friend and the noble Lord mentioned.
Lord Eden of Winton
Can my noble friend say, on the subject of discards in particular, whether the fisheries of any other countries within the European Union take a different line from that which our own fisheries have taken?
Lord Henley
My Lords, discards are a particular problem, not so much in Mediterranean waters but more in North Sea and Atlantic waters. That is why I stressed in my earlier responses the need for regionalisation on these matters. As my noble friend and as others have put it, discards are something that we all find abhorrent. The whole idea that such things should still be happening is wrong, and we will fight to end discards. We are already doing a considerable amount to reduce the amount of discards within the UK fleet.
Lady Saltoun of Abernethy
Is the Minister aware that the European Commission is now trying to take back the management of the common fisheries policy, which was to have been moved to the European Parliament?
Lord Henley
My Lords, I think the noble Lady has got that slightly wrong. As I understand it, following this report from the Commission, this will be a matter for the Council of Ministers and for the European Parliament. It will be a matter for co-decision, so it will take some time. As a result, it is very important that we build up the appropriate alliances in Europe and within the European Parliament to make sure that we can negotiate the best deal possible for a proper, radical reform of the common fisheries policy.
Lord Campbell of Alloway
My Lords, could the Minister answer my noble friend’s question, which is of crucial consequence and requires an answer?
Lord Henley
My Lords, I thought that I had dealt with that point in answering my noble friend on discards. We think that the wasteful practice of discarding fish should be brought to an end. We are doing a great deal already within the United Kingdom to make sure that it is being reduced by various practical measures relating to net sizes and other matters. We will also continue, in the negotiations for reform of the common fisheries policy, to make sure that we do all we can to bring it completely and utterly to an end.
Lord Hughes of Woodside
My Lords, it is not quite as simple as saying that discards shall be abandoned. What happens to the undersize fish caught by fishermen at sea? Will they count against national quotas or regional quotas? Are we going to rely solely on changing net sizes? That is very important, but you cannot avoid discards if you fish in the sea.
Lord Henley
My Lords, we can never completely and utterly get rid of discards. We want to get rid of them as much as is possible. That is why we are seeking a reform of the CFP, and that is what we are negotiating to do. However, there are also practical measures relating to net sizes, to which the noble Lord referred, and practical measures relating to CCTV on the boats themselves that can help deal with the problem. It is going to take time and a lot of negotiation with other member states and with Members of the European Parliament, but we are committed to working towards that.
Lord Knight of Weymouth
My Lords, we very much welcome the Commission’s proposals today to end discards. In doing so, we pay tribute to the campaign, led by Hugh Fearnley-Whittingstall among others, to gather a petition of over half a million signatories to press for this change. Clearly it is in the long-term interests of the industry for fish stocks to be rebuilt and taken sustainably. With 75 per cent overfishing, a cut in the fleet looks inevitable if this new policy is to work. Can I ask the Minister how this will be managed, particularly in the coastal towns hardest hit? Will the decommissioning payments continue, and will there be extra investment in regenerating those communities?
Lord Henley
My Lords, I am grateful to the noble Lord for paying tribute to the campaign run by Hugh Fearnley-Whittingstall—to which I pay tribute—but I would hope that the noble Lord would also pay tribute to my honourable friend Mr Richard Benyon, who I think has done equal amounts in terms of his negotiations on these matters. I cannot give the noble Lord specific answers to these questions at this stage, as he well knows, because we are still negotiating on these matters. We have had the proposals from the Commission only today, so I have not read them in detail, nor has my honourable friend Mr Benyon. We will look at those proposals, he will be negotiating on them next Wednesday, and we will come forward with proposals that will be good for the United Kingdom’s fisheries industry, for fish in general and for the sustainability of our fish stocks.
Lord Pearson of Rannoch
My Lords, given the success of the fisheries policies of Iceland and the Faroe Islands, and given the fact that 70 per cent of the fish in European waters swam in British waters before we joined the Community, why do we not take back our own fish management to the benefit of our industry? Why do we need a common fisheries policy at all?
Lord Henley
Oh dear. As I think I have said to the noble Lord before, we are where we are. We have a common fisheries policy and we are committed to renegotiating that along with the Commission, which has accepted that that policy does not work, and we are going to get that right. With the Commission and a vast number of other member states being on side, and with this country being totally and utterly committed to doing so, we can get that right. We will start that process next Tuesday and continue it as long as is necessary.
Energy: Fuel Poverty
Earl Cathcart
To ask Her Majesty’s Government what progress has been made in carrying out their “full-scale review of fuel poverty and its implementation”, with special regard to energy companies adopting a rising block tariff system of charging.
The Parliamentary Under-Secretary of State, Department of Energy and Climate Change (Lord Marland)
My Lords, the Secretary of State announced on 14 March 2011 that Professor John Hills would undertake an independent review of fuel poverty. He has been asked to consider fuel poverty from first principles—what causes it, its effects and how best to measure it—with interim findings expected in the autumn and a final report in early 2012. The review is independent. Its conclusions will be evidence-based and have not been and will not be pre-judged or pre-agreed with the Government.
Earl Cathcart
My Lords, I thank my noble friend for that encouraging reply. It is good that Professor Hills will carry out that work. The problem is that energy companies recover their fixed costs from the first few hundred units they charge each customer, and the more energy used the lower the charge per unit. This seems topsy-turvy to me and does nothing to encourage us to use less energy. It is no wonder that there are millions of households in fuel poverty. With energy prices set to surge, surely the first few hundred units consumed should be relatively cheap and then the charging should get progressively more expensive per unit.
Lord Marland
I am very grateful to my noble friend. This is a subject that we have discussed on many occasions. Indeed, our officials have offered to meet him to discuss it, which I am delighted to say they will in September. I can also inform my noble friend that I have written to Professor Hills and suggested that he might like to talk to noble Lords and hear their views, bearing in mind that his is an independent review so I am not allowed to insist upon that. I am delighted that he has offered a date in August, which is probably not that convenient to noble Lords, so he has agreed to see your Lordships in September. I hope that the input from my noble friend will then be extremely invaluable.
Lord Campbell-Savours
My Lords, can the Minister ask Professor Hills and his officials to refer back to a series of amendments that I moved on previous energy Bills as they went through this House, which set out in detail the structure for a rising block tariff scheme? Those amendments were supported by a number of lobbies outside the House and they met precisely the objectives set by the noble Earl, Lord Cathcart, in his question.
Lord Marland
Well, the noble Lord knows that my knowledge of ancient history is less than my knowledge of science, so I am afraid that I am not familiar with his expertise or his amendments to Bills that were taken through the House. However, the problem with the rising tariff is that the people who use the most energy are those in the poorest homes, which require the most heating. It is not as simple as waving a magic wand. It is therefore imperative that we progress with things such as the Green Deal and drive in the efficiency measures that we are setting out through it before we revisit this excellent point, which we are very sympathetic and open to, later on when that Green Deal is in action.
Lord Best
My Lords, has the Minister seen the statistic that some 200,000 pensioners would be taken out of fuel poverty if the kind of tariff system recommended by the noble Earl, Lord Cathcart, was implemented? On the theme of fuel poverty and energy conservation, can the Minister report progress under the Energy Bill on the measure to prevent private landlords re-letting properties that fail every test of energy performance after 2016?
Lord Marland
The noble Lord is obviously very knowledgeable about the private rented sector, and he knows as well as I do that we are very committed to trying to use every possible commercial measure to ensure that the private rented sector takes its homes out of the F and G categories. We are going to review that in 2016 and we are still open to considering it, but it is very much an imperative, a fundamental step, in getting these people out of fuel poverty—which incidentally is now reaching an horrendous figure. I am looking at my notes, which I do not often do; in 2004, 1.2 million people in the UK were in fuel poverty, and 4.5 million are now in fuel poverty. This is a serious task that the Government have to set about solving. All of us in this room want to see it solved and satisfied, and I am very grateful for the support that I get from all sides of the House to come up with a solution.
Baroness Maddock
My Lords, I am very pleased to hear the Minister’s reply, but it will be some time before the report on fuel poverty is published. In the mean time, are the Government considering making social tariffs for energy compulsory as a way of reducing costs for those in fuel poverty? If they are not, what else are they thinking about in the short term to try to deal with this severe crisis? The Minister has just given us the very bad figures.
Lord Marland
I re-emphasise that we are going to have an interim report in the summer and a final report in the early part of next year. That is very quick. It would be wrong for us to start putting up tariffs or making incentives while we are waiting for the eminent professor to come up with his conclusions, having consulted across the piece. Forgive me if I do not agree to the noble Baroness’s suggestion; it is obviously a good one, but we need to wait for the professor to deliver.
Baroness Smith of Basildon
My Lords, fuel poverty has stepped up a gear with the latest announcement of 18 per cent price increases. The Government have to understand that more and more people who have never previously worried about their bills or thought of themselves as being in fuel poverty will do so when they get their winter bills next year. The disgrace of the energy companies is that those who have the least could end up paying the most, with higher prices for pre-paid meters and those who do not pay directly from their bank also having to pay more. I note that the Minister said he cannot instruct Professor Hills, but he could make suggestions. Can he suggest to Professor Hills that he examine this in his review to ensure that this perverse pricing is ended once and for all?
Lord Marland
I am afraid, as I said earlier, that I cannot agree with the noble Baroness; I normally do, but I cannot on this occasion. It is not for me to instruct Professor Hills; Professor Hills is coming up with an independent review. I am delighted if the noble Baroness herself wants to make suggestions to him. That is the point of the consultation that he is offering in September, and I am sure that he will greatly benefit from her views.
As for energy prices, these are very regrettable, and this is the price that we are currently paying for no investment in the infrastructure of the energy and electricity in this country. We have to invest £110 billion—
Noble Lords: No.
Lord Marland
Noble Lords can say no, but come on, they know as well as I do. Some £110 billion has to be invested in the infrastructure. We have failed the consumer in creating energy security by being reliant on fossil fuels.
Devolution: England
Lord Foulkes of Cumnock
To ask Her Majesty’s Government what proposals they have for devolution to England.
Lord Taylor of Holbeach
My Lords, the Government have no current proposals for devolution to England.
Lord Foulkes of Cumnock
My Lords, surely the Minister will agree that now that Scotland, Wales and Northern Ireland have control over all their own domestic matters through devolved parliaments, this leaves a democratic deficit in England. Will the Government now consider bringing forward the only proposal that will provide a stable and equitable solution to this problem, namely a UK federal system and a devolved, elected Parliament for England?
Lord Taylor of Holbeach
My Lords, I am sure we can have an interesting debate on this question, because a devolved English Parliament within a federalised UK has been one of the proposals put forward in the past to deal with the West Lothian question. I think the noble Lord would admit that this is not without its complexity. The Government have committed to the establishment of a commission to investigate the West Lothian question, and we would not want to pre-empt any conclusions that that commission may come to.
Lord Forsyth of Drumlean
My Lords, why is it taking so long for the Government to establish this commission? Surely the point being made by the noble Lord is that it is ridiculous that we should have Labour MPs from Scotland voting on English matters which are devolved in Scotland, where English MPs have no such say. This was a fundamental tenet of our manifesto commitment, so when can we expect this commission to be appointed? Before the Recess, I hope.
Lord Taylor of Holbeach
I think my noble friend will know that the programme before the Recess is rather congested. However, I reassure him that the commission will be appointed this year. It is important to get its terms right. This is a complex issue. All noble Lords who have discussed or investigated it will know about its complexity. It is important to get the right question and therefore the right answer.
Lord Barnett
My Lords, I am sure the noble Lord realises that the best way to get fairness into the whole issue is for the Government to accept the amendment that I have indicated I will move to the Scotland Bill to implement what the House of Lords Select Committee unanimously recommended to the House—that the Barnett formula should be changed so that it is based on need. Will the Government accept that?
Lord Taylor of Holbeach
We will certainly have an opportunity to debate the noble Lord’s amendment as the Scotland Bill will shortly come to this House. In the mean time, one of the aspects of devolution which the commission will investigate is the whole question of funding. I reassure the noble Lord that the Barnett formula will loom large in its considerations.
Lady Saltoun of Abernethy
My Lords, do the English want a devolved Parliament; and to pay for it?
Lord Taylor of Holbeach
That is not for me to say; I guess that is for the English people to say. Given that roughly 85 per cent of the membership of the House of Commons comes from English constituencies, one of the solutions may be not to change the devolution settlement in respect of England.
Lord Hunt of Kings Heath
My Lords, surely the outcome of the commission that the noble Lord has said the Government will set up within the year will have an impact on consideration of Lords reform. Given that, does the noble Lord agree that we had better wait to see the outcome of the commission’s work before bringing legislation before your Lordships' House?
Lord Taylor of Holbeach
I have just been exhorted by my noble friend Lord Forsyth to ensure that the Government tackle this process robustly. I think he is correct in that regard. The commission will, of course, evaluate the consequences of Lords reform when deciding in what way the Chambers of the House might operate, if its solution is a parliamentary one.
Lord Maclennan of Rogart
My Lords, in recognising that British people no longer live in a unitary state, rather than have a top-down solution suggested by the Government or anyone else, would it not be better to seek the views of the English citizens of this country, and take a lesson from the experience in Scotland of having a convention to discuss these matters deliberately over a period so that all good ideas can be ventilated and the most popular selected?
Lord Taylor of Holbeach
I hope that the commission will inform any such debate which may occur. That is the reason why the Government want the advice of the commission, which can take evidence, consider all the proposals and come to conclusions which are practical and desirable for the governance of this country.
Baroness Farrington of Ribbleton
My Lords, will the Minister give an assurance to those of us who live in England that the commission will look at the English regions and not just at a parliament for England as there are great differences in need between the north-west of England, the north, the south-west, and London and the south-east? I would like that assurance, particularly as the north-west, along with the north, has suffered disproportionately under the Barnett formula.
Lord Taylor of Holbeach
My Lords, I am sure that regional aspects will come into the commission’s discussions but the noble Baroness will know that the last time a vote on a regional assembly was held, the people of north-east England voted against such an assembly.
Immigration: Advisory Service
Baroness Hamwee
To ask Her Majesty’s Government how immigrants and asylum seekers will be provided with legal advice and representation following the entering into administration of the Immigration Advisory Service.
Baroness Northover
My Lords, it is clearly regrettable that the Immigration Advisory Service’s trustees have decided to place the organisation in administration. However, the IAS is one provider in a wider market of immigration and asylum advice. The Legal Services Commission is identifying alternative provision for the areas affected, as well as making the necessary arrangements for case transfers.
Baroness Hamwee
My Lords, the IAS had almost 25,000 new cases last year, of which 8,500 were asylum cases. That leaves about 10,000 live cases. What assurances can the Government give: first, to clients, especially those whose cases are at a critical time-limited point and who need information in their own languages about what will happen next; and, secondly, on practical matters, including the number of staff retained by the administrators to deal with such things as the transfer of files? My noble friend will know that a year after the closure of Refugee and Migrant Justice many files are still in storage, with the storage company looking for payment before cases can proceed.
Baroness Northover
The IAS was audited and the Legal Services Commission identified potential overclaims representing millions of pounds. That is what has led to this train of events. The LSC is working very hard to transfer cases and is prioritising the most vulnerable first, among them cases of unaccompanied children claiming asylum and cases coming up to tribunal immediately. A large number of people working in this area are prepared to take on this work, which is very encouraging for making a smooth transfer and making sure that clients are well looked after in this situation.
Lord Dubs
Is there not a danger that with the cutback in money for legal aid, it is not possible for other organisations to fill the gap left by the Immigration Advisory Service? Is not the real problem that asylum seekers will be caught in limbo, possibly becoming destitute because there is no one to represent them properly?
Baroness Northover
This is a problem in the IAS, which projected that it would have a return profit of £500,000 even with the proposed legal aid reforms. This is not an issue about legal aid reforms but a problem in the IAS: a large debt that it cannot address and which the Legal Services Commission has decided should not be written off. Many other organisations want to take on this work. Carolyn Downs, the chief executive of the Legal Services Commission, said in the other place yesterday:
“we have a huge number of people contacting us who are prepared to take on that work”.—[Official Report, Commons, Legal Aid, Sentencing and Punishment of Offenders Bill Committee, 12/7/11; col. 72.]
Baroness Sherlock
I declare an interest as former chief executive of the Refugee Council. Can the Minister assure the House that the quality of specialist immigration law that will be available in the future will be as good as in the past? Is she aware of the differential success rates of people getting very good legal advice? Does she accept that removing immigration law from the scope and cutting the budget of legal aid for asylum may make it harder? I am sure that most noble Lords would not dream of buying a house without decent legal advice, and certainly no one should be forced to defend their life without it.
Baroness Northover
The Legal Services Commission has a certain threshold for demanding the kind of quality that the noble Baroness is talking about. That continues to be the case, and we are encouraged that a large number of providers are willing to take on this work, which helps drive up the quality.
Lord Bach
My Lords, will the Minister ensure that every case that is currently with the IAS will be transferred to a competent provider of legal advice and representation? I think she has already indicated that she will make sure that that happens. Furthermore, because of the Government’s proposals in the Bill, all immigration cases, except those of individuals in detention, will be outside the scope of legal aid, including cases of domestic violence. This means that in every case, however complicated, no legal advice or legal aid will be available. Does the Minister, who has a proud liberal reputation, not feel more than a little uncomfortable at depriving people of access to justice in this way?
Baroness Northover
How very kind of the noble Lord. On his first point, three IAS hub centres will be kept open for the moment: in Manchester, Birmingham and Bradford. They are facilitating the transfer of these cases. I am sure that we will have very interesting debates coming down the track on legal aid, but this has nothing to do with the proposed changes.
Lord Avebury
My Lords, will my noble friend say how many IAS staff will be retained in the three offices that she has just mentioned to deal with the transfer of files, and whether she considers that they will be able to do it adequately, bearing in mind that, as she has already said, there are still files that have not been transferred after the demise of the RMJ, even though there has been more than a year to do this? Does she agree that the number of matter starts given to the IAS is so large that they could not be taken up by other practitioners, especially in regions such as East Anglia and Yorkshire, where the IAS has either 100 per cent or most of the legal aid and asylum cases?
Baroness Northover
I disagree with what my noble friend says about adequate provision perhaps not being in place. I am very encouraged by what the chief executive of the Legal Services Commission said. The transfer of files is better organised than it was in the previous case that he referred to, and we are confident that this will be taken forward very effectively.
Arrangement of Business
Baroness Anelay of St Johns
My Lords, it may be for the convenience of the House to know that, after discussions in the usual channels, the Government have made time available this Friday 15 July for a debate on the Motion that this House takes note of recent allegations about the conduct of the news media and police, and the position of News Corporation within United Kingdom media provision. The Motion will be moved by my noble friend Lord Fowler after proceedings on the Private Members’ Bills already scheduled for Friday have been completed. I understand that those matters are not expected to be lengthy. The speakers list is now open in the government Whips’ Office.
Phone Hacking
(12 years, 10 months ago)
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The Chancellor of the Duchy of Lancaster (Lord Strathclyde)
My Lords, it may now be convenient for me to repeat a Statement that was made earlier today by the Prime Minister. Well informed Peers will be aware that some of the issues contained in the Statement have changed. As a result, and with the agreement of the Opposition, I have made some amendments that I shall make plain during the course of the Statement, which is as follows.
“In recent days, the whole country has been shocked by the revelations about the phone hacking scandal. What this country and this House have to confront is an episode that is disgraceful: accusations of widespread law-breaking by parts of our press; alleged corruption by some police officers; and, as we have discussed, the failure of our political system over many years to tackle a problem that has been getting worse. We must keep front and centre the real victims: relatives of those who died at the hands of terrorism, war heroes and murder victims—people who have already suffered in a way that we can barely imagine who are being made to suffer all over again.
We all want the same thing: press, police and politicians who serve the public. Last night, the Deputy Prime Minister and I met the Leader of the Opposition. I also met the chairs of the Culture, Media and Sport, Home Affairs and Justice Select Committees to discuss the best way forward. Following these consultations, I will set out today how we intend to proceed: first, on the public inquiry; secondly, on the issues surrounding News International’s proposed takeover of BSkyB; and, thirdly, on ethics in the police service and on its relationship with the press.
Before I do that, I will update the House on the current criminal investigation into phone hacking. I met Sir Paul Stephenson last night. He assured me that the investigation is fully resourced, one of the largest currently under way in the country, and being carried out by a completely different team from the one that carried out the original investigation. It is being led by Deputy Assistant Commissioner Sue Akers, who I know impressed the Select Committee yesterday. Her team is looking through 11,000 pages containing 3,870 names, including around 4,000 mobile and 5,000 landline phone numbers. The team has contacted 170 people so far, and will contact every single person named in those documents. The commissioner’s office informed me this morning that the team has so far made eight arrests and undertaken numerous interviews.
Let me now turn to the action that the Government are taking. Last week in the House I set out our intention to establish an independent public inquiry into phone hacking and other illegal practices in the British press. We have looked carefully at what the nature of this inquiry should be. We want it to be one that is as robust as possible—one that can get to the truth fastest and get to work the quickest, and one that commands the full confidence of the public. Clearly, there are two pieces of work to be done. First, we need a full investigation into wrongdoing in the press and the police, including the failure of the first police investigation. Secondly, we need a review of regulation of the press. We would like to get on with both these elements as quickly as possible, while being mindful of the ongoing criminal investigations. So, after listening carefully, we have decided that the best way to proceed is with one inquiry in two parts.
I can tell the House that the inquiry will be led by one of the most senior judges in the country, Lord Justice Leveson. He will report to both the Home Secretary and the Secretary of State for Culture, Media and Sport. The inquiry will be established under the Inquiries Act 2005, which means it will have the power to summon witnesses, including newspaper reporters, management, proprietors, policemen and politicians of all parties, to give evidence under oath and in public.
Starting as soon as possible, Lord Justice Leveson, assisted by a panel of senior independent figures with relevant expertise in media, broadcasting, regulation and government, will inquire into: the culture, practices and ethics of the press; its relationship with the police; the failure of the current system of regulation; the contacts made, and discussions had, between national newspapers and politicians; why previous warnings about press misconduct were not heeded; and the issue of cross-media ownership. He will make recommendations for a new, more effective way of regulating the press—one that supports its freedom, plurality and independence from government, but which also demands the highest ethical and professional standards. He will also make recommendations about the future conduct of relations between politicians and the press. This part of the inquiry we hope will report within 12 months.
The second part of the inquiry will examine the extent of unlawful or improper conduct at the News of the World and other newspapers, and the way in which management failures may have allowed this to happen. This part of the inquiry will also look into the original police investigation and the issue of corrupt payments to police officers, and will consider the implications for the relationships between newspapers and the police. Lord Justice Leveson has agreed our draft terms of reference. I am placing them today in the Library and we will send them to the devolved Administrations. No one should be in any doubt that we will get to the bottom of the truth and learn the lessons for the future.
Next is the issue of News International’s bid to take over BSkyB. By the day we are hearing shocking allegations: allegations that royal protection officers were in the pay of the News of the World and handed over the contact details of the Royal Family for profit; and allegations that the former Prime Minister, Gordon Brown, had his personal details blagged by another News International title. As both the alleged nature of the malpractice and the scope of the newspapers involved widen, serious questions must be asked about News Corporation’s proposed takeover of BSkyB”.
I would now like to depart from the original Statement given in another place as very recent developments mean that it is no longer accurate. Since the Prime Minister’s Statement, News Corporation has announced that it no longer intends to bid for the shares in BSkyB which it does not already own. This means that the Culture Secretary’s decision to refer the matter to the Competition Commission now falls.
I would now like to revert to the rest of the earlier Statement.
“And let me also say this. The people involved, whether they were directly responsible for the wrongdoing, sanctioned it or covered it up, however high or low they go, must not only be brought to justice; they must also have no future role in the running of a media company in our country.
Let me now turn to the issue of ethics in the police, and in particular their relationship with the press. Of course it is important that there is a good relationship between the media and the police. The police often use newspapers to hunt down wanted criminals and to appeal for information. However, allegations have been made that some corrupt police officers may have taken payments from newspapers, and there are wider concerns that the relationship between the police and the press can be too close. When I spoke to Sir Paul Stephenson yesterday, he made clear that he is as determined as I am that all aspects of the police relationship with the media should be beyond reproach.
On the allegation concerning improper payments to police officers, I can assure the House that the Metropolitan Police immediately referred the case to the Independent Police Complaints Commission. Since then, the IPCC’s most senior commissioner has been supervising the Met’s work to identify the officers who may have taken these payments. As soon as any officers are identified, the commission has publicly made clear that it will move to a fully independent investigation drawing on all the available expertise necessary to reassure the public. My right honourable friend the Home Secretary has been assured by the commission that it has both the powers and the resources it needs to see this through. It will go wherever the evidence leads it and will have full powers to investigate fully any police wrongdoing that it might uncover. The Home Secretary has also today commissioned a report from the IPCC on the IPCC’s experience of investigating corruption in the police service and on any lessons that can be learnt for the police service. The initial findings of this will be delivered to her by the end of the summer.
I can also tell the House that, in addition to the work of the judicial inquiry on the wider relationship between the police and the press, Sir Paul Stephenson is looking to invite a senior public figure to advise him on the ethics that should underpin that relationship for his own force, the Metropolitan Police. In particular, this figure will advise him on how to ensure maximum transparency and public confidence in how the arrangements are working.
If we are calling for greater transparency from the police, I think it is only right that we provide it in government too. After all, as I have said, one of the reasons we got into this situation is because over the decades politicians and the press have spent time courting support, not confronting the problems. So I will be consulting the Cabinet Secretary on an amendment to the Ministerial Code to require Ministers to record all meetings with newspaper and other media proprietors, senior editors and executives, regardless of the nature of the meeting. Permanent Secretaries and special advisers will also be required to record such meetings, and this information should be published quarterly. It is a first for our country and, alongside the other steps we are taking, will help to make the UK Government one of the most transparent in the world. The Opposition might also want to adopt this practice to ensure a cross-party approach.
After this Statement, I will be meeting the family of Milly Dowler. None of us can imagine what they have gone through, but I do know that they, like everyone else in this country, want their politicians—all of us—to bring this ugly chapter to a close, and ensure that nothing like it can ever happen again. It is in that spirit that I commend this Statement to the House”.
My Lords, that concludes the Statement.
Baroness Royall of Blaisdon
My Lords, first, I thank the Leader of the House for repeating the Statement made in the other place by the Prime Minister. The revelations of the past week have shocked the whole country. The public now rightly expect those of us in Parliament, especially those in the other place who directly represent them, to provide not just an echo for that shock but the leadership necessary to start putting things right. We on these Benches very much welcome the fact that the usual channels have now reached agreement that, as we have been urging, this House will on Friday consider these issues in depth in a full-scale debate in your Lordships’ House. The fact that the other place is debating a Motion this afternoon pressing Rupert Murdoch and News Corporation to withdraw their bid for BSkyB has clearly been a clinching factor in ensuring that News Corporation has done precisely that this afternoon. We welcome the fact that News Corporation has withdrawn its bid. It is the right thing to do and what the country wanted to see.
The intention was that your Lordships’ House should debate these issues on a Motion in exactly the same terms in what would have been a powerful double message from both Houses of Parliament. My party proposed the Motion in the other place and secured support from the other parties so that the House of Commons is speaking with a single voice this afternoon. I pay tribute to the leader of my party, the right honourable Member for Doncaster North, for his leadership in this matter and his remarkable personal achievement in securing the extraordinary changes that the country has seen over the past week.
The noble Lord, Lord Fowler, was to have put the same Motion to your Lordships’ House but, rightly, he has now changed the words of his resolution. I pay tribute as well to the way in which the noble Lord has pursued these issues so doggedly. In the light of the announcement by News Corporation, the usual channels have been looking at the wording of the Motion on the Order Paper and, as I say, it is right that those terms should now be adjusted. We on these Benches want to see all parties and both Houses of Parliament move forward swiftly, comprehensively and, wherever possible, on an agreed basis.
Let me ask about the timing, nature and scope of the inquiry as set out in the Government’s Statement. The scale and seriousness of what we have all heard about practices in our newspaper industry, about the way in which that industry was regulated and about the failure of the police to investigate developments should make it clear to us all that now is not the time to delay. The truth is that for far too long, as the Statement recognises, politicians have been lagging behind the public’s rising sense of anger and indignation about the methods and culture of sections of the press. The task in front of us all, as politicians, is to play our part in starting to put that right.
We welcome the inquiry detailed in the Statement. Will the Leader of the House confirm that it will be staffed and up and running before the Recess, and, in addition to the fact that the interfering with or the damaging of evidence in any way while a criminal investigation is under way is already an offence, will the Leader also confirm that from the moment the judge is appointed today it will be an offence for anyone to destroy documents related to the issues of the inquiry?
Turning to how the inquiry will operate, we welcome a number of aspects of the announcement today that build clearly on the way forward for which we in this party have been calling. It is right that this is a single inquiry. We have been clear that it must be judge-led if it is to get to the bottom of what has happened and when. So we on these Benches strongly welcome the announcement of Lord Justice Leveson as the chair of the inquiry. He is extremely well suited to what will unquestionably be a difficult but very important task. Putting together the different elements of this single inquiry will be itself a difficult task. Will the Leader explain how the Government envisage the judge and the inquiry panel operating together?
In opting for a far broader inquiry, it is right that the Government have now decided to follow the argument that we have been making on the inquiry’s scope and the clear views of the Hacked Off campaign and the family of Milly Dowler, whose phone was so despicably hacked into by the News of the World—defunct now, but the impact of that is still reverberating so revoltingly.
It is clear that there are a number of important areas which the inquiry must cover. They include the first police investigation alongside what happened at the News of the World and other newspapers. Does the Leader of the House agree that yesterday’s session of the Home Affairs Select Committee in the other place made clear that the questions about the relationship between the media and the police run wider than simply the first investigation? We must take the steps necessary to restore the public’s faith in the ability of the police to hold all those who have broken the law to account. Similarly, it can only be right that the inquiry has been broadened to the relationship between politicians and the press.
On the specifics, will the noble Lord the Leader of the House assure the House that these aspects too of the inquiry will be very much judge-led? It is important that the terms of reference of the inquiry are not taken to narrow the remit of the judge excessively. We on these Benches are glad that the Government have agreed to make changes to the terms of reference to avoid doing so. Alongside important questions of behaviour in Britain’s newsrooms, the police and the relationship between politicians and the press, two additional issues need consideration. On the issue of media regulation, does the Leader of the House agree that our instinct should continue to be for self-regulation? Does he further agree that it needs to be proved that self-regulation can be made to work? On a point of detail, does he think it is for the judge to make final decisions about recommendations on media regulation? I welcome the decision to make cross-media ownership part of the inquiry. Does the Leader agree that abuses of power are more likely to happen when there are excessive concentrations of power? Will he confirm that the recommendations can be legislated for in the Government’s forthcoming communications Bill?
Finally, on BSkyB, we thank the Leader of the House and through him the Prime Minister for what the Prime Minister said today. News Corporation does indeed need to concentrate more on cleaning up the mess and less on trying to secure a merger. In dropping its bid for BSkyB, we are glad that Rupert Murdoch and News Corporation are finally showing signs that they are, indeed, getting it. Following News Corporation’s decision, we are grateful for the statement of clarification given by the Leader of the House that the decision by the Secretary of State for Culture, Olympics, Media and Sport to refer the matter to the Competition Commission now falls.
As well as discussing this Statement today, we look forward on these Benches to debating these matters fully later this week. But in all our considerations, we all need to keep foremost in our minds the victims of this scandal, such as the family of Milly Dowler and the other members of the public who were the innocent victims of phone hacking. It is they who deserve a full and comprehensive inquiry. They need us to get on with this inquiry, to make it fully comprehensive, and to get to the truth. The leader of my party has given his personal commitment, and the commitment of my party, to make sure we will do everything to ensure that that happens. On these Benches, in this House, we echo that commitment. We look forward to seeing this scandal cleaned up, to seeing the press, the police and politicians root out wrongdoing where it has happened, and to raise their game. We look forward as well to the victims of these crimes—not the perpetrators of them—securing outcomes which are both satisfactory and just.
Lord Strathclyde
My Lords, I should like to thank the noble Baroness the Leader of the Opposition for what she said and to join her where she left off in talking about the victims—the Dowler family and the many others—and these truly staggering figures of the number of phone numbers, both mobile and landline, that have now been discovered. Each of the owners of those numbers will be notified by the police. Our thoughts should be with them—not only public figures or so-called celebrities, but very often ordinary people going about their business who have been highlighted by the press and very often dealt with extremely badly. I am also pleased that this House will have an opportunity to debate these matters. I readily join the noble Baroness in paying tribute to all those who made that possible, in particular my noble friend Lord Fowler—truly a veteran on this subject. I expect it will be the first of many opportunities we will have to debate these issues over the course of the next few years. There is certainly knowledge and expertise on all Benches in the House that we ought to be able to draw upon.
I also agree that, across the parties, we need to move swiftly. The tone of the noble Baroness reflected the need for cross-party unity to try to deal with so many of these different situations. She was right that, in addition to the huge failure on the part of newspapers, there have been failures on the part of politicians and the police, and that we all need to play our part in correcting them.
The inquiry will be set up at once and be firmly up and running by the Recess. I can confirm that it would be a criminal offence to destroy evidence. It would be a criminal offence in any case, because of the police investigation which is ongoing, to destroy evidence that could materially affect that investigation.
The judge will be in overall control; it is his inquiry; he will be supported by what the noble Baroness called an operating panel of experts drawn from the areas that I mentioned in the Statement. How they work together and develop their working practices will depend very much on how the judge decides to operate. We are very much looking forward to them getting going and to the report.
The noble Baroness asked whether the instinct was for continued self-regulation. It will be up to the judge and his inquiry to decide that and to come forward with recommendations, having looked at all the effects of self-regulation and its possible failure. There is increasingly a view—I do not wish to second-guess the inquiry in any sense—that, whether or not self-regulation has failed, we need to defend the relationship between a free press and strong regulation. Some independent form of regulation should almost certainly be the outcome.
I agree also with what the noble Baroness said about the position of News International now. It is important for it to get its own house in order. This is a fast-moving situation; no doubt, it will have moved further by the time we get to our debate on Friday. That is something we should all look forward to.
Lord Fowler
My Lords, as my noble friend says, the position seems to change almost hour by hour. There will be, I think, a welcome around the House for the decision by News Corp to withdraw its bid. However, does he agree that this is not remotely the end of the story and that the inquiries that have just been announced remain essential, not least because of the position of companies such as News Corp? Will he confirm that the inquiry will be able to consider the law relating to American companies taking full control of British media companies when, by the law of the United States, we are prevented doing the same and taking full control of American media companies? That seems a very unsatisfactory position which has not always remotely been the case. Most importantly, does my noble friend agree that the inquiry gives us an exceptional opportunity to settle how the public can be better protected from the unacceptable press intrusions and illegal acts seen over the past years and that, above all, these things should be settled on a bipartisan basis?
Lord Strathclyde
My Lords, I entirely agree with my noble friend’s last point. It is important that through Parliament and across the parties we should agree on the best way forward, but particularly that we should do so when we have seen what the recommendations of the inquiry are. I also agree with my noble friend’s point about the inquiry. I am sure that it will want to look at all aspects of media ownership, including foreign ownership, and come up with recommendations on that.
Lord Richard
My Lords, I wonder whether the Leader of the House can help me. We do not yet know the exact terms of reference of this inquiry. Can he confirm that it will not be confined just to News International? A situation in which there is a very detailed examination of what News International has done without any examination of what any of the other newspapers may have done would, I think, be rather unsatisfactory.
Lord Strathclyde
My Lords, I can readily agree with that. It will look at the widest range of media matters.
Lord Lloyd of Berwick
My Lords, I very much welcome the appointment of Lord Justice Leveson to chair the inquiry. There could not, in my view, have been a better choice. I am also very glad that there is to be one inquiry instead of two and that it is to be a judicial inquiry under Lord Justice Leveson. I am a little concerned about the nature of the inquiry and the order of events. The Statement gives the impression that the two parts of the inquiry are to be considered, in a sense, the wrong way around. Surely the urgent matter for inquiry is the conduct of the News of the World—a purely factual inquiry. Would it not be better for the inquiry to complete that aspect of the task before turning to the much more general question of press regulation in the future?
Lord Strathclyde
My Lords, the inquiry, as the noble and learned Lord pointed out, will be a single judge-led inquiry, with the support of a panel, but it will be divided into two parts. The first part will look at media ethics and practice. The panel will be drawn from experts in the media, in the police, in government, and so on. We hope that the inquiry will report within 12 months. The second part of the inquiry, as the noble and learned Lord pointed out, will look at the unlawful activity and improper behaviour that has come to our attention, but it will be a post-criminal investigation inquiry held once all the court processes have been completed. The noble and learned Lord will be more aware than I am of the need to avoid interference by the judge-led inquiry with the criminal process and very possible court processes.
Lord Strathclyde
My Lords, I think that we need to hear from the Liberal Democrat Benches.
Lord Alderdice
My Lords, I thank my noble friend for repeating the Statement made by the Prime Minister in another place. He will know that we on these Benches are grateful that the Prime Minister has taken the advice of my right honourable friend the Deputy Prime Minister and appointed a senior and respected judicial figure to lead this inquiry. Lord Justice Leveson is, indeed, a most welcome figure to take on what is a very murky world indeed. Does my noble friend accept that, in respect of the element of corruption, not just of an individual, or a few individuals, as was suggested, but a whole culture of corruption that has developed, any organisation that has presided over such a culture of corruption is not a fit and proper licensee to be conducting the business of press and broadcasting in this country and that it is no longer a question of plurality in the press but of morality in the press? Does he further accept that the committee in another place yesterday demonstrated that there are senior figures in the Metropolitan Police who do not seem yet to have realised the seriousness of the damage that has been done to public confidence in the Metropolitan Police by their failure to address these shocking activities over a period of time and that much will have to be done, and has not yet even started to be done, to repair that public confidence?
Lord Strathclyde
My Lords, the issue of the police and their role in this and previous investigations is rightly a matter for the inquiry. On the question of a fit and proper person, that was never going to be triggered by the proposed merger because Ofcom has an ongoing statutory duty to ensure that holders of broadcasting licences are and remain fit and proper persons. It is a matter for Ofcom, which is taking its responsibility in this area most seriously and is already in touch with the relevant authorities.
Baroness Buscombe
My Lords, in declaring an interest as chairman of the Press Complaints Commission, may I place on record the fact that it very much welcomes the announcement of the inquiry into the regulation of the press and, indeed, the appointment of Lord Justice Leveson to lead that inquiry? Will the Leader of the House note that last week the Press Complaints Commission, led by its independent members, including another Member of this House, issued a statement making clear its intention to drive reform, particularly in the areas of independence and sanctions? Will he recognise that the PCC remains committed to the establishment of a much more effective system, one that, as the Statement suggests, supports appropriate freedoms but demands the highest ethical standards? Finally, does he accept that while the inquiry is ongoing, the important work of the PCC, through its dedicated staff, must continue so that it can carry on serving the members of the public, who are still turning to it for help in their thousands, day and night?
Lord Strathclyde
My Lords, I readily agree with the last part of what my noble friend said: the PCC should continue to do its work. I readily accept my noble friend’s welcome of the announcement that we have made today. On the other matter, I am sure that my noble friend will be invited to give evidence to the inquiry on how regulation has worked. Her role as chairman of the PCC is extremely important in considering what has and has not worked in recent years.
Lord De Mauley
My Lords, we have 10 more minutes. Can the noble Lords decide which of them is to go first?
Lord Campbell-Savours
My Lords, the Prime Minister referred in his Statement to consulting with the Cabinet Secretary on an amendment to the Ministerial Code for the recording of all meetings “regardless of the nature of the meeting”. Does this include formal and informal meetings and official and unofficial meetings, if they exist? How is he describing them?
Lord Strathclyde
My Lords, my right honourable friend the Prime Minister has invited the Cabinet Secretary to examine this matter. My understanding is that it is to make the process as transparent as possible. It would therefore include all meetings—formal, informal, social and any other kind of meetings that the noble Lord can think of.
Lord Dear
My Lords, I know that the whole House will agree that the Statement today throws substantial doubt on the ability of the police service to implement real leadership at various ranks within that service. I am sure the Leader of the House and other Members will agree that the whole issue of leadership in the police service is absolutely paramount. We have one report already in the public domain by Mr Neyroud and we await another from Mr Winsor at the turn of the year. Can the Leader of the House give an assurance that once those reports are in the public domain, Her Majesty’s Government will consider the issue of leadership in the police separate to the Leveson inquiry, and make that consideration a matter of some urgency?
Lord Strathclyde
My Lords, it is too early to come to any definitive view but, of course, as the reports are made they will be taken seriously. If there is any action to be taken at that time and it is appropriate to do so, then we shall do so.
Lord Carlile of Berriew
My Lords, given that anyone who knows or has encountered Lord Justice Leveson knows that he will dig deep and report robustly, can we take it that the helpful enthusiasm of Select Committees in another place will now recede a little into the background, so the time taken up in dealing with those Select Committees can be used in the inquiries by Lord Justice Leveson and by the very reputable deputy assistant commissioner, Sue Akers?
Lord Strathclyde
My Lords, I readily agree with what my noble friend has said.
Baroness Scotland of Asthal
My Lords, I applaud the consensus that has been arrived at both in this House and in the other place. Does the Leader of the House agree that the importance of the appointment of Lord Justice Leveson is that not only will he be looking at the subject matter of the current criminal investigations but he will also have an opportunity to look at other newspapers which may also be behaving improperly? The importance of his appointment is that if anyone—in News Corp or any other newspaper—seeks to destroy, alter or otherwise deal with the information, they will be committing a criminal offence.
Secondly, does the noble Lord also agree that the fact that it would appear that the noble Baroness, Lady Buscombe, who heads the commission, was misled either by omission or commission is a very serious matter and it very much enhances the seriousness with which this House and the other place have now to treat the issues complained about?
Lord Strathclyde
My Lords, I join the noble and learned Baroness in applauding consensus on this matter and many others. If we have come up with the right decision and an inquiry that everyone can support that must be the right way to go. One of the good things that has come out this afternoon is how everybody has welcomed the appointment of Lord Justice Leveson.
The terms of reference are widely drawn—they will look at the culture, practice and ethics of all the press; their relationship with the police; the failure of the current system of regulation; the contacts made between national newspapers and politicians, and so on. That must include newspaper groups other than News International.
As far as the second point the noble and learned Baroness made about the PCC, everyone can see that the current system has failed and broken down. The inquiry will rightly wish to look at why that happened—what the causes were, perhaps over a very long time—and what measures are needed to put it right.
Baroness Wheatcroft
My Lords, I should first declare—or perhaps confess is more appropriate—that for nine years I was business editor of the Times, a News International newspaper. I can assure noble Lords that at no stage during my time there was phone hacking taking place under my watch; had it been, I would have known and would have felt responsible for it. However, it is important not to lose sight of the fact that some very important journalism goes on, not just in other papers but in Murdoch papers too—I point noble Lords towards the campaign in the Times recently about adoption and opening up the family courts. We should not totally condemn a bunch of newspapers because of what might have gone on in some of them and neither should we think that what went on at the News of the World is unique to the News of the World.
I am delighted to hear that this inquiry is going to range widely but we need to get to the bottom of this and I am delighted that we will. Does the Leader of the House believe that the Press Complaints Commission had the power to deal with the questions that needed to be asked? My belief is that it did not. It has done as much as it could with the very limited powers it has. We should be looking at giving the commission the power it needs to do the job, and I hope that the inquiry will look at that.
Lord Strathclyde
My Lords, I very much agree with my noble friend that we need to get to the bottom of all that has happened. That is the purpose of the inquiry, part of which will look at the current system of self-regulation under the PCC. In the same way that not every journalist was hacking, not all aspects of the PCC have been badly done. Many people have received help and support from the PCC. However, the issues that we are dealing with are of the highest seriousness. It is therefore right that we should set up this judicial inquiry.
Lord Soley
My Lords, there have been many inquiries into the press over the past 20-odd years. It is important to remember that none of them solved the problems. They were around at the time and are still around now, even though the press was warned then that it was, rather famously, drinking in the last-chance saloon. One of the most important things, whether we have statutory or non-statutory regulation, is that the body that is set up should have very strong investigatory powers. Without them it will end up being largely a conciliation service, not a regulatory body.
Lord Strathclyde
My Lords, these are all good points. It shows how wide-ranging the inquiry will need to be in looking at the facts, and the failures and successes of past regimes. These are all matters that the inquiry will wish to investigate fully.
Baroness Hollins
My Lords, what steps are being taken to ensure that when the suspected victims of phone hacking are contacted, their details will be kept confidential to avoid any revictimisation—such as they have faced in the past—through an invasion of their privacy?
Lord Strathclyde
My Lords, that is an extremely good question and a good point. The intention of the police is simply to advise those whose numbers have clearly been hacked into. If I may, I should like to pass on what the noble Baroness has said. It is an important point that more anxiety and upset are not caused by the revelation that their numbers were hacked into.
Lord Davies of Stamford
My Lords, could the Leader of the House go a little further than he went in his answer to the noble Lord, Lord Fowler, a few moments ago? Is it within the terms of reference of this judicial inquiry to advise on and recommend the proper limits of the media’s intrusion into the private lives of individuals by whatever means where there is no public interest? Obviously, the position is different where there is a public interest.
Lord Strathclyde
My Lords, my understanding is that these will be matters for the inquiry to look at. It is entirely right that it should do so.
Mull of Kintyre Review
(12 years, 10 months ago)
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The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever)
My Lords, I wish to repeat a Statement that the Secretary of State made in the other place.
“Mr Speaker, I wish to announce the publication today of the Mull of Kintyre review, the report of the independent review of the evidence relating to the findings of the board of inquiry into the fatal accident of a Royal Air Force Chinook helicopter at the Mull of Kintyre on 2 June 1994.
It is right that I should begin this Statement by paying tribute to the 29 people who died in this accident, one of the worst in the history of the Royal Air Force. As is well known, the passengers were members of the Northern Ireland security and intelligence community who were travelling to a meeting in Inverness, and their deaths were a huge blow to the security of this country. They were also a human tragedy for each of the 29 families who were devastated by the loss of their loved ones.
I pledged while in opposition that I would set up a review because I had worries that an injustice might have been done. The official conclusion that the accident was caused by the negligence to a gross degree of the two pilots on duty that day, Flight Lieutenants Jonathan Tapper and Richard Cook, had been criticised almost since the day it was reached. Doubt had been cast on the findings in different ways by the fatal accident review held in 1995, by the Defence Committee and the Public Accounts Committee of this House in 1998 and 2000, and by the Select Committee appointed in another place in 2002.
A number of Members of this House have continued to voice their doubts over the findings of gross negligence, and I would wish to acknowledge the unflagging interest in the case shown by my honourable and right honourable friends the Members for North East Fife, Kensington, North East Hampshire, and North West Norfolk, and also by Sir John Major. I know that the Ministry of Defence considered those reports carefully, taking independent and specialist advice, but given the weight and breadth of the comments I thought it only right to ask an independent figure to check whether justice had been done.
I announced the establishment of the review—the first independent review of the evidence relating to the accident set up by the Government themselves—to the House on 16 September last year. It was my intention that its report, whatever its findings might be, should draw a line under this matter. It has been carried out by the distinguished former Scottish judge, Lord Philip, with the advice and support of a panel of three fellow Privy Counsellors, Lord Forsyth, Baroness Liddell, and my right honourable friend the Member for Gordon. I am extremely grateful to all four for their thorough and painstaking approach to the task and for the clarity with which they have presented their recommendations, which are unanimous.
Lord Philip and his colleagues have concluded that the finding that the pilots were negligent to a gross degree should be set aside and that the Ministry of Defence should consider offering an apology to the families of Flight Lieutenant Tapper and Flight Lieutenant Cook. I can tell the House today that I have accepted these recommendations. At a specially convened meeting of the Defence Council on Monday, it was decided that, to quote our decision,
‘the Reviewing Officers’ conclusions that Flight Lieutenants Tapper and Cook were negligent to a gross degree are no longer sustainable and must therefore be set aside. We therefore order that those findings shall be set aside’.
I am writing to the widows of the two pilots, to the father of Jonathan Tapper and the brother of Richard Cook to express the Ministry of Defence’s apology for the distress that was caused to them by the findings of negligence. I wish also to express that apology publicly in this House today.
Lord Philip’s analysis is very clear. To put it as briefly as I can, he identifies the central point as being that, according to the regulations in force at the time, a finding of negligence should have been made against air crew who had been killed in an accident only if there was “absolutely no doubt whatsoever” about the matter. Although the two air chief marshals who acted as the reviewing officers for the board of inquiry and made the findings themselves had no doubts on the matter, Lord Philip is clear that that is not enough. The question that needed to be asked was whether there was any scope for doubt in anyone’s mind. In this case, other, competent, persons did have doubts. That is sufficient to warrant the conclusion that the findings should not stand.
I would like to make four further points. First, this report does not purport to tell us exactly why Chinook ZD576 crashed. It is central to Lord Philip’s report that the exact cause will never be established, and I am convinced that pursuing the matter further would serve only to increase the distress of the family and friends of those who died in the accident. But those who allege a long-running conspiracy to cover up technical shortcomings in this aircraft will find no support here. The Chinook has had an excellent safety record since the disaster at the Mull. It has been a mainstay of our operations in successive theatres of war and it has the full confidence of those who fly it. On this occasion, however, the report reveals that the pilot expressed concerns that he felt unprepared to fly the aircraft.
Secondly, I want to emphasise that Air Chief Marshals Sir John Day and Sir William Wratten, now retired, who made the decision were and are highly respected and experienced airmen who acted at all times with full conviction as to the right and proper course and in good faith. They did not reach their decision lightly and they did ask for legal advice. Regrettably that legal advice, although subsequently endorsed by independent Queen’s Counsel, has now proved to be incorrect. I attach no personal blame to these distinguished officers and their advisers.
Thirdly, the procedures for investigation of air and other military accidents were changed some years ago, with the result that it is no longer the practice for boards of inquiry—now service inquiries—to ascribe blame to those involved, whether or not they survived the accident. This was because sometimes the business of ascribing blame can get in the way of finding out what actually happened and, most importantly, preventing any recurrence.
Fourthly, the report makes one further recommendation: that the Ministry of Defence should reconsider its policy and procedures for the transport of personnel whose responsibilities are vital to national security. I accept that recommendation too. It has implications for land and sea as well as air transport. I have directed my officials to ensure that the policy and procedures in place across all three services ensure that we do not unnecessarily risk so many individuals who are vital to national security on one vehicle. It is worth noting that Flight Lieutenant Tapper had asked for the passengers on the Chinook that crashed to be split between more than one helicopter.
This has been an unhappy affair that has caused much reflection within the Royal Air Force and anguish for the families of those who died, and particularly for those who were wrongly officially found to have been negligent to a gross degree. I hope that this report and the action that I have taken in response to it will bring an end to this chapter by removing this stain on the reputation of the two pilots”.
Lord Rosser
My Lords, I thank the Minister for repeating the Statement made in the other place by the Secretary of State for Defence. As a result, an opportunity has been provided to enable noble Lords from all sides of the House to express their views in the light of the Statement on a tragedy that has been the subject of considerable comment and concern.
We pay tribute to the 29 people who died in the accident, and to the dignity and bravery of their families. We add our thanks to Lord Philip for his review of and report on the tragic accident in June 1994, when a Chinook mark 2 helicopter crashed on the Mull of Kintyre, and also to the panel of three Privy Counsellors who assisted Lord Philip in his work, two of whom are Members of your Lordships’ House.
The review was mainly of the written record of the board of inquiry and of other related evidence that, it was felt, might throw light on the findings of the board. The original board of inquiry made no finding of culpability, but the two reviewing officers made a finding of gross negligence in respect of the two pilots. It is unfortunate that some of Lord Philip's conclusions were apparently leaked, as they were fairly extensively reported over last weekend. Perhaps the Minister might like to comment on this in his response and tell us what action, if any, is being taken.
The principal recommendation that the board of inquiry finding of negligence to a gross degree should be set aside has been accepted and implemented by the Defence Council. Lord Philip felt that the Ministry of Defence should consider offering an apology to the families of Flight Lieutenant Tapper and Flight Lieutenant Cook. The Secretary of State for Defence has just given that apology and we agree with that.
There is also an issue of the large number of key personnel who were travelling together on the Chinook that crashed. The matter was reviewed after the board of inquiry and guidance was produced, and I note from the Statement that the Secretary of State intends to take another look at this issue to reassure himself that procedures are adequate and appropriate. Lord Philip has also commented on the board of inquiry procedures at the time of the accident but indicated that his concerns have been met by subsequent changes to those procedures.
The terms of reference of the review were:
“To examine all available evidence relating to the findings of the board of inquiry into the fatal accident at the Mull of Kintyre on 2 June 1994; and to report conclusions to the Secretary of State for Defence as soon as possible”.
The review was not asked to make conclusions as to the cause of the accident but it did not find new evidence to suggest mechanical failure, and no safety issue with the Chinook mark 2 has been raised in the report. Lord Philip’s conclusion is very specific. He states that according to the regulations in force at the time, a finding of negligence should only have been made against air crew who had been killed in an accident if there was “absolutely no doubt whatsoever” about the matter. Lord Philip indicates that competent persons did have doubts, albeit not the reviewing officers, and that accordingly the findings should not stand.
It would appear that successive Secretaries of State, initially from the Conservatives and then from Labour, serving from the time of the incident until the last election, felt they should follow the view of the reviewing officers, which was backed up by legal advice, even though it now seems from Lord Philip’s report that the RAF’s own regulations were not followed since there was not the necessary level of proof—namely, “absolutely no doubt whatsoever”—which there should have been for a finding of gross negligence. Indeed, investigations by the Public Accounts Committee in 2000 and a Select Committee of your Lordships’ House in 2001 both found that the findings of the board of inquiry did not satisfy the burden of proof required.
The Secretary of State and the Ministry of Defence accept Lord Philip’s finding that there was room for doubt on the matter and that therefore the finding of negligence to a gross degree was unjustified. We believe that, in the light of Lord Philip's report, the Secretary of State and the Ministry of Defence have made the correct decision. It is only right that if a finding of negligence to a gross degree is to stand, the evidence must be such as to leave no doubt whatsoever. Lord Philip has quite clearly found that not to be the case.
I have three questions to put to the Minister. In the Statement, it was said that the report reveals that the pilot expressed concerns that he felt unprepared to fly the aircraft. Could the Minister tell the House how this matter was dealt with at the time, and what lessons have been learned and implemented? Secondly, can the Minister say what issues surrounding compensation for the families of the deceased arise from the report? I hope that this now brings this matter to a conclusion—one that all will feel able to accept. With that sentiment in mind, I have only one further question to ask the Minister: will he confirm that there will now be no further reviews or enquiries seeking to establish the cause of the accident?
Lord Astor of Hever
My Lords, first, I thank the noble Lord for his support for the work carried out by Lord Philip and his review. I am also grateful to the noble Lord for his support for what my department is trying to do to establish what happened and what lessons can be learnt. Like the noble Lord I, too, pay tribute to the 29 people who died in this accident and to their families.
The noble Lord asked me several questions, the first of which was about the leaks. It was disappointing that Lord Philip’s main recommendation was widely reported over the weekend. We commenced enquiries immediately to establish who was responsible and those enquiries continue. There has been a lot of wild, inaccurate and unhelpful speculation in the press, which must have been very distressing and concerning to the families. I deeply deplore that.
The noble Lord asked me about key personnel travelling together. As Lord Philip’s report acknowledges, we reviewed our process for transportation of personnel vital to national security after the board of inquiry, and we did produce guidance at that point. However, the Secretary of State has said that he wants to take another look to reassure himself that our procedures in this area are adequate.
The noble Lord also asked about the safety issues relating to the Chinook. Lord Philip’s report raises no safety issue with the Chinook mark 2. Indeed, Lord Philip writes in his report that,
“it is now regarded as a highly successful aircraft”.
The Chief of the Air Staff endorsed this position and wrote to the Guardian in January last year. He said:
“The Chinook helicopter has a remarkable safety record and has proved a mainstay of recent operations”.
The noble Lord pointed out that the pilot had expressed concern. I quote from Lord Philip’s review:
“We were told that Flt Lt Tapper telephoned his Deputy Flight Commander on the evening before the delivery of ZD576 to Northern Ireland expressing concern that some time had passed since his conversion training. He felt unprepared to fly the aircraft. He had attempted to persuade the tasking authority to spread the load between more than one aircraft, but his request had been refused”.
My Lords, I am sure lots of lessons have been learnt from that, and certainly we put safety as an absolutely pre-eminent issue as far as the Royal Air Force is concerned.
The noble Lord asked me about compensation for families. This is a confidential matter, but I can assure him that this will be taken forward in the normal way. Finally, I can reassure him that I very much hope that this is the end of the matter. For the families of all those who were killed, I very much hope this is the end.
Baroness Liddell of Coatdyke
My Lords, I thank the Minister for his repetition of the Statement from the other place, and also thank the Secretary of State for the willingness with which he has acknowledged the conclusions of Lord Philip’s review. Will the Minister reiterate his thanks to Lord Philip for his tenacity and his wisdom in dealing with this matter, and also to my noble friend Lord O’Neill of Clackmannan? He has worked closely with the families, as recently as today, to ensure that they are kept up to speed with what is happening in your Lordships’ House and in the other place.
All of this sorry saga hinges on a piece of legal advice that was wrong. It is unfortunate that that happened. There are family members of both Flight Lieutenant Tapper and Flight Lieutenant Cook who did not live to see this day. Our sympathy goes to them as well. Will the Minister acknowledge that many lessons had been learnt before now in matters of how deceased air crew are represented before a board of inquiry? It is not before time that we now have a system that ensures that this miscarriage of justice cannot ever again be repeated.
Lord Astor of Hever
I thank the noble Baroness for what she said, and I certainly echo her thanks to Lord Philip. I also thank the noble Baroness herself and my noble friend for all the very hard work that they put into this excellent report. I also assure the noble Baroness that many lessons have been learnt from this whole process, and hopefully we have a template to make things very much better in the future.
Lord Bannside
My Lords, as the representative for North Antrim in another place at the time of this happening, this is a sad day. Yet it has some gladness about it, because the record of the two men concerned is now clear. That is a great relief to the families and to those of us who have followed this carefully. I, as the MP for that area, followed it very carefully and in fact raised it in another place. The years have gone by. Today, the fingers no longer point at the two men at whom they were pointed. I am relieved that this matter has come to this conclusion. Of course, there will be soreness; death is cruel, and so are the circumstances that bring about such deaths. I thank the two brilliant men who served their Queen and country well. They have now passed to the other side without any blemish upon them. I am sure that on the great day when all secrets are revealed, there will be full justice for all. There will be a degree of joy and gladness that this matter has come to this end. I do not want to make any other comment than that.
I thank the Minister for repeating the Statement. I thank the Government for listening. I was a bit of a nuisance to them, and I needed to be, but I am glad that we have this good finding today. The way of two wise men will stand the test, and it has stood the test.
Lord Astor of Hever
I thank the noble Lord for what he says and I agree with him. I pay tribute to all those in this House, the other place and outside Parliament who have made this day possible.
Lord Forsyth of Drumlean
My Lords, will my noble friend pass on my thanks, on behalf of all the people who took part in this inquiry, for the speedy way in which the Secretary of State has considered our report, and for the way in which he has accepted the recommendations, made a fulsome apology and handled this sensitive situation with the families so very well? Having said that, and having looked at this matter in considerable detail and had some pretty robust exchanges, it should be clearly understood that the air chief marshals concerned, in reaching the conclusions that they did, were misdirected. They acted in the best possible way and felt that they were carrying out their duties. The fact that this matter has now been resolved, and that the two pilots who were killed while serving their country have had this stain removed from them, is a great tribute to my right honourable friend the Secretary of State who initiated the inquiry and to Lord Philip who led it. He has achieved something that I have not achieved in 30 years of my political career—unanimity between me and the noble Baroness.
Lord Astor of Hever
My Lords, I thank my noble friend for that question. I assure him that I will pass on what he says to the Secretary of State. He referred to the reviewing officers—the two air chief marshals. It is very important that I say this to the House: the integrity and diligence of both senior officers whose duty it was to review the board’s finding—Air Chief Marshal Day and Air Chief Marshal Wratten—are beyond question. They had all the available evidence before them and reached their verdict with scrupulous care and total honesty. They took appropriate legal advice before reaching their decision. They clearly did everything they could to secure advice in order to make a comprehensive assessment of the evidence before coming to their findings.
Lord O'Neill of Clackmannan
My Lords, I am chairman of the Mull of Kintyre Group, which has pestered successive Secretaries of State, and, indeed, Prime Ministers, since 1996. This is a day from which we derive considerable satisfaction. Speaking from the opposition Benches, I give full praise to Liam Fox and his colleagues for the manner in which they set up the inquiry and accepted its findings. I also pay tribute to my two colleagues in this House, and Malcolm Bruce in the other place, for the work that they did with Lord Philip in coming to what we regard as a satisfactory ending to a sorry tale. It is a satisfactory ending that should not only enable the two families of the men who have been wronged for so long but afford an opportunity for the book to be closed for the other 27 families whose support in this has been a great consolation to us.
We know that attempts have been made to develop conspiracy theories and to find a silver bullet. The truth is that there is no silver bullet. However, there has been a gross injustice based on legal advice that appears now to have been fundamentally flawed. I would like to think that the MoD will be more careful in the manner in which it seeks and ultimately accepts legal advice of this gravity in the future. I should like to think that the counsel from whom the MoD sought advice will never be employed in that capacity again.
Lord Astor of Hever
My Lords, I am grateful to the noble Lord for this all-party support. As I said to the noble Lord opposite, I very much hope for the sake of all the families that this matter can now be closed. That is really important. We will never know the truth of what happened that evening, but today is a happy day.
Lord Alderdice
My Lords, I confirm what my noble friend said: that there is indeed all-party support for the Government’s decision and today’s Statement. I remember well, as do many noble Lords, the events of that day and the shock felt throughout these islands, but particularly in Northern Ireland. While it was a huge tragedy that those 29 people were killed, in my part of the world, because of the extraordinary degree of intelligence that was held in the minds of those people, there was a great fear that many other lives were about to be lost to the terrorist cause because of the death of these extremely skilled and high-serving officers.
Does my noble friend understand that in my part of the world there remains anxiety and concern that the request of the young officer that the 29 should not fly together was set aside? It seems that that approach has not been fully resolved until now, and the Minister is indicating that there will be a further review on procedures. These are not complicated questions. There is a notion that it requires a review of procedures to ascertain whether it was wise to take 29 of the most senior security service officers together, but this is a matter of common sense, not policies and procedures. Can my noble friend understand the anxiety that the Statement creates: that it takes policies and procedures in the Ministry of Defence rather than common sense to deal with the security of our people?
Lord Astor of Hever
Again, I am grateful to my noble friend for this all-party support for the decision. Of course I understand the anxiety. I clearly remember that terrible, terrible day and I quite understand how it must have felt in Northern Ireland. As I said earlier, the Royal Air Force has learnt lessons from this disaster and its safety standards are higher than those of any other air force in the world.
Lord Gilbert
My Lords, it fell to me, rather sadly, on 22 May 1997 to make my maiden remarks in your Lordships’ House on this very subject. What we have heard today is a lawyer telling us that he disagrees with a decision of another lawyer. This is not a criticism, as I fully understand the deeply held emotions of people on this subject, but we have not heard a thing today about how the crash occurred. I refer noble Lords to col. 559 on 22 May 1997. The pilots elected to fly under visual flight rules, which state that one must at all times be in visual contact with the ground. We know that the highest point of the Mull of Kintyre is 1,463 feet above sea level. About 40 seconds from impact, the aircraft was flying at a height estimated at between 200 and 400 feet. It flew from visual meteorological conditions into instrument meteorological conditions. It was approaching the Mull of Kintyre at least 2,000 feet below the height at which it should have been under instrument flight rules in order to clear the Mull.
I am afraid that I will upset a lot of my friends when I say that there is no doubt whatever in my mind that the crash was down to pilot error. We have not heard a thing today about the plane being unsafe—not a word. That is because it was not: it is a brilliant piece of kit. I am a sorry that I have to disagree totally with this decision. I support the air marshals in the decision that they came to.
Lord Astor of Hever
My Lords, I sat through the debate in 1997: I have a copy of it here, including the noble Lord’s speech. I support Lord Philip’s finding that there was room for doubt on the matter and that therefore the initial finding of negligence to a gross degree was unjustified. Lord Philip did not find that the pilots were blameless, but rather that it was not clear beyond absolutely any doubt whatsoever that they were negligent. Those are the four important words: “absolutely any doubt whatsoever”.
Lord Stirrup
My Lords, the Minister explained that Lord Philip’s ruling on a point of law means that a finding of gross negligence is not sustainable. However, in relation to some of the issues that have been raised, and perhaps as an aid to clarity for Members of the House, will the Minister tell us what view Lord Philip took of the conduct and findings of the board of inquiry into the most probable cause of the accident?
Lord Astor of Hever
My Lords, Lord Philip's review concluded that the test on which the air chief marshals came to their finding of negligence to a gross degree did not meet the standard of objectivity that he judged to be right. Therefore, the finding has been set aside. Lord Philip did not criticise in any way the conclusions drawn by the president of the board of inquiry.
Lord Eden of Winton
My Lords, as someone who took part in the first debate in this House on this subject, perhaps I may ask, very quietly and gently, how it is possible that it has taken so long for this conclusion to be reached: namely, that there was not sufficient clarity to confirm the errors attributed to the pilots. As my noble friend said, there had to be a conclusion that there was no reasonable doubt. This point was pressed very hard during the first debate and in all subsequent exchanges. Were it not for the persistence of honourable Members and members of the pilots’ families, this matter might still have been subject to the wrong conclusion. Therefore, as others have done, I thank my noble friend and, through him, the Secretary of State for Defence for having ordered this further inquiry. I emphasise the point with which he concluded his Statement; it is to be hoped that this will draw a line under this very sad event.
Lord Astor of Hever
My Lords, I deeply regret that the time that has elapsed has added to the families' distress. The Secretary of State has apologised for the sorrow caused to the families by the original finding of negligence to a gross degree. I share my noble friend's aspirations that this will be the end of the matter.
Lord Browne of Ladyton
My Lords, I welcome the Minister’s Statement. I also welcome the report of the review body and wish to be associated with the words of gratitude to Lord Philip and his review team. I particularly commend the clarity of this report to noble Lords; it is in the clarity that the decision is supported, as we have already heard in this House this afternoon. At the heart of this report is the decision that the legal advice that informed the original decision—repeatedly tested, I have to say, including independently—was wrong.
For my part, when I was Secretary of State for Defence, my noble friend Lord O’Neill and others of his group made representations to me and presented me with quite a substantial body of information arguing for just this outcome. I challenged the legal advice, in the sense that I sought independent legal advice. Indeed, I went further because I challenged another point of law—it has not become part of this report—which I think should also have instructed the conclusion that we have today. I regret that I was no longer in post when that process came to a conclusion.
I do not know this, but I am certain that the original legal advice was reinforced by the advice that came to my successor, my noble friend Lord Hutton, when he was Secretary of State for Defence. I have no way of knowing that that was the case, but I suspect it was. While I understand that this appears to be an argument between lawyers, there is a pretty straightforward argument at the heart of this, which Lord Philip and his review team exposed in a simple and uncomplicated fashion. For those reasons I welcome this decision.
I am pleased for the families of Flight Lieutenants Tapper and Cook that this conclusion has been come to today. However, other families were involved in this dreadful tragedy, the anguish of which has been protracted over a long period. I know from my own information that many of those families and individuals in them were disturbed because of the controversy that continued in relation to this. Every time the issue was raised, there was trauma for individuals and families of the other 27 deceased. I seek reassurance from the Minister that the department with responsibility for this will ensure that those families are supported through this process, because some of them are now left in a situation where they do not know what was responsible for the death of their loved ones.
Lord Astor of Hever
My Lords, I thank the noble Lord for the points that he makes and his question. I also thank him for his support. I agree with what he says about the clarity of the report. I was aware of the noble Lord’s concerns when he was Secretary of State and, like him, my thoughts are with the families of all the 29. They will be supported by my department and, to start with, they will get copies of the report and the discussions in this House and the other place, and that will be followed through.
European Union Bill
(12 years, 10 months ago)
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18:44 - Division on Motion B1 - Ayes: 210 / Noes: 244 - Motion B1 disagreed.
20:21 - Division on Motion D1 - Ayes: 148 / Noes: 215 - Motion D1 disagreed.
Lord Williamson of Horton
My Lords, we have not proposed any amendment to Motion A, which has been moved by the noble Lord, Lord Howell of Guildford. Accordingly, we accept the decision of the House of Commons to refuse any role for Parliament in the event—a perhaps rather unlikely event—of a referendum with a small or even derisory turnout. It is regrettable that, not just in relation to this Bill but in relation to other issues more widely, we have not established how we might deal with such cases. As we see in the Localism Bill and elsewhere, the referendum is likely to play a much bigger role in government in Britain in the future and on more issues.
Although in this case the House of Commons has refused the role which this House proposed for Parliament, no doubt the noble Lord the Minister will agree that because Parliament is sovereign it could in the future, if it so wished, amend the Act to insert a role for itself as we proposed in relation to a low or very low turnout in a specific referendum. But that issue does not arise today.
Lord Triesman
My Lords, I want to associate this side of the House with what the noble Lord, Lord Williamson, has said. The matter will not be pressed today but I would ask the House to understand the reasons in the briefest sense for why this was argued and why I think, even in the earlier example of devolution decisions in the past, people were keen to see some sort of threshold. The proposal for a 40 per cent threshold is not a benchmark which would be insisted on for every kind of vote in every kind of circumstance, although some people might in many circumstances wish to see that figure exceeded.
We are talking about changes in quite fundamental constitutional arrangements. It seems quite reasonable to say that there should be some degree of consensus that is visible and substantial when a major constitutional change is to take place. These changes in relationships with Europe would be significant constitutional changes, which is precisely why this legislation is before the House in the first place. It would be wrong to say that it is not simply a matter of how many turn up to vote because whatever the proportion was you would still have to win the vote as well in order to achieve the result.
To conclude, a number of constitutional changes are before your Lordships’ House in this parliamentary Session. We have had them on constituencies, on AV and in this Bill. We will probably see some in any Bill about reform of your Lordships’ House. In introducing piecemeal constitutional change, always with the possibility of it being adopted without there being real and genuine safeguards, we will end up with a set of jig-saw pieces from different jig-saws all shaken into the same box and without prospect of being joined together in any realistic way or without people making realistic decisions about the overall impact of what we are doing. We deny ourselves the safeguard today and, once again, I suspect that we will regret it.
Baroness Williams of Crosby
My Lords, I consider that the very strong and articulate arguments put forward by the noble Lord, Lord Williamson of Horton, and very carefully considered by this House, deserve a little more than the rather supercilious dismissal of the whole argument by the other place:
“Because the outcome of the referendum should be determined by those who vote in it and should not depend on how many do not vote”.
One might say that that is almost contemptuous. I support what the noble Lords, Lord Williamson of Horton and Lord Triesman, have said, although I do not expect them to press the matter to a vote.
Lord Howell of Guildford
My Lords, I hesitate to enter again into the whole great debate on referendums, which really moves us away from the issues of the European Union Bill. My noble friend Lady Williams has again put forward some strong arguments. These are matters that have been debated over the years. When we come to a Bill of this nature, the issues are similar to when one comes to legislation about local elections or elections to the European Parliament. Indeed, I believe there is even a parliamentary election on record in this country where the vote has been below 40 per cent but no one has suggested it should be invalid.
I suspect this debate will continue, but it is the view of the Government that in these circumstances such a threshold would create a charter for the abstentionists. It would be extremely attractive to those who were anxious not to vote and to promote the desire not to vote. It would undermine the whole purpose lying behind the structure of the Bill, which is to check the haemorrhaging of confidence and popular support for the European Union’s development and to reinforce the case for the European Union’s development. That is why I am a little sad to hear those who have dedicated their lives and efforts to promoting an effective and fit for purpose European Union not supporting it. However, I understand the alternative views and I leave the matter there.
Lord Hannay of Chiswick
I am grateful to the noble Lord for giving way, but it is a pity that he has to caricature what the original amendment said. It did not suggest that a vote with a turnout under 40 per cent would be invalid. It suggested that it would be advisory and not mandatory—that is completely different. Frankly, some of the arguments that were adduced about the level of participation in the European Parliament elections are not transposable whatever to the area we are currently discussing, which is a national referendum.
Lord Howell of Guildford
Perhaps I should have hesitated longer before speaking because we are opening up the whole issue again. The invalidity I am applying is that the referendum would then become advisory, whereas the whole requirement and central thrust of the Bill is that the referendum is mandatory on Governments, not on Parliaments—you cannot be mandatory on Parliaments. That is what I intended to say, so I am sorry if I did not convey it accurately. We have had the debate, so I beg to press the Motion.
Lord Wallace of Saltaire
My Lords, we now turn to the list of decisions in the existing treaties which were previously subject to the requirement of approval by Act and by referendum under Clause 6 but which for the most part would require approval only by Act as a result of your Lordships’ amendments. As with the previous amendments, the Government listened carefully to the arguments put forward after the amendments were agreed by a vote of 214 to 209 in this House. The other place considered these issues further two days ago after having examined in detail the make-up of Clause 6 during its consideration at the start of this year. It has disagreed with your Lordships’ amendments on the basis of our opposition to these changes and by consensus. In so doing, the shadow Europe Minister, Wayne David, said:
“Of course, Members in the other place are entitled to their views, but we have reservations about the proposal that referendums should be confined to these three subject areas, and it is important to put on the record that my comments set out the Labour party’s position”.—[Official Report, Commons, 11/7/11; col. 75.]
It now falls to your Lordships' House to consider whether to insist on its amendments on the basis of the approval of this clause, twice over, by the other place. I would be particularly interested to learn from noble Lords on the Front Bench opposite whether they will reflect the Labour Party’s position today or continue to adopt a different approach.
In moving the amendments on Report, the noble Lord, Lord Hannay of Chiswick, stated that,
“the long list of potential referendums is excessive and disproportionate”.—[Official Report, 13/6/11; col. 552.]
While I appreciate that there are strongly held views on this issue, I should like briefly to repeat why the Government do not agree with this view. The coalition’s programme for government sets out at the start of the section on Europe that,
“no further powers should be transferred to Brussels without a referendum”.
All the decisions listed in Clause 6 in its previous form would constitute such a transfer, as recognised by the other place in its reason for disagreement. As we have made clear previously, Clause 6 consists of five self-standing decisions of great sensitivity, such as on whether to join the euro or to give up national border controls, and seven sensitive national vetoes using a passerelle and avoiding formal treaty changes.
We are debating this Bill in the context of a wide malaise within the European public across most EU member states and a worrying disconnect between the Brussels institutions and the national publics of the member states. Michel Barnier, European Commissioner for the Internal Market, said in a recent speech in Berlin:
“For 60 years we have been building Europe for its citizens and in their name; but too often we have been doing it without them. A malaise has taken hold and the gap between Europe and its citizens has gradually widened”—
that is to say, not just within the UK but across the EU. The deference on which Europe was built, which was given to managerial élites in Brussels on behalf of its peoples but without their informed understanding and consent, and through which substantial powers were transferred to Brussels, has now disappeared. We have to rebuild public confidence in institutionalised co-operation among European Governments. We have to carry our voters with us, not sweep through complex multilateral commitments over their heads.
Successive Governments in Britain have failed to make the case for positive European engagement over the past 20 years or more. Suspicions of French and German intentions, woven into an anti-European narrative, have been endlessly recycled in much of the British media. Some noble Lords might like to reflect on whether there ever was a Faustian pact with the Murdoch press in its Anglo-Saxon but anti-European stance, whereby it would support British Governments so long as they maintained an opposition to stronger European co-operation and in particular to international regulation of media ownership and competition.
If I may speak as a Liberal Democrat, I am entirely comfortable with the constructive approach that this coalition is taking to relations with our European neighbours, large and small, and its positive engagement with the institutions of the European Union. However, it will take us time to regenerate public confidence and to rebuild public trust. The provisions of the Bill, including those of Clause 6, are there to reassure our sceptical citizens that the British Government will not attempt to slip past them unexplained further transfers of power or competence to institutions which at present, sadly, inspire limited loyalty and widespread mistrust.
The other place has now considered the scope of Clause 6 on two occasions. In both cases the other place has approved that the scope of the referendum requirement should incorporate the 12 decisions. On the second occasion it did so by overwhelming consensus. It now, therefore, falls to your Lordships’ House to consider whether or not to insist on its amendments, but I beg to move that it accepts the view of the other place.
Motion B1
Lord Liddle
As an amendment to Motion B, at end insert “but do propose Amendment 13B in lieu”
( ) Where this section requires that the referendum condition is met before a decision is approved, the referendum condition will only be mandatory where a Minister of the Crown lays before Parliament a statement indicating that in the Minister’s opinion the issue in question is of major economic and constitutional significance.”
Lord Liddle
My Lords, I beg to move Motion B1 in the name of my noble friend Lord Triesman. The original amendment which this House carried reduced the number of referendum locks in the Bill from 56 to three—that is not counting major treaty change. That was the amendment that we carried and that has been considered by the other place. This amendment substitutes for the position we took on that occasion the view that referendums should be mandatory only where, in the view of the Secretary of State, they are of major economic and constitutional significance. I assure noble Lords opposite that that is fully in line with the policy of the Labour Party.
When the Bill first went through the House we were told many times by the noble Lord, Lord Howell, that all the issues covered were constitutionally or economically significant, but when you actually look at it, that cannot be the case. When you look at the questions of moving from consensus, or unanimity, to majority voting listed in Schedule 1 to the Bill, they cannot conceivably be regarded as constitutionally significant. For instance, there are matters such as the approximation of national laws affecting the internal market, the guidelines of economic policies and excessive deficit procedures. As we know, on one of these items—the British Government changing the list of military products exempt from internal market provisions—the noble Lord, Lord Kerr of Kinlochard, pointed out that we had been arguing for this as a country in our national interest for years in the councils of the Union. So the Bill contains far more referendum locks than those that could be regarded as of major constitutional significance.
Noble Lords on the government Benches are fond of quoting the Lords Constitution Committee when it suits them. What they fail to quote is the major conclusion of the Lords Constitution Committee on referendums—that they should be used only on matters of major constitutional significance. They cannot conceivably argue that all the items covered here pass that test. If we do not apply this test, as in this revised amendment, we are making a major move from a representative democracy to a plebiscitary democracy and that is something that should be of as much concern to Eurosceptics as it is to pro-Europeans.
The other problem with this plethora of locks, as we have argued before, is that they will gravely inhibit the ability of any British Minister or Government to represent our national interests in Europe on a flexible basis as issues come up. No Government will volunteer to hold referendums, not because they fear Euroscepticism but because, as has been shown by all the academic evidence that has studied them, referendums are, in the main, decided by the people on issues other than the question being asked. That is what you get in a plebiscitary democracy. All kinds of issues are decided on questions that are nothing to do with the subject of the referendum. If it is impossible to put issues to referendums, then Britain will be very constrained in its European policy. If this is continued for 10 or 20 years, it is bound to lead to a process of British self-marginalisation in the European Union.
I do not believe for a second that that is what the noble Lords, Lord Howell and Lord Wallace, and the Benches opposite want. However, the truth is that the Adullamite cave of anti-Europeans in the other place and in the Conservative Party, who have insisted on putting the Bill in the coalition agreement, want to make Britain marginal in Europe because they want the Bill to lead to Britain coming out of the European Union.
Lord Dykes
Is not the noble Lord also perturbed that at the last annual Ditchley lecture the former Prime Minister, the right honourable John Major, feared that Britain was already a semi-detached member of the European Union?
Lord Liddle
Yes, I heard that John Major had said that. It is a great concern, which will grow as a result of this policy.
Lord Pearson of Rannoch
The noble Lord was telling the House how frightful it would be if the United Kingdom were to leave the European Union. I do not know whether he has seen the latest state of public opinion in this country, which is very much at odds with your Lordships’ House. If the noble Lord cares to read a newspaper—which may not be his regular reading—in the shape of today’s Daily Mail, he will see that the public now would vote by 50 per cent to 33 per cent to leave the European Union if a referendum were held tomorrow. Your Lordships are even more out of touch with the British people of your own generation because among the over 60s the percentages are 61 per cent to leave and only 29 per cent to stay in. That is a poll carried out by YouGov@Cambridge for the political news website Dods PoliticsHome, so it is quite respectable. The noble Lord and your Lordships who do not like the Bill are completely out of touch with British public opinion.
Lord Liddle
That is because the argument for British membership of the Union has not been made forcefully. That is why we need to do that in future. However, we are not going to do that as a result of this Bill. That is where noble Lords opposite are wrong.
All our political institutions suffer from major distrust. If, again, you consider the polling evidence on trust in Parliament or trust in the Government, you will find that there is as much mistrust in the British Government, the British Parliament and the British political parties as there is in the European Union. Of course, one does not underestimate the degree of scepticism among the public, but it is ironic that we are discussing the question of Europe today when the Murdoch press is in such difficulty in its relations with the British people. I do not know how many noble Lords in this House have received mail and been approached by members of the public because of the amendments that we carried when the Bill went through the House before, but I suspect very few. The real public anger today is directed at the media—particularly at the Murdoch press and at News International, which more than other organisation has used its position to obstruct positive British policy in the European Union. By going along with this Bill we are sacrificing representative democracy and Britain’s ability to pursue an effective policy in Europe.
I do not think, as I say, that is why the proposers are putting this Bill forward. I think that the Liberal Democrats are rather embarrassed by this piece of legislation, despite what the noble Lord, Lord Wallace, has told us.
It may upset the noble Lord, Lord Pearson of Rannoch, greatly but I have a lot of friends in Brussels. One of them passed on to me a letter that Nick Clegg, the Deputy Prime Minister, had sent to Andrew Duff MEP about this piece of legislation. Towards the end, it says:
“In addition, any referendum to ratify a Treaty change covered by the EU Bill’s referendum lock must first be preceded by an Act of Parliament in order to provide Parliamentary approval and to make provisions for the holding of a referendum”.
We all agree about the Act of Parliament. He goes on to say:
“This would, for example, enable a future Parliament to decide that the provisions in the EU Bill should not apply by amending the Treaty change Bill to that effect”.
The only way I can read that statement is that the Deputy Prime Minister believes that the provisions of what would become the European Union Act 2011 would not apply if, in future legislation ratifying a European decision or a European treaty, a clause was inserted that the question was not constitutionally significant and therefore did not justify a referendum. I would very much like to know whether the Minister agrees with that interpretation of the Deputy Prime Minister’s letter; whether he agrees and accepts that in any future Act ratifying an EU decision a Minister could insert a clause rather along the lines of our amendment; and if so, why the Government refuse so adamantly to accept this sensible amendment? I beg to move.
Lord Blackwell
My Lords, the noble Lord, Lord Liddle, called his amendment sensible. We should be clear that it is a wrecking amendment. It requires the Government to assert that a proposal is of major constitutional and economic significance. The noble Lord himself said that no Government voluntarily submit to a referendum. No proposal would come into the scope of this Bill unless the Government had supported it and had voted in favour of it in the European Union, so we can take it that the Minister and the Government would be behind whatever proposal was being put forward. We are then asking the Minister to volunteer to put a referendum through the terms of his amendment. As he said, no Government will voluntarily do that. We have the example of the Government’s record on the Lisbon treaty, which by every measure should have been put to a referendum but which the Government solemnly told the House did not require one. It is partly because of that that we have the mistrust to which the noble Lord, Lord Wallace, referred.
Because of the Lisbon treaty we now have a treaty that allows many changes to the fundamentals of our treaty relationship with Europe, including the removal of vetoes on a whole range of policies covered by Clause 6, and amendments to the scope of the institutions and the powers of the European Union itself through the passerelle clauses. All are to be done through the agreement of Governments without the need for a treaty change, and therefore without the need for a referendum on a treaty change. That is why we need Clause 6: because the Lisbon treaty enabled those changes to be made without a treaty change, and Clause 6 ensures that that is picked up. The noble Lord’s amendment would completely destroy that provision and overturn the view of the other place.
Lord Hannay of Chiswick
My Lords, as the person who tabled most of the amendments that are the subject of this debate, I should say a few words. One is meant to rejoice when a Minister eats a large quantity of humble pie. I have to say, I am not rejoicing at listening to the noble Lord, Lord Wallace, eating humble pie for having helped to lead his party to the various majorities that confirmed the Lisbon treaty. Frankly, it is a sad day when the Liberal party recants from the policy that it has pursued for so many years, saying that it is out of touch with the people and has not taken sufficient account of their views.
Leaving that to one side, I took the trouble to listen to the debate in the other place. I think I was the only Member of your Lordships’ House who did so. It was rather a sad occasion, much less well attended than this one. I am glad to see a wonderful cross-section of the views held in this House, which will no doubt be vigorously debated in the minutes or hours that follow. There was practically nobody there. When the noble Lord says that the decision was adopted by consensus, it was the consensus of around 15 or 20 people. They were mainly the people who went into the Lobby against the Government on Clause 18 and managed to muster 22 votes. They are therefore people who, by their own admission, would much rather than Britain was not in the European Union. That is a perfectly respectable position to take; it is the position that the noble Lord, Lord Pearson, takes.
On the matter that we are discussing now, I support the amendment. No one, including me, is persisting with the amendments that we tabled to the Bill and were voted on in this House. They would have reduced the number of referendums substantially, though not to only three. The amendment did not affect the provisions that would have required a referendum if any general constitutional treaty, such as Lisbon, Nice, Maastricht or the Single European Act, had come forward. That was not covered by the amendment that was rejected by the House of Commons. Only the numerous provisions that provide for 56 other referendums were covered.
I should like briefly to make three points in favour of this amendment. First, on marginalisation, given the problems with holding a referendum at particular moments in our parliamentary cycle, there is a risk that people may be minded to vote for reasons that have nothing to do with the question on the ballot paper. Therefore, a British Government would be compelled to reject a change in Europe that they believed to be in the British interest and wished to support because they did not feel able to go to the country in a referendum. This is exceedingly serious. That is why we should all listen rather carefully to someone I respect enormously, Sir John Major, who said at Ditchley in the annual lecture that he gave last Saturday that Britain was at risk of being a semi-detached member of the European Union. I know that is not the object of the Government. I have heard many government spokesmen flatly deny that and say how active we are. However, they should take this risk seriously.
Baroness Nicholson of Winterbourne
I was attempting to persuade the noble Lord, Lord Liddle, to give way during his very impassioned defence of this particular Motion. I merely wish to tease him a bit for one moment by saying that it is clear that he does not understand the readership of the Daily Mail—and I am sure that that is the case, as it does not appear to be his favourite reading, from what he said on an earlier intervention. But I do not think that he absolutely understands the Liberal Democrats either. Indeed, I am not actually sure that he listens to the Liberal Democrats. The noble Lord, Lord Wallace, made it absolutely plain in his statement that he was a Liberal Democrat, and I too, as the noble Lord, Lord Liddle, knows, belong to that party.
None the less, the noble Lord, Lord Liddle, made a very serious and profound point, which was reflected in his signature to the important letter to the Times today, which the noble Lord, Lord Hannay, and other immensely eminent noble Lords have signed also. The point, of course, is that the issues reflected in the EU Bill for referendums are of “fundamental constitutional importance”, to quote the letter. The statement made in the letter, which he reflected again today in his speech, is that:
“The Parliamentary Constitution Scrutiny Committee recommends that referendums should be confined to changes of fundamental constitutional importance”.
Of course, economy of the truth is something that others, maybe even Secretaries to the Cabinet, have used to great effect. While I personally disagree profoundly with him on losing a national veto over key areas outlined in the Bill being regarded as of “fundamental constitutional importance”—I think they should be—none the less, I take issue with the noble Lord for the way in which he has clipped the important statements made by the Constitution Committee in its report on referendums in the UK. The report goes on to say:
“There are difficulties in defining what constitutes a ‘fundamental constitutional issue’. Although some constitutional issues clearly are of fundamental importance, and others not, there is a grey area where the importance of issues is a matter of political judgment”.
The committee did,
“not believe that it is possible to provide a precise definition of what constitutes a ‘fundamental constitutional issue’”.
While it is,
“possible to set out in legislation specific issues which should be subject to a referendum”—
Baroness Quin
I am grateful to the noble Baroness for giving way. I was a member of the Constitution Committee and was very active in promoting the report on referendums. The noble Baroness should recognise that the committee as a whole was very sceptical about the use of referendums, which it wanted to be used only in very limited circumstances.
Baroness Nicholson of Winterbourne
I thank the noble Baroness. Of course she is absolutely correct. She was a member, so how can I argue with her? None the less, on the record the committee pointed out that Parliament should judge what issues will be the subject of a referendum.
I feel profoundly that that is why the other place has clearly supported all these issues that other noble Lords are seeking to remove. The other place has the touchstone of having the pulse of the electorate—after all, the other place is elected. In recent months, four out of five members of the public have said that they believe that transfers of sovereignty should be put to referendum, so I really think that noble Lords would do best to withdraw their opposition to the other place’s position and not press Motion B to a vote. I think it would be an error of judgment on their Lordships’ part.
Lord Grenfell
My Lords, I warmly support the amendment in the name of my noble friend Lord Triesman and which has been spoken to so eloquently by my noble friend Lord Liddle.
Occasionally, the peoples of small countries can give those of larger countries some salutary advice. Yesterday I had the pleasure of a meeting and a long discussion with the president of the Slovenian upper Chamber. We were discussing very openly the current political malaise in Slovenia—it is doing very well economically but there is political malaise there—and the fact that the people of Slovenia were completely turned off by the political class, both the Government and the Parliament. We were told that one of the major reasons for this was that they are fed up with having referendums. They are saying to the Parliament, “We elected you to take decisions and to govern, and a Government are there to govern, so why can you do nothing without first asking the people in referendums? We elected you to take those decisions”. I think that they have a point. This is a country that, not so long ago, had no democratic institutions at all. It had no means by which people could express their opinions; they have them now. What is their reaction to the massive referendums to which they are subjected? They say, “That is not the way we want to be governed. We did not give up the yoke of communism to be governed in this way”. Perhaps occasionally it is a good idea to listen to small countries.
Lord Lester of Herne Hill
My Lords, of all the people have spoken in this debate, the noble Lord, Lord Hannay, has the greatest practical experience, since he has had the responsibility of seeking to negotiate on the international plane in Europe and elsewhere. If he cannot persuade the House, nobody can. In supporting this amendment and therefore, I am afraid, not acting in accordance with the wishes of the Government, I agree with everything that the noble Lord, Lord Hannay, has said.
As somebody who, as I have said on previous occasions, takes his holidays in Ireland and has seen what has happened in the Irish referendum, I think that the good thing about this amendment is that it places us in roughly the same position as the Irish. They have referenda only according to constitutional criteria such as those in this amendment, so the Irish Government are not fettered with the inflexible overreach of the Bill as it otherwise stands. Therefore it seems to me that this amendment has the merit of Parliament authorising the Minister to exercise her or his discretion in the particular case using a criterion that is well understood and doing so under the authority of Parliament.
‘Otherwise, what we will really be seeking to do is to fetter decision-making by future Governments and Parliaments, even though that would be most unwise. I was once induced by the whipping arrangements to stand on my head and to vote against my own amendment. I then made it clear that I would not make an idiot of myself again in that way, and I do not propose to do so today either.
Lord Davies of Stamford
My Lords, this is a very revealing debate. The Government have behaved rather dismissively towards this House. The noble Lord, Lord Howell, has said, rather pro forma, that the Government have carefully considered our arguments. In actual fact, there has been no attempt whatever to come even 5 per cent of the way to meet us. I hope that, as a result, your Lordships will have the courage of their convictions and continue to stand by the principles we voted on previously. I particularly support this new amendment, brought forward by my noble friend Lord Triesman and so ably and vigorously argued by my noble friend Lord Liddle.
I said that it has been a revealing debate. I thought that the noble Lord, Lord Blackwell—the only Conservative to have taken part in this debate, so far at least—really gave the game away. He entirely supported the point I have been making all along: that no Government have a referendum voluntarily at all. If they can possibly avoid it, no Government ever have a referendum; that is exactly what the noble Lord said and exactly what I have been saying. That means that the apparent intention to have referenda on any or all of the 56 subjects in the Bill is entirely hypocritical. There is no such intention whatever. We all know that it would be quite absurd to have a referendum on almost all of them—on 50, at least, out of the 56. The British public would think it a ludicrous waste of time and money, and they would be completely right.
The intention is really entirely obstructionist, which is what I am so worried about. It sends the worst possible signal to our partners in the European Union. Indeed, it presages a period of great difficulty for us in our relations with our EU partners and our ability to positively influence the EU. It is so important that we influence the EU in the right way because it is such a vital element in the modern world, where in so many contexts we cannot possibly achieve our national purposes acting on a purely national basis. We need to form an effective, cohesive bloc with our European partners and argue with them in the relevant international fora.
What does one make of this argument that the Government keep on coming up with—the noble Lord, Lord Wallace, repeated it this afternoon—that this extremely obstructionist concept of having referenda on all those subjects is somehow indispensable in better communicating to the British public the virtues and merits of our membership of the European Union? The noble Lord’s argument really does not have any conviction at all; it does not ring genuine or true. Anybody who knows the first thing about marketing knows that if you want to sell something, the one thing you can never do is be negative about it. If you want to sell it at all, you have to sell it with enthusiasm and genuine conviction. Once you start saying, “Well, this is a problem so we need to apply brakes and think of new blockages”, and so forth, you have lost it completely. The noble Lord was a very distinguished professor of international relations but if he had chosen a marketing career, he would have been an absolute disaster. He would never have sold a single car or tube of toothpaste on the basis of the approach which he outlined this afternoon.
Our enacting this Bill will have two effects. One is that there will be substantive damage done to the interests of this country in specific areas. In an amendment on Report, I raised the issue of a single market in the defence industry. That is quite clearly in our national interests, but we would not now be able to agree to it unless we had a referendum. I went through that and explained that we really would shoot ourselves in the foot—that was the expression I used—if we went ahead with that. The Government did not seriously argue against that case at all. They simply said, “Sorry, we are embarked upon this course and there may be a few things to be thought of”. The noble Lord, Lord Howell, was nice enough to say that I may have some arguments there but that they would carry on regardless—that was more or less the response I had.
Let me give another case, because it is important to look at specific, concrete cases where it may be in the national interest to transfer powers or competences to the institutions of the European Union, particularly the Commission. A few years ago the Commission made a proposal that it should have the right to audit and monitor the accounts of member states. That was opposed by a number of member states, including ourselves and the Germans, and it did not go through. Had it been able to go through on a qualified majority voting basis then we would have had the Commission monitoring the national accounts of Greece. The scandals and mistakes that have occurred with devastating consequences—going into tens of billions of euros, as we all know, and the threat of a banking crisis which undoubtedly will affect us if it arises, and so forth—would have been avoided, because somebody else would have been able to go through those accounts. The European Commission would have been able to do so. Of course all the Eurosceptics in this Chamber and in the other place would have said, “Oh, this is a terrible thing because it is somehow another integrationist step forward”, but it would have been enormously in our national interest.
Lord Brittan of Spennithorne
My Lords, at this stage in our proceedings we have to do two things. First, we have to decide whether we are persuaded by the arguments put forward in the other place that what we have decided here should not stand up. Secondly, we have to decide, if we are not persuaded, whether we stand by what we have done or whether we acquiesce in what the other House has decided.
My fundamental objection to this Bill and my support for the amendments that we passed is based on a view which has not much to do with European affairs at all, but a great deal to do with the British constitution. Up to now, we have had a constitution in which the referendum, until modern times, had no role whatever. We had sufficient confidence in parliamentary government to believe that the representatives of the people should be responsive to the people but not slaves to the momentary wishes of the people, and that that was the right way in which decisions should be taken. A breach was made, 25 years ago, 35 years ago or more, but one breach and one breach only. This legislation changes the balance dramatically by making referenda, instead of extremely rare, things which could be extremely common.
The amendments that were passed by this House mitigate what I consider the damage to the British constitution a small degree. The question is, are we persuaded by the arguments put forward in the other place that the mitigation that we introduced is something which we should no longer support? I am not so persuaded, because the amendments that we put forward were quite modest, still leaving a Bill which breached—in my view unnecessarily and undesirably—the principle of parliamentary government, but they were mitigatory amendments and therefore we supported them in this House, and we passed them in this House. Nothing that was said in the other House persuades me that we were wrong to do so, because the balance of the constitution in which a referendum is a rare instrument, applied only in exceptional circumstances, is one which I continue to support. I am not persuaded by the arguments put forward in the other House that the modest amendments that we put forward, which would reduce the plethora of amendments and other referenda from a flood to a trickle, were undesirable. I was persuaded last time we discussed this that they were desirable, and I remain of that view now.
Lord Pannick
My Lords, I too support this amendment, because I see it as a considered response to the views of the other place. It supplies a criterion which identifies when it is appropriate for a referendum to be held. Since mention has been made of the views of the Constitution Committee of your Lordships’ House, of which I am a member, I will remind your Lordships of the three points that the committee made in its report on this Bill.
First, we noted that, in our earlier report on the use of referendums, we concluded that if referendums are to be used they should be confined to fundamental constitutional issues. Secondly, we noted that this Government had expressed agreement with that criterion in the context of the Parliamentary Voting System and Constituencies Act. Thirdly, we concluded that it could not be said that every treaty change which would, under this Bill, require a referendum, would involve a fundamental constitutional issue.
My answer to the point made by the noble Lord, Lord Blackwell, is that I understand this amendment to impose a duty on the Minister in good faith to consider whether the issue is one of economic or constitutional significance, and if so to lay a Statement before Parliament. I do not accept that this leaves matters entirely to political judgment: it imposes a criterion, it is a considered response to the Commons view, and I hope we will support the amendment today.
Lord Lea of Crondall
My Lords, I support the amendment. The main consideration is that if the Government do not relent on this question they will be in denial on issues to do with the workability of the scheme. I will give some examples.
First, it is proposed that these referenda be mandatory on the Government. Secondly, it was said by the noble Lord in a previous session that it might be rather inconvenient if there were a whole string of different referendums and so they could be grouped together in some way for the purpose of having them on a certain date. The issue of EU energy taxation being extended or some other legal question on an industrial matter might be put together for the purpose of the referendum day. This taxes the imagination. I have tried to imagine that I am sitting listening to a conversation in a pub in Burton-on-Trent. After all, this is the demotic that we are all being asked to say is so much more important than parliamentary democracy. So, I am sitting in a pub in Burton-on-Trent, and after a discussion on what is running in the 2.30 at Newmarket, Fred says to his mate Alec, “What are you doing on this thing that they want us to vote on tomorrow?”. “No idea, Fred, it’s all Greek to me”, replies Alec.
How do we know that the people want all these referendums? How much time would elapse in Brussels if we simply, as the awkward squad, sat for several months on a whole string of items until the famous day when they could be brought together? That looks so totally unreasonable that people in Europe—they are friends of ours, presumably; we are in a Community—might say, “If you are a member of a club, you ought to be more co-operative than that. If you carry on as you are, you might as well get out”. If we held a referendum on staying in or getting out, I am pretty confident that the staying in vote would win. There might be consensus on that, but it is not the subject of this amendment. This is a vicious circle. If you want to be a member of a club, you have to co-operate. If I carried on like this in my tennis club, it might be suggested that I joined another club more suited to my temperament. The Government do not have the candour to say what they want to do because I do not think that some of their members would agree with that position. However, they want to go as near as they can to implying what they want to do.
In practice, this amendment meets the test set by the Constitution Committee. I think that there is consensus in the House on it.
Lord Taverne
My Lords, I will be very brief. I do not think that it can be disputed that the Bill in its present form makes it infinitely more difficult to stick to the constitutional principle announced by the Scrutiny Committee that referenda should be restricted to matters of fundamental constitutional significance. Why would a spread of more plebiscites be so dangerous? It is because the system of parliamentary government has been far superior in preserving certain rights, particularly minority rights, than would be the case with referenda and plebiscites. For example, one can imagine the populist propaganda that would pour out further to restrict asylum seekers and make this a less civilised country. That would apply also to those suspected of committing terrorist offences. We have heard some examples of that. However, this goes beyond minority rights and individual rights. What about protectionism? “British jobs for British people” was Mr Brown’s ill advised slogan. If protectionism had spread throughout Europe or throughout the world after the crash, we would be in an infinitely worse position. As regards tax, is not the example of California, which is now a bankrupt state, a very good reason for not allowing the spread of referenda?
Lord Deben
My Lords, my problem with this amendment is that it seems to me to meet precisely what the Government want. The Government have been arguing that this clause would apply only to matters of constitutional value and that those who have worried about various aspects of it are worrying unnecessarily. We now have an amendment which specifically says that the Minister must say publicly that the referendum concerns a matter of constitutional or economic importance. That seems to me not an unreasonable thing to do when it is precisely what the Government say this clause is meant to do. Although I do not believe in referenda in any circumstances, I am not approaching this from that point of view. Frankly, I am trying to help the Government because it seems to me that they have not convinced all of us that their explanation of this clause is precisely right.
My noble friend Lord Blackwell is entirely wrong: this is not a wrecking amendment—unless the Government’s proposal is a wrecking amendment—in fact, it enhances what the Government have asked for. Your Lordships should say to yourselves, “Whether we are Eurosceptics or enthusiasts for Europe”—as I am—“whatever our view may be, it is not unreasonable to say that referenda should be held on matters of considerable importance, not ones which are not of considerable importance”. It is not unreasonable to put that in the Bill.
As regards the way in which we have approached this, I believe that there are real issues for our stance in the European Union. Those who are Eurosceptic ought to be just as concerned as those of us who are of a different opinion, because unless we are able to argue about minor matters with the freedom which a representative Government have, we will do ourselves down on many of the issues that have been raised. If this amendment merely allows for that freedom, it is important and valuable and certainly does not in any way wreck the proposal.
There is truth in the argument that says that we should watch any constitutional change of this magnitude with great care. I say to the noble Baroness behind me who spoke on the Liberal Democrat position that the more she read what the Constitution Committee of this House said, the more she made the case for the amendment, because the Constitution Committee said that if you are going to have referenda, you should make sure that they are on serious matters. Sometimes it is difficult to decide what are serious matters. We have produced an amendment which says to the Minister, “You have to make up your mind, you have to agree to it and you have to say that publicly”. After all, most of our Bills have a statement on the front that the relevant Minister knows that it accords with human rights. It is not unreasonable to ask Ministers to make that choice. I think that is what the Government want. Why, therefore, have they not accepted this amendment, or something like it?
I end with a plea to my noble friend. He knows that many of us are not entirely happy with the logic of saying that we have to have all this in order to reconnect with the public. Could he not move towards us just a little and be prepared to put in the Bill what he has told us is actually there? That would make us feel that the Government had listened to us and that there was a two-way discussion on this. If he does not do that, I am afraid that I cannot even begin to reach out to the concept that this Bill enhances our relationships and I shall begin to recede into a position of wondering whether it is not intended to make people like my noble friend happier. I am not sure that that is what we should be debating.
Lord Flight
My Lords, does the Minister agree that certain noble Lords are perhaps a bit out of touch with British public opinion? It is clear that the British public are against Governments surrendering any further sovereignty to the EU without the consent of the people. That was very much reflected in the attitude taken to the previous Government’s signing up to Lisbon, having promised a referendum and then having ratted on it. The whole point of the Bill, clumsy though it may be, is to provide a deterrent to stop Governments of any political hue giving away yet more sovereignty, and the British people not having a say in that. The noble Lord, Lord Hannay, gave the game away. He was arguing that he wanted a situation where Governments could fudge it and give away a bit more sovereignty and was very unhappy that they might be deterred from doing that through fear of losing a referendum. The whole point of the Bill is to provide an effective deterrent to Governments giving away sovereignty. This amendment would weaken that principle.
Lord Stoddart of Swindon
I took part in virtually all the debates that we have had so far on this Bill, and it seems to me that the amendment would be a wrecking amendment. I understand that the Government and the coalition brought forward the Bill after long consideration and to provide assurance to the British people before they surrendered any powers—powers of the people and powers of this Parliament, if we are talking about parliamentary democracy—to the institutions of the European Union. Indeed, we had long discussions about these provisions, and after hearing all the debates I believe that the Government were right to try to get it through this House. Unfortunately, they did not do so.
The Bill went to the House of Commons and I have read the debates. The Labour Party did not oppose these clauses in any reasonable way and did not support Amendments 6 to 13. There was very little discussion on them, as a matter of fact. If it was Labour Party policy, as the noble Lord, Lord Liddle, assured us and as is contained in his amendment, why was it not moved in the House of Commons? That is where it should have been done, but it was not done. What is the gain? If the Labour Party believes in restricting the effect of Clause 6, why did it not try to do that in the elected House? In the circumstances, this House ought to take note of what the other place has done.
Lord Lea of Crondall
The noble Lord spent many years in the House of Commons. Is it not the position that the Labour Party was looking at the Bill, as amended by the House of Lords, and that it was not incumbent on the Labour Party to do anything along the lines he suggests?
Lord Stoddart of Swindon
It was not incumbent on the Labour Party to do so, but it had the opportunity to do so and did not. If it believed, as the noble Lord, Lord Liddle, said when he moved his amendment, that this should be its policy, why did Members not do it when they had the opportunity in the House of Commons? That is the question that has to be answered. I assure the noble Lord that I know the procedures in the House of Commons. I was a Whip in the House of Commons and I have sat on a number of committees dealing with amendments that have come from the House of Lords. The House of Commons was perfectly entitled to move an amendment but it did not do so.
Lord Lea of Crondall
I am going to put the matter right for the noble Lord, Lord Stoddart. It was a Bill that had been amended in this House, which is what the House of Commons was considering.
Lord Stoddart of Swindon
The House of Commons is entitled to amend amendments that we have made in this House, but did not do so. The Labour Party did not do so because it did not want people outside to get the impression that it was against consulting them about losing further powers to the European Union. That is the real reason behind it.
I know that the House wants to get on, but I just want to say that the noble Lord, Lord Davies, referred to Greece. Of course, it is very clever to do that because we know the appalling state that the eurozone is in at present. He made the reasonable point that if it were a unitary state the Commission would have examined the accounts of the Greek Government. It had the opportunity to do so before Greece was admitted to the eurozone, but it did not do it because it was a politically driven decision. It wanted as many countries in the eurozone as possible, whether they were broke or, like Germany, prosperous. We should be very careful when using the present crisis to undermine the Bill. I would like it to go further but it is the best we are going to have, and I hope that the House will not insist on the amendments on this occasion.
Lord Lamont of Lerwick
My Lords, I had not intended to speak in this debate and I will be extremely brief. I rose to speak only because so many of my noble friends have made rather powerful speeches, but ones with which I disagree. I take very seriously the point made about moving too far in favour of plebiscitary democracy. One has to agree that that is a real danger. Balanced against that has to be the fact that the seeping away of the power of Parliament to the European Union is also an extremely serious issue. I agree in general that referendums should be held largely on constitutional issues because they are a good way of settling how we live with each other and how we are governed.
We had quotations from the side opposite and from Cross-Benchers in earlier debates from Edmund Burke and the judgment of members of the legislature. One might quote back at them Tom Paine, who argued that constitutions belong to the people: that it is not for politicians to decide the rules by which government is conducted—sovereignty comes from the people. While I think that referendums should be on constitutional issues—important constitutional issues, as has been said—the totality of our relationship with Europe is a huge constitutional issue. It is therefore right that referendums should play a part in that.
That poses the question: is it right that we should have in this Bill so many different powers and so many different issues all rolled into one that might, as has been said, give rise to a flood of referendums on trivial issues? I do not believe that that will be the consequence of this Bill. That has been said before in our proceedings on the Bill, so I shall not go on about it at any great length. I will say, however, that that will not happen because: first, these measures are likely to come in packages; and, secondly, there are reserve powers—reserved to the nation state and left out of the previous treaties of Lisbon, Nice and Maastricht—because individual countries in the past have wanted to preserve them, and not necessarily Britain. There are other countries in the European Union, and one can look through the minutes of the constitutional convention leading up to the Lisbon treaty to see how some other countries in the past have argued for the veto to be preserved in certain areas. This is not just at the insistence of British politicians.
Baroness Quin
The noble Lord said that he could foresee referendums dealing with issues in packages. In those circumstances, how are people who agree with one issue but disagree with another supposed to vote?
Lord Lamont of Lerwick
That question was raised by the noble Lord, Lord Taverne, earlier in the debate. The answer is: just as they vote in elections. They have to decide on five or six issues in an election. In the past, there were referendums in other countries on treaties in which they had to decide on a series of questions raised by those treaties. I repeat my point that where a veto exists, it is not necessarily just at Britain's insistence but because other countries, too, wanted it.
Thirdly, I think we will have referendums only where a British Minister agrees with the proposition that will be put to the people of this country, and where the Government believe that they can win the referendum. For that reason, and with great respect, I do not agree with the point made by the noble Lord, Lord Hannay, that our flexibility in negotiations will be impeded because a certain area is covered by the possibility of a referendum being held on it. If a Minister wishes to argue in favour of something, presumably he is confident that he can sell it to the public. If he cannot sell it to the public, and they are going to disagree with it, perhaps he should think carefully about whether it should be advanced at all. Therefore, although I agree with the general proposition that we do not want to go down the road of having a massive extension of plebiscitary democracy, I do not think that that will be the consequence of the Bill. That assertion has been repeated many times, but the argument is not convincing and I urge my noble friend to support the Government on this.
Lord Howell of Guildford
My Lords, I hope that I will be forgiven if I say that I have a faint feeling of having been here before—and forgiven also for not responding to every strongly held view and argument put forward in this debate that was put forward again and again in the past. The Government and I regard some of these arguments as deeply flawed and consider that they do not understand or come to grips with the realities of political life today, either here or in the rest of the European Union. I will also deal briefly, as is the custom, with the Motion—it is not the custom to make long second speeches on a Motion—and with the amendment moved by the noble Lord, Lord Liddle, which goes very much further than anything standing against the Government’s Motion that the amendments be resisted.
On the decisions involved in Clause 6, none is in the grey or insignificant category. They are all there for very strongly established reasons that are largely supported by many other countries. Many vetoes are maintained because the signatories to the Lisbon treaty did not want them to go into the QMV category. They are there because their use could only ever provide for a transfer of competence and power from the UK to the European Union—for reasons that we have explained from this Dispatch Box and that many of my noble friends have explained again and again—and so should be subject to the referendum requirement.
It is difficult to accept that any of the decisions in Clause 6 would not be significant in constitutional or economic terms. Those who say that it stretches their imagination to understand the significance of the measures listed in Clause 6, or Schedule 1, which springs from it, surprise me. Surely a decision on whether to give up our vetoes on, for instance, the multiannual financial framework, border controls or joining the single currency—I refer now to the amendment of the noble Lords, Lord Liddle and Lord Triesman, not to the main one that accepts them—would all fall, under Amendment 13B, into the bracket of something that had to be judged according to whether or not it was significant. This is a completely unnecessary process. Clearly they are of the most profound significance.
I know that the shadow Minister for Europe said on Monday that he considered other items in Clause 6 to be not so important. He exempted the important three—border controls, the European currency and one other—but dismissed the others as paperclips and minutiae. We do not accept that analysis. We firmly believe that the other issues are also of great significance and, when understood in terms of their impact on jobs, work and the processes by which our law system operates, certainly could be subjects of conversation in the pub in Burton-on-Trent, where the noble Lord, Lord Lea, has been listening to conversations.
On the European public prosecutor, I know that it is regarded by some of my noble friends, and by some noble Lords opposite, as not being of constitutional or economic significance. However, it is because it involves affording a supranational body the ability to prosecute citizens of this country within the scope of its own criminal justice system in respect of alleged crimes affecting the EU's financial interests. Someone must decide what that financial interest is and whether the crime has been committed. Is that a paperclip or minutiae issue?
What about the vetoes listed in Schedule 1? Why are they not significant when they all relate—that is why they are there—to the red lines adopted by successive Governments, fought for very hard by the previous Government and sustained by this Government, covering foreign affairs, security and defence policy, economic and tax policy, including issues of the EU's budget, which all of us admit is a red-hot issue, social security, employment policy, justice and home affairs policy, and citizenship and elections? Are these all minutiae, paperclip decisions and things that are never discussed in any pub? I have to ask where some of my noble friends, and some noble Lords, have been if they think that these matters are of no significance, because they include not only domestic issues, where after all Parliament can make and unmake laws, but transfers of power, sovereignty and competence that would almost certainly be irrevocable—in fact, they would be irrevocable.
The amendment before us would, for instance, allow the British Government to relinquish their veto over decisions relating to the multiannual financial framework without first getting the consent of the British people. That is a hugely important decision that Members in the other place were particularly concerned with, and rightly so. The Minister for Europe rightly pointed out that the forthcoming decision on that framework will in effect set budgetary decisions and ceilings for the next five to seven years of the EU's life and development. Are these minutiae, paperclip decisions or matters that people will not understand? I ask my noble friends and noble Lords who think that these matters are insignificant to think again. Their significance is obvious.
It is vital that these matters remain subject to unanimity and that whichever British Government are in office—this matter should be above party—continue to have the right of veto. Similar views are taken in almost every other country in the European Union. We all know what happens when one gets casual about the veto and lets it go. This was the case in the surrender of the veto on Article 122 of the TFEU, which opened the way to fearsome, huge and titanic new financial commitments to the funding of Europe in its present financial difficulties.
The amendment before us would reduce precisely the clarity that we all seek. It would also risk the possibility of judicial review on a decision by the Minister not to consider one of these clear-cut decisions to be significant. The so-called pragmatic flexibility that the noble Lord, Lord Liddle, keeps reminding us about and seeks could well be impeded by his own amendment. He would end up in a quagmire of pragmatic flexibility of his own making. It was too much of this pragmatic flexibility approach in the past that caused antagonism—the turn-off, if you like, of popular support for the European Union and for Ministers’ actions. The ministerial discretion that some of my noble friends and noble Lords call for has become the ministerial indiscretion and undermining of trust and support for the European Union that we are trying to correct.
Lord Goodhart
Would my noble friend accept that it is impossible for a court to make decisions on what is done in the Houses of Parliament? If the Minister declares, therefore, that he believes something to be—or not to be—a matter of importance, it is not a matter that could then go to the courts. It would be settled by the House itself.
Lord Howell of Guildford
Ministerial decisions are open to judicial review. That is not a matter that we discussed much in Committee or one that we would necessarily want to see operate very fully in this or any other area of ministerial decisions on any aspect of policy. However, judicial review is there and ministerial decisions can be challenged.
The House of Commons has twice approved the scope and operation of Clause 6 following a clear exposition from the shadow Europe minister and his views on party policy on Amendments 6 to 13.
I do not want to take further time meeting the marginalisation argument. Frankly, it is a chestnut, as there is absolutely no impact on Ministers’ discretion and flexibility merely because they have sanctions behind them. Most European member states’ Ministers have sanctions of various sorts lying behind them on the decisions that they reach.
The plebiscitary democracy issue, frankly, belongs to the pre-internet age, before the web and the internet system. We see all around the world the wider public’s insistence on having a say where major issues about the transfers of power and competence away from their sovereign control are involved. That is exactly what would happen here. The idea that there would be 56 different referenda coming along is pure fantasy and does not relate to the actual way in which these issues would arise. There would be no great frequency of referenda; this is not the pattern for the future. It will not be the result of this Bill and it certainly would not be the outcome of the way in which the European Union has operated, is operating, or is likely to operate in the future. It is not in the interests of the 27—maybe soon 28—members to proceed in that way.
I think that the noble Lord would be wise to accept the Motion and the view taken in the other place. He would be wise to reject the amendment and therefore I ask him to withdraw it and accept the Motion so ably moved by my noble friend.
Lord Liddle
My Lords, we have had a full debate, and I do not want to take up the time of the House. I just want to make one comment on what the Minister has said. As you know, I believe in the noble Lord’s integrity in putting this Bill forward. I do not believe he is putting it forward for anti-European reasons. I do not think that that is what he thinks, but the truth is that the list of referendum locks contained in this Bill far exceed any reasonable person’s definition of issues of fundamental constitutional significance. On that basis, I would like to test the opinion of the House.
Lord Wallace of Tankerness
That this House do agree to Commons Amendments 14A and 14B to Lords Amendment 14.
The Advocate-General for Scotland (Lord Wallace of Tankerness)
My Lords, we have had a number of interesting debates on Clause 18 at every stage in your Lordships' House and in the other place. We have heard from those who sought to ensure that the clause was more than declaratory and from those who expressed concern that Clause 18 might somehow affect our obligations as a member state. As my noble friends Lord Howell and Lord Wallace of Saltaire have said, and I have made clear, that is not the case. I hope we have assured your Lordships' House very effectively that this clause is declaratory and is intended to be declaratory. It underlines the existing legal position and confirms how directly effective and directly applicable European Union law takes effect in the United Kingdom, no more and no less. It will certainly not change in any way the constructive activist/pragmatist approach that this Government have and will continue to pursue in our engagement with our European Union partners on the priorities that matter to the people of this country.
Although the clause is declaratory, we believe it serves an important and valuable purpose. I echo the words of my noble and learned friend Lord Mackay of Clashfern who said on Report:
“It is important that this declaratory measure should be made because of the theory sometimes propounded that Community law in the United Kingdom derives from the treaty alone by virtue of the European Union legal order. I believe that it is right that we should make it plain at this juncture that that is not so”.—[Official Report, 15/6/11; col. 790.]
I welcome the acceptance by your Lordships’ House and the other place of the principle underlying Clause 18. What we have before us, as we did on Report, is the question as to how we apply that clause and whether the 1972 Act should be the only Act which is to be covered by Clause 18. In this, I fully recognise the reasoning behind the approval which your Lordships gave to the amendment on Report.
The aim in doing so was quite rightly to make the clause as specific and clear as possible, an aim which is wholeheartedly one which one could support. But, as I have already said, I recognise the concerns expressed by noble Lords that Clause 18 should make more specific reference to the European Communities Act 1972. When we debated this on Report, I made it clear that the reason we could not accept the amendment was because we were of the firm belief that a number of other Acts of Parliament also give effect to directly effective and directly applicable European Union law independently of the 1972 Act. Therefore, to accept a provision that referenced the 1972 Act alone would be to accept a change in the existing legal position, which could go beyond what we had always intended.
Although the European Communities Act 1972 is the principal means by which directly effective and directly applicable EU law takes effect in the United Kingdom, the amendment agreed by your Lordships’ House could have created a significant risk that the courts might interpret the clause as restricting the ability of the other Acts of Parliament to incorporate directly applicable or directly effective EU law into our United Kingdom law.
The amendment accepted by your Lordships’ House also removed the phrase, “It is only” from the clause. This wording is intended to make it explicit that it is only by virtue of Acts of Parliament that directly effective and directly applicable EU law takes effect in the United Kingdom. Removing this reference leaves open the possibility of arguments to be made that directly effective and directly applicable EU law could enter into United Kingdom law by other means, which undermines the very rationale behind the clause.
Nevertheless, we have reflected on the amendment and the Government have demonstrated already that we wish to listen to arguments put forward by noble Lords. When there are grounds for a change to be made, we are prepared to make the change. In doing so, I wish to put on record our gratitude to my noble and learned friend Lord Mackay of Clashfern, with whom we have discussed in depth possible alternatives to his amendment to ensure that any amendment in lieu addresses his concerns sufficiently.
The Government subsequently proposed amendments to your Lordships’ amendment in the other place, which we believe achieve these two objectives. These amendments are before us today. It may help your Lordships if I set out how the clause will read if these two amendments are added:
“Directly applicable or directly effective EU law (that is, the rights, powers, liabilities, obligations, restrictions, remedies and procedures referred to in section 2(1) of the European Communities Act 1972) falls to be recognised and available in law in the United Kingdom only by virtue of that Act or where it is required to be recognised and available in law by virtue of any other Act”.
As I have indicated, we are particularly grateful for the engagement of my noble and learned friend and for his advice. My understanding is that he is content with the amendments to his original change.
I am also pleased to note that the other place voted overwhelmingly in favour of the government amendments by 485 votes to 22. These amendments were supported by the Opposition, with the shadow Minister for Europe calling them,
“a modest improvement to what was suggested by the Lords”.—[Official Report, Commons, 11/7/11; col. 98.]
I therefore beg to move that this House acknowledges the considerable support of the other House for these two amendments to the amendment that was proposed by this House. I ask your Lordships to support these amendments today. I beg to move.
Lord Mackay of Clashfern
My Lords, as the one who took the main argument on Clause 18 on Report with an amendment which was carried by quite a reasonable majority in your Lordships’ House, I am happy to assure your Lordships that this debate need not be anything like as long as the previous one because I am entirely happy with the proposed amendments and the resulting Clause 18.
The amendments restrict the matter to directly applicable and directly effective EU law. We are not concerned with other Acts which introduce EU law directly—for example, where it uses a particular provision of EU law to make law in this country. We do not need to concern ourselves with that. Originally, in an attempt to meet with the Government, I drafted an amendment which covered that as well as this. But I understand that it is now agreed that we just need to deal with directly effective and directly applicable EU law.
I am not 110 per cent convinced that there are other Acts which do this but, using the suggestion of my noble friend Lord Flight of the belt and braces, there is no harm in adding this because the 1972 Act is now specifically referred to. There is no doubt in my mind that it is the key to this aspect of EU law in this country. I hope that your Lordships will accept these amendments and my gratitude to the Government for their acceptance of the principle of the amendment which was accepted here, and for defending me from various allegations that were made in the other place about my motivation.
Lord Lester of Herne Hill
My Lords, in respect of the amendment that the noble and learned Lord, Lord Mackay of Clashfern, successfully passed in this House, I agree with him that the clause now before your Lordships is entirely satisfactory. I just want to say a few things about it. First, I do not think that Clause 18 was ever necessary, except in a political sense. Secondly, I do not think that the law was ever unclear. Thirdly, it is one of the comical aspects of our unwritten constitution that if you ask a group of lawyers or law students the origin of the doctrine of parliamentary sovereignty, they never know the answer. The answer of course is that it comes from the common law. That answer is most unwelcome to a certain kind of thinker, who thinks, “Oh dear, if it comes from the common law, the courts might take it away again”. We do not have to go into that today.
This amendment states the position as has always been made clear in the case law and therefore does no harm. I only wish that it had not been necessary in the first place. I also wish that the original Explanatory Notes that the Government introduced had not been maintained instead of being withdrawn for political reasons for another set of Explanatory Notes, all of which shows the unfortunate aspects of a Bill which is a politically cosmetic exercise in this respect.
Lord Hannay of Chiswick
My Lords, I express gratitude to the noble and learned Lord, Lord Mackay of Clashfern, for his work on the previous amendment Will the Minister confirm the Explanatory Notes that were made when the original Clause 18 was put forward and confirm that the Government stand by these Explanatory Notes now? For the avoidance of all misunderstanding, the Printed Paper Office handed to me yesterday a copy of the Explanatory Notes. I shall make two references. My first is:
“This clause does not alter the existing relationship between EU law and UK domestic law; in particular, the principle of the primacy of EU law. The principle of the primacy of EU law was established in the jurisprudence of the European Court of Justice before the accession of the United Kingdom to the European Communities”.
The second reference is:
“Thus this clause is declaratory of the existing legal position. The rights and obligations assumed by the UK on becoming a member of the EU remain intact. Similarly, it does not alter the competences of the devolved legislatures or the functions of the Ministers in the devolved administrations as conferred by the relevant UK Act of Parliament”.
It would be very helpful if the noble and learned Lord could confirm that those Explanatory Notes, only as Explanatory Notes, remain as they were originally applied to a different Clause 18 from the one that this House is about to accept.
Lord Wallace of Tankerness
My Lords, I thank my noble and learned friend Lord Mackay of Clashfern, my noble friend Lord Lester of Herne Hill and the noble Lord, Lord Hannay, for the support that has been given to these amendments. With regard to the Explanatory Notes, I can confirm to the noble Lord and the House that, as is customary, the Government will review the Explanatory Notes in their entirety. The notes on this clause will be considered as part of the exercise and we expect that there will have to be some consequential change to reflect the new wording of the clause. But that apart we have reviewed the Explanatory Notes in the light of proposed changes and consider that the notes, as drafted, accurately reflect the purpose and effect of Clause 18. I hope that that gives the reassurance that the noble Lord is seeking. In the belt-and-braces spirit which my noble and learned friend mentioned, I hope that the House will support these amendments.
Lord Howell of Guildford
That this House do not insist on its Amendment 15 to which the Commons have disagreed for their Reason 15A.
Lord Howell of Guildford
This is the issue of the sunset clause. I believe there is another amendment to be moved which is related but with a slightly different emphasis. We debated this proposition at considerable length throughout your Lordships’ consideration of the legislation. We know there are a number of sunset clauses in a number of pieces of legislation, for the most part for specific operational reasons. The Lords has expressed concern over the granting of new extraordinary powers for the Executive, such as in response to the firefighters’ dispute eight years ago. In all these sorts of cases, Parliament has sought to ensure that these powers were retained for only as long as was necessary.
With the Bill there has been a rather different line of argument. There are those who have a general dislike of the Bill, which they are perfectly entitled to have, and there have been arguments put forward in favour of a sunset clause because, it is claimed, this legislation seeks to bind future Parliaments. I repeat what was observed in another place—I perhaps have not comprehended the value of any counterarguments to it—that all legislation by a Government can bind future Governments, and maybe the Government of the day wish it would. All legislation is reversible. The need for additional provisions in the Bill seems weak.
Instead of repeating my arguments, I will simply quote from the European Scrutiny Committee, which put the matter very clearly:
“All Parliaments legislate for the future. Laws passed by one Parliament do not contain a sunset clause at the Dissolution. The real point is whether a government can, in law, make it difficult for a future Parliament to amend or repeal the legislation it has passed; in our view it cannot. Our conclusion therefore is straightforward—that an Act of Parliament applies until it is repealed”.
Again and again there has been the proposition that somehow this type of legislation weakens Parliament, but Parliament remains central to the whole pattern of agreeing by Act of Parliament whether there should be referenda. The argument for the sunset clause is that each Parliament should be given the chance to decide whether its sovereignty has been curtailed by the Bill. We do not accept that case. As the Minister for Europe said in another place:
“The Bill does not substitute the British people for Parliament, for Parliament will continue to have a central and strengthened role”. —[Official Report, Commons, 11/7/11; col. 74.]
Parliament would have the opportunity on each occasion to approve a transfer of competence or power and to approve the holding of a referendum. In contrast this provision would actually reduce the control that Parliament would have on treaty changes and passerelles until the Government of the day decided whether to revive Part 1 of and Schedule 1 to the Bill. It would actually have the counter-effect of that, which I believe is the intention of those who put it forward. In any case, we have a system that is designed precisely to review how all Acts of Parliament are used once they are enacted. The previous Government introduced a system of post-legislative scrutiny. Well done them, because under that the Government of the day are required to publish a memorandum to Parliament on the operation of each Act of Parliament up to five years after the commencement of the Act. This is considered by relevant parliamentary committees, which can decide whether to conduct a detailed examination of that legislation. I ask again: what is the point of this additional proposed provision?
I am happy to repeat the commitment of my friend the Minister for Europe and say that this Government agree that this system is a useful tool that should be exploited and that a future Government must publish a full report on how the Bill has been used within five years of this legislation becoming law. This will result in the clarity and the reflection that colleagues in the other place rightly seek, but without arbitrarily depriving the British people of their say at the end of this Parliament.
This has now been considered by the other place, which has disagreed with your Lordships’ amendment by a very substantial majority of 89 votes. Therefore, it falls to your Lordships’ House to consider whether to insist on the amendment or accept the clear and considered view of the other place; and whether to accept, in the light of what I have said, that this is a necessary amendment or challenge to the Government’s Motion that needs go forward. I personally doubt that it need go forward and I urge your Lordships to let the Motion stand.
Lord Goodhart
As an amendment to Motion D, at end insert "but do propose Amendment 15B in lieu"
“Suspension of section 6 and Schedule 1In Parliaments subsequent to the Parliament in which this Act is passed the Secretary of State may by order approved by a resolution of each House of Parliament provide that any provision of section 6 or Schedule 1 shall be suspended for the duration of that Parliament or for any lesser period.”
Lord Goodhart
My Lords, Amendment 15, which the other place rejected, provided a kind of sunset clause for the whole of Part 1 but gave power for future Parliaments to restore the Bill. Amendment 15B replaces Amendment 15 with more limited powers. In the first place Amendment 15B applies only to Clause 6 and Schedule 1 and not to the rest of Part 1. Secondly, the original Amendment 15 cancels the operation of Part 1 and Schedule 1 at the end of the duration of the present Parliament and leaves incoming Governments to revive those provisions of the Bill. Amendment 15B leaves Clause 6 and Schedule 1 in force unless and until a new Government wish to suspend them, and suspension cannot go beyond the duration of the Parliament which suspended them.
Thirdly, the original Amendment 15 is all or nothing. Part 1 and Schedule 1 either are entirely out of action or are entirely in force. Amendment 15B provides for the suspension of any one or more of provisions contained in Clause 6 or Schedule 1. Amendment 15B is therefore much more flexible than Amendment 15, and that is a very important difference. It is surely plain that some of the decisions that may lead to a referendum under the Bill will not be appropriate for such a referendum because of the limited importance for ordinary citizens of that particular decision or because of the uncontroversial nature of that decision. In such cases Amendment 15B allows the Government to proceed by order, which requires the support of both Houses but without a referendum.
We need flexibility. Without it we may waste money because a decision which is not controversial has nevertheless to go through the process of the referendum. Without flexibility we may lose the benefit of useful decisions because a referendum is of little concern to the majority of citizens who have no objection to it and therefore a small minority are able to defeat the Government. Without flexibility the Government may decide not to go ahead with a decision which is useful and non-controversial but not important enough to justify the cost and effort of a referendum.
Nothing in Amendment 15B would affect the referendum lock in the present Parliament, but future Parliaments should have some control over it. I recognise that the amendment would give the Government and Parliament power in theory to avoid referendums on matters where a referendum would have wide support—especially, for example, in the case of adopting the euro—but there is no likelihood whatever that any Government would refuse a referendum in cases of that kind. In any event, if your Lordships' House accepts the principle of Amendment 15B, I can see no objection to amending it so that it does not apply to those categories where there is likely to be a strong demand for a referendum.
This Government propose to rely on favourable referendums in specified circumstances. So be it, but we should not enforce the same restriction on future Parliaments—that is for each Parliament to decide. Does the Minister recognise that it is impossible for the Government to prevent a future Government exercising their power without a referendum to bring in legislation? If that is so, it makes the situation somewhat different, but it seems nevertheless desirable for Amendment 15B to be included, because it makes simpler provision for varying the Bill now being enacted.
It is desirable to take Amendment 15B on board. I hope that the Government will consider doing just that.
Lord Willoughby de Broke
My Lords, this is again a wrecking amendment, which is how the noble Lord, Lord Blackwell, described the previous amendment. It goes to the very heart of the Bill and would neuter it completely if it produced a sort of son of a sunset clause. People outside this Chamber and outside Parliament will simply not understand what the House of Lords is doing if it votes for it. The Bill is intended to give British people a voice and protect them from further laws and further integration produced by Europe. They will not understand if the House of Lords supports this amendment, which goes against the whole tenor of the Bill.
On the earlier amendment, the noble Lord, Lord Liddle, made some great play about the lack of trust in politicians and Parliament in general. Although he would not interpret his remarks that way, I take them to support the use of referendums, precisely because of the lack of trust in Parliament and government in general in this country. The noble Lord, Lord Grenfell, prayed in aid the people of Slovenia, who apparently trust their Parliament and say that they do not want referendums. But that simply is not the case in this country. The voters in this country do not have the same faith in their Government and Parliament as the people of Slovenia apparently do. If the amendment is carried, it will drag Parliament even further into the contempt that British people already have for it. It is extremely dangerous, and I hope that it will be voted down by this House.
Lord Radice
The House of Lords is a very effective revising Chamber and has proved that on this Bill by making it better and more manageable than it was at first. However, the House of Commons has not accepted our amendments, except in the case of the definition of parliamentary sovereignty—I congratulate the noble Lord who so ably pioneered the provision that we have now just passed. We have just rejected the idea of confining referendums to major issues. Therefore, there is a case for a sunset clause.
This Bill is an attempt, as the people who introduced it in the House of Commons have made quite clear, to bind successor Governments, and it involves a major extension of referendums. In a sense, it is a major constitutional innovation. Noble Lords who have so ably supported Governments of the past in Europe have said to us that we should take seriously the danger of marginalisation that might arise from the Bill. Therefore, there should be a reassessment mechanism in it. I consider that we have a new, mild and flexible version of that in this amendment, which it would be very useful to Parliament to have. We should go beyond what the Labour Government introduced, which has been mentioned already; that is, a committee report on whether a Bill has been effective. Perhaps that should be part of the process, but we should then go on, as the noble Lord, Lord Goodhart, said, to have a mild version of a sunset clause.
Lord Lamont of Lerwick
My Lords, sunset clauses are appropriate in some legislation: for example, when one has emergency legislation and Governments take exceptional powers. Those powers may have an effect on civil liberties for instance. Counterterrorism Bills sometimes have such an effect. However, this is not emergency legislation; it is legislation that seeks a long-term and permanent change in our relationship with Europe.
There is another reason why a sunset clause would be inappropriate. It is in effect, as proposed, a reversal of primary legislation via a resolution. It is a fast-track procedure for removing legislation. In a way, it is a bit like the Article 48(6) provision in the European Union treaty which this Bill is designed to act as a safeguard against.
One is either for or against this legislation, and many noble Lords have given reasons, powerfully and eloquently, why they are deeply opposed to it. However, they cannot have it both ways. To suspend the legislation, either in whole or in part, is to fudge the decision. If noble Lords do not agree with the legislation, they cannot hide behind amendments that would allow the referendum requirement to be taken out while maintaining the appearance and the structure of the legislation giving effect to consultation and decision by the people.
As the noble Lord who speaks for UKIP said, this will arouse suspicions among some members of the public that Parliament is taking away the right to be consulted while giving the appearance that that right still remains. I can think of nothing that would be more likely to undermine trust than to maintain the legislation on the statute book but incorporate into it a provision that would take the guts out of it.
Baroness Williams of Crosby
My Lords, the noble Lord, Lord Lamont, always argues very effectively and has done so yet again. He invariably falls back on logic and argument rather than on attempts to raise emotional feelings of one kind or another that are inappropriate, but I want to put to him a rather different point. He said, which was fair enough, that this kind of sunset clause often applies to emergency legislation, in particular to emergency legislation that leads, for example, to exceptional powers being taken by a Government that need to be looked at later in a rather less heightened atmosphere in order to decide whether they should remain on the statute book. Many of us will know that emergency legislation passed back in the 1940s still sits on the constitutional pattern of far too many countries that use it to suppress human rights, so one has to be very cautious about that kind of thing.
There is another very different factor about this legislation. It is highly speculative legislation. It makes assumptions about the kinds of issues that are likely to come up over the next few years. We know enough from what we are reading even today that major issues are likely to come up. These go all the way, as John Major said at the Ditchley Foundation only a few days ago, to the question of how one changes eurozone practices—whether one will look again, for example, at the tendency towards an increased or enhanced stability pact. These issues will have the greatest impact on the UK, even though we are not, of course, a member of the eurozone. In this respect the noble Lord, Lord Radice, was absolutely right to say that we cannot know what might arise. The whole point of the sunset clause as we are presenting it is that it gives the British public, in the broadest sense of the word, an opportunity to see what the impact has been of this speculative legislation, which some say will make it very difficult for our representatives in Brussels to represent our own national interests. That is an untested statement. The other untested statement is how far they will feel heavily dissuaded from expressing British national interests for fear that it might set off a referendum.
The great beauty of the sunset clause is that it will unquestionably turn the Bill into a general election phenomenon—an issue that will have to be considered at the next general election—which is, in the mind of many of us, exactly what it ought to be. The British public will be able to consider in the round whether it is wise or unhelpful legislation and to do so in what will undoubtedly be a very substantial turnout, and because this will be an issue about whether this legislation will continue, it will come at the right moment and in the right way before the British people so that they can decide.
Lord Empey
My Lords, I said on Third Reading that the proposal for a sunset clause was ill conceived. I believed that to be true then, and I believe it to be true now. While I was not present for the debate in the other place, I did read it today and unfortunately a lot of unkind things were said about this House, which is unusual. A consistent theme throughout the discussion on the amendments was that a number of them were wrecking amendments. That is how this amendment was seen by a number of Members in the other place. The noble Lord, Lord Hannay, said that only a small number were there, and that was undoubtedly true, but to some extent that makes the point, because if Members in the other place were actively supportive of the decisions of your Lordships’ House some weeks ago, why did they vote with their feet and not turn up to debate some of these amendments? They obviously did not see merit in them. That is the only reason I can think of why they would abstain in such a way.
Lord Goodhart
My Lords, I point out to the noble Lord that Amendment 15B was not put to the Members of the House of Commons. It is a newly introduced amendment and what he is saying has very little bearing on this issue.
Lord Empey
I was referring to the remarks of the noble Lord, Lord Hannay, and commenting that of course very few people participated in the debate, so that point is valid. The noble and learned Lord is right to say that this particular amendment was not before the other place, but at the end of the day the purpose is the same. The noble Lord, Lord Radice, described it as a “soft sunset”. Well, whether you have a hard sunset or a soft sunset, it is still a sunset, and at the end of the day I just wonder, in view of our discussions in this House about our own future, whether it is wise for Members of this House to send anything back to the other place that contains the word “sunset”. It is probably not the best thing for us to do. There is no constitutional imperative to send this back to the other place. If we believed that there was, it would be the duty of this House to do so. I just do not see that in front of us.
On the continuous use of the word “flexibility”, we all like flexibility in government, but it is a euphemism for something else. It means that Ministers can go on to take decisions, and it is precisely that flexibility that has existed for the past 35 years that leads to the Bill being in front of your Lordships’ House tonight. It is unfortunate that we have to go through these procedures, but I see no alternative but to go ahead with the Bill, and I believe that the amendment as currently drafted, or in its original form, casts a dagger at the very heart of what the Bill stands for. I hope that noble Lords will reject this proposal.
Lord Hannay of Chiswick
My Lords, I support the Motion of the noble and learned Lord, Lord Goodhart. I preface my remarks by referring to my noble friend Lord Empey’s statement about not angering the House of Commons. It would be unwise, frankly, if we went into a pre-emptive cringe at this stage. I am not sure that that would help us very much in the difficult debates ahead.
No noble Lord in the House today has addressed Amendment 15. We accept that it was voted against by the House of Commons, and in any case it is not permissible for us to return to the identical amendment again. That is not being suggested. The amendment of the noble and learned Lord, Lord Goodhart, is meant to produce what has been called by the noble Lord, Lord Radice, a “soft sunset”.
I listened to the debate in the other place and one of the things I heard there quite surprised me, although on reflection I think it was entirely valid. The Minister for Europe was questioned by one of the not terribly friendly members of his own party who would rather see us outside the European Union. He was asked whether it would be possible for this Parliament or a future Parliament to insert a referendum requirement in the primary legislation that approved the matters in this Bill that are not subject to a referendum but are subject merely to primary legislation. He replied, “Yes, absolutely. No problem. If that is what Parliament decides, you can add another referendum—just like that—in the primary legislation”. That startled me and led me to think that the noble Lord, Lord Lamont, when he talked about it having both ways, might not have heard of that development in constitutional practice.
When the Minister replies to the debate, can he say whether the converse is also true? In the primary legislation that would have to be introduced in the House of Commons on the back of a decision by the government in Brussels to go ahead with one of these matters, could Parliament simply waive in that legislation the requirement that is in this legislation? It will be interesting to hear what he has to say about that. I do not see that the proposition that the Minister for Europe agreed to—that a referendum requirement could be added where one was not required under this legislation—could be valid if the contrary proposition, which I have also put, was not valid. Perhaps the Minister will reply to that.
Frankly, with some of the arguments that have been introduced about how flexibility is a dirty word, my heart fails me when I think of people strapping themselves to masts, waiting for the ship to go down and saying, “Thank God I am tied to the mast and I cannot swim”. It is not a very good argument. The circumstances in which flexibility could be exercised are extremely limited and will be difficult to invoke; this amendment simply suggests a way of doing it. We would be very wise if we were to once again ask the Commons to think again about this matter. This is not a wrecking amendment and, for the reasons I have given, I do not think it takes the matter much further than it is already, with the possibility of the House of Commons varying the provisions at the moment that it enacts the primary legislation. I hope that some further thought will be given to this and that we will not all turn ourselves to the belief that this is a wrecking amendment, which it is not intended to be.
Baroness Falkner of Margravine
My Lords, I shall speak against Motion D1. The reasons for doing so are quite straightforward. The noble Lord, Lord Hannay, commented on flexibility and how important it is that in going forward in unpredictable circumstances we should have flexibility. While I agree with him there, I am not clear that Amendment 15B provides that flexibility because, in order to have a suspension of Section 6 or Schedule 1, it would require us to have the approval of both Houses. Does the noble Lord believe that the approval of both Houses could be arrived at in a manner which did not revisit all of the contentious issues in Section 6 or Schedule 1? If they could have been debated without extensive deliberation or scrutiny—call it what you will—we would not have spent as much time as we have on the Bill. On the other hand, flexibility nevertheless exists in the ability of a future Government to repeal either the entire Act, as it will be by then, or sections of the Act.
My noble friend Lady Williams spoke of the importance of the people of this country having their say on a sunset clause—I prefer to call it a suspension clause—in a general election. If the Act went forward unamended, the people could still have their say because there could equally easily be a debate on whether or not this Bill should be repealed by a new Government were they to win the election. I did not intervene in the debates on the earlier amendments but this debate has been about trust in the people and the constitution, and much has been made about the move to plebiscitary democracy.
The theme of the noble Lord, Lord Liddle, throughout the course of the Bill has been his anxiety for the Liberal Democrats and whether they feel awkward and embarrassed by it. The presumption underlying those comments—and the noble Lord, Lord Liddle, has been a member of my party, the Liberal Democrats —is that we are reluctantly going along with these measures and that there is no philosophical underpinning whatever. During the passage of the Bill we have had commentary about Burke and parliamentary democracy, and about an hour ago the noble Lord, Lord Lamont, referred to Tom Paine. The philosophical underpinning for why the people should be trusted comes from no less a person than John Stuart Mill. He said:
“A state which dwarfs its men, in order that they may be more docile instruments in its hands, even for beneficial purposes, will find that with small men no great thing can really be accomplished”.
That is why we have supported the Bill and why we trust the people; they are ultimately sovereign.
Lord Liddle
My concern throughout the Bill has been for the position of Britain in Europe and that it should remain an active partner in the European Union. I fear that the provisions of the Bill will ultimately prevent us from being so. I am sorry that some Liberal Democrats appear to think that this was not a matter of high principle: it is a matter of high principle to which I have committed my political life.
Baroness Falkner of Margravine
When the noble Lord’s party returns to government, we look forward to it engaging with the country in debating whether the provisions of this Bill should be repealed. We look forward to engaging with it in that debate.
Lord Armstrong of Ilminster
My Lords, I fear that some of the speakers in this debate are guilty of a terminological inexactitude. If we wait here for another hour or two, as seems quite likely, we shall find that the sun sets and there is nothing we can do about it. That was the effect of Amendment 15—the sun was going to set when there was a general election and there was nothing we could do about it. Amendment 15B is quite different. It is not a sunset at all: if it is, it is a voluntary sunset—something I have never heard of before.
The Act, as it will be, remains in force after an election and unless and until a Minister wants to amend Section 6 or Schedule 1, partially, not at all or wholly. That seems to be eminently sensible. It leaves the discretion after the election entirely in the hands of the new Minister, the new Government if there is one, and a new Parliament. It does not force anybody to do anything—it gives them the opportunity to do it. It is a much easier way of doing it than having to go through the process of repeal or partial repeal. It seems to me to be eminently sensible and flexible and I hope the House will give effect to Amendment 15B this evening.
Lord Maclennan of Rogart
My Lords, if the purpose of this Bill were gesture politics, with no outside effects, then perhaps it would be possible to go along with it. However, the provisions proposed in this amendment are reviewable by a Government and are by no means gestures alone. They are bound to have a significant effect on the ability of our Ministers negotiating in the Council to decide issues of massive importance to the people. We have been told that none of those issues will be considered by the people in the lifetime of this Parliament so the Government appear to be putting on ice any questions about improving the efficacy of the working of the European Union until the end of this Parliament.
My noble friend who opened this debate said that a subsequent Parliament could amend this Bill or throw it out. He is right, but he also said in an earlier debate that the Government have no intention of using this Bill in this Parliament. If that is the case, why are we having to legislate at all? It seems to me that the appropriate time to do that would be in the next Parliament if that is when these measures are supposed to bite. The notion that we are legislating for the future in this way is bound to have almost no effect on public opinion beyond putting up scaremongering notices about the possibility that after the next election we will all collapse in a heap and be walked over by our fellow members of the European Union. That is guaranteed to make the issue of Europe a very divisive one at the next election.
The amendment of my noble friend Lord Goodhart seems to be eminently sensible. It has not been rejected by another place. It is new and it is not merely differently phrased but differently conceived. I supported the sunset amendment as it was drafted but I am happy to support my noble friend’s revision. It would allow Ministers to decide, in the light of the circumstances at the time, whether the issue before Europe and before this country was of such massive importance that it would be inappropriate to prepare a referendum. My experience of dealing with European matters in Parliament suggests that debates are long and thorough about European issues. The public are made completely aware, by debate and deliberation, what the issues are. Surely some of those who are supporting this Bill must remember the debates on the Maastricht treaty—the hours after hours in which Members of Parliament considered these matters. To suggest that the public were not aware of it is simply to deny the facts of history.
The noble Lord, Lord Willoughby de Broke, suggested that this was a wrecking amendment. It is not—it is an amendment that enables the Government of the day to decide whether the national interest is better served by legislative process—by debate, as we had over Maastricht—than by having a prolonged debate in public leading to a referendum.
Lord Willoughby de Broke
My Lords, I took part in the debates on the Maastricht treaty. I remember them very well. The central point about those debates and about the way the treaty was pushed through is that we were not given a referendum. There was a big debate here on whether we should have a referendum on the Maastricht treaty. Unfortunately, that Motion was lost and we did not have a referendum, and that is part of the problem with the EU in this country. The people have never been given a vote since the referendum on the Common Market in 1975. This sort of amendment will stop them having a say, which they should be given.
Lord Maclennan of Rogart
We live in a representative democracy and elected Members of Parliament are put into that position of authority to act in the best interests of the citizens of this country. The notion that by not having referenda we are somehow denying the fundament of our parliamentary democracy seems to be a complete and utter nonsense. It is not only the Maastricht treaty that was carried through by Parliament in that way. Mrs Thatcher, when she was Prime Minister, also introduced the Single European Act which introduced majority voting and there was no question of a referendum about that. If you look at the opinion polls of those years, and indeed of the years around Maastricht, the public were far more supportive of our membership of the European Union than they are now.
I heard the remark of the Minister for Europe, Mr Lidington, that it is only people of my generation who are supportive of the European Union. When we were active young Members, supporting the European Union, the public listened and believed what we were saying—that it was in the interests of the people of Britain. Now we have a new generation, a whole generation younger than me, who claim that it is our fault that the public are not with them. The nonsense of that is that they have never seriously tried to explain what the purposes of the European Union are; what its achievements are and what its goals are. That is why we are wasting our time with this ridiculous piece of legislation, which is a waste of parliamentary time in scrutiny and is deceiving the public. We have been told it will not be voted on. There will be no referendum this side of the next election and after that the picture will all change.
Lord Judd
My Lords, the noble Lord knows by now that I have unlimited respect for his consistent contribution on European matters. This peroration of his is very powerful. Would he not agree that the trouble with this wretched piece of legislation is that it could not be better designed to undermine our influence on the mainland of Europe?
Lord Shutt of Greetland
My Lords, I believe that the House is ready to hear the closing speakers. I sense where the House is.
Lord Maclennan of Rogart
My Lords, I had sat down and was perfectly happy to hear the view of the noble Lord, Lord Judd. The House is eager to take a decision.
Lord Triesman
My Lords, either the Whip on the other side is making a judgment that he is inviting the House to endorse or he is not. I do not mind either way but I suspect he is right.
Lord Stoddart of Swindon
My Lords, this is perfectly out of order. If necessary I will get the House to vote on whether I can speak.
Lord Shutt of Greetland
My Lords, I believe that I heard the voice of the House, and I believe that the House is very clear that it wants to hear the closing speakers.
Lord Triesman
My Lords, we are taking part in this debate this evening because the House of Commons did not accept Amendment 15. The noble Lord, Lord Empey, made the point that the other place may have been indifferent because relatively few Members were there. I ask him not to make that judgment in general about things that happen at the other end. When most debates are conducted, you see the camera sweep around without many people being there. It is entirely possible that you could regard this as indifference to almost everything, or you could say that it is the nature of the life of this place. I certainly do not think that the House could accept what he commended to us—that we should send no messages that are in any sense disagreeable to people in the other place. Such a supine response from this House to matters on which we feel amendments are needed would surely be exactly the opposite of the role that this House should play, and ample argument for its having no role at all.
What is fundamental at this stage is that this legislation takes us, in several constitutional areas, into waters that are—I candidly submit to the House—unknown. We are being invited to change from a system that is fundamentally parliamentary in the main thrust of its work to a system that is plebiscitary. It will on one reading lead to a significant number of plebiscites—that is entirely possible—or on another to very few, as the noble Lord, Lord Lamont, suggested. That is also entirely possible; I do not know which it will be. What I do know is that it will be fundamentally different from the way in which we have conducted parliamentary debate on key issues over many generations.
There is a fundamental constitutional change in that Parliament will offer the public votes—either frequently or infrequently, depending on which reading one takes—on whether to overturn the decisions that it has taken as a result of major debates and major opportunities to review changes in Europe in both Houses. Inevitably, there will be a fundamental change in how we conduct our relationship with Europe as a whole. That is what is intended. Some people advocate that, while others of us believe that this is a disproportionate way of trying to do that. None the less, these are all fundamental changes.
I suggest to the House that, in sailing into these waters, the reality is that we do not know how it will play out. Least of all do we know in what circumstances it will play out. We do not know which things will provide the most significant changes, although we have reason to believe that the present difficulties in European nation state economies give us ample evidence that they will be the tapestry against which all of this will play out. We do not know how the constitutional matters will play out. I doubt anybody here has the temerity to suggest that they know in which circumstances all these matters will play out either.
I entirely understand the argument that there are some things, even against the background that I have described, that are so important to the people of the United Kingdom that they will insist on having a say on them. It is also true that the Government of the day will be bound, in those circumstances, to try to make judgments of their own about what the interests of the country are at any time. There is no point to a parliamentary democracy where the Government of the day say, on some quite critical issues, “We will not be finally responsible for taking judgments about what the interests of our country are”. That would be a peculiar country to live in and one in which the notion of fundamental democracy had been considerably eroded. Variations by subsequent Governments in subsequent Parliaments, of the kind that are suggested in this amendment, seem just to be prudent as a means of allowing the possibility of dealing with circumstances as they arise in a way that is more flexible—I am not afraid of that word—in all of those circumstances.
I am wholly in agreement with the noble Baroness, Lady Williams, when she says that a significant number of these issues will be judged in general elections. When people look at the questions that must be resolved, they will look at them in general elections. For those who say “Trust in the people”, my trust is at its highest point when they decide which Government they want in a general election. That is a fundamental form of trust. I accept that there will be circumstances in which a referendum would be absolutely right. I hope I have been clear from this side of the House that these include such matters as defence policy, Schengen and the euro. There is a raft of policies where I can see that that would be entirely true. However, I do not believe that, in comparison with a general election and the decisions that are taken, the people of the country—in whom, inevitably, trust must be placed in all such circumstances—believe it is somehow better to replicate “The X Factor” than to deal with real politics in real circumstances. “The X Factor” may be fine as a form of entertainment, but it is hardly a way of dealing with the national interest when it must be dealt with under stress or duress.
I also agreed with the noble Baroness, Lady Williams, when she responded to the noble Lord, Lord Lamont. This is an important point; I hope the House will not mind my repeating it. The noble Lord, Lord Lamont, is right when he says that the case for clauses that limit the life of legislation is far clearer in dealing with emergency legislation. You do not know whether you will need it in the future, and you are not 100 per cent sure that it will meet the intentions for which it was introduced. However, there is also a completely reasonable case for saying that, when we are taking such significant steps into the dark in constitutional terms, there needs to be a way to say, “How do we make sure that we’ve got the balance right in the interests of the country? How can we make sure that we are taking the right decisions in the right way against the right environmental circumstances?”. That is, after all, the function of government.
I cannot stand at this Dispatch Box and claim that I know with certainty where those new balances will lie. It is precisely my point that none of us knows where they will lie. However, this generation of politicians or the next will have to make those judgments. They will come around and they will have to be made. Politicians should be in a position to make them with the greatest confidence and authority that they can. It is critical to our country that they are successful in doing so.
I hope we will accept Amendment 15B. It is a much more limited suggestion than Amendment 15. It seems, in every respect, to grant flexibility without overriding the key provisions of the Bill in any significant way. It commends itself strongly to me on that basis. Most of all, it commends itself on the basis that, if it is true that the cause for dissatisfaction is the belief that Parliament has let too many of its roles and responsibilities go toward Europe and for those reasons fundamental constitutional change is needed—because that is the argument for this kind of fundamental constitutional change—let us be certain as time goes by that we have got it right, that the balances are right and that whatever the causes were we have not backed ourselves into a cul-de-sac or something worse.
Lord Stoddart of Swindon
If anyone wishes to challenge me and move that I no longer be heard, let them do so, but I wish to ask a question. If I had been allowed to do so without the very rude interruption of the Whip on the Bench, noble Lords would have saved themselves a lot of time. What I wanted to ask—and I am going to ask it now—is whether, when the amendment states that a future Government “may”, it means “shall”. We often have debates about what “may” and “shall” should mean, and I think it is important that before noble Lords vote, if there is going to be a vote, they know whether they are voting for something that commits the next Government to something or is permissive for the next Government. Now I will sit down and be quiet.
Could I just add that the Whip on the Bench did not intervene on the noble Lord, Lord Maclennan, who widened the debate on this very narrow amendment to the extent of whether we should be in or out? I think I have been extremely badly treated, and I hope that the Whip will apologise.
Lord Shutt of Greetland
My Lords, I would not want to upset the noble Lord. I was taking the view of the House. In this business of a self-regulating House, occasionally we have to use judgment, and it was my judgment that we were ready to conclude this debate, and I believe that is the case.
Lord Stoddart of Swindon
I might say to the noble Lord that he is not entitled to make that judgment.
Lord Wallace of Saltaire
My Lords, I start by thanking the noble Lord, Lord Goodhart, for the careful and conciliatory way in which he moved the amendment, now some time ago. I do not regard this as a wrecking amendment, but I do see it as an amendment that will confuse and complicate the principles behind this Bill, weaken their role and not help to reassure our sceptical citizens.
In answer to the insistent question of the noble Lord, Lord Stoddart, my reading of this amendment, which I am sure is that of the noble Lord, Lord Goodhart, is that it is intended to be a permissive power and not an obligatory power for the Secretary of State, which is why it says “may” and not “shall”.
In its favour, the amendment rejects the passive approach proposed by Amendment 15; that is to say, the amendment in lieu requires the Government to take a positive decision to seek to suspend some of the provisions of the Bill. It is permissive in that respect. A Government taking such a decision would undoubtedly be mindful of the possible reaction of the British people to such a move. It would therefore be open to a greater degree of transparency in terms of the motivation of the Government of the day that the original sunset clause would not, to the same degree. As the noble Lord, Lord Lamont, noted, it allows for the suspension of the requirement for an Act of Parliament before any of the decisions in Clause 6 are taken, depending on the terms in the order. So it risks diluting the increased engagement for Parliament, which is an important part of this Bill. The level to which Parliament and the people would be involved in these important decisions would then be in the hands of Ministers, a principle that runs against the spirit of the Bill.
A number of noble Lords suggested that the Bill was intended only to apply to future Governments. I remind noble Lords that in the next Session of this House, we will consider legislation under the terms of this Bill on Croatian accession and the European stability mechanism, and that the conditions of the Bill will apply to those.
Lord Goodhart
My Lords, let me start by making a small and not very serious comment. From time to time my noble friend Lord Lamont and others have referred to me as being learned. Unfortunately, I am not. If I was in the House of Commons, I would be, but in your Lordships' House I am not.
On more serious matters, I start by thanking my noble friends Lord Howell and Lord Wallace of Saltaire for their balanced and serious response to the debates that have taken place on this matter. So far as an incoming Government are concerned after the next general election, they will, whether or not Amendment 15B is present, have the power to repeal all or part of the EU Act, as it will then be, without a referendum. If Amendment 15B is adopted, the incoming Government can use that amendment as an alternative to repeal and replacement of the complete Act. Members of Parliament will be involved either way, either in supporting a new Bill or in approving the making of the order that will need to be passed under this Bill. This is not a big step.
The noble Lord, Lord Armstrong of Ilminster, made a very good point on this and explained very clearly the distinction. Amendment 15B just gives a simple way of dealing with an action that could be done without it. I see no reason why Amendment 15B should not be included in the Bill. While I seriously considered the question of whether we would pass this amendment without going to a vote, I think this falls short of that. It is therefore my intention to ask for the decision of your Lordships’ House.
Police Reform and Social Responsibility Bill
(12 years, 10 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
22:11 - Division on Amendment 235 - Ayes: 54 / Noes: 151 - Amendment 235 disagreed.
Lord Hunt of Kings Heath
My Lords, it would be helpful to the House if the noble Baroness could give some indication of the Government’s intention. My reckoning is that there are 18 groups left to be debated on Report. Can she tell me at what point she intends that the House be adjourned tonight?
The Minister of State, Home Office (Baroness Browning)
My Lords, I come to the Floor of the House tonight ready to complete Report. I do that particularly for this reason: there have been times during the course of this Bill when we have made quite rapid progress, with the co-operation of both sides of the House, but noble Lords will know that I have amended this Bill so that Members of your Lordships’ House could apply for and carry out the function of a full-time police and crime commissioner. During that debate, I was persuaded by Members of this House that your Lordships could not only carry out their functions in this House but hold down a very demanding full-time job as PCC as well. Everybody will know that people who engage at that level are people who do not clock-watch but get the job done. They stay until the job is finished; that is what I intend to do.
Lord Hunt of Kings Heath
My Lords, I found that the most remarkable response. The Opposition have been very co-operative on this Bill. We agreed to do Committee in six days and Report in four days. We did not agree that the clock should start at 8.35 of the evening. On average, we have taken about half an hour per group. At that rate, we would be meeting for another nine hours. I regard that as wholly unacceptable, as I am sure that other noble Lords will do. I suggest to the noble Baroness that a discussion should take place in the usual channels on an appropriate way forward. It is not acceptable to say to the House that, at this time of the night, we should start a full day’s debate on Report.
Viscount Astor
My Lords, before my noble friend replies, will she bear in mind that some of us who have amendments tabled for debate this evening intend to keep our speeches very short so that we will be able to conclude this stage of the Bill?
Baroness Tonge
My Lords, I, too, add my protest to what is going on here this evening. We have just spent several hours on what many people in this House considered to be a completely useless and totally unnecessary Bill. We are now faced with a Bill in which, from my point of view, the most important issue that we are yet to discuss—universal jurisdiction—is right at the end. That will probably come at something like 2 am or 3 am. That is an insult to all the people who have died by the actions of international war criminals and I am absolutely furious that the House has organised the business in this way.
Lord Carlile of Berriew
Well, my Lords, I am certainly not furious and I always listen to my noble friend the Minister with great care but I say to her that there must be a preparedness on the Government's part to stop at a reasonable hour. This House has a justified reputation for considering legislation with great care and revising it on the basis of knowledge and a solid evidence base. I fear that once we pass a very late hour today, that power of this House will be lost.
Baroness Anelay of St Johns
My Lords, it may be helpful if I remind the House that we are moving into Report and that nothing may be resolved at this moment. The noble Lord, Lord Hunt of Kings Heath, pointed out that the Opposition have always said that they would complete Report today. That is part of a firm agreement. It was also for the convenience of the Opposition Front Bench that the exchange on Lords consideration of amendments on the EU Bill was moved to today.
Baroness Anelay of St Johns
My Lords, I am not going to take an intervention from anybody in the Chamber at the moment. I would be grateful if the noble Lord could sit down because it is a courtesy of this House that two persons do not stand at the same time. I would have thought that somebody who was a Member of another place and of another Chamber might be aware of that. I am pointing out—
Baroness Anelay of St Johns
I did not stand up while anybody else was talking. I do not carry out that kind of breach of conventions. I am trying to assist the House by pointing out that the Government have tried to schedule business for the benefit of the Opposition and for the whole House. Clearly, we are always prepared to have discussions. We have done little else over the past week. Those discussions can continue but it is a matter of this House that they do not continue on the Floor. Of course, the Motion may be now put that we do resume Report stage. I invite noble Lords to agree to that, pending that there can then be discussions elsewhere. I understand, by the look of it, that the noble Lord the Opposition Chief Whip will be happy to reply to that.
Lord Bassam of Brighton
My Lords, I take that, in the end, as a very positive intervention by the noble Baroness the Government Chief Whip. I am more than happy to have some discussion off the Floor of the Chamber because it is pushing it to start a day as late as this. The noble Baroness is quite right to remind the House that we certainly signed up to try and complete Report in four days. I do not think that anybody expected the European considerations to go on for as long as they did. We tried to play our part in keeping them as short as we possibly could, but it is unreasonable to expect the House to debate serious issues such as universal jurisdiction, or issues that are a passionate concern for some, such as licensing, and the rest. As it happens, we have tabled only four or five groups of amendments for this stage of the Bill. We have tried to keep our opposition to the Bill within reasonable bounds and have done so. We have kept to our side of the bargain but, particularly on a Wednesday—and with a Thursday sitting starting at 11 am and a Friday sitting at 10 am—it is not right to keep the House beyond reasonable hours.
Lord Foulkes of Cumnock
My Lords, I will make two points. First, it is my understanding, in terms of procedure, that in this House as well as in other Houses if a noble Member wants to intervene in the speech of another noble Member it is appropriate to stand, and for the other Member to consider whether or not to give way. I am sure even the Government Chief Whip would recognise that that is the normal procedure.
Baroness Anelay of St Johns
My Lords, we have just carried out that procedure correctly, because I did not stand until the noble Lord gave way. I made it clear I was not taking interventions. The noble Lord and I have exchanged views on that on other occasions. This is continuing a debate which leads nowhere. Discussions outside can be fruitful; discussions by the noble Lord continuing now may jeopardise the success of those discussions. Perhaps we might continue in the proper manner in a House that takes its procedure seriously.
Lord Foulkes of Cumnock
I was making two points. I made my first point and I gave way to the noble Baroness, as appropriate. The second point I want to make—it is open to Members to make these points and I say that to my own Front Bench as well as to other Front Benches—is that when my noble friend the Chief Whip agreed that we should discuss this today it was on the basis that the day started at 3.35 pm. That is, if I can work it out right, five hours ago. Therefore we are not getting a full day in any sense. That is why I agree with noble Members opposite, particularly from the Liberal Democrats, who have indicated their deep concern. If concern is expressed by the Labour Opposition and by the Liberal Democrats I would have thought the Government should take account of that.
Baroness Paisley of St George's
My Lords, I would like to add my voice and appeal that we leave this matter until tomorrow. At this late hour, no one can make guarantees. Although speeches may be short, when there are interventions it lengthens the thing out far too long. Those of us who are past our green years need to get home and get a bit of rest before coming back early in the morning. We will then have a fresher mind and more patience than we have at this hour of the night.
Baroness Hamwee
My Lords, it has been said that the Liberal Democrats are protesting. I hope it is understood that it is not all of those on the Liberal Democrat Benches. I urge the speedy start and, I hope, conclusion of talks outside the Chamber to see how we go.
Lord Hunt of Kings Heath
“Acting police and crime commissioner
(1) Where a police and crime commissioner is unable to perform his or her functions under this Part, the relevant police and crime panel must appoint an acting police and crime commissioner from amongst its members.
(2) A person who is appointed to the role of acting police and crime commissioner under subsection (1) has the same powers and is subject to the same requirements as a police and crime commissioner, in accordance with this Act and any other enactment.
(3) In appointing an acting police and crime commissioner under subsection (1), the relevant police and crime panel must stipulate the maximum length of time that the person may hold that position.
(4) A person ceases to hold the position of acting police and crime commissioner—
(a) in the event that the police and crime commissioner is able to resume his or her functions under this Act;(b) at the end of the maximum term stipulated by the police and crime panel; or(c) as otherwise stipulated in this Act or any other enactment.”
Lord Hunt of Kings Heath
My Lords, we come to a very important matter: the appointment of acting police and crime commissioners. Whatever our views on this Bill, one thing is clear: the police and crime commissioners will have considerable power and authority over policing matters in their local police force area.
A second point is that, with the numbers so elected, inevitably there may be circumstances in which a police and crime commissioner may become incapacitated: they may be suspended, they may decide to leave office voluntarily, or they may die in office. Quite rightly, the Bill contains provisions for the appointment of an acting commissioner. That is well and good. However, the problem with Clause 63(2) is that an acting commissioner, appointed by the police and crime panel, can only be appointed if they are a member of the police and crime commissioner’s staff at the time of the appointment. The acting commissioner can exercise all the functions of a police and crime commissioner, other than issuing or varying a police and crime plan under Section 6, so the acting police and crime commissioner can dismiss the chief constable. They can set the precept and, as my noble friend Lord Beecham has reminded us, that can be around 9 to 11 per cent, depending on whether you are in England or Wales, of the total council tax bill.
Lord Condon
My Lords, I support the amendment. We discussed this in Committee. I can think of virtually no circumstance where every member of the police and crime panel would be ineligible to stand as acting commissioner, if the circumstances warranted it. I can think of many sets of circumstances where it would be inappropriate for every single member of the elected commissioner’s staff not to be eligible to be the acting commissioner for the very circumstances set out by the noble Lord, Lord Hunt. If the elected police and crime commissioner has been suspended or has had to stand down temporarily because of allegations of corruption or other behavioural issues, it would not be in the public interest for a member of what is going to be, in the Minister’s own words, a very small number of support staff to stand as the acting commissioner if there were a serious allegation of corruption against the commissioner. The Minister has been reasonable and conciliatory on many of these issues. This is a blindingly obvious case where it would be far more appropriate for a suitable member of the police and crime panel to act in circumstances where the elected police commissioner is no longer eligible to be commissioner for a period.
Lord Shipley
My Lords, I add my voice to those who support this amendment because I see it as a critical part of the necessary checks and balances on the powers of the commissioner. I say that for two reasons. First, the acting commissioner could be in post for eight to nine months—that is, for up to six months as permitted in the Bill, together with the period during which a replacement is elected. Frankly, to have an unelected acting commissioner for that length of time is unacceptable as they will set the budget and the precept. Although there is a veto on the precept, nevertheless they will be responsible for making the proposal on the precept and they will make a decision about the budget. All those functions should be undertaken by people who have been elected as opposed to people who have not been elected.
Secondly, the commissioner will have appointed the staff member to their substantial post. The only power that the panel will have is over which staff member is nominated, although they have to bear in mind the advice given to them by the commissioner who is incapacitated. I regard this as an absolutely fundamental issue. The panel must be able to appoint from among its own members. Between now and the next stages of the Bill, I very much hope that my noble friend the Minister will make clear to colleagues in the other place that this matter is of fundamental concern to a large number of Members of your Lordships' House.
Lord Beecham
My Lords, I correct my noble friend Lord Hunt, who has underestimated the extent of the precept as a percentage of the local council tax, which would fall potentially to the acting commissioner to levy. It is 11 per cent in England and 15.5 per cent in Wales—even greater than my noble friend indicated. I respectfully suggest that there is potentially an equal underestimate in relation to the period of vacancy. As I read the Bill, the six-month period after which a vacancy would have to be declared and a new election take place, which would add to the length of time in any event, arises in connection with incapacity. However, there are other grounds on which a vacancy might arise. In particular, there is the possibility of a police and crime commissioner being suspended. That could conceivably take an even longer period to resolve, so there is the potential for this position to be filled by a second-hand appointee, as it were, for a long period. Of course, the whole rationale of the proposal for police commissioners—flawed in the opinion of many, certainly on this side of the House—is that it is necessary to have somebody who is elected and who has a direct mandate for the purposes of exercising the functions that the Bill confers on the holder of the office.
There will be no such democratic element in the event that the procedure currently in the Bill is enacted. There would be no democratic mandate of any kind—direct or indirect. It is intolerable that that should be the case when within the police and crime panel, there will be people with a mandate—not the complete mandate—that will be claimed for the police and crime commissioner in as much as he or she will be elected for the whole force area. There will at least be some democratic mandate for those elected local councillors who will constitute the majority of members of the police and crime panel. In those circumstances I can see no argument for allowing—indeed requiring—the appointment of somebody who has no mandate when there are those available within the structure who would have at least some mandate.
I hope that the Government will think again. The noble Baroness was unlike her old self, if I may say so, at the beginning of this debate when her rather surprisingly peremptory statements were made. I would like to see her return to what your Lordships might think is the much more acceptable Browning version.
Lord Harris of Haringey
This is an extremely important issue and not one that we should rush through simply because we are fed up. I am sure that I have just as much stamina as the noble Baroness, Lady Browning, although I am not required to take the whole Bill through this House. We have to consider and debate these issues seriously because, after all, that is the function of this House.
This is a problem of the Government’s own making in that, having decided that police and crime commissioners—and for that matter MOPC in London, although the issues are slightly different—have substantial, individually held powers, the question then comes: what do you do in circumstances when there is a vacancy or someone needs to act while that happens? The Government cannot have it both ways. They cannot say, “Actually, it will be okay and we can have a member of the staff of the police and crime commissioner’s office to act in this function”, and at the same time say, “The police and crime commissioners are so important and will be so busy that they have to work full time on these functions”. What are they working full time on?
They are presumably setting direction—I am sure they are not intervening in operational matters because the Government are clear that they will not be doing that. They will be providing guidance on what is regarded as important to the electorate of that policing area. Among their duties will be setting the level of local taxation. There is no other area of British public life when something that impacts on taxation is not decided by people who are elected. If the noble Baroness wants to interrupt and tell me of one that I have not thought of, I would be delighted to receive it. There is no such area.
This is one of the most important decisions and it is one that will matter very much to the public in the area concerned. The task of being an elected politician is to balance what you believe are the important aspirations that you might have for the public service concerned and how much money can readily be raised in taxation. That is an issue that this and previous Governments have struggled with, and those who are actively engaged in local government struggle with it each year. You have to make a judgment and you can make it only if you see both sides of the equation. You see the side of expenditure and you see the side of what it will mean in taxation. Only somebody who is elected will have that perspective of what the public want in terms of services delivered and what they are prepared to buy through taxation. The public are not always single-minded on these matters. We are all aware of those stresses and strains, which is all the more reason why it must be an elected politician who makes that judgment. Only an elected politician with the authority of being elected can strike that balance knowing what the electorate of the area feel.
Lord Foulkes of Cumnock
Before my noble friend sits down, perhaps I might ask whether he has given any thought to the situation of a police officer in the force who has received money from tabloid journalists. Would that be the responsibility of the chief constable or of the commissioner? If it would be the responsibility of the commissioner, how would someone standing in from the panel be able to deal with that?
Lord Harris of Haringey
If such a circumstance were to exist—and clearly this is all very much in our minds at the present time—I suspect that the first people who will recognise the level of public concern that is going to exist are going to be individuals with a personal, direct elected mandate in an area. Under the Government’s model, where you have an elected police and crime commissioner who has not been disqualified, removed from office or incapacitated, then maybe that works and that individual would express concerns.
There is a fascinating article by Daniel Hannan, who I know is of enormous influence within the Conservative Party. He complains, incidentally, that the Government have got the nomenclature wrong; they should not be called police and crime commissioners but should be called sheriffs. He points out that there is a historic British tradition of the local sheriff, who is not the guy with the five or six-pointed star badge, but an ancient, semi-feudal office. The City of London has sheriffs, so it must be all right, because it is the same medieval construct that brought us corporations themselves.
In those circumstances, the directly elected individual —and this again is the point of the Government’s proposals—is going to be the person who will sense that this is something of deep concern to the public and that something should happen. In the circumstances of my noble friend Lord Hunt’s amendment, the point about it is that, rather than have some official who has never had to face an electorate making those judgments and decisions, it would at least be someone with a personal electoral mandate, albeit not for the whole force area, but for a part of it, who would be reflecting the public concern about such matters and taking the appropriate action in those circumstances.
Again, I think the Government’s arguments are flawed and they really need to address what is actually a very serious problem, which would manifest itself most seriously in circumstances where something is seriously going wrong.
Lord Soley
My Lords, I will intervene briefly, mainly to support what my noble friend has said.
On the previous intervention, the issue of offers of payment by the media to certain police officers is very much on our minds at the moment. In my view, this issue is not—and never has been—a really central and massive problem, but it has always been there. When I introduced my Freedom and Responsibility of the Press Bill 20-odd years ago, we looked at it then but it has never been dealt with so I would say it should be considered, particularly in the structure that Government are setting up. There will be a temptation for certain police officers to be paid by journalists. Usually, the journalist makes the approach, in my experience, when any offer is made. Journalists will talk about what they do on a confidential basis—“Do not quote me” and so on—but such things are said. Usually, the sums of money are not huge—perhaps £20 for a bit of information and a bit more for another piece of information.
We all have two or three concerns about this Bill, but on this particular aspect there is a danger of what you do if there is an issue of corruption, however small it is overall, and how it is dealt with. I hope that the Minister will deal with that point, which my noble friend made very adequately from the Front Bench, but has just been added to by my noble friend Lord Harris of Haringey.
Baroness Henig
Before the Minister replies, I have a brief query that I would like to ask. Between discussing this in Committee and on Report, the Minister has laid an amendment about deputies, so I think we have covered this. I am therefore assuming that it is possible that the noble Baroness might be saying—and it was certainly what I understood when it was first mentioned—that a deputy might assume this role of acting commissioner.
When I looked at this in some depth, it seemed to me that this deputy post was not one that would be exempted from Section 2 of the Local Government and Housing Act. In other words, it was going to be a post where the incumbent would have to be politically restricted. If that was in fact the case and it was a politically restricted post, it would seem to me to be completely wrong for that person who is politically restricted to be able to act up. Am I correct in my understanding of that? When that deputy post was created, I had rather assumed that one of the reasons for it was that the deputy could act up, but having looked at it, I do not see how that could work. I would be most grateful if the noble Baroness would perhaps say something about that as well in her reply.
Lord Dear
If an allegation of corruption or any other crime is made against someone, whoever the officer might be, the procedure is well laid down, and I do not think that the Bill would change it in any way. The complaint is made to the chief officer of police, who has to record the complaint, which is automatically notified to the Independent Police Complaints Commission. The IPCC can take over the inquiry or supervise it, and discipline remains a matter for the chief officer. If, in the doomsday scenario, the chief officer does not deal with the complaint properly, then it is for the police authority or, in this instance, the police and crime commissioner, to step in. I do not think the procedure would be changed by the Bill.
Lord Foulkes of Cumnock
I fully understand. That was an exceptionally clear explanation. However, if the commissioner was not there, and someone was standing in for the commissioner, would it be appropriate for the member of the panel who is standing in for the commissioner to deal with the issue in the same way as the commissioner would?
Lord Dear
In the theoretical instance cited by the noble Lord, I do not think it would work that way because the chief officer of police would have to demonstrate that he had not dealt with the complaint properly, and that would take some time. We are talking about six months plus two months before an election, so by the time that doomsday scenario occurred, you would have an elected individual in place as the PCC, as I understand it.
Baroness Browning
My Lords, this amendment seeks to secure the appointment of an acting PCC from the panel rather than from the PCC's staff. I recognise the points made today and previously in Committee and remain open to suggestions about how we might secure a process of appointment for an acting PCC which provides the safeguards and political neutrality that I have described in previous debates and which would also provide assurance to a PCC that any appointment of a temporary stand-in would not endanger the continued delivery of the police and crime plan and objectives. I say to the noble Baroness, Lady Henig, that I am very happy to consider taking forward the situation with the deputy, but the deputy is not politically restricted.
Baroness Henig
When I looked at the government amendments, there was no suggestion that there was an exemption under Section 2 of the Local Government and Housing Act. If there is no such exemption, is that post not restricted? It does not say that.
Baroness Browning
My Lords, I will come back on that specific point, but I want to make the point that although I am not able to accept this amendment, I am aware of the genuine concern that has been raised, not just on Report but at previous stages, and I am still trying to find alternative solutions. I shall explain to the House why I do not feel able to accept this proposal. I understand what is trying to be achieved, but plucking the acting PCC from an inherently political body is not the right solution to this issue. Some may say that I am overplaying the need for political neutrality in these situations, but I point to the debates in the other place and in this House regarding the potential risks of politicisation. If, as was put forward, politicisation is such a key risk, then I would argue that establishing an acting commissioner from within a very political pool of people with a different mandate is the worst of all worlds and likely to lead to conflict. The PCC's staff are politically neutral and, in the absence of any other person with a political mandate spanning the force area, we envisage that the PCC's chief executive would be best placed to continue to secure the maintenance of an effective police force with the close support and involvement of the police and crime panel for the interim period.
As I have indicated, I cannot agree to the amendment for the reasons I have given, but I keep an open mind on coming back to the House on this issue with other suggestions, and I will consider the proposal put forward by the noble Baroness, Lady Henig. On this basis, I ask the noble Lord to withdraw his amendment.
Baroness Hamwee
My Lords, one of the Minister’s concerns is plucking—I think that that was her term—someone from a political pool. I understand the argument that the commissioner may be independent, but nevertheless he or she will be a politician because it is a political job. I speak very much off the top of my head, but is it worth Members of the House considering whether an appointment from the panel, but made by the commissioner, could be a candidate for this? Heads are being shaken across there and there are nods around here as to this being a possible way forward. Given the stage of the Bill, I felt that it was worth throwing this suggestion into the mix.
Baroness Browning
I am grateful to my noble friend, as always, for making a constructive suggestion to resolve this issue. I will, of course, with other points that have been raised, take that into consideration.
Lord Boswell of Aynho
My Lords, would an alternative approach, which would be not unfamiliar from board practice, be to establish through the panel a nominations committee, which could provide an element of filter, rather than a direct overtly or covertly political appointment?
Baroness Browning
I am grateful to my noble friend. I have explained to the House that I am very happy to take this forward without closing the door on it tonight, even though I cannot accept the amendment. I will return to the House at a later stage with this.
Lord Hunt of Kings Heath
My Lords, I think the point has been well put that the powers of the acting PCC could be considerable. I apologise to my noble friend Lord Beecham for underestimating the size of the precept. It seems to me that it has grown between Committee and Report stages. But it involves the precept, the budget, the appointment of the chief constable and the dismissal of the chief constable. I am still concerned that the problem here is the construct of the Bill. As my noble friend Lord Harris has said, once you decide to place on a political individual so much power and responsibility, you clearly have a big problem in deciding what to do if that person is no longer able to carry out the job.
It seems to me that this is a very important issue, which has been debated in the other place as well. The Government clearly still do not have a clue about how to deal with it. The noble Baroness said that she is concerned about appointing the acting PCC from the police and crime panel, which is an inherently political body. But what is the PCC but politicisation? In terms of the idea that the staff will be wonderfully neutral, what on earth will the staff be doing? I am horrified at the thought that the PCC will employ an army of people. It will have one point, which will be to ensure the re-election of the police and crime commissioner. What else are they there for but to support that person?
The noble Baroness has said that she will take this away. I am very grateful to her, but can she confirm that that means that she accepts that I can bring an amendment back at Third Reading or that she will? It cannot be dealt with in the Commons on ping-pong. It is impossible to deal with this issue in that way. It has to be dealt with by this House. We have only a few days left. Will the noble Baroness confirm that she is saying that this is a matter that requires further clarification and can be brought back at Third Reading?
Baroness Browning
My Lords, I will commit to bringing it back at Third Reading for clarification.
Lord Hunt of Kings Heath
My Lords, in that case I am extremely grateful and I beg leave to withdraw my amendment.
Baroness Browning
Baroness Browning
Baroness Henig
“( ) A report is to be prepared annually by Her Majesty’s Inspectorate of Constabulary assessing the extent to which the strategic policing requirement has been met in each police area and nationally.
( ) A copy of this report must be laid before Parliament.”
Baroness Henig
My Lords, I would like to speak to Amendments 235, 235A and 239. Can I just point out that I think there is a misprint on the groupings list? To clarify, this group should comprise Amendments 235, 235A and 239.
Amendment 235 is a response to the widespread fears of your Lordships expressed in earlier debates. It is also a response to the concerns of policing professionals, charities and businesses that an elected commissioner might, for obvious reasons, want to focus on a local mandate, and the fact that a lot of important, strategic national issues are somewhat hidden from public view. There is concern that all this might lead to cross-border national or strategic policing issues being relatively neglected under the Government’s proposed new model.
I dare say that we are as one in recognising and wishing to respond in the most effective manner possible to the ever present and, indeed, growing threats to many of the so-called protective services or national and strategic threats, which cross police force borders or require specialist attention. The sort of crimes I refer to are such things as cyber crime, threats from terrorism, extremism, serious and organised crime, people trafficking and the more sporadic—potentially devastating—impact of civil contingencies. There is a whole number of national incidents.
I do not wish to raise an apocalyptic spectre of crimes and emergencies, but it is exactly because these important issues are not the currency of local, political, policing debate that I am concerned that it might not be at the forefront of a commissioner’s attention. There is a risk that commissioners may—for understandable reasons—not give full weight to national issues. Anybody who has attended local, public policing meetings or read the results of public consultations about policing priorities will understand that local people are interested in local issues. One example is born out of recent excellent research undertaken by my home police authority, Lancashire, which revealed that most people’s priorities for an elected Lancashire commissioner were going to be tackling quite low-level crime. Anti-social behaviour and environmental issues such as littering and abandoned cars were the sort of issues that people wanted commissioners to address.
I have experience of consulting local people on their policing priorities. I used to always give people a list of issues on which we wanted to consult them. It would always include anti-terrorism and other matters but the public always said “We do not want anti-terrorist activity to be at the top of the list because that is a national responsibility”. When asked how this should be paid for they said that the Government should pay. They always put national issues at the bottom of the list. As I went round the county, this happened every time.
Even at a time in Lancashire when the Irish situation was quite difficult—and Heysham was quite an important area for activity which meant that the Lancashire police were engaged in considerable anti-terrorist activity —none the less people in Lancashire did not want their precept to be spent on that kind of activity. That worried me then and it worries me even more now because I think that tendency will be even more emphasised in this new regime.
What I propose as part of the solution to act as a substantial check and balance on commissioners and force actions is to have an annual report to Parliament by Her Majesty’s Inspectorate of Constabulary. I am sure I do not need to remind the House that it has a long and distinguished track record in both identifying and trying to identify the best ways of closing the gap in protective services. It is perfectly placed to provide an annual guarantee that the gap does not widen in the years to come, or, if it does widen, that it can alert Parliament that this is happening.
My idea of an annual report to Parliament draws on similar recent and successful provisions that have enabled Parliament’s concerns about the potential impact of certain Acts to be monitored and to some degree ameliorated. I am thinking here of the distinguished work of the noble Lord, Lord Carlile, as the independent reviewer of counterterrorism legislation. That is just one example of a way in which activity could be monitored, so that Parliament could get some sense of how things are working out. I understand that the amendment would impose a new duty on the inspectorate’s already, no doubt, hard pressed resources, but the national issues are so important and the consequences of us failing to ensure adequate provision for national strategic policing requirements are so great that an annual assessment would be one way of monitoring the situation and measuring what forces are doing. It would help commissioners in their debate with local people to emphasise how important these national strategic requirements are. It is in that spirit that I beg to move the amendment.
Baroness Hamwee
I have Amendment 235A in this group. The noble Baroness spoke about matters which I raised at the previous stage, mentioning a number of criminal areas which do not respect boundaries. This amendment is arguably a little more local, but I have been asked to raise it by Justice, whose concern is exactly what I articulated at the previous stage and what the noble Baroness, Lady Henig, has articulated now. It is concerned that the creation of commissioners could result in what it calls—it is rather a good phrase—a competitive “race to the bottom” on populist law and order policies. It mentions what one might call the “invisible” crimes, such as domestic violence and crimes against vulnerable individuals and members of minority groups, which do not dominate public concern in the way that street crime and anti-social behaviour do.
The Bill deals with offences such as terrorism and organised crime, which require a national policing response. Child neglect has been acknowledged in another part of the Bill, but aggravated crimes against minorities and a whole list of other matters, with which I shall not detain the House, may not be a priority—indeed, it is extremely unlikely—for any commissioner seeking an electoral mandate.
I made the point to Justice that we had already covered some of this ground, to which it responded rather honestly that it was important to make the rhetorical point. Although it is almost half-past nine on perhaps our last day on Report, I shall make the point not very rhetorically, not very eloquently, but in quite a heartfelt manner.
Lord Harris of Haringey
My Lords, I do not think that some of the issues that we are discussing in these amendments are rhetorical matters. My Amendment 239 approaches the issues which my noble friend Lady Henig raised in Amendment 235 from a slightly different perspective.
Some 35 hours ago, I sat listening to the Home Secretary introduce the new CONTEST strategy for the United Kingdom. That document, which pulls together the efforts being made to counter terrorism, is fundamental to the issues that we are talking about here in relation to the national strategic policing requirement.
Of course, this document describes the importance of having a national network feeding in to the counterterrorist effort—if we do not have such a national network, we cannot deliver effective counterterrorist policing. That is why it is so important that the Government have put the strategic policing requirement into the Bill. What makes it difficult for us in your Lordships’ House to consider these matters tonight is that, of course, no one, as far as I am aware—certainly none of your Lordships—has yet seen the strategic policing requirement, or a draft thereof.
Lord Foulkes of Cumnock
My noble friend served with me on the Joint Committee on the national security strategy. Will he help the House and contemplate how the strategic policing requirement might fit in to the national security strategy? Would it be part of it or relate to it in any way? It has certainly not been mentioned, as I am sure my noble friend would agree, in our meetings on the national security Joint Committee.
Lord Harris of Haringey
The Government are trying to square the circle of putting a very high priority on national security—the national security strategy, the creation of the National Security Council—and their policies on police and crime commissioners. Clearly, the potential danger with police and crime commissioners elected with a local mandate to articulate the concerns of local people is that some national priorities will not be given the same priority at local level. Now, I am sure that no sensible police and crime commissioner would say, “I am not interested in anything being done on counterterrorism”, just as no sensible police and crime commissioner would say that they did not want to see anything done on serious crime. However, when there are 41 directly elected individuals, some of whom will fight very fiercely contested local elections, or be facing fiercely contested re-election, the question of whether the same priority is given to national security matters as is given to other matters becomes a real issue.
Because of our particularly slow progress as a House on other matters before we arrived at the Bill tonight—we are making rapid progress compared to the progress earlier—I had the opportunity of listening to a presentation downstairs from Professor Dave Sloggett, a nationally known expert on counterterrorism issues. In a rather chilling 15-minute tour d’horizon, he simply spelt out the sorts of threats that we face, which are contained in the CONTEST strategy, and the context in which that is taking place at the moment. Yes, Osama bin Laden has been killed, but that does not mean that al-Qaeda goes away. We are actually seeing a fragmentation and each of the different affiliates going their own way, each presenting slightly different threats.
We have Gaddafi in Libya, who has made an explicit threat of suicide bombers in European cities; and there is the changing situation in Northern Ireland, where we have just seen two nights of sustained rioting and serious disorder. Again, the fact that that has not impinged significantly on the rest of the country makes it all the more likely that there will be an aspiration for it do so. We have the challenges of the Olympics. In moving her amendment, my noble friend Lady Henig referred to issues around cybercrime, and it is interesting that the CONTEST strategy for the first time refers to the cyberterrorist threat. These are issues in which local police forces have got to play their part; they have got to raise their game. They are not necessarily issues which will immediately emerge as the priority for the elected police and crime commissioner in every part of the country, yet every part of the country is potentially affected.
Let us consider the way in which Roshonara Choudhry self-radicalised herself, dropped out of her university course and, having listened to speeches and read material on the internet, decided that an appropriate thing for her to do to take forward the cause would be to assassinate a British Member of Parliament. She then researched Members of Parliament on TheyWorkForYou.com and purchased two kitchen knives. Fortunately for Stephen Timms, a Member of Parliament in the other place, she decided on the day that it was easier to conceal in her clothing the shorter of the knives. That is an example of the kind of threat we face.
Not so long ago an individual in the south-west of the country seriously injured himself in an attempt to blow up a restaurant in which families with young children were having meals. Again, he was an individual who, as far as we know, was not significantly connected to any of the networks.
It will be the responsibility of local policing, local special branches and local intelligence to pick up on these issues. If you get to a stage where this is seen as not the responsibility of a local police force, your ability to combat these threats will be severely weakened. That is why the strategic policing requirement is so important.
It is also important in the context of serious and organised crime because we all know that if you do not maintain consistent and strong pressure on the issues around serious and organised crime, gradually the quality of community life in all kinds of areas will begin to deteriorate—and yet this will not be an immediate priority for many police and crime commissioners.
The Government have, properly, written into the Bill a strategic policing requirement. However, they have not specified how it will be enforced and how they will make sure that it is met in every force area. My noble friend Lady Henig has tabled an amendment which would require Her Majesty’s Inspectorate to produce a report on an annual basis and lay it before Parliament to assess how the strategic policing requirement is working. My amendment has a different focus; it seeks to consider what happens in each individual force area. It does not specify that the report should be laid before Parliament because sometimes the content of that report in relation to the strength, willingness and effectiveness of local forces in combating terrorism and serious and organised crime would best not be publicly shared.
I know that the Home Office does not want to be top-down on all kinds of issues, but on these issues it needs to be top-down, which is why it has postulated a strategic policing requirement. This will give the Home Secretary a snapshot for each police force area and a national overview, if you take the position that has been put forward by my noble friend Lady Henig, of what is going on and where there may be weaknesses. Whether that will result in a formal intervention by the Home Secretary or a less formal intervention with the chief officer of police and the elected politician who leads those areas applying pressure, I do not think really matters. What is important is that the Home Secretary has that information and has it as a tool. Further, it is important that the locally elected individual—the police and crime commissioner or the MOPC in London—is aware of where they stand in terms of meeting the strategic policing requirement. They may well have a rose-tinted view of what the level of problem is or what needs to be done. This gives them that information and the opportunity to decide. I find it extraordinary that there is nothing in this Bill about monitoring how the strategic policing requirement is to be met, how it is to be achieved and what is to be done about it.
These amendments are put forward in a genuine attempt not just to assist the Government to achieve their objectives, which as you know are constantly at the forefront of our thoughts on this side of the House, but because it is critically and crucially important for the national security of this country and indeed for our ability to deal with serious and organised crime.
Lord Carlile of Berriew
My Lords, I hope I will be forgiven for making a short intervention in support of the amendment of the noble Baroness, Lady Henig, and indeed in support of the amendment of the noble Lord, Lord Harris of Haringey, as to its principle. This Bill is to a great extent about the accountability of the police. The whole purpose of the Government’s policy, which I applaud, is to make the police more accountable to the public. The noble Baroness, Lady Henig, is attempting to do precisely that—to give visible evidence of that accountability to enable the public to judge from a document how accountable the police are in terms of the strategic policing requirement.
The noble Baroness referred to the work of the independent reviewer of terrorism legislation, which I used to be. The independent reviewer is required to produce at least two reports every year which enable Members of both Houses, who use the reports extensively, and others to judge the performance of the authorities in relation to counterterrorism law. We have an independent reviewer of the relatively new Northern Ireland provisions for what is now public order law in Northern Ireland. This role has been carried out since it was introduced by Mr Robert Whalley. He has been very successful in ensuring that those important parts of the law he reviews in Northern Ireland, which can prove, as we have seen in the past couple of days, very controversial in the context of everyday life, are accounted for in the legislative assembly of Northern Ireland and in this Parliament.
Following the legislation in relation to the UN money-laundering provisions for named terrorist suspects, we introduced recently an independent review which is going to be carried out, as I understand it, by David Anderson QC, who succeeded me as independent reviewer of terrorism legislation. There again, we will have a report which will deal with issues relating to a part of the strategic policing requirement. Those who carry out such roles from time to time have been asked ad hoc to carry out reports which call to account those who have been involved in aspects of counterterrorism and related policing.
Her Majesty’s Inspectorate of Constabulary has a distinguished and respected record of impartiality. It has been able to secure changes in policing practice around the country by the kindly method of report, constructive criticism and engaging, sometimes, the support of those in both Houses of Parliament. It seems to me that there is nothing to be lost and potentially much to be gained from the transparency of a report by Her Majesty’s Inspectorate of Constabulary, particularly given the importance of the strategic policing requirement, which has been amply described during this short debate, particularly by the noble Lord, Lord Harris.
I take issue with the noble Lord on only one detail. He suggested that it might be difficult to write a report that would be published that engaged with matters of national security that are best left unsaid. I can tell the noble Lord that there are ways of doing this; it can be done. With the co-operation, which is always available, of the security services in particular, there are ways of writing reports that do not damage national security but deal fully with all the principles that need to be discussed.
I therefore believe that this is a constructive proposal and I hope to hear that the Minister will also allow this matter further consideration with a view to something being brought forward at Third Reading.
Lord Dear
My Lords, I wonder if I might put a different gloss on the matters that we are debating in this group of amendments. We know that there is a strong likelihood that there will be a national crime agency some time in the next calendar year. We already have a discussion document about that. It refers to tasking, which I am confidently assured means direction from the centre. That means that there is bound to be tension between local and national issues, which is a good thing. It is democracy in action. It is inevitable that the inspectorate will become involved, at the behest of local or national figures. That is what it is there for and that is my experience, having served in it for more than five years, albeit some time ago.
I am concerned that the Bill is in grave danger of becoming overprescriptive. We are covering detail, which is good as far as it goes. However, to put it in the Bill rather than take it as a matter of good sense or encompass it in regulation stretches too far the issue of what should be in the Bill.
I shall refer to Amendment 235A. Having followed an all-encompassing definition of national crime, we are then invited to put in something about children, vulnerable adults, members of minority groups and so on. I do not at all underestimate the threat to those groups; terrible things are done to and with them. However, if we are to pick out those groups, why do we not put in something about drugs, counterterrorism, and the theft of high-value motor vehicles and plant, all of which happen on a European—if not a more international—scale? Why do we not put in something about cybercrime or identity theft? I shall sit down soon because I want to brief, but my point is that we should not drop into the trap of being overprescriptive. Valid though all the comments from speakers so far have been, it is asking the Bill to accept too much.
Lord Hunt of Kings Heath
My Lords, this has been a very interesting debate. I understand what the noble Lord, Lord Dear, is saying about the risks of overprescription. However, we are talking about strategic policing requirements. This is a matter of national importance. My noble friends have argued very well for their respective amendments.
No election will be won by a police and crime commissioner on issues to do with national policing. They will be won on local manifestos. Almost every candidate will promise more police on the beat. The question will be an auction over just how many police will be on the beat at any one time. That is fair enough and clearly responds to a general view held by many members of the public, who like the police to be visible. I do not argue with that. However, it will have some consequences. It will put the squeeze on the specialist units that the police forces have developed. It will also put the squeeze on each force’s responsibility to the national policing requirement. In some way or other, without being wholly prescriptive, we need to find a way in which to reassure Parliament that the national strategic policing requirement will be carried out as effectively as possible. It is not just terrorism; it is also about serious organised crime. My noble friends Lord Harris and Lord Foulkes were absolutely right to develop the argument about the threats that we face. We are in no position today to be complacent about those threats.
In their approach to the Bill the Government have really rather pooh-poohed the current tripartite relationship. They have criticised police authorities for a lack of visibility—although I have yet to hear any conclusive evidence put forward on why they ought to be visible. Furthermore, they believe that the tripartite arrangement is at fault because Home Secretaries have indulged in too much target-making. There will be a debate about targets and their place but there should be no doubt that in the end the Home Secretary is accountable to Parliament and ought to be accountable to Parliament for national policing strategy and the effectiveness of police forces in making a contribution to that strategy.
I agree with the noble Lord, Lord Dear, about the implications of the national crime agency. I also agree with him that some tension will be constructive—but tension could also be destructive. In the Bill we see that the requirement in relation to the strategic policing requirement is placed on chief officers of police. In exercising the functions, they must have regard to the strategic policing requirement. In other words, they can ignore it, because “have regard to” is a very weak use of parliamentary language. They have to have regard to it, alongside other matters that are placed in the Bill.
We then look to page 2 of the Bill and see that in Clause 1(4) that the,
“police and crime commissioner must … hold the chief constable to account for”,
a series of actions, but also,
“the exercise of the duty under section 37A(2) of the Police Act 1996 (duty to have regard to strategic policing requirement)”.
All we have in statute is a requirement on the police and crime commissioner to hold the chief constable to account. Then we find that the actual requirement is simply to have regard to. What if the police and commissioner does not effectively hold the chief constable to account? What if the chief constable has regard to but does not take the necessary action? Where are the safeguards and sanctions? There are none. That is really our concern.
The amendments seem to be helpful and constructive. My noble friend Lady Henig asks for a report to be prepared assessing the extent to which the strategic policing requirement has been met in each police area. That does not seem overprescriptive; it is simply giving an assurance to Parliament that there will be a process by which Her Majesty's Inspectorate of Constabulary has a means of looking at each police force area and reporting on how they are doing in their contribution to the strategic policing requirement.
My noble friend Lord Harris has another constructive amendment around the inspection programme. In our first debate the Minister was very helpful, although I did not really follow her arguments. She was very constructive in being willing to engage in the area of the acting police and crime commissioner. Nothing is more important than the national strategic policing requirement. I hope that the noble Lord, who, I suspect, is going to respond to the amendment, will be able to be as constructive as his noble friend.
Lord Foulkes of Cumnock
My Lords, before the Minister replies to the debate, he will recall that nearly an hour and a half ago the government Chief Whip indicated that she would return speedily with a new timetable for this Bill to propose to the House. We are now approaching the normal time of rising of this House. I hope that the Minister will give an indication as to when the government Chief Whip will do us the courtesy of returning to indicate what the new timetable for this Bill will be.
Lord Wallace of Saltaire
As always, the noble Lord, Lord Foulkes, is immensely helpful in his contribution to debates. I well recall his many constructive contributions to the Parliamentary Voting System and Constituencies Bill in an earlier period.
It is part of the intention of this Bill to build in some constructive tensions between the local and the national—
Lord Foulkes of Cumnock
I am grateful to the Minister, but this is a serious point. A number of Members of this House have an interest in subsequent amendments and are genuinely concerned that there should be a proper debate on the Bill because some very serious and important amendments are coming up. They do not know what is going to happen. They do not know whether these amendments are going to be considered at three o’clock, four o’clock or five o’clock in the morning or, more sensibly, on another day when they can be properly considered by this House. It is the normal role of this House to give proper consideration to these amendments, and I hope that someone will find out when the noble Baroness, Lady Anelay, will return, as she promised an hour and a half ago, and tell the House what the programme is going to be. If not, people are hanging on here without any knowledge about what is going to happen.
Lord Wallace of Saltaire
My Lords, I will do my best to get that information to the House as soon as possible.
As I said, it is part of the intention of this Bill to build in some constructive tensions between the local and the national. We all understand that policing is a constant dialogue between local, regional and national, although I suggest to the noble Baroness, Lady Henig, that things have changed a great deal in the last 20 or 30 years. Certainly when I was a candidate in Manchester many years ago, there was a small Special Branch that dealt with the IRA, but there were not the cross-cutting collaborative units that we now see across the north of England—drugs units, organised crime units and counterterrorism units, which are now part of the network in which our police forces co-operate with each other. My perspective on policing is a West Yorkshire one, but the Yorkshire Post, the Bradford Telegraph & Argus and the local radio stations do not simply focus on local crime, partly because local and national issues, such as parades by the English Defence League and drugs heists in which the drugs have just been imported from some other country, are very much part of the local scene. Therefore I think that the widespread fears suggested by the noble Baroness may be exaggerated.
Clause 80 sets out the strategic policing requirement, which is an update of the Police Act 1996, as noble Lords have said. That strategic policing requirement is now being extensively consulted on by the Secretary of State, ACPO, the Association of Police Authorities, the Metropolitan Police service and others. Clearly that is going to be a major part—
Lord Harris of Haringey
My Lords, while I am fascinated to hear that this consultation is taking place, on the last occasion on which I saw representatives of the Association of Chief Police Officers—I believe it was last week—they had not yet seen a draft of this document, so I am slightly bemused by that. Parliament has to see it. We cannot understand what the balance is going to be between the local and the national unless we can see that document, even in draft state, and understand it.
Lord Wallace of Saltaire
My Lords, Clause 80 sets out in some detail the principles of the strategic policing requirement. It is there in the Bill. There is a question of how much detail we want to write in to the Bill, but Clause 80 sets out the fundamentals of that requirement. Clause 96 adds to that the backstop power for the Secretary of State to intervene if, in her opinion, local police forces are not paying sufficient attention to the strategic policing requirement.
I add that “have regard to” is not, as has been suggested, a weak statement. It is a commonly used phrase for a strong and appropriate duty, which places an obligation on the chief officer and the PCC to comply with the strategic policing requirement. In policing terms, the duty to have regard has previously applied, for example, to codes of practice that have been used to implement a national intelligence model across all 43 police forces in England and Wales, to codify the use of police firearms and to ensure compliance with the IPCC statutory guidance on handling police complaints, which suggests that this is a widely used and strong duty.
Lord Harris of Haringey
The Minister says that this is intended to be a strong requirement. Clause 80, which he referred to, says,
“must, from time to time, issue a document”.
What I am trying to clarify is: how can we see what the impact of that strong requirement is unless we know what the Government's intentions are for the document's contents? That is not asking to have the wording of the strategic policing requirement written into the Bill. The Bill already says that there will be such a document, but none of us have seen one. The Minister has talked about consultations but as far as I am aware—I wait to be corrected—last week no full-touch document had been circulated for comments, despite the expectations set out in here.
Lord Wallace of Saltaire
I promise to get back to the noble Lord as soon as possible with an update of where we now are on that. I stress that it is normal practice to pass legislation without all the details of the regulations being tied up before that Act is passed, because ongoing negotiations about how the regulations will be carried through are often under way. I am assured that negotiations and consultations on the strategic policing requirement are well under way.
Lord Harris of Haringey
The Minister talks about regulations but I did not actually think that the strategic policing requirement was going to be put in regulations. I thought it was simply going to be a document. There have been plenty of occasions when the document has been so pivotal that Parliament has been advised of what the content of regulations will be. Draft regulations have been circulated so that people can understand what their scope is. As I understand it, this is regarded as one of the central planks in determining what is local and what is national. I believe that Parliament should therefore see this document in draft form before we can move forward.
Lord Wallace of Saltaire
I promise to get back to the noble Lord with a situation report, certainly by the time we come to Third Reading. On Clause 96, I am also informed that the backstop power available to the Secretary of State to intervene where forces are not having sufficient regard to national priorities has never been used. It is there as a backstop power but police forces, chief constables and police authorities have necessarily recognised that there is a thread between neighbourhood policing and local, regional and national priorities. The neighbourhood police groups which I have been out with in Leeds and Bradford are also looking at potentially vulnerable individuals, at people who may be radicalised and at areas where drugs are being dealt or supplied. That feeds into a national intelligence chain and is part of what we all understand as policing.
The noble Baroness, Lady Hamwee, stressed the importance of criminal activities which, in some cases, do not respect boundaries. She also talked about the invisible crimes of domestic violence, vulnerable adults, child neglect and aggravated crimes against minorities. Again, I have sat in on MAPPA groups—multi-agency areas—where police are working with other local social services and non-governmental organisations, precisely to look at those invisible crimes. Part of the way in which attention is drawn to these crimes is by local voluntary organisations working with police and other agencies at the local level. In the nature of these cases, much domestic violence and child neglect is essentially local. Those elements which are not local—child trafficking, sexual abuse, online sexual exploitation—are dealt with now increasingly by the Child Exploitation and Online Protection Centre and other forms of collaboration between local police forces and national agencies, which indeed will feed into the national crime agency when that is developed. Again, in this case there is not a tension but a thread between local violence, local disorder, local abuse, and those more limited elements in which children are trafficked or abused and the internet is used for these purposes. I can assure the noble Baroness that this does not need to be written again into the Bill. Having said that, I hope that I have given sufficient assurance to those who tabled these amendments to enable them not to press them.
Baroness Hamwee
My Lords, before the noble Lord sits down and with the leave of the House, I say that the thrust of the arguments is one which I made at the last stage. The amendments themselves are about mechanisms. Can my noble friend on the Front Bench help the House as to whether it is necessary to spell out these mechanisms? It seems that noble Lords opposite are seeking mechanisms to assist the Secretary of State—but does the Secretary of State actually need to have the legislative powers? As I read these, I would have thought that it was possible for her to take steps, certainly in one of these amendments, and to have considerable influence to ensure that the inspectorate undertakes the others. To that extent, these amendments are not necessary. However, the noble Lord has addressed the arguments rather than the amendments, and if I may say so, so have the noble Lords pressing the amendments. I hope my noble friend may be able to help the House on that.
Lord Wallace of Saltaire
There was a tension also about how much detail one writes into the Bill. We spent some time on these amendments with people wanting reassurance that there should be much more detail in the Bill than is required of them.
Lord Hunt of Kings Heath
With the greatest respect to noble Lords, a requirement for HMIC to publish a report annually is not a target; it is simply information to Parliament. Surely the Minister is prepared to consider that. As I have said, it is a very short time until Third Reading, but will he take this back without commitment and consider whether some reassurance might be made to Parliament on this?
Lord Wallace of Saltaire
In the next group of amendments we will move on to HMIC, and it is part of the requirement for HMIC that it will publish reports for the public, so HMIC will be publishing regular reports. The question of whether it should have to publish reports on a regular basis for Parliament is an additional thing of which I am not persuaded. I will certainly consult further but I am not currently persuaded that that is a necessary addition. Many years ago I took part in a debate which required the Government to report to Parliament twice a year on developments in the European Union so that there could be a six-monthly debate. Those reports have continued to be published and somewhere in my attic I have a number of them. I am a little doubtful about additional reports.
Lord Hunt of Kings Heath
Surely the Minister will know from the debate that we have had on the European Bill that many noble Lords in this House talk of little else.
Lord Harris of Haringey
Before Minister comes back on this, I say that this is not just about whether or not this is a document published for Parliament; it is about ensuring that there is a focus on the strategic policing requirement. That is something which the Government have not yet conceded. While I am on my feet, and to prevent me getting up again, can he tell us what he actually means by a situation report? Does that mean that when we get to Third Reading which, as far as I am aware, is still only a few days away, we will have in front of us some idea as to what this document will look like?
Lord Wallace of Saltaire
My Lords, I had not promised to give the detail of the strategic policing requirement, which is currently under negotiation. I am happy to give noble Lords a situation report on where negotiations stand regarding the definition of the strategic policing requirement. That is the most that I can do.
Baroness Henig
My Lords, I have listened closely to everything that has been said. I thank noble Lords who have participated in this debate. I have listened very carefully to the Minister. I agree that under the present system there is a recognised way of reconciling local and national police authorities; I do not think that is in doubt. The problem is that we are embarking on a completely new structure of police governance. Everything that we are used to is being changed, and not incrementally but quite radically. I think that we all accept that. My amendment seeks to reassure the public, given that we are faced with this completely new and untried system. We owe it to the public to reassure them that under the new system cross-border crime, serious criminal issues and national crime will be tackled by local forces.
We have heard a lot about commissioners. I am sure that good commissioners will act as the Minister thinks they will; it is the not-so-good commissioners and the areas where local people may be let down which are the problem. I do not see that this measure is such a lot to ask for when reports are prepared in many areas of our national life. Why cannot they be prepared by the inspectorate in this area? I do not understand why this is such a novel suggestion. I keep being pushed to press amendments to a Division, but I really would like to test the opinion of the House on this matter.
The Deputy Speaker (Lord Geddes)
Amendment 235A is in the name of Baroness Henig.
Baroness Anelay of St Johns
My Lords, I nearly transgressed by being on my feet when the Deputy Speaker was on his feet, which would have been an heinous crime at any time, but particularly at 10.23 pm.
As promised earlier this evening, there have been discussions in the usual channels, which reached mutual agreement with regard to the progress of business. Clearly it is important that the House is able to scrutinise legislation effectively: we all want to work towards that end. On the other hand, the House also tries to work in the most efficient manner to deliver government business in a better state than it receives it. Even the late Division that we have just had clearly was intended to produce that end—and although the noble Baroness, Lady Henig, may not have got the result she wanted, I know that she was testing the opinion of the House from the right motives.
It has been agreed through the usual channels that we will conclude business tonight at approximately 11 am.
Baroness Anelay of St Johns
Well, there you are—that is what I really want to do. One minute’s break between today and tomorrow would give us enough time for Prayers. My Lords, in fact it will be 11 pm. We would like to make further progress on an amendment or two and conclude as close to 11 pm as possible. The agreement is that tomorrow morning after Questions we will start on the Report stage of the police Bill. We will continue until we have concluded Report and then go back to consideration of the published business, which is the Committee stage of the Localism Bill.
This has an implication for consideration of matters at Third Reading. The Minister has already made it clear that she is prepared to consider matters at Third Reading and I know that the noble Lord, Lord Hunt of Kings Heath, has already signalled that he has at least one serious matter that he wishes to consider. It is therefore important that we maintain our normal tradition of having the usual intervals between stages. That can be achieved by the Government rearranging their business next week so that the Third Reading of this Bill will be taken on Wednesday instead of Tuesday—so we have the usual intervals—then after the Third Reading of this Bill on Wednesday we would continue in Committee on the Localism Bill.
I know that the usual channels will continue to have discussions tomorrow afternoon, when we are able to see the progress of business, to work for the best of the House.
Lord Bassam of Brighton
Briefly, I thank the noble Baroness, Lady Anelay, for the way that she has approached this and for her gracious manner in putting something before the House which I am sure the whole House will feel able to support.
The Deputy Speaker
My Lords, I am much relieved that I was interrupted, because Amendment 235A is in the name of Baroness Hamwee.
Amendment 236 is grouped with Amendment 235, on which we have just had a Division.
Lord Hunt of Kings Heath
With the greatest respect, it was pointed out earlier that there is a misprint in the grouping list. My noble friend made it clear that there is a group starting Amendments 236, 237 and 238.
The Deputy Speaker
I beg your Lordships’ pardon. That information had not reached me.
Clause 85 : Functions of HMIC
Amendment 236
Baroness Henig
“(2A) The inspectors of constabulary may carry out an inspection of, and report to the Secretary of State on, the performance by a police and crime commissioner or a police and crime panel of its functions or of any particular function or functions.”
Baroness Henig
I rise to speak to three amendments, which, taken together, seek to preserve the checks and balances and independent assessment of performance within the current system that the Government have drawn on so heavily in creating their case for change; namely, the excellent work of Her Majesty’s Inspectorate of Constabulary.
Right at the beginning of our work on the Bill, the Government told us that HMIC unearthed the evidence for the failings of the present system, which necessitated the abolition of police authorities as quickly as possible. Indeed, in the absence of an analysis of the results of the Home Office’s public consultation on their reform proposals and the rather limited utility of a Cabinet Office report now five or six years old, the findings of HMIC’s inspections of 22 police authorities could be charitably described as the nearest thing the Government have for an evidence base on which they can build the case for change—at least as far as the suggested evidence for the weaknesses of the old system goes.
When it comes to this clause of the Bill, it very much surprised me—and may well surprise many of your Lordships—that, far from the excellent work of Her Majesty’s inspectorate being valued and taken forward into the new era of elected accountability, it has been relegated to the sidelines. In fact, the inspectorate is no longer going to be called upon to inspect the whole range of policing accountability but is going to be focused on forces.
I find this a little odd. We are told that commissioners and their panels are the necessary drivers of change, the fulcrums on which the hopes of reforms are going to be founded. They are going to have the role in driving efficiency at local level, not the Home Office from the centre any more. Yet these crucial new transformative individuals and bodies are not to be subject to the same level of inspection in the public interest as police authorities. I find this quite strange. Surely it cannot be right to limit the scope of inspectors who could provide valuable, impartial and expert information to the public on complex areas of policing and police finance, including the efficiency of those overseeing that finance. Budgets are going to be tight in the next few years and the new system is going to be very costly. I find it hard to believe in the new system, which many of us think will increase costs. These costs will add up and may very well eat into the policing budget. It is therefore not unreasonable that inspections should be able to oversee how those costs are running and whether things are operating reasonably.
Baroness Harris of Richmond
My Lords, I have put my name to Amendments 236, 237 and 238 which were tabled by the noble Baroness, Lady Henig. We are being asked to support nothing less than a revolution in policing governance in the absence of any evidence base on which the benefits of such drastic changes are set and in the absence of any public clamour for costly reform—indeed, the opposite. We are being told that these changes will not be piloted or introduced in stages since reform is urgent and cannot possibly wait. I beg to differ on all those counts.
However, if we are to press ahead with such an untried system, I am absolutely determined that we should do our duty to ensure that all means possible are employed to insert safeguards into the Bill. HMIC inspections seem to me to be a bedrock of any such safeguards against potential pitfalls and I share the high regard in which Sir Denis O’Connor, Her Majesty’s Chief Inspector of Constabulary, is held, together with his extremely able team.
In short, HMIC inspections are at times a difficult and challenging process for those undergoing them and they have repeatedly yielded the improvement across policing, which is at the heart of HMIC’s mission. So I am left, frankly, bemused when the Government propose not to expand but to constrict the use of this valuable tool for improvement. It makes no sense at all effectively to exclude these completely new systems of oversight from an inspection regime when that regime has already helped the current system to improve.
Next, I shall draw out the intention of Amendment 238, which removes the proposed new obligation on the local policing body to reimburse HMIC for the costs of its inspection. We have heard what the noble Baroness, Lady Henig, thinks of that. We have sought to replace this with a statement that the panel may request that HMIC conducts an inspection if its concerns warrant such an intervention. I am unaware of any other inspection regime in which those delivering a public service, or who invite in or are made the subject of an inspection in the interests of public trust and confidence in their work, are expected directly to cover the costs of their inspection. Surely, in some cases an inspection will be called amidst quite serious financial issues or challenges. This idea that those opening themselves up to scrutiny in the public interest must pay for the cost of such transparency seems decidedly odd to me, even bearing in mind the parlous state of Home Office finances at the present time.
It also seems to me to be the most bizarre disincentive to those on the panel or on the commissioner’s staff who are considering whistleblowing on what might be significant issues of public interest or concern. A whistleblower or concerned panel member or local policing body member would have to gain pre-emptive approval for the costs of a possible investigation from someone who might be implicated in the very dubious activity that necessitates the inspection.
This parcelling of costs on to the petitioner for an inspection feels wrong to me on a very instinctive, but also on a very practical, level. Surely the Home Office should be seeing fit that the costs of HMIC’s absolutely essential work should be met by a Home Office grant. It would seem to be neglect approaching a dereliction of the Government’s duty to do otherwise. We have proposed that this apparently ill suited new subsection (2BB) should be replaced by a positive power for the panel that it should be able at any time to request that HMIC carry out an inspection of the PCC.
No one will be more aware of the PCC’s action or inaction in some areas than the police and crime panel since it is designed as her or his safeguard and strict check and balance. However, while the panel will be equipped to oversee the PCC in most areas, it may feel that there are issues on which it lacks a professional operational judgment on a matter of controversy. In such circumstances, it may not be appropriate to pull the chief constable into what could amount to a difference of opinion with the PCC. Who then can the panel turn to for that necessary professional advice and impartial opinion?
Finally, there should be a direct and clear ability, and a responsibility on the panel, to be able to involve HMIC appropriately. HMIC could, of course, take a view that it was being asked to get involved in a petty or irrelevant matter and could decline the invitation. However, we anticipate that this referral mechanism to HMIC will provide a helpful bridge to practical improvement for many forces facing difficulty in the future, as it so often has in the past.
Lord Hunt of Kings Heath
My Lords, all I would like to say on the amendment is that we have discussed in previous debates the inconsistency between different parts of government in relation to inspection. I must declare my interest again as chair of an NHS foundation trust and as a consultant trainer in the NHS. NHS foundation trusts, which the Government support, were meant to be given much more freedom than other NHS bodies but they are still subject to the tender mercies of a regulator called Monitor. For the life of me, I cannot see why the Government have taken such a light-rein approach to the construct in the Bill when we have such an excellent inspectorate in the form of HMIC. These amendments seem wholly constructive. By the grace of the usual channels, we have been given a little extra time—a day—to consider these matters. Is this not a matter which the Government might take back and consider?
Baroness Hamwee
My Lords, with regard to fees, I do not know whether my noble friend is in a position to give any comparables, but I think that local authorities have to pay—or have had to pay—for Audit Commission inspections and that it is the Audit Commission that has set the rates. There must be comparables. Maybe there are comparables which go either way; I do not know.
Lord Wallace of Saltaire
My Lords, we recognise we are proposing a different model for policing accountability from the previous model. I feel with a number of the arguments which the noble Baronesses, Lady Henig and Lady Harris, have made that they feel the current system is superb and any different system will be untested, untried, difficult and probably worse. Therefore, as the noble Baroness, Lady Harris of Richmond, said, we must insert safeguards; I think this would insert belt, braces and string as well.
The intention behind Clause 85—and the role of HMIC—is that HMIC should be there to inspect the professional forces. That is its job. That is what it does extremely well. In terms of funding, regular inspections will be paid for, as now, by the Home Office. The subsection which relates to police and crime panels being able to request additional inspections of part of the functions of those forces is precisely to give them added flexibility to request such inspections when needed. Therefore, it does not seem unreasonable to say, as this clause says, that,
“such reasonable costs incurred or to be incurred in connection with the inspection”,
should be reimbursed by the PCP.
In terms of who inspects the PCC, the whole relationship between the police and crime panel and the police and crime commissioner is intended to be that the checks and balances are provided by the police and crime panel. The regular check on the police and crime commissioner is provided by the police and crime panel. That is the process which we are trying to build into the new model. To muddy the role of HMIC by inspecting police and crime commissioners and police and crime panels does not seem appropriate to the model we propose. The model we are introducing through the Bill is that HMIC should continue to focus on the professional police forces and to report to the public as well as the Secretary of State on that. Police and crime commissioners will be held to account, under scrutiny, on a regular basis by police and crime panels. Police and crime panels are part of the structure of local government and local authorities and, I am sure, will continue to be held to account by their fellow councillors, particularly if they vote through precepts which rise rapidly year by year. On that basis, I hope that I have provided some reassurance to the noble Baroness, Lady Henig, although I am sure that she is completely unpersuaded that any new system can possibly be as good as that which we currently have. Nevertheless, I hope that I have persuaded her to withdraw her amendment.
Baroness Henig
I thank the Minister for that response. However, I do not think that he fully understood what I was arguing. I was not arguing that everything is wonderful in the present system; in fact, until recently, police authorities were not inspected. It is only quite recently that they became inspected, which had a tremendously focusing impact. Police authorities operated much more effectively once they were inspected, which has taken place only in the past two or three years if my memory serves me correctly. If elected councillors sitting on a police authority can be inspected, I do not understand why commissioners who have been directly elected cannot be. I do not understand the difference: they are both elected, albeit perhaps in different ways.
One reason why I have perhaps less confidence in the panels than the Minister is that I have yet to believe—and we are now on Report—that they will have any power. We keep talking about checks and balances. The panels have some rather pathetic veto powers requiring a two-thirds majority vote, but their input is not that great. I do not have much confidence that they will have any great impact on the way in which a commissioner operates.
My standpoint, funnily enough, has nothing to do with police authorities working well or not; my standpoint is the public. The whole point of the system is to serve the public. One of the strengths of policing in this country is local accountability to local people. It is local people that I am thinking of. They should have the reassurance on some sort of regular basis that commissioners are operating effectively—I do not see that there is anything wrong with that. I find it difficult to accept the repeated suggestion that I am asking for all sorts of radical and extreme things, when it seems that very sensible and basic issues are being raised. All I am suggesting is that it would be sensible for commissioners to be inspected, because it would give the public reassurance.
I am sorry that the Minister finds that so difficult to understand, because it seems to me to be very straightforward. However, in view of the lateness of the hour and because I do not want to test the patience of the House any further, I beg leave to withdraw the amendment.
Baroness Browning
“( ) In subsection (1), after “section 5” insert “, with subsection (1A),”.
( ) After subsection (1) insert—
“(1A) In exercising functions under subsection (1), apart from devolved Welsh functions (as defined by section 5(8)), each of the responsible authorities for a local government area must have regard to the police and crime objectives set out in the police and crime plan for the police area which comprises or includes that local government area.”.”
Lord Ramsbotham
“Status of British Transport Police Force
(1) After section 1(2)(c) of the Police Act 1996 insert—
“(d) the area over which the British Transport Police Force has jurisdiction.” (2) In section 30 of that Act insert—
“(2A) A member of the British Transport Police Force shall have all the powers and privileges of a constable throughout England and Wales and Scotland and the adjacent United Kingdom waters.”
(3) In section 101 of that Act, in the definition of “chief officer of police” insert—
“(d) in relation to the British Transport Police Force, the Chief Constable of that Force;”.(4) In section 1(2) of the Police (Property) Act 1997, in inserted section (2B) insert—
“(d) the British Transport Police Authority.”(5) Omit section 100 of the Anti-terrorism, Crime and Security Act 2001.”
Lord Ramsbotham
My Lords, I shall speak also to Amendments 243, 271, 272, 304, 305 and 306. Since all the amendments are to do with the British Transport Police and the British Transport Police Authority, they have been deliberately grouped together rather than with specific clauses. They aim, as I said at Second Reading, to,
“strengthen the Bill by increasing co-operation between the authority and other police forces, particularly in counterterrorism and in the run-up to the Olympics”.—[Official Report, 27/4/11; col. 173.]
I shall first outline the context in which the amendments have been tabled and apologise to the House for being unable to be here when they were debated in Committee. Again, as I said at Second Reading, I am an unashamed proponent of two-tier policing in this country, with a national police service complemented by a number of local and specialist forces. Bearing in mind that the last royal commission on policing was in 1962 and much has happened since then which suggests the need for reform of the policing as extant at that time, I was very disappointed to find that although called the police reform Bill, there is very little in it about reform, except about the governance of policing, which is not the same thing.
However, these amendments are about long-needed reform; they are an attempt to complete business that was begun as long ago as October 2001, when the then Government issued a consultation document entitled Modernising the British Transport Police, which included detailed proposals to bring it in line with Home Office police forces in terms of accountability, status and powers. It proposed, first, placing the jurisdiction of British Transport Police constables over the railways on a statutory basis; that was partly addressed in the Railways and Transport Safety Act 2003, which gave them the powers and privileges of a Home Office constable, not only over all railway property, but throughout Great Britain in relation to railway matters. It secondly proposed giving British Transport Police constables jurisdiction outside the railways in certain circumstances. This, again, was partly addressed in the Anti-terrorism, Crime and Security Act 2001, emergency legislation that followed 9/11 and other terrorist attacks.
However, although welcoming these changes, the Transport Police and its authority regarded them as only partial introduction of what had been proposed. Therefore, they tried to use the opportunity presented by the August 2008 consultation that preceded the Policing and Crime Act 2009 to address the identified anomalies once and for all. They submitted a formal request for a number of legislative changes that addressed the issues of police powers and jurisdiction to which, reprehensibly, they received no formal feedback from the Home Office. Instead, there was no consultation and they were surprised to find that Schedule 7 of the Act stated that:
“Where a member of the British Transport Police Force is for the time being under the direction and control of the chief officer of another police force by virtue of a police force collaboration agreement … the member shall have all the powers and privileges of a member of that other force”.
Furthermore, no attempt was made to address an added complication to co-operation that they had raised, namely that the powers of jurisdiction of police officers from Home Office forces were not extended to match those of a British Transport Police officer, which include the ability to police in England, Wales and across the border in Scotland.
Charitably, the British Transport Police assumed that these continued inequities were not intended, but resulted from a lack of knowledge about the anomalies that resulted from gaps in existing legislation. Therefore, they continued to look for opportunities to obtain parity of police-officer powers regardless of employing force, the next opportunity coming in September 2010 with the coalition Government’s consultation before the Bill, entitled Policing in the 21st Century; Reconnecting Police and the People.
The Bill envisages annual police plans, covering areas of the country yet to be determined, drawn up by elected police and crime commissioners. Assuming that, in logic, this must include all police forces, the Transport Police, in its response to the consultation, pointed out that, as the specialist national force for the railways, cross-border working was part of its day-to-day business. It welcomed the fact that, in drawing up their plans, PCCs would have to look beyond their own force borders,
“under a strong duty to collaborate, in the interests of value for money and to tackle cross border, national and international crimes”.
The British Transport Police also said that it was keen to ensure that the different governance structures between it and its authority and their Home Office colleagues and their authorities did not create difficulties in the excellent communications and partnership working that currently existed between them. There must be, for example, adequate provision for communications between the authorities and committees of the Transport Police, the Civil and Nuclear Constabulary, the MoD Police and police and crime commissioners, if they subsume the role currently filled by the Association of Police Authorities.
I mention this not to criticise the Bill so much as to suggest that these amendments to do with the British Transport Police ought to be government amendments. Identified anomalies that inhibit national and local policing have existed for far too long and have been drawn to the attention of both the Home Office and the Department for Transport over a number of years. Amendments 242, 271 and 272 are designed to rectify the status anomaly; Amendment 243 is designed to provide the opportunity for the Transport Police to protect the travelling public by taking preventive action against possible sex offenders.
The noble Lord, Lord Faulkner, will speak to Amendments 271, 272 and 304 to 306, covering licensing and firearms. All are designed to save money and better protect the public.
I appeal to the Minister to accept the opportunity created by the Police Reform and Social Responsibility Bill to complete this unfinished business. I know that both she and the Transport Police and its authority have been in contact with the Department for Transport and I look forward to hearing what may have been agreed between them. I accept that she will be unable to promise more than that the issues I have raised will now be tackled positively and not allowed to drag on as they have over the past 10 years. In that anticipation, I beg to move.
Lord Faulkner of Worcester
My Lords, I speak in favour of the seven amendments. I start by expressing my appreciation to the Minister for the constructive approach she has adopted in conversations with both the noble Lord, Lord Ramsbotham, and me about the role, powers and jurisdictions of the BTP. I know that she has written to the Transport Minister about these amendments and I hope that when she answers the debate she will be able to say that the Government at least accept the spirit of them, if not accept them tonight.
I know from what the Minister said in Committee that she is particularly concerned about licensing issues and the difficulties that the BTP and the travelling public face with anti-social behaviour on the railway fuelled by excessive drinking. I shall come to the amendments which deal with that issue in a moment.
I would like to add a word to what the noble Lord, Lord Ramsbotham, said about jurisdiction. This is covered in Amendment 242. The British Transport Police Authority has sent me a copy of a letter which was sent on 7 July from the chief constable of the force, Andrew Trotter, to the Minister of State for Transport, Theresa Villiers. In a paragraph headed “Jurisdiction”, he says:
“The current legislative anomalies mean that there are a number of caveats applied to the powers of BTP officers, these are provided not through our own Railways and Transport Safety Act 2003, but the Anti-terrorism Crime and Security Act 2001 (section 100(2) and (3)) which pre-dated it. The amendment laid before the House of Lords seeks to remove the ambiguity the current legislation creates through these caveats. If the amendment is approved, in the eyes of the public and the rail industry, it will have no obvious impact on day-to-day policing of the railways and I can assure you it will have no impact on costs or other resource implications. It will however put BTP officers on the same footing as their Home Office colleagues when not physically on rail property or carrying out duties related to the railways, i.e. they will be warranted officers not civilians”.
Amendments 271 and 272 deal with the Firearms Act. I read in the latest issue of Railnews, which is the monthly newspaper for rail industry staff, that the Government have approved the creation of an armed response unit for the BTP. That paper states:
“Transport secretary Philip Hammond said the Home Office go-ahead was not in response to any specific threat but would reduce the burden on other police forces which provide armed support to the BTP”.
That is all well and good and it is what the BTP chief constable asked for, but it appears that BTP officers, once selected and through the selection process, will have to apply individually for firearms certificates. This seems ludicrous and flies in the face of the Home Secretary’s determination to reduce bureaucracy in the police service—a point made by the chief constable in his letter to Theresa Villiers. The cost in direct financial terms and in opportunity costs to the BTP and Home Office forces to process more than 100 applications is completely avoidable simply by giving the BTP the same powers as those expressly quoted in the Act for the Civil Nuclear Constabulary and the Serious Organised Crime Agency. It also creates a delay in trained officers being fully operational. Our amendments avoid that and I hope the Minister will feel able to accept them too.
Lord Berkeley
I support all these amendments, too. I will not repeat what the noble Lord, Lord Ramsbotham, and my noble friend Lord Faulkner have said because I fully support all their contributions, but it is worth pointing out that the BTP is pretty unique as a very specialist police force. I think the statistics are that half of its officers tend to operate in London, both on the Underground and on the main line, and the rest are split between the main line elsewhere in the country and Network Rail.
When it comes to dealing with incidents—whether it is some of the bad behaviour that my noble friend Lord Faulkner was mentioning or cable theft on the railway, which is a very serious issue and delays many trains—the BTP’s specialist knowledge in working safely on the lines, where there are sometimes high-speed trains and which sometimes can be electrified, is probably unique. When one has been delayed on the railways and has seen the difference in response professionalism between the local force that probably has not had much experience of this and the BTP, it brings into focus how important it is that the BTP’s expertise is maintained and enhanced.
It is absolutely essential that the ideas behind these amendments—that the BTP is put on the same footing as Home Office forces—are accepted. I hope the noble Baroness will accept the principle, but I wonder whether there is a problem because the BTP is the responsibility of the Department for Transport and other forces are the responsibility of the Home Office. I sometimes detect a kind of tension between the two, which the two previous noble Lords have also alluded to. I hope that these amendments will help to improve relationships and—something I see as being thoroughly important—enable BTP officers to move around, not just on the railways but in adjacent areas where they need to do their work without the constraint of having to apply to go into another force’s territory.
I look forward to hearing what the noble Baroness will say in response and I thoroughly support these amendments.
Lord Stevenson of Balmacara
My Lords, I shall make only three brief points. Like the others who have spoken, I should like to hear what the Minister will say in response to the case that has been put forward. When I spoke to these amendments in Committee, I am afraid I got into the history of the BTP but I will not repeat that. Noble Lords will know that my concern for and interest in the branch is real.
The noble Lord, Lord Ramsbotham, gave us an interesting history and pointed out some of the difficulties that the BTP has faced in trying to make its case to the Government. Those are very powerful and persuasive points. The additional comments from my noble friends Lord Faulkner and Lord Berkeley have made a pretty irresistible case. It is time to look at how the geographic forces interrelate with the BTP and vice versa. The safety of the travelling public and the interests of all concerned would benefit from that. I am concerned that it is perhaps more complex than has been said in the past few minutes. Therefore, we shall need to look at that sometime. However, I hope the Minister will reassure us that she will not leave it to ordinary processes and that, on this occasion, she will tackle what is required positively to give us some hope that the situation will not be allowed to drag on, and so that we get some resolution to these points.
Baroness Browning
My Lords, I am very grateful to all noble Lords who have contributed to the debate. I shall start by speaking to Amendments 242, 243, 271 and 272. In Committee I was grateful for noble Lords’ comments about the importance of integrated policing between the British Transport Police and the geographic police forces. This is why my honourable friend the Minister of State for Transport and I fully agree that these changes merit closer examination. I can assure noble Lords that, in taking this matter forward between us, there is certainly no tension between the two Ministers involved. I hope we shall meet fairly soon to set out and discuss what is behind these amendments and how we might take that forward in a practical way. I pledge to take a personal interest in the progress of this.
The proposed amendments cover a range of detailed and technical changes. These would significantly affect the status, jurisdiction and powers of the British Transport Police. It is therefore essential that the intentions of the amendments proposed are fully understood and that the consequences of the changes, for both the British Transport Police and wider policing, are closely examined. In particular, we need to ensure that the seemingly simple and straightforward legislative changes sought do not bring with them any unintended consequences. For example, Amendment 242 would change Section 1 of the Police Act 1996 to make,
“the area over which the British Transport Police Force has jurisdiction”,
into a police area for the purposes of the Act. The effect of this would be that references to police areas in any other legislation would apply to the police area of the British Transport Police, as defined in the amendment. A quick search has shown that there are 370 occurrences of the phrase “police area” in primary legislation. The impact of extending them all to the British Transport Police would be wide-ranging.
I have some detailed illustrations of what that would mean, including matters to do with the Children Act 2004, local safeguarding children boards and the Police (Property) Act. However, given the lateness of the hour, I hope noble Lords will understand that very careful and detailed consideration is needed before putting this into primary legislation. However, I am in touch with colleagues in the Department for Transport, with a view to exploring solutions to this to provide the necessary powers and jurisdiction that the British Transport Police seeks and which will enable it to deliver policing of the railways as efficiently and effectively as possible and without unintended consequences. I have discussed this with colleagues in the Department for Transport, and this examination and seeking to find the right way in which to put this into primary legislation will be an ongoing exercise for us. I assure noble Lords that, when appropriate changes are identified, my department will be prepared to consider making the necessary changes within suitable primary legislation. Although I cannot commit to putting the provision at this very late stage into the tail-end of this legislation, we will, as these proposals come forward and are validated, look to put them into primary legislation in future Bills. I understand that there is quite a bit of Home Office legislation coming up the track, if noble Lords will forgive the pun, and I would hope that there would be opportunities.
I thank the noble Lords, Lord Ramsbotham and Lord Faulkner of Worcester, for their amendments and I thank noble Lords for the support that has been given to them around the House. However, on the basis of what I have said, I ask them not to press their amendments.
I turn to Amendments 304 to 306, which address licensing. These amendments seek to put the British Transport Police on a par with the 43 territorial police forces in England and Wales for the purposes of alcohol licensing. I can see why that might seem a reasonable proposition at first glance. However, I am not able to accept the amendments, as I explained in some detail in Committee last month. However, I shall briefly reiterate the reasons.
Amendment 304 would make the British Transport Police a responsible authority under the Licensing Act 2003, which requires licensing authorities automatically to notify responsible authorities about licence reviews. Licence applicants, who will be local businesses or individuals, must also send copies to their local responsible authorities. In this Bill, we are increasing the list of responsible authorities to include health bodies and licensing authorities in their own right. We do not think it would be helpful to extend the list further to include the British Transport Police. Licensing is administered by local authorities, which make licensing decisions that reflect the needs of the local area. For this reason, the chief officer of police for the geographic area is a responsible authority under the Act. Likewise, other responsible authorities have as their focus the geographic area in which the premises are situated.
The British Transport Police is a broadly non-geographic force, with a specific, non-regional jurisdiction. It covers the transport network as a whole and so will not be relevant to some licensing authority areas. We do not think it would always be obvious in a given local area to which part of the British Transport Police licensing applicants should send their licensing forms. On top of that, the Government are unwilling to add to the burden on businesses by adding responsible authorities unnecessarily.
Of course, the British Transport Police has expert knowledge on alcohol-related late-night crime and disorder around transport hubs and on the transport network. We expect the British Transport Police to have effective lines of communication with the geographic constabularies and that it will continue to use them in future to raise any issues it has relating to alcohol licensing. In addition, I point out that because under this Bill we are removing the test of vicinity from the Licensing Act 2003, it will in future be open for anyone, including members of the British Transport Police, to make representations to the licensing authority in their own right. Applications for new licences do get advertised, and we are taking steps to require licensing authorities to publicise these online. I hope that would be of help to the British Transport Police. Making the British Transport Police a responsible authority would cause unnecessary bureaucracy for licensing applicants.
Amendment 305 seeks to make the British Transport Police a relevant person for the purposes of allowing it to object to temporary events notices. Residents’ organisations told us that, after crime, noise was their greatest concern in relation to temporary events. We are extending the right to object to the environmental health authority and allowing them and the police to object on the grounds of all four licensing objectives. We think that provides adequate protection for residents while again minimising unnecessary bureaucracy. I am confident that if the British Transport Police has concerns about temporary events, it can raise these in the course of their liaison with their local constabularies.
Lord Ramsbotham
My Lords, I thank the Minister for that very encouraging and positive response. I also thank her personally for the care that she has taken to meet with us and take on board the points that we have made and transfer them to the Department for Transport as well.
I think we are all encouraged, but I hope that the Minister will forgive me if I sound a note of caution, because promises have been made to the British Transport Police since 2001. I ask the Minister if we could now have from the Department for Transport and indeed the Home Office an action plan showing who is to do what and by when, which will be reported back to this House so that we can keep in touch with what is actually happening. We have been here before over the last 10 years and people have been frightened, I suspect, by the figures that she might have quoted to us and put the matter in the “too difficult” file. It is not a “too difficult” file; it is a file that must be actioned. Therefore, if I say that I am prepared to withdraw the amendments tonight but perhaps return to the subject on Third Reading briefly, I hope that at that stage the Minister might be able to assure this House that the action plan that I am calling for will be implemented so that these things really will happen rather than be allowed to wither on the vine.
Baroness Browning
I am very grateful to the noble Lord. I am sure that he is aware that Third Reading is next week—Tuesday or Wednesday, I believe. It was not my intention to have met with the Minister of State in the Department for Transport by then. However, I can assure him that I am planning to meet with her before the House returns in September. I think that she and I need to have an across-the-table discussion about the sort of thing that the noble Lord has mentioned. I am in favour of action plans and timelines. I quite like the concept of project management in this area. However, I do not want to talk it up too much, given that the noble Lord has told us that this has been on the table since 2001.
All I can say is that both my right honourable friend in the Department for Transport and I are minded to move this along as fast as we can. We will of course engage the British Transport Police itself in this negotiation. I am quite sure that it will relay to the noble Lord whether it feels we are making progress or not. However, as we make progress I will endeavour, on a very informal basis, to ensure that noble Lords who have expressed an interest in this are kept informed of the progress being made. I am quite sure that if we do not make that progress, the noble Lord will call me back to this Dispatch Box pretty rapidly.
Lord Ramsbotham
My Lords, I am very grateful for that. I do not know whether I have the right to say that but we of course have the opportunity, when the Bill goes back to the other place and comes back here, for progress to be made. It is terribly important, as the Minister has clearly realised, that we maintain the momentum rather than let this matter die. I beg leave to withdraw the amendment.
Baroness Browning
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