All 74 Parliamentary debates in the Commons on 16th Jul 2013

Tue 16th Jul 2013
Tue 16th Jul 2013
Tue 16th Jul 2013
Tue 16th Jul 2013
Fishing Quotas
Commons Chamber
(Adjournment Debate)
Tue 16th Jul 2013
Tue 16th Jul 2013

House of Commons

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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Tuesday 16 July 2013
The House met at half-past Eleven o’clock

Prayers

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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Prayers mark the daily opening of Parliament. The occassion is used by MPs to reserve seats in the Commons Chamber with 'prayer cards'. Prayers are not televised on the official feed.

This information is provided by Parallel Parliament and does not comprise part of the offical record

[Mr Speaker in the Chair]
Business before Questions
London Local Authorities and Transport for London (No.2) Bill [Lords]
Further consideration of Bill, as amended, opposed and deferred until Tuesday 3 September (Standing Order No. 20).
Hertfordshire County Council (Filming on Highways) Bill [Lords]
Second Reading opposed and deferred until Tuesday 3 September (Standing Order No. 20).

Oral Answers to Questions

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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The Secretary of State was asked—
Cathy Jamieson Portrait Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)
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1. If he will bring forward legislative proposals on standardised packaging of tobacco products.

Anna Soubry Portrait The Parliamentary Under-Secretary of State for Health (Anna Soubry)
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The Government’s policy remains unchanged. We are waiting to see how the legislation recently introduced in Australia pans out before deciding whether to follow.

Cathy Jamieson Portrait Cathy Jamieson
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Given some of the public health Minister’s previous pronouncements, some of us could be forgiven for thinking that the Government’s policy has changed. Will she advise the House, therefore, on who overruled her support for this policy? Was it the Prime Minister, the Health Secretary or Lynton Crosby?

Anna Soubry Portrait Anna Soubry
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Unfortunately, the hon. Lady has not listened to my last answer or, indeed, to my statement on Friday. The Government’s policy remains unchanged. We are waiting to see the evidence before making a decision. I take the very firm view that the best legislation is based on good evidence.

David Nuttall Portrait Mr David Nuttall (Bury North) (Con)
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Of course, there are those of us who believe it is up to the individual to take personal responsibility for their own health and who entirely support the Government’s decision not to have any extension of the nanny state. Does the Minister agree that, before we introduce any new laws on tobacco, we ought to enforce more strictly the existing laws on not selling cigarettes to children?

Anna Soubry Portrait Anna Soubry
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My hon. Friend makes a number of excellent points with which I agree, save for one: with great respect, standardised packaging would not be an extension of the nanny state, because it would not impinge on anybody’s freedom or right not only to buy cigarettes, but to smoke them. It is all about ensuring that the package is not attractive, especially to young people, who are at risk of taking up smoking.

Lord Austin of Dudley Portrait Ian Austin (Dudley North) (Lab)
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18. Earlier this year, I met young people from Dudley who set up the Kick Ash project campaigning for plain packaging. They showed me evidence from research that plain packaging would stop young people smoking in the first place, which is something every MP ought to be committed to trying to do. If the Government reject plain packaging, will those young people be right to conclude that the Government take the advice of big tobacco companies and their wealthy lobbyists more seriously than the views of young people in Dudley?

Anna Soubry Portrait Anna Soubry
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First, I pay tribute to Kick Ash. I am more than happy to meet those youngsters; they seem to be doing a very good job. Secondly, we are not in anybody’s pocket. I am sure the hon. Gentleman can say he is not in the pocket of any trade unions either. This is an important decision, but we have not made it yet; we are waiting to see how things develop in Australia, and as I say, good laws are based on good, sound evidence. That is the way forward.

John Pugh Portrait John Pugh (Southport) (LD)
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Is the high evidential threshold being set for the plain packaging proposals to be applied across Government legislation or only where lobbyists are involved?

Anna Soubry Portrait Anna Soubry
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I am rather disappointed at that question from my hon. Friend. I can assure him that the Government take all these issues very seriously. I am proud of our emerging record on public health, but as I say, we have yet to make a decision, because, quite properly, we want to see what happens in Australia, and of course we are also waiting to see what happens elsewhere, notably in Ireland, where the Irish Government intend to introduce this policy. It might or might not be successful.

Diane Abbott Portrait Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)
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The Minister says, quite correctly, that the best legislation is based on evidence, but should it not also be untainted by the activities of lobbyists? She will be aware that Department of Health officials met Philip Morris Ltd at the end of January this year, but although minutes of meetings with other tobacco companies that occurred at the same time have been released, the Department insists that the minutes of the meeting with Philip Morris have yet to be finalised. Is it not the truth that the Government are trying to cover their tracks over their relationship with Lynton Crosby and his clients and that when it comes to the decision effectively to drop plain packaging for this Parliament, all roads lead back to No. 10 and Lynton Crosby?

Anna Soubry Portrait Anna Soubry
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I have just seen a piece of straw flying over, which the hon. Lady attempts to clutch at. [Interruption.] “Clutching at straws”—it is a bit lost on the Opposition, but that is more a sign of their difficulties than ours. The minutes of the meeting with that tobacco company have been published this morning. The reason for the delay—I very much hope the hon. Lady is not suggesting for one moment that my officials have been in any way dishonest—is because unfortunately the tobacco company did not agree the minutes, and there was some to-ing and fro-ing. I really wish she would not subscribe to conspiracy theories where they do not exist.

Stephen Timms Portrait Stephen Timms (East Ham) (Lab)
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2. What recent assessment he has made of the effects on NHS services of changes in local authority spending on adult social care.

Dan Poulter Portrait The Parliamentary Under-Secretary of State for Health (Dr Daniel Poulter)
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Data on delayed transfer of care suggest that the interface between health and social care has improved since this Government have been in office. In 2012-13, the number of bed days lost because of delays attributable to social care was nearly 50,000 lower than in the previous year.

Stephen Timms Portrait Stephen Timms
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In May, the King’s Fund report,“Paying for social care” warned that local authority spending is continuing to fall and that fewer people are getting help. It is my understanding that last month an internal NHS document recognised that pressure on social care budgets meant “more delayed discharges”, increasing the problem in accident and emergency. Therefore, cuts to care budgets are increasing delayed discharges. What will the Minister do to tackle that problem?

Dan Poulter Portrait Dr Poulter
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The right hon. Gentleman would have done well to listen to my answer before he read out a pre-prepared question. In 2012-13, the number of bed days lost because of social care delays was 50,000 fewer than the year before. However, he is absolutely right that we need to do more to ensure better integration and better joined-up care between the NHS and social care. That is what this Government are doing, and that is why we have allocated a £3.8 billion fund to do just that in the spending review.

Stephen Dorrell Portrait Mr Stephen Dorrell (Charnwood) (Con)
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Does my hon. Friend agree that there is no solution to the economic challenges facing the health and care system—still less any solution to the quality challenges that are increasingly coming to light—that does not involve proper integration of health and care? Is not the decision announced by the Chancellor a couple of weeks ago the first tangible step of a Government delivering a policy that Governments have talked about for a generation?

Dan Poulter Portrait Dr Poulter
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My right hon. Friend is absolutely right, as always. He is a tremendous advocate—and has been since his time in office—of integrated health and social care, and of the transformation in the delivery of care that we need to make if we are to better look after patients with long-term conditions and the frail elderly. This Government are the first Government who are committed to doing that. Compare that with the real-terms cut in funding for social care that happened under the last Government, according to the Dilnot report.

Julie Hilling Portrait Julie Hilling (Bolton West) (Lab)
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17. Bolton hospital has told me that it needs a much greater concentration on social care. Indeed, a recent NHS Confederation survey of NHS chief executives and chairs said that two thirds said that a shortfall in local authority spending had impacted on their services over the past year. Will the Minister finally accept that the Government’s deep cuts to social care are having a serious effect on the ability of the NHS to deliver safe care?

Dan Poulter Portrait Dr Poulter
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I am not sure whether the hon. Lady is referring to the Association of Directors of Adult Social Services report that was published recently. It is important to look at that report in context and not misinterpret the figures. The report shows that spending has been roughly flat in social care, and the last survey also shows that councils are expecting a small increase in expenditure on social care next year. The 20% or £2.7 billion that is often touted by the Opposition in fact represents savings that councils have made through efficiencies, and that money is obviously being reinvested in front-line care.

David Tredinnick Portrait David Tredinnick (Bosworth) (Con)
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Will my hon. Friend give an indication of the long-term cost savings of integrating health and social care, as against the short-term cost of making the changes?

Dan Poulter Portrait Dr Poulter
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My hon. Friend is right to highlight the fact that the figures show that last year alone 50,000 bed days that would otherwise have been wasted were saved by investing in social care and implementing the service transformation that we all require. However, this is about making all NHS and social care budgets go further, and recognising that if we are to improve the care of older people, particularly frail elderly people, we have to invest in more community prevention and community-based care, which is what this Government are doing.

Barbara Keeley Portrait Barbara Keeley (Worsley and Eccles South) (Lab)
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As we have heard, two thirds of NHS leaders have said that the shortfall in social care spending is having an impact on their services. The Minister can try to get rid of that and talk it away, but in week after week of taking evidence in our inquiry into emergency care, the Select Committee on Health has heard the same thing. We know that elderly patients now form a much larger proportion of admissions—40% of admissions to emergency units are people aged 65 to 85. Is not the £1.8 billion cut in spending now really hitting NHS services and making the emergency care crisis worse?

Dan Poulter Portrait Dr Poulter
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I am afraid that the Opposition are very confused about their figures. As I explained earlier, the £2.7 billion—or 20%—figure represents the savings that councils have made to meet demand, and real-terms spending next year is expected to go up. The point from the ADASS and other surveys is that integration works. This Government are investing in integration. According to the Dilnot report, it was the last Government who cut in real terms the amount of spending going to social care between 2005 and 2010—and the hon. Lady was a member of that Government.

Bob Stewart Portrait Bob Stewart (Beckenham) (Con)
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3. What steps he is taking to change negative perceptions of mental health issues.

Anna Soubry Portrait The Parliamentary Under-Secretary of State for Health (Anna Soubry)
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I pay tribute to the work done on this issue by my hon. Friend, as well as by my hon. Friends the Members for Broxbourne (Mr Walker), for Croydon Central (Gavin Barwell), for Loughborough (Nicky Morgan) and many others. They have done a huge amount to remove the taboo associated with mental health. We are funding the “Time to Change” campaign, with up to £16 million being put in from 2011 to 2015. The programme works to support and empower people to talk about their mental health problems and to tackle the discrimination that so many of them face. It includes for the first time a tailored programme of work for children and young people.

Bob Stewart Portrait Bob Stewart
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How confident is my hon. Friend that general practitioners are able to make rapid assessments of potential mental health problems, particularly clinical depression, when patients present themselves perhaps for other non-related matters?

Anna Soubry Portrait Anna Soubry
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We know that a third of GP appointments are mental health-related, so GPs have a lot of experience in tackling mental illness. We also know, however, that it is not covered extensively in GP training, which is why the Royal College of General Practitioners has identified improved care for people with mental health problems as a training priority—this is to be welcomed—through its enhanced GP training programme.

Andrew Love Portrait Mr Andrew Love (Edmonton) (Lab/Co-op)
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Yet mental health spending has been cut over the last two years and we find ourselves in a position where four in 10 mental health trusts do not have safe levels of staffing. What is the Minister going to do about the funding and the staffing levels in our mental health services?

Anna Soubry Portrait Anna Soubry
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Of course, the overall health budget will be rising by some £12 billion by 2015, and in relation to mental health, I have to say that I am exceptionally proud of this Government for making mental health such a priority, notably through the mandate. I think we are to be congratulated on at last recognising how important mental health is. In our view, it underpins almost all public health matters and so many of the troubles and conditions that people present to GP surgeries. Therefore, I think we are doing an extremely good job on this subject.

Valerie Vaz Portrait Valerie Vaz (Walsall South) (Lab)
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4. What plans he has to implement the recommendation of the Francis report on safe staffing levels.

Jeremy Hunt Portrait The Secretary of State for Health (Mr Jeremy Hunt)
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We agree with Robert Francis that there is a need for evidence-based guidance and tools to inform appropriate staffing levels. We have set out a number of recommended actions to support appropriate staffing levels in “Compassion in Practice”—the nursing, midwifery and care staff vision and strategy for England.

Valerie Vaz Portrait Valerie Vaz
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I thank the Secretary of State for his answer, but Robert Francis said in his report that minimum safe staffing levels lead to helping patient safety. If the Secretary of State agrees with Robert Francis, why does he not implement that recommendation now?

Jeremy Hunt Portrait Mr Hunt
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I do agree with Robert Francis, but as he said in Nursing Times, there is an apparent misunderstanding by many people about what his recommendations actually were. This is what he said:

“I did not recommend there should be a national minimum staffing standard for nursing. The government was criticised for not implementing one, which it is said I recommended, which I didn’t.”

Andrew Percy Portrait Andrew Percy (Brigg and Goole) (Con)
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As someone who worked in the public services before my election here, I well understand the pressure put on public servants to cover up bad news. I was contacted by a nurse yesterday who informed me that concerns that were raised at a training day were dismissed by a matron—people were told to put them in the bin. Can the Secretary of State assure us that he will do everything to ensure that nurses who are concerned about staffing levels feel free to speak out and will be protected?

Jeremy Hunt Portrait Mr Hunt
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What my hon. Friend says is incredibly important. We must have a culture of openness and transparency inside the NHS, which means that people at the front line feel empowered to speak up if they think there is a problem. That has not happened in the past, and we are going to put it right.

Andy Burnham Portrait Andy Burnham (Leigh) (Lab)
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The Secretary of State will make a statement shortly about the Keogh review. Two of the hospitals investigated are Basildon and Tameside. The previous Government left a warning in place on both trusts about patient safety. This Government have ignored those warnings and allowed both trusts to make severe cuts to front-line staff. Tameside has cut 128 nursing posts and Basildon an unbelievable 345. Given the warnings he inherited, why on earth has he allowed that to happen?

Jeremy Hunt Portrait Mr Hunt
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I am very surprised that the right hon. Gentleman wants to mention what happened at Tameside. Tameside had high death rates for eight years under Labour. The previous Government ignored a whistleblower in 2005, warnings to Parliament in 2006, a coroner’s report in 2006 and warnings from my predecessor in 2009. To cap it all, in 2009 the hospital was given a “good” rating by the Care Quality Commission. How bad is that?

Andy Burnham Portrait Andy Burnham
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I am afraid the Secretary of State is simply wrong. At the instigation of my hon. Friend the Member for Denton and Reddish (Andrew Gwynne), I ordered unannounced inspections into Tameside. The Secretary of State should get his facts straight before he comes to this Dispatch Box. He did not answer on staffing, and it gets worse, Mr Speaker. Seven of the 14 hospitals in the Keogh review have between them cut a shocking 1,117 nursing jobs on this Government’s watch. Unsurprisingly, A and E performance has plummeted at all seven. All 14 hospitals were meeting the A and E target in my time in office; none of them are meeting it under the Secretary of State. Is not the right response to the Keogh review to stop dithering and act now on safe staffing levels?

Jeremy Hunt Portrait Mr Hunt
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I am surprised that the right hon. Gentleman wants to talk about the Keogh review before we have made our statement. I am particularly surprised because the Keogh review is the review that Labour never wanted to have, with high death rates in all those hospitals stretching back to 2005 and a record of inaction by Labour. As former—[Interruption.] I think the House might be interested to hear this. as former Labour councillor and Mid Staffs campaigner Ken Lownds said today:

“Can you imagine a Keogh review under Andy Burnham or any Labour Health Secretary? Not a chance.”

Jason McCartney Portrait Jason McCartney (Colne Valley) (Con)
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5. Whether the new review of children’s heart surgery units will cover adult as well as paediatric cardiac surgery.

Anna Soubry Portrait The Parliamentary Under-Secretary of State for Health (Anna Soubry)
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I am informed by NHS England that it will include adult surgery in its review of care for people with congenital heart disease.

Jason McCartney Portrait Jason McCartney
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Can NHS England assure us that a clear link will be shown between the feedback from patients, the public and stakeholders and the final configuration of services in the review of the Leeds children’s heart surgery unit?

Anna Soubry Portrait Anna Soubry
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Let me first pay tribute to the work my hon. Friend continues to do in support of his hospital and his children’s heart unit. NHS England has told me that individuals and patient organisations have all been encouraged to engage with and contribute to the local review process. The feedback received will be used to help to inform the outcome of the review of children’s heart surgery at Leeds.

Lord Bellingham Portrait Mr Henry Bellingham (North West Norfolk) (Con)
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6. What plans he has to meet the acting chief executive of the East of England ambulance trust to discuss that trust’s recovery plan.

Dan Poulter Portrait The Parliamentary Under-Secretary of State for Health (Dr Daniel Poulter)
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The NHS Trust Development Authority is working with the trust to review its action plan and monitor progress in response to the findings of the recent governance review and the Marsh report. Ministers will keep the situation under review.

Lord Bellingham Portrait Mr Bellingham
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Is the Minister aware that, in spite of the efforts and professionalism of front-line staff, the organisation has been badly led and has lurched from crisis to crisis? Does he have confidence in the new management team and the recovery plan? Does he not agree that the time might have come to break up this large organisation and move it into smaller units that are closer to the communities?

Dan Poulter Portrait Dr Poulter
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I thank my hon. Friend for that question and his diligent local campaigning on the issue. He is absolutely right that the Marsh review highlighted a failure of leadership at the trust and in the trust board as well as a disconnect between the front-line staff, who work effectively and well, and that leadership. We now have a new team at the top and we must give it time to respond to the Marsh report and put in place the right measures. I believe that efficiencies can be made at a back office and regional level, but there is a good case for ensuring that more localised data are presented about ambulance response times countywide.

Jamie Reed Portrait Mr Jamie Reed (Copeland) (Lab)
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The East of England ambulance service is failing to meet the needs of patients on the Secretary of State’s watch. The hon. Member for Waveney (Peter Aldous) has said:

“This did not used to happen.”—[Official Report, 25 June 2013; Vol. 565, c. 19WH.]

The hon. Member for Witham (Priti Patel) has said:

“Lives are put at risk.”—[Official Report, 25 June 2013; Vol. 565, c. 2WH.]

Does the Minister agree with those Members, and does he believe that clinical outcomes for patients in the east of England have been affected by the collapsing service over which he has presided?

Dan Poulter Portrait Dr Poulter
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The hon. Gentleman would do well to heed the Marsh review before asking his questions, because it highlights a fundamental, systemic failure of leadership at the ambulance trust which dates back to the last Government’s time in office. As we know, the number of NHS managers in the east of England rose by 86.4% under the last Government, but there was a lack of connection between the managers of the trust and front-line staff. Government Members are promoting clinical leadership, and trusting clinicians and front-line paramedics to deliver a much better ambulance service. I suggest that the hon. Gentleman should prepare his questions more thoroughly in future, and should read the Marsh review before he asks them.

Karen Lumley Portrait Karen Lumley (Redditch) (Con)
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7. What recent assessment he has made of the joint service review on the future of health services in Worcestershire.

Dan Poulter Portrait The Parliamentary Under-Secretary of State for Health (Dr Daniel Poulter)
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The configuration of local health services is a matter for the local NHS. Commissioners in Worcestershire are working with local health care providers and stakeholders to develop proposals for the future provision of acute services across the county, which will be subject to public consultation later this year.

Karen Lumley Portrait Karen Lumley
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Does the Minister agree that the people of Redditch deserve to see the implementation of the two options that he promised in Westminster Hall in February, after 18 months of indecision and uncertainty in Worcestershire about the future of our hospitals, including Alexandra hospital, which he visited with me?

Dan Poulter Portrait Dr Poulter
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It was a great pleasure to visit my hon. Friend’s local hospital, and I agree that it is time that consultation took place on firm proposals. The proposals that we discussed during the Westminster Hall debate appeared to me to have considerable merit, and I understand that local commissioners will present them in a timely manner later this year.

Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
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8. What assessment he has made of recent improvements in services to patients at Kettering general hospital.

Dan Poulter Portrait The Parliamentary Under-Secretary of State for Health (Dr Daniel Poulter)
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Monitor, as the regulator of foundation trusts, is working with NHS England, the Care Quality Commission and local commissioners to ensure that the trust has robust plans to make the necessary improvements. The emergency care intensive support team has given the trust advice and support to help it to develop plans to improve its A and E performance.

Philip Hollobone Portrait Mr Hollobone
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Will the Minister congratulate all those at Kettering general hospital who have been involved in various recent developments? For instance, urology patients are being given the anti-cancer drug mitomycin C, which halves the risk of a recurrence; a CT scanner that is 10 times more powerful than its predecessor is facilitating CT angiography; and 44% of colorectal operations—twice the national average—are being performed on a keyhole basis.

Dan Poulter Portrait Dr Poulter
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I am happy to commend Kettering general hospital for some of the improvements in care that have been made recently. My hon. Friend will, of course, want to ensure that that progress is sustained during the weeks and months ahead. As he will know, Monitor is still overseeing the trust to ensure that patient care and performance remain up to standard.

Andy Sawford Portrait Andy Sawford (Corby) (Lab/Co-op)
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I welcome the comments of the hon. Member for Kettering (Mr Hollobone). Kettering general hospital also serves my constituents, and I look forward to meeting the Minister this week to discuss the pressures that are being imposed on it. One of the trust’s main problems is having to spend money from its acute budget on local care home beds. Does the Minister recognise that that should not be happening?

Dan Poulter Portrait Dr Poulter
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The approach that must be adopted to ensure that health and social care services are joined up in the way that we need will vary in different parts of the country, and in accordance with differing health care needs and demographic challenges. I look forward to discussing that and other issues further when I meet the hon. Gentleman and my hon. Friend the Member for Kettering (Mr Hollobone) tomorrow or on Thursday.

Siobhain McDonagh Portrait Siobhain McDonagh (Mitcham and Morden) (Lab)
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9. What assessment he has made of the roll-out of the NHS 111 telephone service.

Jeremy Hunt Portrait The Secretary of State for Health (Mr Jeremy Hunt)
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NHS 111 is now available in more than 90% of England. Despite some problems with the sites where it was launched around Easter, performance has now stabilised significantly. NHS 111 is now the principal entry route for access to the urgent care system, and nearly 600,000 patients accessed the service in May.

Siobhain McDonagh Portrait Siobhain McDonagh
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Let me take the opportunity to make a confession to the House. Six weeks ago on Friday, I rang 111 as I watched one of my best friends vomit. She had been vomiting for 10 days, had been to see her GP four times, and had telephoned 111 on two occasions, on each of which she was told to go away and take antibiotics.

I did what no Member of Parliament wants to do. I said to the operator, “I am an MP, and I will take this up in the House if you do not deal with it properly.” Forty minutes later an ambulance arrived, and my friend was saved from a massive heart attack. What happens to people who have no one to speak for them, and no one who can say “I am an MP”?

Jeremy Hunt Portrait Mr Hunt
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The hon. Lady makes a very important point and I do not want to defend that service in the instance she cited at all. It is completely unacceptable if that kind of thing has to happen. The principle of 111—which is for people to have an easy-to-remember number and to be able to be connected to a clinician directly if they need to be, which did not happen with NHS Direct—is a good one, but it is not happening in practice as much as it needs to be. We are broadly meeting our operational standards, but it is not good enough and she has given a very good example as to why.

Baroness McIntosh of Pickering Portrait Miss Anne McIntosh (Thirsk and Malton) (Con)
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First, may I thank the Under-Secretary of State, my hon. Friend the Member for Broxtowe (Anna Soubry), for responding to the recent debate we held on this issue? When it was my own father in those circumstances, I did not say that I was an MP, as I felt that would be an abuse of the system. I am delighted that North Yorkshire has reported no problems since 111 was introduced, but there is the issue of the deficit for clinical commissioning groups, which we hope will not detract from the 111 service. Can the Secretary of State assure us that the review of funding will be brought forward at the earliest possible moment?

Jeremy Hunt Portrait Mr Hunt
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I am pleased the 111 service worked more satisfactorily in my hon. Friend’s case. NHS England is working on the funding formula and it hopes to make any necessary changes in time for the next funding round, which starts in April 2014.

Liz Kendall Portrait Liz Kendall (Leicester West) (Lab)
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Ministers were repeatedly warned about problems with their 111 roll-out by the Royal College of Nursing, the British Medical Association, the Ambulance Service Network and private providers, but they ploughed on regardless. The result was patients left waiting hours for call-backs, more ambulances sent out and more pressure on already struggling A and Es. I am sure the Secretary of State is aware of the pattern of the seasons, so if he wants to avoid another A and E crisis this winter, can he explain why Bruce Keogh’s review of urgent and emergency care will not even report until next spring?

Jeremy Hunt Portrait Mr Hunt
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Actually, the hon. Lady is wrong, because Bruce Keogh’s review of urgent and emergency care with respect to vulnerable older people, and particularly with respect to the way the 111 service operates, will report this autumn, precisely so that we can make sure we learn any lessons we need to learn for this winter, and it is very important that we should do so.

Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
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10. If he will take steps to ensure that people affected by muscle- wasting conditions in the South East Coast NHS area are adequately supported after September 2013; and if he will make a statement.

Anna Soubry Portrait The Parliamentary Under-Secretary of State for Health (Anna Soubry)
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NHS England commissions some elements of neurological services through specialist services commissioning arrangements, while clinical commissioning groups commission general neurological services. I am informed that the Muscular Dystrophy Campaign and the Surrey and Sussex area team are considering funding the care pathway adviser post for a further six months.

Caroline Lucas Portrait Caroline Lucas
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I thank the Minister for her answer, but an exploration just for the potential of a mere six months’ reprieve is not good enough. As things stand, for people with muscular dystrophy and their families in the South East Coast region, from September, that is set to be the only part of the country without access to a local care and support advocate. Therefore, will the Minister agree to meet me as a matter of urgency to discuss what can be done to ensure long-term funding for that vital post, which sufferers and their families want to see continue?

Anna Soubry Portrait Anna Soubry
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The simple answer is absolutely yes. My hon. Friend the Member for North Thanet (Sir Roger Gale) has also raised this matter through parliamentary questions and the like. I am more than happy to have that meeting.

Margot James Portrait Margot James (Stourbridge) (Con)
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11. What steps he is taking to improve the care of vulnerable older people.

Jeremy Hunt Portrait The Secretary of State for Health (Mr Jeremy Hunt)
- Hansard - - - Excerpts

We are taking a great deal of measures to improve services for vulnerable older people, who make up the bulk of the work the NHS does, and in particular to make sure they are always treated with dignity and respect.

Margot James Portrait Margot James
- Hansard - - - Excerpts

I thank my right hon. Friend for his answer. Earlier this year the Care Quality Commission found that people with dementia end up in hospital more often, stay longer and are more likely to die there. What can he do to encourage greater provision of good-quality specialist care places for patients with dementia in the community?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

My hon. Friend makes an important point. Nearly 60% of people with dementia are in a care setting, but one of the tragedies is that many of them could continue to live healthily and happily at home for much longer if they were given the support that they needed. Often, however, that support does not arrive until it is too late, when the carer or family member is under too much pressure to be able to look after them. The dementia diagnosis rate at the beginning of this Parliament was less than 40%, but our objective is to get that up to two thirds by the end of the Parliament. Also, we want to ensure that a proper care plan is in place for the two thirds who are diagnosed, so that we can avoid the problems that my hon. Friend has highlighted.

Hazel Blears Portrait Hazel Blears (Salford and Eccles) (Lab)
- Hansard - - - Excerpts

Last week, the all-party parliamentary group on dementia published its report, “Dementia does not discriminate”, which deals particularly with the impact of dementia on people from black and minority ethnic communities. There are now 25,000 people from those communities living with dementia—far more than we expected—yet they often receive their diagnoses even later than people with dementia in the rest of the population. Will the Secretary of State fund an awareness campaign through Public Health England aimed at those communities to drive up the diagnosis rates? Will he also ensure that the clinical commissioning groups are commissioning appropriate support services in those communities so that we can provide proper services for everyone living with dementia?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

I congratulate the right hon. Lady, who is a long-time campaigner on dementia issues. She has raised a really important issue, and I will certainly talk to Public Health England about raising awareness. For those groups, as for everyone, we need to ensure that there is a good care plan in place when they are diagnosed. There is some resistance in the GP community to giving a dementia diagnosis, partly because many GPs worry that not much will happen as a result. We need to ensure that there is a good plan in place, and that is particularly the case for ethnic minority communities.

Graham Stuart Portrait Mr Graham Stuart (Beverley and Holderness) (Con)
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Does the Secretary of State agree that areas that are grappling with the highest burdens of chronic illness and disability should receive the highest NHS allocations? Does he have any idea why the NHS Commissioning Board has rejected the advice of the Advisory Committee on Resource Allocation and decided instead to perpetuate the systematic underfunding of areas that serve older people?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

My hon. Friend is absolutely right to say that NHS resources must be allocated in a way that fairly reflects the need for the NHS in every area. Rurality and age are two important factors in that regard. I can reassure him that the current allocations are not set in aspic. The problem with the recommendations from the Advisory Committee on Resource Allocation that NHS England received before was that they would have meant increasing resources to the areas with the best health outcomes at the expense of those with the worst ones. NHS England thought that that would be inconsistent with its duty to reduce health inequalities, but it is looking at the issue this year and we all hope that it will make good progress.

Andrew Gwynne Portrait Andrew Gwynne (Denton and Reddish) (Lab)
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We all know that one of the most important drivers for improving the quality of care for vulnerable and elderly patients is to ensure the adequate training and regulation of health care assistants. That is something that Labour and Sir Robert Francis QC have called for, but that the Government have so far ducked. Will the Secretary of State now accept that crucial Francis recommendation to help to drive up care standards for the elderly and the vulnerable—yes or no?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

The reasons that Robert Francis recommended statutory regulation of health care assistants were twofold. First, he wanted to ensure that people who had been involved in incidents of poor care could not pop up somewhere else in the system. Secondly, he wanted to ensure that everyone had proper training. We are going to solve both those problems, but I am not convinced that a big new national database of 300,000 people is the way to do it.

Heidi Alexander Portrait Heidi Alexander (Lewisham East) (Lab)
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12. What recent progress his Department has made on negotiations with acute providers on the capital and revenue costs of implementing the recommendations of the special administrator of the South London Healthcare NHS Trust.

Anna Soubry Portrait The Parliamentary Under-Secretary of State for Health (Anna Soubry)
- Hansard - - - Excerpts

Decisions on funding for each individual hospital are being worked through as part of the implementation planning process, in collaboration with the Department, to ensure value for money for the taxpayer. Decisions need to ensure that capacity is available in the right place and that quality and safety are maintained.

Heidi Alexander Portrait Heidi Alexander
- Hansard - - - Excerpts

Is it true that King’s College hospital wants £109 million in capital funding alone to cover changes at the Denmark Hill site and at the Princess Royal hospital, given that in January the Secretary of State announced £73 million of additional investment for all the other hospitals in south-east London to deal with displaced patients from Lewisham? Will the Minister explain where the money is coming from? Will she also tell us whether all this will be centrally funded, or whether local commissioners will be asked to pick up the tab?

Anna Soubry Portrait Anna Soubry
- Hansard - - - Excerpts

What I can say is that it will be centrally funded, but as to the other detail in the hon. Lady’s question, I will have to write to her with those answers. As ever, my door is open and I am more than happy to meet her to discuss it further.

Barry Sheerman Portrait Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
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13. What plans he has to increase the management capability of doctors elected to clinical commissioning groups.

Jeremy Hunt Portrait The Secretary of State for Health (Mr Jeremy Hunt)
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Clinical commissioning groups have the freedom and autonomy to determine the skills and expertise needed to enable them to deliver improved outcomes for their local communities, and NHS England is developing an assurance framework to ensure that they all have the capacity and capability to do that.

Barry Sheerman Portrait Mr Sheerman
- Hansard - - - Excerpts

Is the Secretary of State aware that a number of doctors, certainly the ones I have talked to, are deeply concerned about the inadequacy of their management capabilities to run these complex organisations? Is he worried that many of them are saying that they have to turn to private health care people to back them up and give them advice? Is that healthy in the NHS?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

I am absolutely aware that there a lack of clinical leadership, and when we go on to the statement later today, I am sure that we will be discussing what needs to be done to improve the quality of leadership, particularly clinical leadership. Very often the best leadership in any hospital or any commissioning group comes from clinicians, and we have much work to do to make that happen. But I do not think that that means that we should duck the challenge; we just have to get on and make sure that people have the right training and can be supported to do the job we need them to do.

Geoffrey Robinson Portrait Mr Geoffrey Robinson (Coventry North West) (Lab)
- Hansard - - - Excerpts

The Secretary of State seems to be answering a different question. The question was about management training for doctors who are being put in the position, without any training and with no consultation—many are doing this against their wishes—of having to manage in a way that they have never been trained to do and are not inclined to do. Would it not be better to put in place the assurance and the training he talks about before rushing into this madcap reorganisation, which the Government did?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

May I reassure the hon. Gentleman that, first, these people are not doing these jobs against their will, as they volunteered to do them? Secondly, the quality of CCGs is being assured very closely, and they are receiving a lot of support. But it is a big job because, generally speaking, we want more clinical leaders. They need support in learning management skills in order to do that job well, and across the whole NHS we need to be doing that better.

Fiona Mactaggart Portrait Fiona Mactaggart (Slough) (Lab)
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Will the training of clinical leaders include training in legal advice about mergers? I was shocked to see a response from Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust and Poole Hospital NHS Foundation Trust showing that they had already spent more than £1.5 million on legal advice about their merger, which has been prevented by the Competition Commission, and that in future they expect to spend £6 million on this scheme. Is it right that our health money should be going on legal advice?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

No, and I am as concerned as the hon. Lady that it is difficult to push through the mergers that local commissioners want to happen. We have to operate within the framework of European law, but we are looking at what we can do to make it easier for these things to happen.

Henry Smith Portrait Henry Smith (Crawley) (Con)
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14. What steps he is taking to tackle health tourism and ensure a fair system of contribution to the costs of the NHS.

Jeremy Hunt Portrait The Secretary of State for Health (Mr Jeremy Hunt)
- Hansard - - - Excerpts

On 3 July, my Department and the Home Office launched co-ordinated consultations on a range of proposals on a new charging system for visitors and migrants in which everyone makes a fair contribution to health care. Those include making temporary migrants from outside the European economic area contribute to the cost of their health care, and introducing easier and more practical ways for the NHS to identify and charge those not entitled to free health care.

Henry Smith Portrait Henry Smith
- Hansard - - - Excerpts

I very much welcome the statement by my right hon. Friend and support the new visa fee proposal for non-EU foreign nationals who come here and receive NHS treatment. May we also have an assurance that the treatment of EU nationals will be properly audited in the NHS, so that those costs can be recovered through the European health insurance card scheme?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

My hon. Friend is right to point to the fact that we estimate that we collect less than half the money for which we invoice for “overseas operations” and we identify fewer than half the people who should be invoiced in the first place—that applies in respect of those from inside the EU as well as from outside the EU. We can get refunded for the care we give EU nationals if we are sensible about collecting this money and we put those systems in place. Given the pressures in the NHS, we are absolutely determined to make sure we do so.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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I thank the Secretary of State for his statement. Last year health tourism cost the NHS £24 million—that was in one year alone. He has outlined the new system coming in, but will he say how it will be administered? Many of us feel that it might not be as easy to do in practice as it is on paper.

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

The hon. Gentleman is absolutely right. If this is to work, we need a slick system that is easy for hospitals to operate. We have done this in another area, as the NHS successfully and seamlessly invoices insurance companies for the costs of coping with road traffic accidents. At the moment, however, if hospitals declare that someone is chargeable for their NHS care, they do not get paid by the NHS for that care, meaning that they have to collect the money themselves from overseas, so the incentives for hospitals are wrong and we need to sort them out.

Tobias Ellwood Portrait Mr Tobias Ellwood (Bournemouth East) (Con)
- Hansard - - - Excerpts

20. I welcome the Government’s initiatives to tackle health tourism, but what is being done to help hospitals on the front line, such as Bournemouth hospital, better to identify chargeable visitors?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

We are considering whether something can be done with the NHS number. At the moment, people can visit any GP and, completely legally—whether or not they are entitled to NHS care—get an NHS number. That number can then become a passport that can be used throughout the system, so we are examining whether there is a way of giving people either a temporary NHS number, or a different NHS number, that can be tracked through the system so that if they undergo complex medical care that is chargeable, we are able to trace that and collect the money from them.

Steve McCabe Portrait Steve McCabe (Birmingham, Selly Oak) (Lab)
- Hansard - - - Excerpts

If we are to make this work, do not we need a clearer idea about the real cost? Is it the £200 million that the Secretary of State has been quoted as using, the £10 million suggested by the Prime Minister, or the £33 million that the Under-Secretary of State for Health, the hon. Member for Broxtowe (Anna Soubry), has cited in a parliamentary written answer?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

The truth is that we do not know the cost, which is why we are carrying out an independent audit this summer. The £12 million figure is the amount written off by the NHS each year because of unpaid overseas invoices, but many people think that the costs are much greater. We want an answer for the hon. Gentleman and everyone in the House, so we are carrying out that independent audit and we will publish the results later in the autumn.

Kate Green Portrait Kate Green (Stretford and Urmston) (Lab)
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T1. If he will make a statement on his departmental responsibilities.

Jeremy Hunt Portrait The Secretary of State for Health (Mr Jeremy Hunt)
- Hansard - - - Excerpts

I know that the whole House will want to recognise the fact that this month marks the 65th anniversary of the NHS. This country blazed a trail by introducing universal health care coverage in 1948, and the NHS remains the single biggest reason why most people are proud to be British. The whole House will want to note that whatever failings are being exposed by a new era of transparency in NHS care, the overwhelming majority of doctors, nurses, health care assistants and managers do a remarkable job, working incredibly long hours for the benefit of us and our families, and we salute them for all they do.

Kate Green Portrait Kate Green
- Hansard - - - Excerpts

When changes were made at Lewisham hospital, the Secretary of State refused to meet local campaigners. Following his announcement last week about changes to services at Trafford general hospital, local campaigners from Trafford would like to know if he is prepared to meet them.

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

That is not quite a fair representation of what happened in the case of Lewisham, or indeed for Trafford, because I agreed to meet all local MPs regarding Lewisham. These things are carefully constrained by what is legally possible so as to be fair to all sides, but I met all Lewisham MPs. As the hon. Lady knows, I have agreed to meet her—I think that we are meeting later this afternoon—and I am sure that she will express the concerns of campaigners in Trafford.

David Rutley Portrait David Rutley (Macclesfield) (Con)
- Hansard - - - Excerpts

T5. Integrating health and social care is an especially important priority in areas with the fastest-ageing populations. With that in mind, do Ministers agree that it is vital to support joined-up initiatives such as Caring Together in north-east Cheshire, which involves the local clinical commissioning group, council and NHS trust?

Dan Poulter Portrait The Parliamentary Under-Secretary of State for Health (Dr Daniel Poulter)
- Hansard - - - Excerpts

My hon. Friend is absolutely right to highlight such initiatives. That was why the Government, as part of the Health and Social Care Act 2012, set up health and wellbeing boards, which bring together housing providers, the NHS, the third sector and social care locally so that they can look at how to improve and better integrate personalised care, especially for the frail elderly.

Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South East) (Lab)
- Hansard - - - Excerpts

T2. In the 1960s and 1970s, the drug Primodos was given to pregnant women, resulting in serious birth defects in thousands of babies, who are now adults in their 40s. The then Committee on the Safety of Medicines failed to act in time, the scientist at Schering, the drug manufacturing company, accepted subsequently that he had made up his research, and the solicitor Peter Todd has described the events as the biggest medical and legal cover-up of the 20th century. Will the Secretary of State meet me and the victims of Primodos so that we can present our evidence on what has happened?

Dan Poulter Portrait Dr Poulter
- Hansard - - - Excerpts

The hon. Lady is right to highlight the fact that when we have scientific and clinical data, they must be used responsibly, as the MMR scandal also indicated. Of course I would be delighted to meet her to talk through this matter further.

Stephen Metcalfe Portrait Stephen Metcalfe (South Basildon and East Thurrock) (Con)
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T8. In advance of the publication of the Keogh report later today, and following the revelations that Basildon hospital had one of the highest standard mortality rates following catastrophic failures, will my right hon. Friend assure the House and my constituents that he will support the new management regime in its attempts to improve the quality of care? Will he also tell the House if he found any evidence of a systematic attempt by the previous Prime Minister and the previous Government to cover up figures—

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Order. The hon. Gentleman should not abuse topical questions to ask two questions, and he should be asking not about the policies of the previous Government, but about the policies of the present Government, on which I know the Secretary of State will briefly reply. We are grateful.

Jeremy Hunt Portrait Mr Jeremy Hunt
- Hansard - - - Excerpts

We will, of course, give every support to the management at Basildon to turn around their hospitals. The wonders of modern technology have informed us that the shadow Health Secretary was wrong to say that there has been a decline in nursing numbers in Basildon: they have actually gone up by nearly 100 since the last election.

Sarah Champion Portrait Sarah Champion (Rotherham) (Lab)
- Hansard - - - Excerpts

T3. The Francis report recommended that the National Institute for Health and Care Excellence draw up minimum safe staffing levels that would be policed by the Care Quality Commission. It stated that NICE should develop“evidence-based tools for establishing”the staffing needs of each service in the NHS which is likely to be required“as a minimum in terms of staff numbers and skill mix.”Will the Minister tell us when the Government will act on this and all the recommendations in the report?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

If the hon. Lady heard the exchange earlier, she will know that what Robert Francis was recommending was evidence-based tools, not a national minimum staffing level. The reason for that is that the number of nurses needed varies from hospital to hospital and ward to ward. We need to make sure that that happens. In the best hospitals it already does. The system that we have—this was supported by the shadow Health Secretary in his evidence to the Francis review—is not one where the Secretary of State sits behind his desk and dictates the number of nurses required in every hospital. If we did that, we would not be able to run the NHS properly, but we need to make sure that there are proper standards in place, which is why we have a chief inspector of hospitals to make sure that that happens.

Stuart Andrew Portrait Stuart Andrew (Pudsey) (Con)
- Hansard - - - Excerpts

T9. It is right that clinicians should speak out about safety in our hospitals, but does my right hon. Friend agree that now is probably not the right time for clinicians to be speculating in the national media about the safety at Leeds heart unit, given that the Department has yet to release the second phase of the review, as this endless speculation is causing great anxiety to already worried parents?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

I agree with my hon. Friend. He has campaigned very honourably and sensibly for children’s heart services at Leeds. This is not a time for speculation. We will announce this month what the new process will be for resolving Safe and Sustainable. He and I both want this to happen as quickly as possible to remove that uncertainty. Also, we have to find a way of making sure that the data are solid and that we can trust them.

Keith Vaz Portrait Keith Vaz (Leicester East) (Lab)
- Hansard - - - Excerpts

T4. Will the Secretary of State join me in congratulating Abbey primary school on becoming the first “silver star” school in Leicester for banning sugary drinks and for promoting healthy eating and exercise? Does he agree that this is the best way of preventing diabetes and obesity in later life?

Anna Soubry Portrait The Parliamentary Under-Secretary of State for Health (Anna Soubry)
- Hansard - - - Excerpts

Absolutely. I would be delighted to come along and visit the school. May I give full credit to the right hon. Gentleman for his campaign and to the Silver Star charity, which does great work? That is why it is so right that we put public health back in local authorities, where it should always have been and where it was, historically. This sort of local action is very much the way forward, so I congratulate the school and the right hon. Gentleman again.

Andrew George Portrait Andrew George (St Ives) (LD)
- Hansard - - - Excerpts

Further to the question raised by the hon. Member for Walsall South (Valerie Vaz), I have met the Under-Secretary of State for Health, my hon. Friend the Member for Central Suffolk and North Ipswich (Dr Poulter) regarding safe staffing levels and I provided a substantial file of evidence on behalf of the Florence Nightingale Foundation in support of its 1:8 registered nurse to patient ratio. What part of that evidence are Ministers unconvinced by?

Jeremy Hunt Portrait Mr Jeremy Hunt
- Hansard - - - Excerpts

I am sure the evidence to which the hon. Gentleman refers is very persuasive, but I am sure he would agree that a ratio such as 1:8 cannot be applied uniformly across his local hospital or across all local hospitals. It can vary from day to day, depending on the level of illness and the age of the people going into particular wards. The best hospitals have computer models that change the numbers of nurses operating in different wards on a daily basis. Other hospitals do not do that, except on a quarterly basis. That is the change that we need to make.

Rosie Cooper Portrait Rosie Cooper (West Lancashire) (Lab)
- Hansard - - - Excerpts

T6. Does the Secretary of State believe that making data on individual consultants public is pointless if hospitals are using informal mechanisms to frustrate patient choice, such as having a team of specialist nurses decide which consultant a patient is referred to? Will he reinforce patient choice and dissuade hospitals from doing that?

Dan Poulter Portrait Dr Poulter
- Hansard - - - Excerpts

The hon. Lady is absolutely right to highlight the fact that we need more transparency in data and that patients have a right to know about the quality of surgical care, but it is also right that we need to look at that carefully across the different surgical specialties, and particularly at the different criteria that might also impact upon good care and good health care outcomes, particularly in oncology.

Andrew Stephenson Portrait Andrew Stephenson (Pendle) (Con)
- Hansard - - - Excerpts

Two-year-old Oliver Rushton in my constituency has cerebral palsy and needs a selective dorsal rhizotomy if he is to be able to walk or stand on his own. Unfortunately, after considerable delay, Oliver’s request for NHS treatment has been turned down. He is now getting the treatment, but only after an incredible fundraising effort from his parents, who have personally raised £40,000 to pay for it. Will my hon. Friend meet me to discuss the case?

Dan Poulter Portrait Dr Poulter
- Hansard - - - Excerpts

I would be very happy to meet my hon. Friend to discuss that case and the commissioning arrangements for the procedure, and indeed other treatment for patients with cerebral palsy.

Meg Munn Portrait Meg Munn (Sheffield, Heeley) (Lab/Co-op)
- Hansard - - - Excerpts

T7. The guidance that the Government have produced on transferring funds from the NHS to local authority social care makes it clear that the money can be used to plug gaps in social care caused by cuts. Does that not just mean that the local authorities that are under most pressure because they have had the biggest cuts will not be in a position to develop the integrated health and care services that we would all like to see?

Jeremy Hunt Portrait Mr Jeremy Hunt
- Hansard - - - Excerpts

I hope that I can reassure the hon. Lady, because the conditions for accessing that £3.8 billion fund are absolutely clear. Local authorities will not be able to access it unless they can promise to maintain services at their current levels. They are allowed to make financial efficiencies, as is the NHS, and everyone needs to look at that, but not if it means a deterioration in services.

Jeremy Lefroy Portrait Jeremy Lefroy (Stafford) (Con)
- Hansard - - - Excerpts

Being able to be visited frequently by one’s loved ones is a vital part of improving care for vulnerable older people in acute settings. How is closeness to home being taken into account in any service changes proposed by Monitor or the NHS Trust Development Authority?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

First, I congratulate my hon. Friend on the admirable way he sticks up for his constituents in Stafford in incredibly difficult circumstances. I think that the whole House recognises what he has done. Secondly, in answer to his question, there is always a balance to be found, because we all recognise that, all things being equal, people would rather be treated nearer to where they live for exactly the reasons he gave. We also need to ensure that people get the best care when they arrive at hospital, which is why it is very important to go through these difficult processes to work out where that balance lies.

Kevin Barron Portrait Mr Kevin Barron (Rother Valley) (Lab)
- Hansard - - - Excerpts

Is the Secretary of State aware of the increasing problems there are in A and E because of alcohol? If so, will he tell us what he is going to do about it?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

There are problems, particularly in large cities and at weekends. In fact, in the case of the reorganisation of services at Trafford general hospital, one of the things that we can invest in as a result is mental health facilities in neighbouring A and Es so that people have better access to the services they need.

Tessa Munt Portrait Tessa Munt (Wells) (LD)
- Hansard - - - Excerpts

The Secretary of State will be aware of the case of Nadejah, the face of the Teenage Cancer Trust, who at the age of 23 has been refused the CyberKnife cancer treatment that could save her life. Her mother Michelle is here today. Will he intervene so that this young woman gets the treatment that her consultant, Professor Hochhauser, recommends, and will he meet Nadejah’s mother and me so that we can work together to unblock the funding so that she can get the treatment she so desperately needs?

Anna Soubry Portrait Anna Soubry
- Hansard - - - Excerpts

I am more than happy to meet the hon. Lady and the family but, as she knows, this is a treatment that we have talked about endlessly, and we have had many meetings, which I am more than happy to continue to have with her.

Meg Hillier Portrait Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
- Hansard - - - Excerpts

Since 2010, thousands of NHS staff have left the NHS with big, fat redundancy cheques, only to go through the revolving door and get new jobs in the NHS, often months later. Will the Secretary of State tell us how much has been spent on redundancy payments and whether he regrets that waste of NHS money?

Jeremy Hunt Portrait Mr Jeremy Hunt
- Hansard - - - Excerpts

The hon. Lady asks that question as if that kind of thing never happened under Labour. The answer is that it is not acceptable, which is why we are changing the rules to ensure that people cannot get payoffs and then walk straight into another NHS job. The other answer is that the reorganisation that she criticises means that we have put more money on the front line, including for 6,000 more doctors, which I think was the right thing to do.

Charlotte Leslie Portrait Charlotte Leslie (Bristol North West) (Con)
- Hansard - - - Excerpts

Does the Secretary of State agree it is a scandal that those, such as Gary Walker, Amanda Pollard and Kim Holt, who have exposed the horrors buried in our NHS have either been fired or do not have jobs, but those who are heavily implicated in such cases, such as Barbara Hakin—about whom I have written to the Secretary of State—David Nicholson, and others, still do?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

My hon. Friend has campaigned long and hard on issues of accountability, and I agree with her basic case, even if I do not agree with her about all the individuals she mentioned. One issue that will arise during today’s statement is that of how people are held accountable. That has been missing in our NHS, and we must put it right.

Grahame Morris Portrait Grahame M. Morris (Easington) (Lab)
- Hansard - - - Excerpts

There has been much talk about action plans and I am sorry that the Minister of State, Department of Health, the hon. Member for North Norfolk (Norman Lamb), is not in his place. Is the Health Secretary aware that Mencap has expressed concerns that the Government’s response to the “Six Lives” progress report by the Department of Health does not set goals or time scales for tackling the issues highlighted in that report?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

I know that the care services Minister would have liked to be here but he is at his son’s graduation today. I will pass on the hon. Gentleman’s question and ensure that he receives a full response.

Richard Fuller Portrait Richard Fuller (Bedford) (Con)
- Hansard - - - Excerpts

At the end of this month, the East of England Multi-Professional Deanery will remove junior doctors in paediatric services from Bedford hospital. That will reduce paediatric services, which will obviously cause major concerns for families with children in Bedford and Kempston and north Bedfordshire. Will my right hon. Friend join me and my hon. Friend the Member for North East Bedfordshire (Alistair Burt) in calling for an open and independent inquiry into why clinical supervisory failures continued at Bedford hospital and were not addressed, and into the terrible consequences that resulted from that?

Dan Poulter Portrait Dr Poulter
- Hansard - - - Excerpts

I am sure my hon. Friend will be pleased that Health Education England, supported by the General Medical Council, took such rapid action to address concerns over patient safety and the supervision of junior doctors at his hospital. It is right that a rapid action plan has been brought in by local health care commissioners and Health Education England in order to support that, put in place the right supervision for medical staff, and ensure we put things right as quickly as possible.

John Cryer Portrait John Cryer (Leyton and Wanstead) (Lab)
- Hansard - - - Excerpts

Further to the question from the hon. Member for Bristol North West (Charlotte Leslie), Ministers often—quite rightly—mention the importance of whistleblowers, so why have the Government weakened protection for whistleblowers through the Enterprise and Regulatory Reform Act 2013?

Jeremy Hunt Portrait Mr Jeremy Hunt
- Hansard - - - Excerpts

We are strengthening protection for whistleblowers and are going much further by creating a culture of openness and transparency in the NHS, where people are not bullied if they speak out about poor care.

Adrian Sanders Portrait Mr Adrian Sanders (Torbay) (LD)
- Hansard - - - Excerpts

Torbay is often held up as a model for an integrated care service, but two important services are not fully integrated—mental health care and children’s services. Will the Government encourage the incorporation of all services into a fully integrated health care system?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

My hon. Friend makes an important point and the heart of what he says is that integrated, joined-up care is most important for those who are regular users of the NHS. Children with complex needs or people with mental health conditions that can improve but not necessarily be cured can really benefit from an integrated approach. I salute what Torbay has done in blazing a trail. We are learning from that and hope that such a process will be rolled out in every part of the country as soon as possible.

None Portrait Several hon. Members
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rose

John Bercow Portrait Mr Speaker
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Order. I am sorry to disappoint colleagues but we must now move on.

Isham By-pass (Northamptonshire)

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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Peter Bone Portrait Mr Peter Bone (Wellingborough) (Con)
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It gives me great pleasure to present a petition signed by 833 of my constituents. It reads as follows:

The Humble Petition of residents of Isham, Northamptonshire and the surrounding areas,

Sheweth,

That there is an urgent need to construct the A509 Isham by-pass, not only to relieve the current unacceptable number of traffic movements through the village, but also mindful of the extra proposed traffic movements which will occur due to:

The 5,500 houses that are being built at Cranford; the 3,500 houses that are being built at the station in Wellingborough; the proposed 3,000 house development off Niort Way in Wellingborough; the proposed industrial site development at Appleby Farm in Wellingborough with an estimated daily vehicle movement of 2,000, the majority of which will be lorries; the widening of the A14 road at the A509 Junction one mile from Isham.

Wherefore your Petitioners pray that your Honourable House urges the Secretary of State for Communities and Local Government, Northamptonshire County Council and the Borough Council of Wellingborough work together to ensure that the Isham A509 bypass is constructed imminently.

And your Petitioners, as in duty bound, will ever pray, &c.

[P001199]

Territorial Army Centre (Caernarfon)

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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Hywel Williams Portrait Hywel Williams (Arfon) (PC)
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This petition was organised within a week of the announcement of the closure of the Territorial Army Centre in Caernarfon, which has a population of 9,600. It has already been signed by 2,204 people, which is a substantial proportion of that number. It reads as follows:

The Petition of the people of Caernarfon and the surrounding district,

Declares that the Petitioners are opposed to the closure of the Territorial Army Centre at Caernarfon and draws the House's attention to the long and unique tradition of service in the forces by people from the community; further notes that the Caernarfon centre has an important role in recruitment given that it serves a very large rural area, that similar facilities will not easily be available elsewhere.

The Petitioners therefore request that the House of Commons urges the Government to retain the current usage of the site and explore complementary uses so that it can be further developed as an important and valued strategic resource.

And the Petitioners remain, etc.

[P001209]

John Bercow Portrait Mr Speaker
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Before I call the hon. Member for Cardiff West (Kevin Brennan) to present his petitions, let me give him some guidance. It is not necessary for him to perambulate back and forth between his seat and the Chair for the purposes of his presentation. He should remain in his place. Let me also advise him that, while he is at liberty to speak briefly about each of his three petitions, it would be a mistake for him to suppose that because he is speaking about three, he can speak for three times as long as he would have spoken if he were speaking to one. He should speak with the brevity of which I know he is periodically capable.

Signage of the Welsh Senedd Building

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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Kevin Brennan Portrait Kevin Brennan (Cardiff West) (Lab)
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I am immensely grateful for that guidance, Mr Speaker. I shall present three petitions from my constituent, Mr Gruffydd Meredith.

In this petition Mr Meredith calls for the Government of Wales Act 2006 to be amended to rename the National Assembly for Wales as the Parliament of Wales or Senedd Cymru, with appropriate signage being erected so that every visitor will know its significance.

The petition states:

The petition of Mr Gruffydd Meredith,

Declares that up to 12 million people from all over the world visit Cardiff bay and pass the Senedd building annually yet the majority of these must have no idea what the Senedd building actually is or does, as they have no way of knowing unless they enter the building and ask the staff; further that Wales must be one of the few countries in the world that is does not have a sign denoting its own national parliament and that the Senedd building is one of Wales’ most important institutions and belongs to the people of Wales; further that there is a need and duty for the Senedd building to therefore showcase and make itself known to all the citizens of Wales as well as to the rest of the world.

The Petitioner therefore requests that the House of Commons makes the necessary amendment to the Government of Wales Act 2006 and any other relevant act in order to facilitate the renaming of the current National Assembly for Wales or Cynulliad Cenedlaethol Cymru to Senedd Cymru (Parliament of Wales), placing a large sign on the main public entrance of the Senedd building overlooking Cardiff bay, with prominent lettering denoting ‘Senedd Cymru’ (Parliament of Wales), together with an impressive Welsh flag placed centrally at the front top of the sloping roofed entrance.

And the Petitioner remains etc.

[P001210]

A Unified Welsh Power Grid

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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Kevin Brennan Portrait Kevin Brennan
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This petition calls for the Government of Wales Act 2006 to be amended to allow for the creation of a unified power grid.

The petition states:

The Petition of Gruffydd Meredith,

Declares that the current and historical energy map of Wales shows all the classic indicators of an extractive economy, with the extractive drainage lines either extending east out of Wales or to the ports; further that Wales is already greatly more than self sufficient in electricity generation, producing at least twice more electricity than what we use but most of this is given to the UK national grid and then sold back to us; further that future renewable energy projects for Wales show that we could be easily producing at least four times more than we use if we realised basic achievable renewable energy projects (including tidal lagoons and the Severn estuary instead of a barrage) and this without even mentioning the possibility of clean coal and methane gas extraction, which could make this figure higher again; further that joining the currently unconnected electricity lines could be done with specially designed pylons that blend in with the Welsh environment, by underground cables or by placing undersea cables in Cardigan Bay and this would mean that all of Wales’ energy production is quantifiable and our abundant excess energy can be exported and providing potentially thousands of new jobs.

The Petitioner therefore requests that the House of Commons make the necessary amendment to the Government of Wales Act 2006 and any other relevant act in order to facilitate the development of an unified Welsh power grid, joining the currently unconnected electricity lines on North, Mid and South Wales.

And the Petitioner remains etc.

[P001211]

A Welsh Second Chamber

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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Kevin Brennan Portrait Kevin Brennan
- Hansard - - Excerpts

This petition calls for the Government of Wales Act 2006 to be amended to establish a second, scrutinising Chamber in Wales to be called Ty’r bobol or Citizen House.

The petition declares:

The Petition of Gruffydd Meredith,

Declares that there is a need for a second scrutinising chamber—a ‘Ty’r bobol’/ ‘Citizen House’, made up of Welsh citizens chosen at random from all over Wales in the citizen jury style system; further declares there should also be representation by independent non party affiliated experts and spokespeople from all fields suggested by small to medium sized businesses, non charity community groups, schools and colleges; further declares that this system of demarchy would provide Welsh politics with a much needed opportunity for independent scrutiny by the people and would make sure that the Welsh legislative process and the Welsh Government in general is able to be challenged and truly held to account where necessary.

The Petitioner therefore requests that the House of Commons make the necessary amendment of the Government of Wales Act 2006 and any other relevant act in order to facilitate the forming of a second scrutinising chamber in Wales made up of Welsh citizens chosen at random in the jury style system.

And the Petitioner remains etc.

[P001212]

Tougher legislation on dangerous dogs

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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Julie Hilling Portrait Julie Hilling (Bolton West) (Lab)
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Since the tragic death of Jade Lomas Anderson in March of this year, I have been working with her mum and dad, Shirley and Michael Anderson, their family and the wider community to collect signatures on this petition. I commend in particular Michael and Shirley for their bravery, Sandra Lucas, Councillors Karen Aldred and Fred Walker and my staff team for their hard work in collecting 4,618 signatures, which were presented to Downing street today, as well as the businesses, schools and churches who have done so much to help, and the people of Bolton West who have shown their support in signing the petition.

The petition declares:

The Petition of residents of Bolton West,

Declares that seven children and two adults have been killed by dogs since 2006, and that 6,000 admissions to hospital are caused by dog attacks each year leaving many victims scarred for life; notes that the introduction of Dog Control Notices is supported by many organisations including the Kennel Club, the Dogs Trust, RSPCA, Royal College of Nursing, British Veterinary Association and the Communication Workers Union; and believes that the Government’s current proposals on dangerous dogs do not go far enough.

The Petitioners therefore request that the House of Commons urges the Government to amend the law to cover attacks on people and animals on both private and public property, to enforce Dog Control Orders, to introduce Dog Control Notices giving the authorities the power to intervene, to introduce the compulsory micro-chipping of all dogs and to promote responsible dog ownership, including training owners and dogs.

And the Petitioners remain, etc.

[P001200]

Tougher legislation on dangerous dogs

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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Paul Goggins Portrait Paul Goggins (Wythenshawe and Sale East) (Lab)
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This petition is from several hundred of my constituents who want to see tougher legislation on dangerous dogs. I want to thank members of Jade Lomas Anderson’s family for all their work in collecting signatures, and in particular my constituent Mrs Kathleen Holden, who is Jade’s grandmother. The petition is in identical terms to that presented by my hon. Friend the Member for Bolton West (Julie Hilling).

The petition states:

The Petition of residents of Wythenshawe and Sale East,

Declares that seven children and two adults have been killed by dogs since 2006, and that 6,000 admissions to hospital are caused by dog attacks each year leaving many victims scarred for life; notes that the introduction of Dog Control Notices is supported by many organisations including the Kennel Club, the Dogs Trust, RSPCA, Royal College of Nursing, British Veterinary Association and the Communication Workers Union; and believes that the Government's current proposals on dangerous dogs do not go far enough.

The Petitioners therefore request that the House of Commons urges the Government to amend the law to cover attacks on people and animals on both private and public property, to enforce Dog Control Orders, to introduce Dog Control Notices giving the authorities the power to intervene, to introduce the compulsory micro-chipping of all dogs and to promote responsible dog ownership, including training owners and dogs.

And the Petitioners remain, etc.

[P001201]

Tougher legislation on dangerous dogs

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South East) (Lab)
- Hansard - - Excerpts

I am presenting a petition in identical terms to that of my hon. Friend the Member for Bolton West (Julie Hilling). I present it on behalf of a constituent, and I pay tribute to the grandmother who collected signatures after Abigail Boyd was attacked by dogs in Farnworth.

The petition states:

The Petition of residents of Bolton,

Declares that seven children and two adults have been killed by dogs since 2006, and that 6,000 admissions to hospital are caused by dog attacks each year leaving many victims scarred for life; notes that the introduction of Dog Control Notices is supported by many organisations including the Kennel Club, the Dogs Trust, RSPCA, Royal College of Nursing, British Veterinary Association and the Communication Workers Union; and believes that the Government's current proposals on dangerous dogs do not go far enough.

The Petitioners therefore request that the House of Commons urges the Government to amend the law to cover attacks on people and animals on both private and public property, to enforce Dog Control Orders, to introduce Dog Control Notices giving the authorities the power to intervene, to introduce the compulsory micro-chipping of all dogs and to promote responsible dog ownership, including training owners and dogs.

And the Petitioners remain, etc.

[P001202]

Tougher legislation on dangerous dogs

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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Luciana Berger Portrait Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)
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I, too, present a petition on behalf of residents of the UK on dangerous dogs laws. I was very proud to deliver the petition to No. 10 Downing street this afternoon with my hon. Friend the Member for Bolton West (Julie Hilling), the parents of Jade Lomas Anderson and my constituent Angela McGlynn. Her son John Paul Massey was tragically mauled to death by a dog in 2009. The petition calls on the Government to take further action. We need to prevent these attacks from happening. Some 239 people have signed a petition in similar terms on my website.

This petition is in identical terms to that of my hon. Friend the Member for Bolton West.

The petition declares:

The Petition of residents of the UK,

Declares that seven children and two adults have been killed by dogs since 2006, and that 6,000 admissions to hospital are caused by dog attacks each year leaving many victims scarred for life; notes that the introduction of Dog Control Notices is supported by many organisations including the Kennel Club, the Dogs Trust, RSPCA, Royal College of Nursing, British Veterinary Association and the Communication Workers Union; and believes that the Government's current proposals on dangerous dogs do not go far enough.

The Petitioners therefore request that the House of Commons urges the Government to amend the law to cover attacks on people and animals on both private and public property, to enforce Dog Control Orders, to introduce Dog Control Notices giving the authorities the power to intervene, to introduce the compulsory micro-chipping of all dogs and to promote responsible dog ownership, including training owners and dogs.

And the Petitioners remain, etc.

[P001203]

Northern Ireland

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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12:33
Theresa Villiers Portrait The Secretary of State for Northern Ireland (Mrs Theresa Villiers)
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With permission, Mr Speaker, I would like to make a statement about riots in Northern Ireland. I am sure the whole House will join me in condemning that shameful violence and in expressing our profound sympathy and support for police officers who have been injured. It is also a matter of the gravest concern that the right hon. Member for Belfast North (Mr Dodds) was knocked unconscious as he tried to calm the situation on the streets of his constituency. I am certain that I speak for everyone here in wishing him well for a speedy recovery, and we all look forward to welcoming him back to his customary place very soon.

On Friday evening, following the annual 12 July parades, around 5,000 people gathered to protest against the Parades Commission determination not to allow three Orange lodges to return home past the nationalist Ardoyne area. This has been the scene of serious disorder in recent years, including shots fired at police by dissident republicans. Violence erupted as the crowd reached the police line on Woodvale road, preventing access to the route past the Ardoyne shop fronts. This has been followed by further disturbances and rioting on each night since then, mainly in the Woodvale parade/Twaddell avenue area, but also in the Newtownards road in east Belfast, Mount Vernon in north Belfast, Rathcoole in Newtownabbey, Portadown, and Ballyclare.

During these disturbances the police have come under attack from a variety of weapons, including fireworks, petrol bombs, bottles, stones, bits of masonry, iron bars and ceremonial swords. Last night, four blast bombs were thrown at police officers in east Belfast, as well as a pipe bomb improvised explosive device from Brompton park in the Ardoyne. Water cannon and AEP—attenuated energy projectile—plastic bullet rounds have been discharged on four successive nights, and 71 police officers have been injured. I am well aware of the anger felt by many people over the Parades Commission determination in relation to Ardoyne, but however strongly people feel, there can be absolutely no justification or excuse for the disgraceful behaviour we have seen in recent days. Attacks on the police are wholly unacceptable, and I condemn them without hesitation or reservation. It is also utterly disgraceful that the right hon. Member for Belfast North found himself, too, the victim of this violence.

There has been talk of attacks on British identity and culture in Northern Ireland. Well, the sort of behaviour that has been taking place in north Belfast does nothing to promote “Britishness” or the pro-Union cause; rather, it undermines it in the eyes of the overwhelming majority of people in Northern Ireland and in the rest of the United Kingdom. In fact, it is hard to think of anything less British and less patriotic than wrapping yourself in a Union flag and going out to attack the people who are there to maintain the rule of law and protect the whole community.

So now it is the responsibility of everyone with influence, including the Orange Order, community leaders and politicians, to do all we can to defuse tensions and calm the situation. We need temperate language over the coming days. I am afraid that the Orange Order needs to reflect carefully on its role in encouraging mass protests on Friday in a highly volatile situation without the careful planning, stewarding and engagement with the police that is so important for keeping people safe when big crowds gather together. While the Orange Order’s announcement of the suspension of its protests was welcome, it is now time for it to call them off completely.

I would like to pay tribute to the outstanding work of the Police Service of Northern Ireland over recent days. The officers have demonstrated fortitude, determination and courage in defending the rule of law. They put their own safety on the line in the face of violent attacks, and they deserve our utmost praise, support and thanks, as do the police officers from Great Britain who provided mutual aid support. I would like to commend the leadership of Chief Constable Matt Baggott and Justice Minister David Ford. I know that meticulous planning took place to ensure that everything possible was done to try to keep people safe over the weekend of 12 July, including bringing approximately 1,000 mutual aid officers from Great Britain.

Of the 4,000 or so parades that take place annually in Northern Ireland, the vast majority pass off without major problems, including hundreds on 12 July. But any rioting is unacceptable, not least because it undermines efforts to secure economic recovery for Northern Ireland and because it makes competing in the global race for jobs and investment that much more difficult.

The way forward has to be through dialogue to find sustainable local solutions to contentious parades, as has been the case, for example, in Derry/Londonderry. I welcomed the talks that took place between members of the Orange Order and Ardoyne residents before the Parades Commission determination. I know how difficult this will be after what has happened, but I believe it is vital that that local dialogue continues. I also welcome the inclusion of parading in the remit of the Executive’s all-party working group and the appointment of the distinguished US former envoy to Northern Ireland, Richard Haass, to chair it. The Government have always made it clear that we are open to a devolved solution if one can be found, but in the meantime we will not tolerate lawlessness on the streets of Belfast any more than we would in any other UK city.

Last week in this Chamber, issues were raised regarding my powers in relation to Parades Commission determinations. Those powers are set out in the Public Processions (Northern Ireland) Act 1998. Section 9 states that I can review a determination made by the Parades Commission only following a request by the Chief Constable. The reason he has not made such a request is that at all times he has been confident that the officers under his command can police the situation. I fully share that confidence.

To those on the streets over recent days taking part in this violence, I say this: so far 60 arrests have been made and emergency courts were sitting at Laganside on Sunday to accelerate the criminal justice process, but that is just the start. No stone will be left unturned in building the case needed for more arrests and more criminal convictions. Those who engage in so-called recreational rioting and attacks on police officers can expect to face the full force of the law.

I am confident that for some that will mean that the next 12 July holiday will be spent not out in the sunshine following the parades, but locked up in prison living with the consequences of the crimes they have committed. I commend this statement to the House.

12:40
Lord Coaker Portrait Vernon Coaker (Gedling) (Lab)
- Hansard - - - Excerpts

I thank the Secretary of State for her usual courtesy in giving me advance sight of her statement. I also thank her and her officials for keeping me and my office updated over the course of the weekend. That was very much appreciated and in the best traditions of bipartisanship.

I welcome the Secretary of State’s statement. It is right that the House has the opportunity to discuss these important matters.

I unequivocally condemn the violence that has taken place in Belfast over the past number of days and nights. There is no justification for it. The disgraceful attacks on the police have resulted in dozens of injuries, and the very deliberate attempt to murder officers by throwing blast bombs at them last night was shameful. It is also a matter of huge regret and concern that the right hon. Member for Belfast North (Mr Dodds) was also hurt. We wish him well.

I join the Secretary of State in paying tribute to the PSNI and its colleagues from other UK forces for their bravery and determination in upholding the law. Will she update us on the status of injured officers? Are any still receiving treatment? How many have returned to duty? Will she also tell us how many are PSNI officers and how many are from other UK forces? Is she able to say how many mutual aid officers are still undertaking duties in Northern Ireland, and how long she expects that to continue?

We know that the costs of policing large-scale public order incidents can be high. Does the Secretary of State have an estimate of how much the policing operations have cost to date, and who will meet that cost? Will it be her Department, the Department of Justice or a combination of the two?

There is always concern at the involvement of paramilitaries in or on the margins of contentious parades and protests. Has the Secretary of State looked at who was involved and who is being arrested? Is there any indication that loyalist paramilitaries or dissident republicans have organised or taken part in any of the violence?

The origins of the appalling scenes we have witnessed lie in a dispute about parading. We have been here before. Does the Secretary of State agree that meaningful dialogue and working towards local agreement is the key to finding a solution? It has worked well in other places, as she has said. The Orange Order held a peaceful, enjoyable and colourful celebration of 12 July as part of the UK city of culture celebrations in Derry/Londonderry. That was able to happen because of dialogue and communication between neighbours in an atmosphere of mutual respect and good will.

Will the Secretary of State update the House on what discussions she has had with the First and Deputy First Ministers, the Orange Order, residents’ associations, and local political and civic representatives over the weekend? Does she agree that, as Secretary of State, she has an important role to play in having further discussions over the coming weeks in north and east Belfast? As well as condemning the violence that has already taken place, does the Secretary of State agree that we need to work together to ensure it ends and does not occur in the future and to address some of the causes of these problems?

My view is that the British and Irish Governments still have a hugely significant role to play in helping to resolve all these issues. Does the Secretary of State agree that they should both be involved in the talks convened by the First Minister and Deputy First Minister, which are being facilitated by Richard Haass? Will she confirm that the Northern Ireland Office is working with the Office of the First Minister and Deputy First Minister on that, and has she discussed it, or will she discuss it, with the Tanaiste?

In conclusion, it is crucial to bring people together to look at what needs to happen now to prevent a repeat of what has happened over the weekend, when a disagreement that was not addressed led to significant tensions between communities and ended in unacceptable violence. What part can the Secretary of State play in the discussions that need to take place?

The main message that I and, I think, the House want to send is this: we encourage all those who are working to find a solution to these matters to keep going, to keep talking and not to give up. I say to those who are involved in parading and protesting, Unionist and nationalist, that respecting the law, respecting their neighbour and respecting the wishes of people right across the community to live in peace is the only way forward. That has been done in other places across Northern Ireland and it can be done in Belfast.

Theresa Villiers Portrait Mrs Villiers
- Hansard - - - Excerpts

I very much welcome the comments of the shadow Secretary of State and particularly his joining me in condemning the violence. He is right to identify some of the attacks as deliberate attempts to murder police officers, which is utterly unacceptable and shocking. I will run through his long list of questions.

On the gravity of the injuries, the last update that I received was that overall, the injuries were not serious, although some police officers have been hospitalised. All those who were hospitalised as a result of the riots on 12 July were released from hospital fairly soon afterwards. I am not quite sure of the position on all the injuries that occurred last night, but my impression from my conversation with the Chief Constable this morning is that, thankfully, the injuries are again not of a serious nature. On the distribution of the injuries between mutual aid officers and PSNI officers, the figure for mutual aid officers over the weekend was two. Again, it is not clear whether any mutual aid officers were among those who were injured last night.

On the number of mutual aid officers, about 1,000 have been deployed over the past few days. Some will be going home and fresh mutual aid officers will be coming to Northern Ireland to provide assistance, so the numbers are relatively flexible. The Chief Constable is ensuring that he has the necessary resources.

The cost of the policing operation falls on the Department of Justice. Another damaging consequence of the events of recent days is that they put more pressure on police budgets.

The PSNI will naturally investigate what evidence there is of the involvement of the paramilitaries and assess who needs to be arrested. There has been a claim of responsibility from Oglaigh na hEireann in relation to the pipe bomb improvised explosive device that was thrown from the Ardoyne at police officers.

I agree that meaningful dialogue is the way forward. I have had a range of conversations on parading matters over recent months with residents’ groups, the Orange Order, the First and Deputy First Ministers, and other leading members of Northern Ireland’s political establishment. The Northern Ireland Office also sponsored a conference at Cardiff to promote dialogue and to keep people in touch with the police and one another in an attempt to defuse tensions in such situations.

I have had a number of conversations with the Tanaiste about the current situation and about a way forward, for example through the Richard Haass working group. I look forward to supporting the Executive in respect of the work of that group in whatever way they request.

Laurence Robertson Portrait Mr Laurence Robertson (Tewkesbury) (Con)
- Hansard - - - Excerpts

I condemn the violence of the past few nights, for which, as the Secretary of State has said, there can be no excuse. I pay tribute to the brave men and women of the PSNI who risk their lives every day to try to keep the peace. I extend my best wishes to the right hon. Member for Belfast North (Mr Dodds), whom I saw on the morning of 12 July at the Ardoyne. He was doing his best to maintain peace and calm in that area when there was something of a difficult situation, seemingly caused by the determination of the Parades Commission.

I was at several other places in Belfast on Thursday night and on Friday. With the exception of the Ardoyne in the morning, among the thousands of people I saw celebrating, there was not a single problem. Does the Secretary of State agree that the trouble has been caused by a very few people who were determined to cause trouble from the outset? Does she agree that those people in no way represent the good and decent people of Northern Ireland?

Theresa Villiers Portrait Mrs Villiers
- Hansard - - - Excerpts

I agree that we should in no way judge the people of Northern Ireland by the actions of the disgraceful minority who have brought violence to its streets. I acknowledge that many thousands of people on the streets on 12 July were there just to celebrate a cultural event. They caused no problems whatever and were not remotely involved in the violence that followed later in the evening.

None Portrait Several hon. Members
- Hansard -

rose—

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Order. Before I call the right hon. Member for Lagan Valley (Mr Donaldson), I too wish a full and speedy recovery to the right hon. Member for Belfast North (Mr Dodds). I think I speak for colleagues in saying that we look forward to welcoming him back to his place before very long.

Jeffrey M Donaldson Portrait Mr Jeffrey M. Donaldson (Lagan Valley) (DUP)
- Hansard - - - Excerpts

Thank you for those kind words, Mr Speaker. I am sure that my right hon. Friend the Member for Belfast North (Mr Dodds) will have heard them as he recovers this afternoon. I also thank the Secretary of State, the Opposition spokesman, the Chairman of the Select Committee, the hon. Member for Tewkesbury (Mr Robertson), and all hon. Members who have spoken to me and my colleagues in recent days for their kind comments. I am confident that my right hon. Friend will be back with us before long.

We on this side of the House unequivocally condemn the violence that has occurred in recent days, and in the past, on the whole issue of parades. No violence can be justified in these circumstances. We stand firmly for the rule of law. Does the Secretary of State agree that it is important that the rule of law is applied fairly and impartially, and that whether it is a loyalist rioter or a Sinn Fein MLA obstructing the police in the course of their duty, the law must be applied equally, fairly and impartially?

We pay tribute to the police officers who have been injured and wish them a speedy recovery. We support the police, just as we support the rule of law. We do, however, have issues regarding the consistent lack of intervention by the police in the Short Strand area of east Belfast, where they have failed to protect people lawfully processing on the public highway. We need to examine why adequate protection is not afforded to those parading peacefully and lawfully. That is not, in any sense, to condone violence resulting from people being put under attack.

We have grave concerns about the operation of the Parades Commission. There is no doubt that the clear perception among many people in Northern Ireland is that the decision on the Ardoyne parade rewarded the violence of the previous year, to which the Secretary of State alluded in her remarks. That violence included dissident republicans opening fire on the police in the Ardoyne, and a huge of amount of petrol bombs and other devices being thrown at the police. We must not have a situation, in any circumstances, where violence is seen to be rewarded.

Finally, on the all-party working group, in which I have been asked to participate on behalf of my party, we are committed to finding ways forward on all of these contentious issues, including parades. However, may I say to the Secretary of State that if a shared future is to mean anything, it has to include shared space? If we have a situation in Northern Ireland where there are no-go areas, where one side of the community is not welcome, that is not a shared future and not shared space.

Theresa Villiers Portrait Mrs Villiers
- Hansard - - - Excerpts

I reiterate my sympathies to the right hon. Member for Belfast North, who was doing such brave work to try to look after his constituents and found himself the victim of unacceptable violence. Of course I agree with the right hon. Member for Lagan Valley (Mr Donaldson) that the rule of law should be applied impartially, and I am absolutely convinced that the PSNI does that. I note his comments on what he perceives as the handling of the Short Strand area. Again, I hope I can provide reassurance that proportionality and fairness is at the heart of everything the PSNI does, whether in Short Strand or elsewhere. I note his comments on the Parades Commission. As I said, I understand the concerns about its decision, and I know that the debate continues on the future of the Parades Commission. I think the way forward to resolve these problems is through local dialogue, but channelling efforts, enthusiasm and energy into looking at options for future reform through the Richard Haass working group is also an important way forward. I also agree that in a shared future we need shared space. We need to find a way to ensure that different traditions can be celebrated in an atmosphere of mutual respect and understanding.

Bob Stewart Portrait Bob Stewart (Beckenham) (Con)
- Hansard - - - Excerpts

Obviously, and thankfully, the Army was not called in to support the PSNI. May I ask my right hon. Friend whether there remains an infantry unit in theatre that could do such a role if required?

Theresa Villiers Portrait Mrs Villiers
- Hansard - - - Excerpts

I believe that it is inconceivable that we would see the Army back on the streets of Northern Ireland dealing with public order issues.

Lord Hain Portrait Mr Peter Hain (Neath) (Lab)
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May I associate myself with the Secretary of State’s statement? Anybody who has done her job will know its difficulties. However, may I press her to be more directly engaged, despite the meetings she has had, with the different groups that are very sensitive on this issue: from the Orange Order to republican groups, dissident groups and loyalist groups? There is a feeling in Northern Ireland, fairly or unfairly, that she is not rolling up her sleeves enough and getting people around the table. Is the Parades Commission perhaps being too aloof and legalistic in the way it is proceeding? It, too, needs to get into the negotiation business and not simply make determinations.

Theresa Villiers Portrait Mrs Villiers
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I assure the right hon. Gentleman that I have been engaged in a whole range of discussions with the Orange Order, residents’ associations and a long list of people involved in these matters. I got the Northern Ireland Justice Minister, the PSNI and the Parades Commission around the table to talk about these issues. As far I am aware, that has never happened before. All of that took place in the months running up to 12 July —there was not a last-minute series of meetings immediately before the parades that has sometimes happened in the past. I am always keen to roll up my sleeves to get involved and do whatever I can. The reality is that this remains an extremely difficult problem to resolve, but I will be doing my very best, working with Northern Ireland politicians.

Stephen Lloyd Portrait Stephen Lloyd (Eastbourne) (LD)
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I would also like to express my support and appreciation for the Secretary of State’s statement, and my party’s concern for the right hon. Member for Belfast North (Mr Dodds). I would like to make two points. First, the police have been through a brutal time over the weekend. As usual, the PSNI has performed absolutely superbly and I wish to express my party’s support for the courage and behaviour of the police. Secondly—the Secretary of State alluded to this in her statement—have the Government made a formal point to the relevant Orange Order to ask whether it sincerely feels in its heart that it helped or hindered events over the weekend?

Theresa Villiers Portrait Mrs Villiers
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I hope that the Orange Order is reflecting on the scenes of violence—they do not help any cause. They certainly do not assist the cause of cultural tolerance, and they certainly do not make it easy to resolve the matter next year in a way that is acceptable to all sides.

Baroness Ritchie of Downpatrick Portrait Ms Margaret Ritchie (South Down) (SDLP)
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In condemning the violence right across Belfast and in other parts of Northern Ireland, and in extending best wishes to the right hon. Member for Belfast North (Mr Dodds), may I ask the Secretary of State whether she agrees that the responsibility for the violence and disorder lies with the perpetrators rather than the lawful authority of the Parades Commission? Does she further agree that the violence stems from anger, and that that anger stems from rhetoric used by certain members of the loyal orders and certain members of the Unionist parties? Will she, along with me, urge them to desist from making such comments, so that a shared society can be built throughout Northern Ireland?

Theresa Villiers Portrait Mrs Villiers
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I agree that the people responsible for the violence are the perpetrators: the people chucking petrol bombs and attacking the police in this disgraceful way. It is important that, in the coming days, all of us who care about Northern Ireland seek to calm the situation and that a lead be given by the Orange Order. Northern Ireland’s political leadership has made it clear that it wants the situation calmed and that it condemns the violence, so I hope that the people on the streets will heed that call and realise that the violence is hugely damaging to Northern Ireland and does not support any cause. It is time for the debate about parades to come off the streets and to be channelled into a political process.

Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
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Does the Secretary of State believe that the level of disorder and the number of injuries to police officers would have been greater had it not been for the effective deployment of water cannon? Given that hundreds of police officers from Great Britain have now seen how this equipment can be effectively deployed, will she share her assessment of its use with the Home Secretary, so that water cannon can be deployed in Great Britain to deal with future public order disturbances on the mainland?

Theresa Villiers Portrait Mrs Villiers
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I am inclined to agree that without the ability to deploy water cannon, there could have been more injuries to police officers. I am certainly happy to share with the Home Secretary the experience in Northern Ireland of deploying water cannon, if she would like me to do that.

Naomi Long Portrait Naomi Long (Belfast East) (Alliance)
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I join the Secretary of State in condemning those engaged in violence, whether in seeking to breach a determination or in attacking lawful parades, thereby providing a further challenge to the rule of law and causing further damage to Northern Ireland’s reputation. I also extend my best wishes to the right hon. Member for Belfast North (Mr Dodds).

My primary concern is both for my constituents living in the areas affected—on the Newtonards road and in the Short Strand—whose lives are put at risk, who are terrified in their homes and whose neighbourhoods are left like war zones in the aftermath of these riots, and for the police who must protect the public and uphold the law in difficult circumstances. Does the Secretary of State agree that until such time as an agreement on an alternative to the Parades Commission is agreed by all parties in Northern Ireland, that body remains the lawful authority in these matters and that its rulings must be upheld—no ifs, no buts—if law and order is not to be undermined more generally?

Theresa Villiers Portrait Mrs Villiers
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The hon. Lady is absolutely right. The Parades Commission is the lawfully constituted authority; its determinations must be obeyed and the rule of law must be respected. Visiting her constituency, I saw the devastating impact that disorder had during the flags protest, and I know that the continuation of violence over recent days is deeply depressing for her constituents, not least for the businesses whose trade is disrupted.

Nigel Mills Portrait Nigel Mills (Amber Valley) (Con)
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While not condoning the violence over the weekend, does the Secretary of State not agree that there is a fear that the Parades Commission ruling placed the police in an impossible situation, having to police an unpoliceable order, and that with hindsight it might have been better to use the mechanism in place for exceptional circumstances to try to find a solution for the march that was acceptable to all sides?

Theresa Villiers Portrait Mrs Villiers
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As I said in my statement, the PSNI was confident at all times that it could police whatever determination the Parades Commission made, and in those circumstances it was not appropriate and my powers to intervene were not triggered.

Gregory Campbell Portrait Mr Gregory Campbell (East Londonderry) (DUP)
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I thank you, Mr Speaker, and other hon. Members for their best wishes, which I shall pass on to my right hon. Friend the Member for Belfast North (Mr Dodds).

The Secretary of State has indicated the reprehensible nature of the violence and the attacks on police and property, which we all condemn outright and without reservation. She must now ensure that comprehensive discussions take place immediately—not next May or June, but immediately—to resolve all outstanding parades involving protests and violence. She also needs to engage with the Office of the First Minister and Deputy First Minister to ensure that marginalised and embittered communities see more investment and jobs in their areas so that they do not get caught up in violence.

Theresa Villiers Portrait Mrs Villiers
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I agree that comprehensive discussions are needed on issues such as parading, which is why I welcomed the establishment of the Haass group. As I said, I am happy to help in whatever way I can, and yes I am working closely with the First Minister and Deputy First Minister on the kind of economic measures needed to boost the economy in Northern Ireland, including through our economic package, which I hope will help the people in those deprived communities.

David Tredinnick Portrait David Tredinnick (Bosworth) (Con)
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Does my right hon. Friend agree that it makes it more difficult for law enforcement agencies if parade routes are changed at short notice? We need the maximum possible notice.

Theresa Villiers Portrait Mrs Villiers
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Certainly, for those organising big events, whether in Northern Ireland or elsewhere, advance planning is crucial to keeping people safe.

Paul Goggins Portrait Paul Goggins (Wythenshawe and Sale East) (Lab)
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The Secretary of State has made several references to the all-party talks under Richard Haass looking into a range of contentious issues, including parading. Will she take this opportunity to emphasise the importance of all those involved, including the Orange Order, engaging in a serious search for solutions, not simply blocking proposals, as happened after the Hillsborough Castle agreement?

Theresa Villiers Portrait Mrs Villiers
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Yes, I will. It is important that the loyal orders, including the Orange Order and the Royal Black Institution, engage. As well as the Richard Haass process, the Cardiff process is continuing, following on from the conference sponsored by the Northern Ireland Office, as a way to try and defuse tensions and reduce the risk of violence occurring at individual parades.

Andrew Stephenson Portrait Andrew Stephenson (Pendle) (Con)
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It is worth remembering, and respecting the fact, that in the main Orangemen and women do not come out to annoy Catholics and that the majority of parades over the weekend, including the one that I observed, passed without incident. It is clear, however, that parades remain the rawest of issues and that the scenes in Belfast were an utter disgrace. My right hon. Friend the Secretary of State said that about 1,000 officers from England, Wales and Scotland were involved over the weekend. Can she confirm that the same number, and more, remain available to assist if trouble flares up again in the coming days?

Theresa Villiers Portrait Mrs Villiers
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Yes, I can assure my hon. Friend that conversations about our mutual aid presence in Northern Ireland are continuing, and the Chief Constable is confident that he can secure the mutual aid resources he will need over the coming days.

Mark Durkan Portrait Mark Durkan (Foyle) (SDLP)
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I thank the Secretary of State for her statement, which I regret she had to make, and commend the comments from the shadow Secretary of State.

Does the Secretary of State agree that if there is rent-a-rant leadership, people cannot escape responsibility for rent-a-mob violence? She referred, rightly, to the positive example on Friday of the Orange Order having its parade in the city of Derry, where it was accepted and respected, but does she understand that the dialogue model used there did not deliver immediately but took purpose and patience? Wider civic and commercial interests were able—and often required—to weigh in to ensure a wider perspective. Will she encourage the Haass dialogue to provide a channel for those wider civic and commercial interests as well?

Theresa Villiers Portrait Mrs Villiers
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I am happy to do that. The business community made it clear that it wanted a peaceful 12 July weekend. I continue to encourage the business community to engage on these matters for the same reasons that the hon. Gentleman outlines: because they played such a positive role in Derry/Londonderry. I also agree that a sustainable local solution will not be found in just a few days, but will require further work. I hope that the Orange Order and the residents will continue the conversation they started; at the time, both sides said it was positive.

David Simpson Portrait David Simpson (Upper Bann) (DUP)
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I join other right hon. and hon. Members in condemning the violence. The Secretary of State mentioned community engagement. She will know that in my constituency the Orange Order stages a weekly protest—and has done for 13 years —because the residents of the Garvaghy road will not engage on trying to resolve the issue. Community engagement is one of the big problems; that cannot be allowed to continue.

Theresa Villiers Portrait Mrs Villiers
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It is important for both sides to engage, certainly in relation to the Ardoyne. I hope that the resident group and the loyal orders will be willing to continue the conversation.

Baroness Hoey Portrait Kate Hoey (Vauxhall) (Lab)
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The Secretary of State will know that last year the Parades Commission allowed the Orange Lodges to return through the Ardoyne in buses, but that they were attacked and shots were fired. No statement was made in the House and the genuine perception was that the violence was rewarded, because this year the Orange Lodges were not allowed to follow the same route. Does she share my concern about the make-up and working of the Parades Commission? Is it not time to face reality—it is not working? There must be a different way of doing this; certainly, the Parades Commission is not the answer.

Theresa Villiers Portrait Mrs Villiers
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As I have said, I am aware of the concern felt about the determination, but it has the force of law. Determinations have to be respected, regardless of people’s view of the Parades Commission and the way decisions are taken. However, I am also clear that I am open to reform of the way those decisions are taken if local consensus can be achieved. I look forward to working with the Executive on those matters when the Haass group starts its work.

Kevin Brennan Portrait Kevin Brennan (Cardiff West) (Lab)
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In many ways, it was appropriate that the conference was held in Cardiff, given that anyone who has visited Belfast and Cardiff will know the similarities, in terms of maritime history, architecture and the friendly nature of all the people in both cities. Will the Secretary of State recommit to the statement that came out of the conference, which said:

“We commit to resolve our differences through dialogue and non-violent means, underpinned by the principles of equality, inclusiveness, respect for difference, and non-discrimination”?

Theresa Villiers Portrait Mrs Villiers
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Yes, I am entirely happy to associate myself with that statement, and I hope that we hear that message coming out clearly from across Northern Ireland’s political and civic leadership over the coming days.

Tougher legislation on dangerous dogs

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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Kate Green Portrait Kate Green (Stretford and Urmston) (Lab)
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I am pleased to present a petition on behalf of citizens of the United Kingdom, including residents of my constituency, in identical terms to the petition presented by my hon. Friend the Member for Bolton West (Julie Hilling), calling for tougher legislation on dangerous dogs.

The petition states:

The Petition of residents of Stretford and Urmston,

Declares that seven children and two adults have been killed by dogs since 2006, and that 6,000 admissions to hospital are caused by dog attacks each year leaving many victims scarred for life; notes that the introduction of Dog Control Notices is supported by many organisations including the Kennel Club, the Dogs Trust, RSPCA, Royal College of Nursing, British Veterinary Association and the Communication Workers Union; and believes that the Government’s current proposals on dangerous dogs do not go far enough.

The Petitioners therefore request that the House of Commons urges the Government to amend the law to cover attacks on people and animals on both private and public property, to enforce Dog Control Orders, to introduce Dog Control Notices giving the authorities the power to intervene, to introduce the compulsory micro-chipping of all dogs and to promote responsible dog ownership, including training owners and dogs.

And the Petitioners remain, etc.

[P001204]

Hospital Mortality Rates

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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13:10
Jeremy Hunt Portrait The Secretary of State for Health (Mr Jeremy Hunt)
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I would like to make a statement about Professor Sir Bruce Keogh’s review of hospitals with high mortality rates, which is being published today.

Let me start by saying that in the health service’s 65th year, this Government are deeply proud of our NHS. We salute the doctors, nurses and other professionals, who have never worked harder to look after each and every one of us at our most vulnerable. We recognise that the problems identified today are not typical of the whole NHS or of the care given by many wonderful NHS staff; but those staff are the ones who are most betrayed when we ignore or pass over poor care. The last Government left the NHS with a system that covered up weak hospital leadership—[Interruption.]

John Bercow Portrait Mr Speaker
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Order. As is the normal practice, right hon. and hon. Members can expect extensive questions—as can the Secretary of State—but the statement must be heard.

Jeremy Hunt Portrait Mr Hunt
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Thank you, Mr Speaker. The last Government also failed to prioritise compassionate care. The system’s reputation—[Interruption.] This is uncomfortable for hon. Members. The system’s reputation mattered more than individual patients; targets mattered more than people. We owe it to the 3 million people who use the NHS every week to tackle and confront abuse, incompetence and weak leadership head-on.

Following the Francis report into the tragedy at Mid Staffs, the Prime Minister asked Professor Sir Bruce Keogh, the NHS medical director, to conduct a series —Interruption.] I know they tried to shout down whistleblowers such as Julie Bailey, but we are not going to let that happen here. The Prime Minister asked Professor Keogh to conduct a series of “deep-dive” reviews of other hospitals with worrying mortality rates. No statistics are perfect, but mortality rates suggest that since 2005, thousands more people may have died than would normally be expected at the 14 trusts reviewed by Sir Bruce.

Worryingly, in half those trusts, the Care Quality Commission—the regulator specifically responsible for patient safety and care—failed to spot any real cause for concern, rating them as “compliant” with basic standards. Each of those trusts has seen substantial changes to its management since 2010, including a new chief executive or chair at nine of the 14. However, although some have improved, failure or mediocrity is so deeply entrenched at others that they have continued to decline, making the additional measures I am announcing today necessary.

This time, the process was thorough, expert-led and consisted of planned, unannounced and out-of-hours visits, placing particular weight on the views of staff and patients. Where failures were found that presented an immediate risk to patients, they were confronted straight away, rather than waiting until the report was finished. We will be publishing all the reports today, alongside unedited video footage of the review panel’s conclusions—all of which I am placing in the Library. Today I will also set out the actions the Government are taking to deal with the issues raised. I would also like to record my sincere thanks to Sir Bruce and his team for doing an extremely difficult job very thoroughly and rapidly.

Sir Bruce judged that none of the 14 hospitals is providing a consistently high quality of care to patients, with some very concerning examples of poor practice. He identified patterns across many of them, including professional and geographic isolation, failure to act on data or information that showed cause for concern, the absence of a culture of openness, a lack of willingness to learn from mistakes, a lack of ambition, and ineffectual governance and assurance processes. In some cases, trust boards were shockingly unaware of problems discovered by the review teams in their own hospitals. Today I can therefore announce that 11 of the 14 hospitals will be placed into special measures for fundamental breaches of care. In addition, the NHS Trust Development Authority and Monitor have today placed all 14 trusts on notice to fulfil all the recommendations made by the review. All will be inspected again within the next 12 months by the new chief inspector of hospitals, Professor Sir Mike Richards, who starts work today.

The hospitals in special measures are as follows: Tameside Hospital NHS Foundation Trust, where patients spoke of being left on unmonitored trolleys for excessive periods and where the panel found a general culture of “accepting sub-optimal care”; North Cumbria University Hospitals NHS Trust, where the panel found evidence of poor maintenance in two operating theatres, which were closed immediately; Burton Hospitals NHS Foundation Trust, where the panel found evidence of staff working for 12 days in a row without a break; and North Lincolnshire and Goole NHS Foundation Trust, where the panel identified serious concerns in relation to out-of-hours stroke services at Diana, Princess of Wales hospital. The panel also witnessed a patient who was inappropriately exposed where both male and female patients were present. [Interruption.]

The list continues: United Lincolnshire Hospitals NHS Trust, where there were a staggering 12 “never events” in just three years and the panel had serious concerns about the way “Do not attempt resuscitation” forms were being completed; Sherwood Forest Hospitals NHS Foundation Trust, where patients told of being unaware of who was caring for them, and of buzzers going unanswered and poor attention being paid to oral hygiene; East Lancashire Hospitals NHS Trust—[Interruption.]

John Bercow Portrait Mr Speaker
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Order. We cannot have a running commentary on the statement as it is delivered. I remind the House that last Wednesday—when there were scenes of grave disorder manifested by Members on both sides of the House—the public reaction to that exceptionally bad behaviour was understandably negative. I appeal to right hon. and hon. Members on both sides of the Chamber to show courtesy and restraint. They can rely upon me to protect their interests—if they were here on time for the statement—to question the Secretary of State, but the statement must be heard.

Jeremy Hunt Portrait Mr Hunt
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The panel also highlighted issues of poor governance, inadequate staffing levels and high mortality rates at weekends at East Lancashire Hospitals NHS Trust. Patients and their families complained of a lack of compassion and being talked down to by medical staff whenever they expressed concerns.

The remaining hospitals in special measures are as follows: Basildon and Thurrock University Hospitals NHS Foundation Trust, where there were seven “never events” in three years and concerns over infection control and overnight staffing levels; George Eliot Hospital NHS Trust, where the panel identified low levels of clinical cover, especially out of hours, a growing incidence of bed sores and too much unnecessary shifting of patients between wards; Medway NHS Foundation Trust, where a public consultation heard stories of poor communication with patients, poor management of deteriorating patients, inappropriate referrals and medical interventions, delayed discharges and long accident and emergency waiting times; and Buckinghamshire Healthcare NHS Trust, where the panel found significant shortcomings in the quality of nursing care relating to patient medication, nutrition and observations, and heard complaints from families about the way patients with dementia were treated.

For those 11 trusts, special measures mean that each hospital will be required to implement the recommendations of the Keogh review, with external teams sent in to help them do this. Their progress will be tracked and made public. The TDA or Monitor will assess the quality of leadership at each hospital, requiring the removal of any senior managers unable to lead the improvements required. Each hospital will also be partnered with a high-performing NHS organisation to provide mentorship and guidance in improving the quality and safety of care.

Three of the 14 hospitals are not going into special measures. They are the Colchester Hospital University NHS Foundation Trust, the Dudley Group NHS Foundation Trust and the Blackpool Teaching Hospitals NHS Foundation Trust. Although there were still concerns about the quality of care provided, Monitor has confidence that the leadership teams in place can deliver the recommendations of the Keogh review and will hold them to account for doing so.

This is a proportionate response in line with the findings of the review. Inevitably, there will be widespread public concern not just about these hospitals but about any NHS hospital, and some have chosen to criticise me for pointing out where there are failures in care, but the best way to restore trust in our NHS is transparency and honesty about problems, followed by decisiveness in sorting them out. The public need to know that we will stop at nothing to give patients the high-quality care they deserve for themselves and their loved ones. Today’s review and the rigorous actions that we are taking demonstrate the progress this Government are making in response to the Francis report. I shall update the House in the autumn on all of the wide-ranging measures that we are implementing, when the House will be given a chance to debate them in Government time.

The NHS exists to provide patients with safe, compassionate and effective care. In the vast majority of places it does just this, and we should remember that there continues to be much good care even in the hospitals reviewed today. Just as we cannot tolerate mediocre or weak leadership, we must not tolerate any attempts to cover up such failings. It is never acceptable for Government Ministers to put pressure on the NHS to suppress bad news, because in doing so they make it less likely that poor care will be tackled.

We have today begun a journey to change this culture. These 14 failing hospital trusts are not the end of the story. Where there are other examples of unacceptable care, we will find them and we will root them out. Under the new rigorous inspection regime led by the chief inspector of hospitals, if a hospital is not performing as it should, the public will be told. If a hospital is failing, it will be put into special measures with a limited time period to sort out its problems. There will be accountability, too: failure in the NHS should never be a consequence-free zone, so we will stop unjustified pay-offs and ensure it will no longer be possible for failed managers to get new positions elsewhere in the system.

Hand in hand with greater accountability, there will be greater support. Drawing inspiration from education, where super-heads have helped to turn around failing schools, I have asked the NHS Leadership Academy to develop a programme that will identify, support and train outstanding leaders. We have many extraordinary leaders such as David Dalton in Salford Royal and Dame Julie Moore of University hospital Birmingham, but we need many more to provide the leadership required in our weaker hospitals.

At all times, this Government will stand up for hard-working NHS staff and patients who know that poor care and weak leadership have no place in our NHS. It was set up 65 years ago with a pledge to provide us all with the best available care, and I am determined that the NHS will stand by that pledge. We owe its patients nothing less. I commend this statement to the House.

13:23
Andy Burnham Portrait Andy Burnham (Leigh) (Lab)
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First, let me join the Secretary of State in thanking Sir Bruce Keogh and his team for this important review. Having worked closely with Sir Bruce, I know him well and have the utmost respect for him. His review presents a challenging but accurate picture of care standards and failings at the 14 trusts. As with both Francis reports, we accept the findings of this report in full.

The statement we have just heard, however—the partisan statement—was not worthy of the excellent report that Sir Bruce has delivered today. The Health Secretary claimed at Health questions that this was a historical report, all about the past and the last Government. Well, I have got news for him: it is not. Trusts were identified on the basis of mortality data for 2011 and 2012. This report is about the right hon. Gentleman’s Government and failings that are happening now on this Government’s watch.

Anyone who supports the NHS must always be prepared to shine a spotlight on its failings, so it can face up to them and improve. In so doing, we must be fair to staff and the NHS as a whole. I am pleased to say that Sir Bruce is fair in his report. He says early in the report that the failings of the 14 hospitals must be put in context, stating that mortality in “all NHS hospitals” has been falling over the last decade by about 30%. He rightly reminds us of

“decades of neglect in the NHS in the 1980s and 1990s”,

and he speaks of the challenge facing the last Government in their early days. The key issue, he said,

“was not whether people were dying in our hospitals avoidably, but that they were dying whilst waiting for treatment.”

The last Labour Government dealt with that issue; I am proud of it and we are proud of our record on the NHS.

The balanced picture presented in this report is not recognisable from the Government briefing appearing in the weekend newspapers. In fact, this report exposes one of the more cynical spin operations of recent times. Nowhere in this report does the claim of 13,000 avoidable deaths appear. Sir Bruce is clear, so let me quote him directly:

“However tempting it may be, it is clinically meaningless and academically reckless to use such statistical measures to quantify actual numbers of avoidable deaths”,

but that is precisely what this Government chose to do in advance of this report. They made unfounded claims, which will have alarmed people in the areas served by the 14 hospitals, and they have questioned the integrity of the staff working in those hospitals in difficult circumstances—and all for their own self-serving political ends. That is simply unworthy of any responsible Government. On reading this review, the diversionary spin operation now makes sense because it reveals evidence of deterioration at all 14 hospitals on their watch.

Let me turn to one of Sir Bruce’s central findings—unsafe staffing. One of the report’s major concerns is that trusts have allowed staffing levels to drop to dangerously low levels. It says:

“When the review teams visited the hospitals, they found frequent examples of inadequate numbers of nursing staff in some ward areas.”

Already, the review team has had to intervene on staffing levels in three trusts to protect patient safety.

The Secretary of State claimed in his comments that the Care Quality Commission had failed to spot any problems. Working with the CQC during the last Government, I left in place warnings about five of these hospitals. The Secretary of State claims that we were covering up, so let me answer on the question of Ministers’ integrity and cite the Francis report, which said that there was no evidence that any Minister received or ignored advice that would have led to safe outcomes. Let me quote to him from a letter sent by Baroness Young to the Prime Minister yesterday:

“CQC was not pressurised by the previous Government to tone down its regulatory judgments or to hide quality failures.”

It is outrageous for the Secretary of State to come to the House today and repeat those concerns without a shred of evidence to back them up.

Five of the trusts examined by Keogh had warnings in place, and it is shocking that they have been allowed to cut staff to unsafe levels on this Government’s watch. Overall, seven of the trusts in the review have cut front-line staff by a shocking 1,117. The great sadness is that it appears Ministers are in danger of forgetting the lessons of Stafford, where Robert Francis identified “dangerous cuts” to the front line as a primary cause of care failures. Like Robert Francis, Sir Bruce makes recommendations on appropriate staffing levels. Is it not the case that the Secretary of State can no longer ignore these authoritative calls, and will he take urgent action on safe staffing levels in these 14 trusts and across the NHS? Will he accept that the loss of over 4,000 nursing jobs that has now been laid bare under this Government is a monumental mistake, while £3 billion has been siphoned out of the NHS front line to pay for reorganisation that nobody wanted and nobody voted for?

Let me turn to A and E performance, the barometer of the health service and a wider indication of problems across hospitals. The report highlights major failings in A and E at many of the trusts and we know that the NHS has just come through the worst winter for a decade. At the end of last year, all 14 trusts were in breach of the Government’s A and E target—when, under the previous Government, all 14 were meeting the A and E target.

Sir Bruce is clear that urgent action is needed to improve A and E. Let me quote the report:

“We have established that one of the primary causes of high mortality in these hospitals are found primarily in urgent and emergency care, and particularly in care for frail and elderly patients…All trusts were functioning at high levels of capacity in the urgent care pathway. This frequently led to challenges in A&E and, as a consequence, cancellation of operations due to bed shortages and difficulty meeting waiting time targets.”

Will the Secretary of State now take immediate action, working with the whole health economy in these 14 areas, to bring each trust back up to the national standards on A and E that his Government have set? Will he accept that it is not fair to these hospitals to blame them alone, as the devastating cuts to social care are a major driver of pressure in hospitals?

Finally, on what happens next, the simple truth is that people watching will want solutions rather than point scoring. Surely the right response to the Keogh review is now to accept the Francis recommendations in full, particularly on minimum staffing. A duty of candour on individuals will help bring the culture change we need at local level and, of course, we need to see the regulation of health care assistants. Will the Secretary of State work with us now on early implementation of the Francis recommendations? He spoke earlier of a new era of transparency. If he means what he says, will he now publish the NHS risk register? For all we know, it might well have predicted some of the failings we are reading about today.

It is a sad fact that mistakes will be made in any walk of life, even in the NHS. What matters is how the NHS responds. Rather than pulling down the shutters and pushing people away, it is right that we should hold a mirror up to the NHS so that it can act on its failings. We must also be fair to people working in the NHS by ensuring that an accurate picture is presented. Sir Bruce has had to take the extraordinary step already of distancing himself from the Government briefings that appeared at the weekend. I hope the Government will learn a painful lesson from this: you should not play politics with people’s lives and you should not play politics with the NHS, on which all people depend.

Jeremy Hunt Portrait Mr Hunt
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Mr Speaker, it is hard for a serving Health Secretary to admit that things can go wrong in the NHS, but we know today that it is even harder for a former Health Secretary. We have heard nothing but shameful denial. The right hon. Gentleman—[Interruption.]

John Bercow Portrait Mr Speaker
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Order. Mr Irranca-Davies, you look as though you are about to explode. I am worried about you. I think you probably need to have a lie down or to take some sort of medicament—it might be of benefit to you. You must calm yourself.

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

The right hon. Gentleman talked about being partisan and party political. It is not party political to highlight poor care; it is doing the right thing for patients.

Let us look at what independent people have said about Labour’s time in office. Roger Davidson, the former head of media at the CQC, said that

“there were conversations between the CQC and Ministers to the effect that the CQC would not cause any trouble…The message that ‘we don’t want bad news’ infected the whole organisation”.

Professor Brian Jarman—[Interruption.] I think Opposition Members might want to listen to this, because it is what independent people are saying. Professor Jarman, who invented hospital standardised mortality indices, said that

“the problem was ministerial pressure, even from Number 10.”

This is most damaging: the right hon. Gentleman talked about what Barbara Young, Labour peer and head of the CQC, said under pressure from the Labour Whips, but what did she say under oath to the Francis inquiry? She said that

“the government hated the idea…the regulator would criticise it… We were under more pressure, I think, when Andy Burnham became minister, from the politics.”

That is what a Labour peer said. These people are not Government supporters—at least, not of this Government —but were trying to do their job in exposing poor care and the right hon. Gentleman stopped them.

The right hon. Gentleman talks of spin, but I will tell him who had to fight hardest against spin: the whistleblowers he tried to shut up. What do they say? James Titcombe, who tragically lost his son at Morecambe bay, tweeted that

“you made big mistakes Andy, it’s time you admitted it.”

Julie Bailey, who lost her mother at Mid Staffs, said that Labour crushed the culture of care from the NHS. [Interruption.] Deb Hazeldine, from Mid Staffs, who lost a relative, said that the shadow Secretary of State was trying to “defend the indefensible”—[Interruption.]

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Order. It is very difficult to imagine how anyone can hear these exchanges. The content of questions and answers is to be determined by Members, but I gently remind the House of the need for good order and that this is not a debate. There will be debates, but this is not a debate but a statement on which there is questioning, to which there is then a ministerial answer. This is not an opportunity for general speechifying but for responses to specific questions made with economy so that I can accommodate all interested colleagues.

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

Thank you, Mr Speaker. I would have hoped that the Opposition would want to listen more respectfully to what whistleblowers said about their attempts to expose poor care.

Let me respond to what the right hon. Gentleman says. He says that Labour tackled the problems, but the evidence shows the opposite. We talked about Tameside earlier, but what about Basildon? There were high death rates for nine years under Labour—in every year since 2001. Half the staff said they would not want their own friends and family treated there. Ministers received 237 letters between 2005 and 2010, yet what did the CQC do? It rated the hospital as “good” and within four weeks Ministers were shamed into launching an investigation into high mortality rates—[Interruption.]

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Order. I have tried to explain the position calmly—[Interruption.] Order. I shall do so once more. I think the Secretary of State will appreciate that he has been asked questions about present arrangements to which we need pithy replies, not a lengthy statement about events of the past that happened before he had responsibility. We cannot have that. If that is what he is planning to read out, we will simply move on. A brief conclusion to his answer is now required and sought by the House.

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

So, Mr Speaker, let me briefly take the final two points raised by the right hon. Gentleman. He says the trusts have got worse since 2010, but what does he do when I criticise the lack of progress—[Interruption.]

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Order. My impression is that the Secretary of State is now seeking to treat of matters since May 2010 and he must be given the opportunity to do so, with colleagues and people outside being able to hear the answers.

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

Thank you, Mr Speaker.

What does the right hon. Gentleman do when I criticise the lack of rapid progress in tackling failure in our hospitals? He criticises me for making an unbelievable statement and states that there are no coasting hospitals, but today proves that he is wrong. What is unbelievable is his total refusal to admit that it is not just a question of coasting hospitals, but a Labour party that has coasted for too long on its reputation on the NHS.

Finally, the right hon. Gentleman says that we are trying—[Interruption.] This is difficult for Labour Members to hear, so let us get to the point. He says that we are trying to run down the NHS. Let me say this: if we did not believe in the NHS, we would not be tackling these problems. The best way to support the NHS is not to ignore poor care, not to muzzle the CQC, not to ignore requests for public inquiries and not to ignore warnings constantly. If founding the NHS is considered Labour’s proudest achievement, today is its darkest moment as a Labour Government are exposed as caring more about their own reputation than about our most vulnerable citizens in the NHS—[Interruption.]

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Order. Has the Secretary of State finished his answer? He has. We are grateful and I thank him for saying that he has finished.

None Portrait Several hon. Members
- Hansard -

rose

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Order. I remind the House of the long-established and generally adhered-to convention that Members who were not present at the start of a statement do not rise to question the relevant Minister. That has long been regarded as a discourtesy, and it should not happen. I have a list of Members who arrived late, but I hope that they will not render it necessary for me to draw attention to the fact. I ask those who arrived late, in all courtesy, not to rise to their feet.

We will now make progress as expeditiously as we can, led by the Chair of the Health Committee.

Stephen Dorrell Portrait Mr Stephen Dorrell (Charnwood) (Con)
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Those who want to make the case for change in an organisation—and, after the Francis review, who can doubt the need for change in parts of the national health service—must first demonstrate the need for change. Does this review not build on the distinguished record of both Bruce Keogh and Sir Brian Jarman in demonstrating the need for change in parts of our national health service?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

My right hon. Friend speaks very wisely. As I know he agrees, identifying problems publicly is incredibly difficult, but the way to ensure that those problems are dealt with is to be totally honest and transparent about them in the knowledge that they will be sorted out as a result, and that is what is happening today.

Alan Johnson Portrait Alan Johnson (Kingston upon Hull West and Hessle) (Lab)
- Hansard - - - Excerpts

Thankfully, the quality of Sir Bruce Keogh’s report is vastly superior to that of the statement that we heard from the Secretary of State. Is it not the case that Sir Bruce Keogh—[Interruption.]

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Order. I am very concerned about the fact that someone shouted something, and I think I heard a word that was unparliamentary. I did not see an individual who was responsible, and I do not know who was responsible, but I simply say to the House—[Interruption.] Order. It is no good people burbling on about whistleblowers from a sedentary position. Let us lower the temperature, and have orderly exchanges. [Interruption.] Order. I remind the House that I called the right hon. Member for Kingston upon Hull West and Hessle (Alan Johnson) to ask a question. Let us do him the courtesy of hearing the conclusion of that question.

Alan Johnson Portrait Alan Johnson
- Hansard - - - Excerpts

Is it not the case that Sir Bruce may have given us a blueprint for better regulation, provided that the Secretary of State faces up to his responsibility and ends the tawdry and squalid attempts by his party to denigrate his predecessors?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

I am sure that the right hon. Gentleman, who is one of those predecessors, would accept at a quieter moment outside the Chamber that one of the biggest mistakes made during his time as Secretary of State—or at least it was initiated then—was the appalling change that was made to the regulation of hospitals. The CQC was stripped of expert inspectors, and hospitals began to be inspected by generalists. The same group of people would inspect a slimming clinic, a dental practice, a GP’s surgery, and a major London teaching hospital. That very significant mistake lies at the heart of the reason why the CQC approved and certified so many failing hospitals.

I am happy to work with the right hon. Gentleman, and to say that honest mistakes were made and we will put them right, but today there must be honesty about what those mistakes were.

Cheryl Gillan Portrait Mrs Cheryl Gillan (Chesham and Amersham) (Con)
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Patients and their families outside this place will join me in congratulating the Secretary of State on his brave decision not to sweep NHS failures under the carpet.

You and I know, Mr. Speaker, that Buckinghamshire contains many areas of health care that are of high quality, but the report identifies some failings, one of which is the quality of out-of-hours and weekend nursing and medical cover for acute medical patients. That is clearly linked to difficulties relating to the recruitment, retention and availability of competent clinicians and nurses. What more can the Department do to help our trusts improve out-of-hours provision and, in particular, the quality of temporary staff, so that those problems can be eliminated?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

My right hon. Friend is right. Serious problems were identified in Buckinghamshire relating to out-of-hours care and also to dementia patients, who themselves often need help out of hours. I raised the difficult issue of the GP contract because, in order to solve such problems, we need more joined-up care in the community. The Chancellor has announced an additional £2.8 billion for joint commissioning arrangements between local authorities and health care bodies, and I think that the combination of those two measures will secure a vastly improved out-of-hours service for my right hon. Friend’s constituents.

Jack Straw Portrait Mr Jack Straw (Blackburn) (Lab)
- Hansard - - - Excerpts

I welcome the Keogh report and the action that the Secretary of State has announced, which, although it will be uncomfortable for my local health trust, I believe to be necessary. However, I hope that, on reflection, the right hon. Gentleman will realise that the comments that he has made demean his office. I sat in the Cabinet with my right hon. Friends the Members for Leigh (Andy Burnham) and for Kingston upon Hull West and Hessle (Alan Johnson). I saw how anxious they were to root out inefficiency and failings, and to cover nothing up, and I think it inappropriate for the Secretary of State to suggest that he and his party have a monopoly when it comes to concern about the transparency and effectiveness of the health service.

Last Thursday, the Secretary of State commended Royal Blackburn hospital for its vascular services and accepted the excellence of many of its staff. While we are navigating through this difficult period, is it not crucially important for us to echo the Keogh report and point out that, overwhelmingly, hospitals in areas such as mine employ high-quality staff who require better leadership?

Jeremy Hunt Portrait Mr Hunt
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Improving leadership is vital throughout the NHS. All Governments must take responsibility for what happens on their watch, and I have taken responsibility today for those 14 hospitals and all their serious problems. The right hon. Gentleman should accept that between 2005 and 2010 his Government received 142 letters about his hospital which they did nothing about, and introduced a regulatory system that did not expose poor care and ensure that it was addressed.

Andrew George Portrait Andrew George (St Ives) (LD)
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I welcome Sir Bruce Keogh’s important report. However, although I admire my right hon. Friend, I totally dissociate myself from his ill-judged attempt to drag this important issue into the gutter of partisan politics and petty point-scoring. I expect better of him than that.

It is clear from annex A of the report that in all but one of the 14 hospitals, problems relating to staffing levels and the staff mix need to be addressed, and ambition 6 recommends action to address them. As my right hon. Friend knows, I campaign on this issue. What will the Government do to ensure that staffing levels are adequate in our acute hospitals?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

Tackling failure in our NHS is not an easy path to take, but it is the right thing to do for patients. If my hon. Friend believes that all the care problems in the NHS started in 2010, I think he is the only Member who does. [Interruption.] Opposition Members must bear their share of the responsibility for the failures that they did not sort out. Staffing is indeed a problem that needs to be sorted out in many trusts, which is why we commissioned the review and why we are sending in turnaround teams to do just that.

Joan Ruddock Portrait Dame Joan Ruddock (Lewisham, Deptford) (Lab)
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The Secretary of State has made an appalling attempt to smear my right hon. Friend the Member for Leigh (Andy Burnham). Will he now acknowledge that in 2009, my right hon. Friend sought a review of all the hospitals with high mortality rates, that 21 were registered with conditions, and that five had warnings placed on them, which he and he his predecessor inherited? Will he tell the House what he and his predecessor did in respect of those hospitals in 2010, 2011 and 2012?

Jeremy Hunt Portrait Mr Hunt
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As I said in my statement, in nine of these 14 trusts, the chief executive or chair has been either replaced or moved on. However, the most important thing that we are doing is setting up a transparent failure regime, so that when problems arise they will be made public, so the system will never know something that the public do not, and so that Ministers will be required to take action to sort out failing hospitals. That is what is happening under this Government, but I am afraid that it did not happen when the right hon. Lady’s party was in power.

William Cash Portrait Mr William Cash (Stone) (Con)
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The Keogh report, which must be welcomed, followed the Francis report. Despite my continuous attempts to have a full public inquiry under the Inquiries Act 2005, successive Labour Secretaries of State refused. Can my right hon. Friend find out from the Department or in any other way how that happened? Will he be good enough to publish his findings, because the root of the real trouble is that they were not prepared to have an inquiry and it was a cover-up?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

My hon. Friend knows that the Labour party refused 81 requests for a public inquiry into what happened at Mid Staffs—I repeat: 81 requests. He also knows that if it was not for that public inquiry, we would not be here now. That is the biggest lesson to learn about the benefits of a public inquiry, and that is why transparency matters. I hope he is also pleased that we will be having a debate on the Francis report in Government time later this year.

Tony Cunningham Portrait Sir Tony Cunningham (Workington) (Lab)
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If the teams going into Cumbria recommend increased staffing and resources, will the Secretary of State fund that?

Jeremy Hunt Portrait Mr Hunt
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If the issues are around staffing, we will sort those out. If the issues are around leadership, we will sort those out. If the issues are around clinical practice, we will sort that out. My commitment to the House is that we will do what it takes to sort out these failing hospitals.

Phillip Lee Portrait Dr Phillip Lee (Bracknell) (Con)
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In 2006 the then Labour Government purchased 49% of Dr Foster, the intelligence unit from which a lot of these mortality data are emanating. Does the Secretary of State agree that for Secretaries of State from that point onwards to be claiming they were unaware of the data seems a bit rich?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

There were repeatedly high mortality rates in all these 14 hospitals, and it took the public inquiry that Labour did not want to demonstrate to the world just how important hospital standardised mortality ratios are. They are the smoke alarm that was ignored in the case of Mid Staffs, and which could have led to the prevention of thousands of tragedies if we had taken action earlier. That is why we immediately insisted on this review by Sir Bruce.

Grahame Morris Portrait Grahame M. Morris (Easington) (Lab)
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I think there is widespread respect for Sir Bruce Keogh and his report and I certainly welcome it, but it is a cynical move by the Secretary of State to try to besmirch the reputation of my right hon. Friend the Member for Leigh (Andy Burnham). May I point out that on this Government’s watch clinical negligence claims are up 50%, A and E waits are at a nine-year high and “never events” have tripled? What is the Secretary of State going to do about them?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

We spend more than £1 billion every year on clinical negligence because the hon. Gentleman’s Government changed the rules so that trusts suffer no financial penalty when they have to pay a clinical negligence claim. That is something we really need to look at, because it is removing one of the biggest possible incentives for trusts to treat people safely.

Mark Reckless Portrait Mark Reckless (Rochester and Strood) (Con)
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Is the Secretary of State aware that in Medway we were left with just three consultants to share cover of A and E, but we have now increased the number to six, and it will soon rise to eight?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

These are precisely the problems that this review is designed to root out. There were problems with long A and E waits as well as with inappropriate medical interventions and poor communication with patients, but I hope my hon. Friend’s constituents will be reassured by the transparency of what is happening today, and the fact that I am making this Government accountable for sorting out those sorts of problems.

Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
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I suspect that in a quieter moment the Secretary of State will not think this statement was his proudest moment. [Interruption.] Well, it seems that he used to be run by Coulson and now he is run by Crosby.

Most voters will be more interested in the future and how we can make sure that people’s lives are protected, so what does the Secretary of State have to say about the fact that fewer people are coming from other countries to work in the NHS? Because of the Government’s immigration policy, there is a real danger that we will have a significant problem in A and E recruitment across the country.

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

I struggle to find the link between that question and Sir Bruce Keogh’s report on the 14 hospitals, but as the hon. Gentleman has asked about A and E, and as he is trying to take the moral high ground, perhaps he would explain why he has not been standing up in this House campaigning against Labour’s abysmal record, as it has missed its A and E targets in Wales since 2009.

Rehman Chishti Portrait Rehman Chishti (Gillingham and Rainham) (Con)
- Hansard - - - Excerpts

In 2005 and 2006 Medway Maritime hospital had the seventh worst mortality rate in the country, yet nothing was done. May I thank the Secretary of State for the actions he has put forward today, which will help improve the quality of care for my constituents and people from further afield?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

My hon. Friend is right. There were high mortality rates in his hospital in six of the nine years they were measured under the last Labour Government, and there were problems with A and E and with inappropriate medical interventions. He can say to his constituents today that the Government have identified the problem and have been transparent about it, and we will be accountable for sorting it out.

Kevin Barron Portrait Mr Kevin Barron (Rother Valley) (Lab)
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How many health professional regulatory bodies has the Secretary of State met since the publication of the Francis report?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

I think I have met most of them, but I have certainly met the General Medical Council and the Nursing and Midwifery Council, and I have talked to them about the reasons they are finding it difficult to remove doctors and nurses from their lists when there are questions about their poor performance.

Tracey Crouch Portrait Tracey Crouch (Chatham and Aylesford) (Con)
- Hansard - - - Excerpts

To complete the Medway Maritime hat trick, may I say I am very disappointed to hear from the Secretary of State that the hospital has gone into special measures? I have been assured that Sir Bruce Keogh’s recommendations are already being implemented, but will the Secretary of State say in what time frame he, and more importantly my constituents, should expect to see significant improvements at the Maritime?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

We want these things to happen as quickly as possible, but all the hospitals Sir Bruce reviewed will be looked at again within the next year by the chief inspector of hospitals, Professor Sir Mike Richards, who starts work today, so we will be able to measure whether progress has been as swift as my hon. Friend and I would like.

Helen Jones Portrait Helen Jones (Warrington North) (Lab)
- Hansard - - - Excerpts

May I ask the Secretary of State to actually discharge one of the responsibilities of his office by answering a simple question? If he believes that managers should not be able to get another post if they fail, why was there a plan to transfer the chief nurse from the failed Morecambe Bay NHS Trust on secondment to Warrington and Halton on the Secretary of State’s watch, stopped only when my hon. Friend the Member for Halton (Derek Twigg) and I found out about it? Did he or his Ministers know about this plan, and if not, why not?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

That is exactly the reason why we are introducing measures to make sure—[Interruption.] Well, the Francis report was introduced to this House on 6 February, and we have said we will change legislation this year. We have already appointed a chief inspector of hospitals. I do not think we could go much faster. The trouble for the Labour party is not that we are going too slowly but that we are going too fast and exposing all sorts of problems which it wishes did not happen.

Andrew Griffiths Portrait Andrew Griffiths (Burton) (Con)
- Hansard - - - Excerpts

I thank the Secretary of State for shining a light on to the health care provided by Queen’s hospital in Burton. Although Queen’s has a lower unexpected death rate than other hospitals, any unnecessary death is a tragedy for the family concerned. Given that since 2005 Queen’s hospital had a higher mortality rate than Stafford hospital, does he understand the anger of my constituents who have seen their loved ones die unnecessarily and these concerns ignored by Labour?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

My hon. Friend’s hospital had excess mortality rates for five of the nine years leading up to 2010 and not enough action was taken, and that is what today is all about. I hope that what his constituents will take from today is that this Government are committed to turning around failing hospitals and putting in place the right leadership, and the reassurance that when their loved ones go to Queen’s hospital or anywhere else in the country, they can get the kind of care they would want for themselves.

Baroness Stuart of Edgbaston Portrait Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)
- Hansard - - - Excerpts

May I say to the Secretary of State that there is a tone and a language that we should choose to employ for candid conversations about failure and it saddens me that he did not find that language today, because it will not do us any good? The Francis report recommended a duty of candour. Will he update the House as to just how much progress he has made on that?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

Yes, I can. We have accepted the recommendation that there should be a duty of candour on the boards of hospitals, with criminal sanctions if they fail to tell members of the public that they or their loved ones have been harmed by the hospital, and if they fail to tell the system that those incidents have happened. We have commissioned a review of safety by Sir Don Berwick, one of the greatest experts in the world, and we shall ask him whether we should extend that duty of candour to below board level. We shall wait to hear what he says. We understand the reasons why people might want to do that, but we are also aware that others have expressed the concern that it might destroy an atmosphere of trust in a hospital if people were worried about criminal consequences if they did not talk about any failures they saw in their daily work.

Margot James Portrait Margot James (Stourbridge) (Con)
- Hansard - - - Excerpts

I warmly welcome my right hon. Friend’s break with the culture of cover-up that has been so prevalent in the past. I reject absolutely the shadow Health Secretary’s claim that the Dudley Group NHS Foundation Trust’s performance has deteriorated since 2010—[Interruption.]

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Order. The hon. Lady is asking a question, but I have distinctly heard Members—in some cases identifiable Members—trying to shout her down. That should not happen on either side of the House. If she wishes to continue with her question, she may do so.

Margot James Portrait Margot James
- Hansard - - - Excerpts

Thank you, Mr Speaker.

I reject the shadow Health Secretary’s claim. The new leadership that was appointed to the trust in 2009 found deep-seated problems there. Does my right hon. Friend the Secretary of State welcome, as I do, the positive notes in Sir Bruce Keogh’s report about that new leadership’s abilities, and Sir Bruce’s finding that the overall work force at our trust are

“committed, loyal, passionate, caring and motivated”?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

I welcome that, and I am delighted that my hon. Friend’s trust was not one of the ones that it was necessary to put into special measures. We have learnt a lesson from the successful way in which the schools system is regulated. Ofsted distinguishes between failing schools that have in place good management who are able to turn the school round and those where a change of leadership is required, and I am pleased that the report found that Dudley had the right leadership in place.

Gloria De Piero Portrait Gloria De Piero (Ashfield) (Lab)
- Hansard - - - Excerpts

I welcome the report and I hope that the new chief executive at King’s Mill hospital in my constituency will provide the leadership that has been lacking in recent years. He assures me that he will implement all the report’s recommendations. The report mentions

“significant concerns around staffing levels at…King’s Mill Hospital”.

The trust has lost more than 200 nurses since 2010. Can we have them back?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

Staffing levels are indeed one of the issues that contribute to poor care, if we get them wrong. That is why we are committed to implementing the Francis recommendations on safe staffing levels, and why, having protected and increased the NHS budget—contrary to what the shadow Secretary of State wanted—we now have 6,000 additional doctors working in the NHS. [Interruption.] In these individual cases, if staffing levels are the issue, they will be addressed.

John Baron Portrait Mr John Baron (Basildon and Billericay) (Con)
- Hansard - - - Excerpts

The Secretary of State has been absolutely right to highlight and pursue past failures for the benefit of future patients. That includes investigating why the regulatory system seems to have failed in these cases. Does he agree, however, that we must not allow the report to overshadow much of the good work that is being done in our hospitals, including Basildon hospital which now has new management and is instigating changes?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

I agree with that. One reason why it is so important to reform the regulatory structures that we inherited is that they tried to identify only poor care—not terribly successfully—when we need a system that identifies outstanding care as well. We need such a system for the benefit of the general reputation of the NHS and the morale of the service. We also need one so that a failing hospital can have an organisation on which it can model itself, just as a failing school can model itself on a school that has received an outstanding Ofsted report. That provides a solution to the problem: we identify a problem transparently and we sort it out.

Chris Williamson Portrait Chris Williamson (Derby North) (Lab)
- Hansard - - - Excerpts

The Secretary of State said that he was proud of the NHS, yet he and his Ministers have supported a top-down reorganisation of the national health service that will lead to 49% privatisation and cut 4,000 nurses. We know from the Francis report that staffing levels are key to the whole agenda, and the Secretary of State has just said he acknowledges that, so will he reinstate the 4,000 nurses he has cut from the NHS?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

Perhaps the hon. Gentleman would like to acknowledge that more money has gone to the front line as a result of the reorganisation that this Government have introduced. We have 8,000 more clinical staff now than when the Labour Government were in office.

Steve Baker Portrait Steve Baker (Wycombe) (Con)
- Hansard - - - Excerpts

Walter Coles died because he was forgotten. Edward Maitland died because he was fed solid food. I could name others; those are just two of the patients who have died unnecessarily. And yet high mortality rates made it on to the board’s agenda in Buckinghamshire only because of a trigger relating to concern for reputational risk. The board had no robust risk management practices in place, and there were no plans to introduce any. Furthermore, certain key elements relating to changes in urgent care were missing. In setting out to champion patients, will my right hon. Friend set out how it will be possible to remove an entire board, or any members of a board who are not performing well?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

Absolutely. I congratulate my hon. Friend on his extraordinary campaigning on behalf of his constituents. It is very difficult for a local Member to take on his own hospital when he finds failings, but he does it with great bravery. Yes, we need to ensure that the way we judge hospitals is not just about meeting waiting time and A and E targets, important though they are; it must also be about safety, about compassionate care and about governance. Other things matter as well. That is what we are changing.

Jack Dromey Portrait Jack Dromey (Birmingham, Erdington) (Lab)
- Hansard - - - Excerpts

In a new low for British politics, the Secretary of State today descended into the gutter. How can he begin to blame the last Government for the deterioration at the 14 hospitals concerned, which took place under this Government, especially as the Government were warned about unacceptable standards in five of them?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

The low in British politics is that it took so long for a Government to be honest about failings in the NHS. Many of those hospitals have a culture that entrenched failure for years and years under the last Labour Government, yet Labour Members refuse to accept that even now. What does that say to the public about whether they can be trusted with the future of our NHS?

Martin Vickers Portrait Martin Vickers (Cleethorpes) (Con)
- Hansard - - - Excerpts

I welcome the robust and determined approach that my right hon. Friend is taking. It is right that the mistakes of the past should be thoroughly investigated, but my constituents—some of whom are waiting to go into Grimsby and Scunthorpe hospitals—need an assurance that action will be taken to remedy the situation immediately. There are many dedicated staff in our area, but recruitment has always been a problem in northern Lincolnshire. Will my right hon. Friend assure me that if additional support is needed to recruit the best clinicians and managers, it will be made available?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

We will quite simply do what it takes to ensure that we implement the recommendations of the Keogh review for north Lincolnshire hospitals. We owe my hon. Friend’s constituents nothing less. The first step is to be honest about the problems. The big difference between the two sides of the House is illustrated by the fact that we will restore morale not by pretending that the problems do not exist but by being honest about them and confronting them. That is what we will do in my hon. Friend’s constituency.

Sarah Champion Portrait Sarah Champion (Rotherham) (Lab)
- Hansard - - - Excerpts

I should like to start by offering my deepest sympathy to the patients and families. We are talking about mortality statistics, but these are actually loved ones who have been lost. For the second time today, I ask the Secretary of State whether he will accept, adopt and implement the recommendations in the Francis report.

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

And for the second time, I say yes.

Tony Baldry Portrait Sir Tony Baldry (Banbury) (Con)
- Hansard - - - Excerpts

Professor Brian Jarman observed that, until recently, the Department of Health seemed to be a “denial machine” and that there was suppression and spin. Will the Secretary of State and the whole House at least agree that there is no room for denial, suppression or spin in the NHS, and that what we need for the future are total transparency, accountability and a Care Quality Commission that performs properly and professionally?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

My hon. Friend speaks wisely, because the first step towards sorting out these problems is to have a system that Ministers cannot interfere with so that when there is failure, regulators are able to speak out without any political pressure—without any Ministers leaning on them in the run-up to elections—in the interests of patients. That is why we are completely changing the CQC. We are introducing a chief inspector of hospitals, who will be the nation’s whistleblower and who will have the independence and freedom that the old CQC never had. I hope that will help the public feel more confident that where there are problems they are properly tackled and not swept under the carpet.

Alex Cunningham Portrait Alex Cunningham (Stockton North) (Lab)
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Several times the Secretary of State has admitted that staffing cut drastically on his watch is a major factor in deteriorating care in the NHS—an NHS that has been in the charge of the Conservative party for more than three years. What is he going to do about restoring staffing levels?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

Clinical staff numbers have gone up by 8,000 since 2010: there are 6,000 more doctors, 1,000 more midwives and 1,000 more health visitors. The numbers have gone up since 2010. If we followed the shadow Secretary of State’s advice and cut the NHS budget from its current levels, that would not be possible.

Marcus Jones Portrait Mr Marcus Jones (Nuneaton) (Con)
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I am pleased that the Secretary of State has sought to take tough decisions to bring more openness and transparency to our NHS and not keep sweeping things under the carpet. Improving quality for patients is the immediate priority, and I support him in the decisive action he has taken, but will he also now seek to establish a sustainable future for the George Eliot hospital, which has suffered from a great deal of uncertainty since 2006?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

I absolutely intend to do that. As my hon. Friend knows, I have been to the George Eliot hospital, working part of a shift in its accident and emergency department. I thought the staff there were working extremely hard, under great pressure. I noticed that the hospital did not have the systems in place that others have; I believe that hospital had 16 IT systems, which meant that if someone in the A and E department needed a blood test, all the details would have to be re-entered on a different system. That takes up a lot of clinical time, so making changes in these areas can make a big difference. But I do think it is important, as we expose these problems, that we recognise that even at the 14 hospitals mentioned today good care is being provided every day and the staff in those hospitals are working very hard. We need to back them, and the best way of doing so is to give them confidence that we are going to turn around their hospital.

Andrew Miller Portrait Andrew Miller (Ellesmere Port and Neston) (Lab)
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Management systems that are run on a blame culture inevitably create cover-ups and lead to people disguising the facts. Will the Secretary of State now show some leadership by trying to eradicate that from the health service? Will he take the advice Professor Ashton gave on Radio 4 this morning, because he expressed a firm way forward for the NHS? Will the Secretary of State stop playing these silly political games and follow Professor Ashton’s advice?

Jeremy Hunt Portrait Mr Hunt
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It is not playing silly political games to expose poor care; it is doing my duty as Health Secretary, and that is what I will continue to do. Improving systems, such as making sure there is safe staffing, is very important. It is ridiculous in this day and age that someone can be admitted to A and E but that department cannot access their GP record, and cannot see whether they are a diabetic or whether they have mild dementia. Those are things we are determined to sort out.

Bob Russell Portrait Sir Bob Russell (Colchester) (LD)
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On 6 February, the Prime Minister asked Professor Sir Bruce Keogh to review the quality of hospital care. Although Colchester is only one hour from London, Sir Bruce did not make a single visit in the five months that elapsed. Although, obviously, I welcome the Secretary of State’s observation today that for Colchester general hospital this is more of a green light than a red light, will he do what Sir Bruce did not do and visit the hospital, so that he can, in the words of the panel, meet a large number of “committed and enthusiastic” staff?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

I would be delighted to do that. I try to visit somewhere on the front line in the NHS every week, making sure I do not just visit the best places; I visit places that have problems and places like Colchester hospital which are improving—I am delighted that Sir Bruce’s report recognised that.

Emily Thornberry Portrait Emily Thornberry (Islington South and Finsbury) (Lab)
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The Secretary of State began his statement with an alarming story about patients being left unmonitored on trolleys—I understand that took place at Tameside hospital. Does he agree that there may be a connection between that and the fact that there are 128 fewer nurses, midwives and health visitors in that hospital than there were in 2010? Given that the previous Government flagged up that hospital as one of particular concern, was he watching it to make sure that there were no cuts in nursing staff there?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

As I have said many times, where there is not safe staffing we need to put that right. As I have also said, there are 8,000 more front-line staff under this Government than there were when the hon. Lady’s Government were in power. But those are not the only issues; we also need to address issues of leadership, of systems, which we talked about, and of clinical effectiveness. We need to sort out all those. On staffing numbers, I would just point out that plenty of hospitals under equivalent financial pressures are managing to deliver outstanding care, so a lot of this is about getting the right leadership in place at a board level.

Andrew Bridgen Portrait Andrew Bridgen (North West Leicestershire) (Con)
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On 1 July, just over two weeks ago, my aunt died unexpectedly and alone at Queen’s hospital, Burton. The Keogh review has now shown that hospital to have had a higher mortality rate than Stafford since at least 2005. Will my right hon. Friend pledge to work tirelessly to heal our NHS, so that my constituents, my friends and my relatives do not continue to die unnecessarily because of the failed policies of the previous Labour Government? [Interruption.]

Jeremy Hunt Portrait Mr Hunt
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This is the problem. [Interruption.] This is the denial we are getting from the Labour party; it is denying any responsibility for these deep-seated problems in some of our hospitals. As Health Secretary, I intend to do exactly as my hon. Friend describes. In order to try to measure the progress we are making, we will this year for the first time be asking every NHS in-patient whether they would recommend the quality of care that they received to a friend or a member of their family, because in the end that is what this is all about.

Derek Twigg Portrait Derek Twigg (Halton) (Lab)
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In May 2010, had mortality rates been falling in NHS hospitals?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

According to Professor Jarman on the radio this morning, the answer is that it has been falling slightly.

Bernard Jenkin Portrait Mr Bernard Jenkin (Harwich and North Essex) (Con)
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I welcome the fact that Colchester general hospital is not being put in special measures. That expresses Monitor’s confidence in the current leadership of the hospital, which is already implementing improvements in the areas that it told the Keogh report about, which are reported to be the matters of concern. I also welcome my right hon. Friend’s emphasis on leadership, and openness and trust of leadership, but does he accept what we are finding in the Public Administration Committee’s inquiry into complaints handling in public services that that lack of trust and openness is found not just at trust level, but goes right up the command chain of the health service and has historically existed in the Department of Health? How will he challenge that culture and define the right kind of leadership that should be taught by the leadership academy?

Jeremy Hunt Portrait Mr Hunt
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My hon. Friend makes a very important point. The simple way we can change that culture, which will not be easy and will not happen immediately, is by making sure that where there is failure, there is someone who is independent and able to speak up about that failure without fear or favour—someone to be the nation’s whistleblower-in-chief. That is what we must have with the new chief inspector of hospitals, modelled on the chief inspector of schools and how well the whole Ofsted regulation system has worked. That has to be the first step; there must be no hiding place when there is failure. From there, we will have the pressure on the whole system, right the way up to Ministers, to make sure that failure is sorted out.

Nic Dakin Portrait Nic Dakin (Scunthorpe) (Lab)
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Sir Bruce Keogh warns us in his report about the very reaction we have seen today, which is in danger of shaming this House by focusing on politics instead of people. He wrote in his first few paragraphs that

“this is not a time for hasty reactions and recriminations”.

I read those words at five past 8 this morning when the Department of Health finally opened up to allow Members of Parliament to read what was there. Will the Secretary of State assure me and my constituents, who use Scunthorpe general hospital, that he will work to support people and put people before politics, because this afternoon he has put politics before people?

Jeremy Hunt Portrait Mr Hunt
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That is exactly what I am doing; the best hope we can give to the hon. Gentleman’s constituents is to say that we are putting them first by being honest about the problems and by tackling the mediocrity that has been a feature of too many hospitals for too long.

Jackie Doyle-Price Portrait Jackie Doyle-Price (Thurrock) (Con)
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Bereaved families in Thurrock have had their pain compounded by how the Basildon and Thurrock trust has investigated complaints and incidents. Does my right hon. Friend agree that the way in which hospitals investigate such incidents is an important aspect of the transparency and accountability agenda?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

It is, and this year we will be introducing in law a duty of candour that will make it a criminal offence for boards not to be honest, not only with families if patients have been harmed, but with the system, which is extremely important. Salford Royal hospital has one of the most successful safety records in the country, and it has achieved that by creating an atmosphere of trust so that front-line staff are not afraid to speak out about the problems that they encounter, however junior they are. It takes outstanding leadership to get that right, and part of the turning point that we require today is an understanding of what is involved in such leadership, which we need in many more places.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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High mortality rates are unacceptable and their effect on people’s confidence in, and satisfaction with, the NHS is a problem. We in Northern Ireland are fortunate that there have not been such disclosures, but it is important that lessons can be learned. Does the Secretary of State intend to share the data and findings with regions of the United Kingdom and the devolved Administration in the Northern Ireland Assembly?

Jeremy Hunt Portrait Mr Hunt
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When there are excess mortality rates, there is some controversy about exactly how many avoidable deaths they correspond to, which is why Professor Keogh has asked Professor Nick Black and Lord Darzi to carry out a further study to try better to understand the link between excess mortality and avoidable deaths. We will be happy to share that information with the devolved Administrations.

None Portrait Several hon. Members
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rose

John Bercow Portrait Mr Speaker
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Order. I am keen to accommodate as many remaining colleagues as I can, but I point out to the House that I must have some regard to the Second Reading debate on the Defence Reform Bill, so economy in questions and answers is now of the essence.

John Stevenson Portrait John Stevenson (Carlisle) (Con)
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I welcome the Keogh report. Patients should come first and patient care should be at the centre of our health service. Over the past 10 years, sadly, there has been a clear lack of leadership and management at North Cumbria University Hospitals NHS Trust, so I am not surprised by the report. However, there is a possible solution to improve health care in north Cumbria: the acquisition of the hospitals by Northumbria Healthcare NHS Foundation Trust. Will the Secretary of State work with me, the regulators and Northumbria to ensure that the acquisition proceeds as quickly as possible so that the people of Cumbria and Carlisle get the best possible health care?

Jeremy Hunt Portrait Mr Hunt
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I very much hope that that acquisition can proceed and I agree with my hon. Friend that it is the way forward. Although we have to ensure that that happens properly, Northumbria can give North Cumbria the leadership that it badly needs, so the process would be positive.

Barbara Keeley Portrait Barbara Keeley (Worsley and Eccles South) (Lab)
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Since the publication of the Francis report, it seems that we have been going round and round the question of safe staffing levels, which I have raised several times. Ratios of two nurses to 29 patients, or worse, have been reported to me—I do not think that they are uncommon—and the CQC tells us that one in 10 hospitals has unsafe staffing levels. It must be accepted that the number of nurses has reached unsafe levels in these 14 hospitals and many parts of the country. The Secretary of State cited Salford Royal hospital, but will he act now to ensure that all wards in all hospitals publicise their staffing ratios, because I would not want a relative on a ward with a ratio of 2:29?

Jeremy Hunt Portrait Mr Hunt
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The right ratio of patients to nurses depends on the type of patients in a ward, because different wards have different requirements. Salford Royal has a good model through which it ensures that it has the right number of nurses. As I said to the hon. Member for Rotherham (Sarah Champion), I accept what Francis says about safe staffing, but he did not recommend the Labour party’s policy of minimum mandated national staffing levels. I am following the recommendation of the Francis report, which I think is the right way forward.

Andrew Bingham Portrait Andrew Bingham (High Peak) (Con)
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My constituents in Glossop use Tameside hospital. For too long, people such as Liz Degnen have highlighted their worries about Tameside, and the recent departure of its chief executive was called for and welcomed by several hon. Members. Does my right hon. Friend agree that the Keogh report is a vindication of many of my constituents’ long-held beliefs?

Jeremy Hunt Portrait Mr Hunt
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Yes it is, but I hope that we can give them confidence today that the problems will finally be addressed.

Jonathan Reynolds Portrait Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
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I have welcomed the Keogh process from the beginning. Although the report on Tameside is hard hitting, I entirely welcome it—it is consistent with what has been in the public domain for two weeks—and the evidence that all Tameside MPs gave to Keogh to demand a change in leadership has been justified. Although I speak as an MP who has campaigned critically against his hospital, may I say that the tone and comments of the Secretary of State were neither helpful nor accurate with regard to Tameside? We need him to focus on implementing the reforms that are needed, one of which is clearly to deal with the inadequacy of the previous inspection regime. The extent of the scrutiny of these 14 trusts was great, but that is needed for all hospitals, so can he tell us what he will do to put that into effect?

Jeremy Hunt Portrait Mr Hunt
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I absolutely can. The new chief inspector of hospitals starts work today. We would like him to start the new inspection regime, adopting the same methodology as the Keogh review, as soon as possible, but it takes time to assemble a team of expert inspectors. He plans to start a pilot round of inspections this autumn before getting into full swing next year, and all the hospitals on today’s list will be inspected again within the next 12 months.

Heather Wheeler Portrait Heather Wheeler (South Derbyshire) (Con)
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My constituents use Burton trust, so it is a sad day when it is on the list. Will the Secretary of State help to ensure that no barrier is placed between MPs and hospital boards so that there is total transparency and local MPs can help the boards in the future?

Jeremy Hunt Portrait Mr Hunt
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That open relationship between hon. Members and their local NHS trusts is extremely important and useful. We all have to recognise that sometimes we have to speak up publicly when there are problems at our local NHS trust, because we have to represent our constituents, and that is part of the change due to this process. In the end, the most important thing is to give people confidence that, when there are problems, we are a Government who are committed to sorting them out.

Tom Blenkinsop Portrait Tom Blenkinsop (Middlesbrough South and East Cleveland) (Lab)
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Page 22 of the Keogh report clearly states:

“Contrary to the pre-visit data, when the review teams visited the hospitals, they found frequent examples of inadequate numbers of nursing staff in some ward areas. The reported data did not provide a true picture of the numbers of staff actually working on the wards.”

It goes on to say that that

“was compounded by an over-reliance on unregistered staff and temporary staff”.

Given that the Government have sacked more than 1,000 people in front-line nursing roles in seven of the trusts involved, what conclusion does the Secretary of State draw from that paragraph?

Jeremy Hunt Portrait Mr Hunt
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It is funny how Labour Members like to accuse Government Members of making party political points, but then misrepresent the reality that there are 8,000 more clinical staff throughout the NHS than when their Government were in power.

Jeremy Lefroy Portrait Jeremy Lefroy (Stafford) (Con)
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As my right hon. Friend says, transparency is vital. Stafford hospital has improved substantially since the spotlight was shone on it, although we are not complacent at all. One of the real problems we face is that good clinicians avoid management positions. What plans does he have to encourage young clinicians to undertake professional management training so that they can move into senior management positions in the course of their careers?

Jeremy Hunt Portrait Mr Hunt
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As ever, my hon. Friend speaks wisely, because we know a key point is that we need more good clinicians to go into management positions throughout the NHS. I am in close discussions with the NHS leadership academy, which this Government set up, to determine what more can be done to guarantee that able clinicians who pass muster and go into management can get a job at the end of that process. In addition, we have to encourage people to go into challenging trusts, rather than always being attracted to the best trusts. Such a change has been managed in the schools system, so we need to achieve that in health as well.

Lord Austin of Dudley Portrait Ian Austin (Dudley North) (Lab)
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I supported the inquiry and worked hard to provide details from Russells Hall patients and relatives, and to arrange for them to meet Sir Bruce’s team. Although the hospital has not been put into special measures, there are clearly areas of concern because people are waiting longer for A and E than in 2010, infection rates have increased and staff morale has gone down. The report cites

“Inadequate qualified nurse staffing levels on some wards”.

The Secretary of State said that if staffing levels were the problem, he would sort that out, so what assurances can he give people in Dudley and the staff at Russells Hall that he is going to address those inadequate nurse staffing levels?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

The same assurances I have given everyone else representing a hospital with troubles: we are totally committed to sorting out those problems—[Interruption.] Labour Front Benchers ask when, but we have said that these hospitals will be re-inspected in the next year. The structures that we are putting in place to sort them out are a million times tougher than anything that happened when they were in office.

Andrew Percy Portrait Andrew Percy (Brigg and Goole) (Con)
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I am proud of our local NHS, especially the examples of good practice highlighted at Goole hospital. However, as someone who works as a volunteer in the NHS every weekend, I meet patients who are frightened of going into local hospitals precisely because of the failings highlighted in the report on North Lincolnshire and Goole Hospitals Foundation NHS Trust. Will the Secretary of State visit Goole and north Lincolnshire to meet my constituents and discuss such individuals as an 88-year-old whose nails were not cut for seven months, whose toilet calls went unanswered and who ultimately died after contracting E.coli in our local hospital?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

Of course I would be delighted to visit my hon. Friend’s local hospital. I am sure there will be a great deal that I can learn, and I hope I will be able to give encouragement to the staff there, who are working very hard in a very difficult situation. I hope today will give them encouragement that this is a Government who are determined to turn around their hospital.

Huw Irranca-Davies Portrait Huw Irranca-Davies (Ogmore) (Lab)
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On the basis of the very good and welcome Keogh report and also the Francis recommendations on safe staffing levels, does the Secretary of State feel that the reduction of 4,000 nurses over the past two or three years is in any way contributing to the very issues that he has described today?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

We welcome and accept the Francis report’s recommendations on safe staffing and we recognise that that involves having doctors. We recognise and are pleased that our protection of the NHS budget means that there are 6,000 more doctors than when the hon. Gentleman’s Government were in power. If he looks at what is happening in his own Wales, he might find that there are a few lessons that the NHS in Wales could learn.

David Tredinnick Portrait David Tredinnick (Bosworth) (Con)
- Hansard - - - Excerpts

Sadly, the problems at George Eliot hospital go back well over a decade, so these special measures will be very welcome, but is not one of my right hon. Friend’s fundamental problems dealing with a culture of secrecy, where in the past a board with a problem would talk to a strategic health authority board and nobody would know what was going on? Is not sunlight the best disinfectant?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

It is, absolutely. That is the big change. My hon. Friend speaks wisely. That is the big change that we have to make in our NHS. When there is failure, we must be open about it. It has to be public—we have to keep the public in the picture, because that is the best way of putting pressure on the system and on the politicians to make sure that they sort it out. That is not what happened before; it is going to happen now.

Charlotte Leslie Portrait Charlotte Leslie (Bristol North West) (Con)
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Does the Secretary of State share my dismay that just as Julie Bailey was hounded out of Mid Staffs by the local Labour party for revealing the truth, some of the tone of this debate—accusations, sanctimoniousness and false victimhood—is a very tangible illustration of what whistleblowers have had to face for the past decade when they have tried to get the truth out? What a tangible demonstration, sadly, this has been.

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

My hon. Friend is right. If some of those on the Opposition Benches knew exactly what Julie Bailey had to go through to expose the truth of what happened at Mid Staffs, they might think again about some of their behaviour this afternoon.

Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
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Although proud of our local hospital, residents in Kettering will be pleased that Sir Bruce has managed to expose some dangerously run parts of the NHS, but they will be concerned to know what can be done to make the future far better than what has happened in the past.

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

Absolutely, and the big point about the changes that we are bringing in—I congratulate my hon. Friend, who is a huge supporter of Kettering hospital, which he and I have visited together—is that the NHS in many ways is no different from other parts of our public services: there are excellent bits and there are bits where there is poor leadership. What we have to do if we are to sort out the poor leadership is to expose it and to make sure that the public know about it and the politicians cannot duck sorting it out. My hon. Friend’s constituents will be thinking, as a result of tomorrow’s headlines, “What about Kettering hospital?” That is why we will have an independent chief inspector who will go round and tell them how good Kettering hospital is. However much they love it, he may well find things that need to be improved, and my hon. Friend and his constituents will welcome that.

David Morris Portrait David Morris (Morecambe and Lunesdale) (Con)
- Hansard - - - Excerpts

Last week it was the CQC. Now it turns out that between 2005 and 2010 there were 386 separate warnings that the last Labour Secretary of State claims never to have received, yet the trust in my area was given foundation status. Does my right hon. Friend agree that given the new revelation by Sir Brian Jarman on suppression of warnings, along with existing allegations of spin and cover-up levelled against a former Secretary of State for Health, it is now time for the right hon. Gentleman to resign?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

That is a matter for the leader of the Labour party. What concerns me most is that the Opposition do not understand the fundamental policy mistakes they made which led to the entrenched culture of failure in too much of our hospital sector.

Nigel Mills Portrait Nigel Mills (Amber Valley) (Con)
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Those of my constituents who use King’s Mill hospital will understandably be concerned about their future treatment. What reassurance can my right hon. Friend give me that this summer those patients will get the treatment that they rightly expect?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

It is important to recognise that even at the hospitals that we are talking about this afternoon, there is good care happening every single day. The way that we will reassure my hon. Friend’s constituents is by having an independent inspection system which has not existed before, where regulators are not leaned on by Ministers to say the right thing in the run-up to elections. It is only when his constituents have confidence in that regulatory system that they will know the truth about their own hospital, and we want them to get there as soon as possible.

Neil Carmichael Portrait Neil Carmichael (Stroud) (Con)
- Hansard - - - Excerpts

I welcome Sir Bruce’s report and the Secretary of State’s robust approach to it. Does my right hon. Friend agree that if we take away the right lessons from the statement and the questions on it, that will be the catalyst for a change of culture, enhancing transparency and accountability and introducing a new pace of response for the changes necessary to bring about higher standards in our hospitals?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

We do need to draw those lessons, and the sad lesson from this afternoon is that that change in culture with respect to transparency and accountability does not extend to the Labour party. Voters will notice how unwilling Labour Members are to accept that things went wrong on their patch.

Andrew Stephenson Portrait Andrew Stephenson (Pendle) (Con)
- Hansard - - - Excerpts

Given what today’s report says about capacity issues at Blackburn hospital, and that the hospital is struggling to deal with the number of patients, serious questions again have to be asked about the decision to downgrade Burnley hospital’s accident and emergency department under the previous Government in 2007, which was consistently supported by the shadow Secretary of State when he was in office. Will my right hon. Friend visit Pendle to meet some of the affected families to reassure them that lessons have been learned from the mistakes of the past?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

I will be delighted to visit my hon. Friend’s hospital, as well as those of many colleagues. I am sure I will learn a great deal when I do so.

Stephen Metcalfe Portrait Stephen Metcalfe (South Basildon and East Thurrock) (Con)
- Hansard - - - Excerpts

I congratulate my right hon. Friend on having put patients first in the whole process. As we move forward, we should approach the failures of the past more in sorrow than in anger, but we have to accept that that is a hard ask for my constituents who potentially have lost loved ones because of the catastrophic failures of the past inspection regime. That is why my constituents are impatient for change. If hospitals do not make the changes necessary in the required time, what sanctions will be imposed?

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

The entire system will be accountable for making sure that change is delivered. That is part of the change that we are making through the statement this afternoon. My hon. Friend’s hospital will be inspected again within the next 12 months and we will be able to see what progress has been made. There will be further independent inspections after that, so his constituents will have confidence that an independent expert is casting an eye over the health care that they are receiving and telling them the unvarnished truth about whether they can trust it or not.

Tougher legislation on dangerous dogs

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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Sharon Hodgson Portrait Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)
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Following the brutal and totally unprovoked attack on the 13-year-old Sunderland schoolgirl Meghan Reynolds, which left her requiring four hours of surgery and 48 stitches to horrific facial wounds, almost 100 of my constituents have signed petitions on this subject, and numerous petitions are still in circulation. I will present those to the House at a later date. I, too, am presenting a petition in identical terms to that of my hon. Friend the Member for Bolton West (Julie Hilling), who has passionately led this campaign and pushed for tougher legislation on dangerous dogs.

The petition states:

The Petition of residents of Washington and Sunderland West,

Declares that seven children and two adults have been killed by dogs since 2006, and that 6,000 admissions to hospital are caused by dog attacks each year leaving many victims scarred for life; notes that the introduction of Dog Control Notices is supported by many organisations including the Kennel Club, the Dogs Trust, RSPCA, Royal College of Nursing, British Veterinary Association and the Communication Workers Union; and believes that the Government’s current proposals on dangerous dogs do not go far enough.

The Petitioners therefore request that the House of Commons urges the Government to amend the law to cover attacks on people and animals on both private and public property, to enforce Dog Control Orders, to introduce Dog Control Notices giving the authorities the power to intervene, to introduce the compulsory micro-chipping of all dogs and to promote responsible dog ownership, including training owners and dogs.

And the Petitioners remain, etc.

[P001205]

Points of Order

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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14:37
Lord Austin of Dudley Portrait Ian Austin (Dudley North) (Lab)
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On a point of order, Mr Speaker.

John Bercow Portrait Mr Speaker
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I hope it will be a point of order, rather than a point of mischief—I have known the hon. Gentleman for 30 years—but we will hear it.

Lord Austin of Dudley Portrait Ian Austin
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The Secretary of State has said repeatedly, and just a moment ago for the final time, that Members on the Opposition Benches had not supported a culture of transparency in the NHS, yet during these questions he has heard Member after Member, including myself, saying that we supported the inquiry, we provided details to it, we arranged meetings for our constituents—[Interruption.] What advice can you provide so that he does not come here and mislead the House in this way again? [Interruption.]

John Bercow Portrait Mr Speaker
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Order. [Interruption.] Order. I am perfectly capable of handling these matters without any sedentary interjections from hon. Members on either side of the Chamber. The first thing the hon. Gentleman must do is to withdraw the accusation of misleading the House, which is an unparliamentary accusation. If he wants to use another word, he may, but he must not accuse a Member of misleading the House. I ask him to withdraw.

Lord Austin of Dudley Portrait Ian Austin
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Yes. What the Secretary of State said is clearly not supported by the facts, but I am happy to withdraw the word that you have asked me to withdraw. I withdraw the word.

John Bercow Portrait Mr Speaker
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I am grateful to the hon. Gentleman for withdrawing that word. Beyond that we need not go today. I thank him for that.

Debbie Abrahams Portrait Debbie Abrahams (Oldham East and Saddleworth) (Lab)
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On a point of order, Mr Speaker. Yesterday the Secretary of State for Work and Pensions and the Prime Minister made very misleading statements about the impact of welfare reform—

John Bercow Portrait Mr Speaker
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Order. I am sure that the hon. Lady is not suggesting that any misleading statements were made in this House. Can she just be clear that she is not saying that?

Debbie Abrahams Portrait Debbie Abrahams
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Not in this House.

John Bercow Portrait Mr Speaker
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Right. If the hon. Lady has a point of order, let us hear it briefly.

Debbie Abrahams Portrait Debbie Abrahams
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Misleading statements were made, not in this House, but in relation to Government business. The Government have been rebuked on a number of occasions, for example by the chair of the UK Statistics Authority, for making misleading remarks. It is unparliamentary behaviour. What action can be taken?

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Order. I simply say to the hon. Lady that, although I understand that emotions on these matters are extremely highly charged, where there are references to conduct outside the Chamber, by definition the matter is not parliamentary and, therefore, there can be no question of the Chair being expected properly to rule on the matter. She has made her wider point and it is on the record. I think that we must leave it there for today.

If there are no further points of order, we now come to the ten-minute rule motion, for which the right hon. Member for Lagan Valley (Mr Donaldson) has been exceptionally patiently waiting.

Tougher legislation on dangerous dogs

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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Nic Dakin Portrait Nic Dakin (Scunthorpe) (Lab)
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I am proud to present this petition on behalf of citizens of the United Kingdom, including many residents of my Scunthorpe county constituency, in identical terms to that presented by my hon. Friend the Member for Bolton West (Julie Hilling).

The petition states:

The Petition of residents of Scunthorpe County,

Declares that seven children and two adults have been killed by dogs since 2006, and that 6,000 admissions to hospital are caused by dog attacks each year leaving many victims scarred for life; notes that the introduction of Dog Control Notices is supported by many organisations including the Kennel Club, the Dogs Trust, RSPCA, Royal College of Nursing, British Veterinary Association and the Communication Workers Union; and believes that the Government’s current proposals on dangerous dogs do not go far enough.

The Petitioners therefore request that the House of Commons urges the Government to amend the law to cover attacks on people and animals on both private and public property, to enforce Dog Control Orders, to introduce Dog Control Notices giving the authorities the power to intervene, to introduce the compulsory micro-chipping of all dogs and to promote responsible dog ownership, including training owners and dogs.

And the Petitioners remain, etc.

[P001206]

Victims and Survivors (Northern Ireland)

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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Motion for leave to bring in a Bill (Standing Order No. 23)
14:40
Jeffrey M Donaldson Portrait Mr Jeffrey M. Donaldson (Lagan Valley) (DUP)
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I beg to move,

That leave be given to bring in a Bill to amend the definitions of victims and survivors for the purposes of the Northern Ireland Act 1998, the Victims and Survivors (Northern Ireland) Order 2006 and related legislation; and for connected purposes.

The current definition of a victim and survivor in Northern Ireland, and specifically the definition contained in the 2006 order, is a matter of controversy and is not accepted by the vast majority of innocent victims and survivors in Northern Ireland. Why is it unacceptable? In every conflict there are two sides, but in the case of Northern Ireland the previous Government determined that anyone affected by the troubles, either through the loss of a loved one or through psychological trauma or physical injury, would be defined as a victim and survivor. In effect, that means that innocent victims are equated with those who joined illegal terrorist organisations and went out to commit murder and destruction in Northern Ireland, and indeed in other parts of the United Kingdom, because I am minded that not all the victims of terrorist violence relating to Northern Ireland were in Northern Ireland. One thinks of the victims of outrages in Birmingham, Manchester, here in London, in Guildford and in Brighton, where the IRA sought to murder the Prime Minister of the day and members of her Cabinet. That was an act not only of terrorism, but of treason under the law of the United Kingdom.

The reality is that today in Northern Ireland the people who perpetrated those acts of terrorism, whether republican or loyalist, or of any other affiliation, if they were injured during the troubles, or if through an act of their own commission they were subjected to psychological trauma or physical injury, are regarded as a victim and survivor for the purposes of the current legislation. I believe that is simply morally indefensible. It is deeply hurtful to the innocent victims on both sides in Northern Ireland, because we are talking about not only IRA atrocities, but those committed by loyalists. The notion that those who went out with guns and bombs to take innocent life are defined under the current legislation as victims and survivors is just plain wrong.

I will give one example. The notorious Shankill bomb was exploded by the provisional IRA outside a butcher’s shop in the heart of Belfast on a busy Saturday afternoon. Many innocent people lost their lives that day as a result, but the bomber, Thomas Begley, was also killed. Yet under the definition of a victim and survivor, Thomas Begley, who murdered nine innocent people that day, is regarded as a victim. I believe that is unacceptable.

Imagine the outcry there would be if the Government were to introduce legislation determining that those who planted bombs on the London underground and on buses here in our capital city, murdering innocent people, are the same as those they murdered and should be regarded as such under the law. Imagine the outcry there would be in this city. Yet in Belfast and in my home city of Lisburn the victims have to put up with that reality.

That has significant consequences, for example in dealing with the past in Northern Ireland. A few years ago the Eames-Bradley report put forward proposals for dealing with the legacy of the past, one of which was that there should be a recognition payment for the families of those who were killed during the troubles. Under the definition of a victim and survivor, the same recognition payment would go to the families of IRA and loyalist terrorists as would go to the families of the innocent victims. Consequently, on that issue alone the Eames-Bradley report fell. This has significant consequences for how we deal with the past in Northern Ireland.

Therefore, given that primary legislation is involved, not least the Northern Ireland Act 1998, which sets the broad parameters of the peace process and implementing agreements, we in this House ought to deal with this situation by amending the Act. We ought to address the hurt felt by innocent victims in Northern Ireland who feel that it is wrong that someone who pulled a trigger or planted a bomb is treated in the same way by the definition as their innocent victims.

To support that contention, let me quote from an e-mail I received yesterday from one of those innocent victims, Ann Travers, who has become quite prominent recently by speaking out on victims issues and who happened to become aware that I would be asking for leave to bring in a Bill today. She wrote:

“On the 8th April 1984 the IRA murdered my 23 year old sister Mary and attempted to murder my father”—

he was a judge—

“shooting him 6 times and attempted to murder my mother by holding a gun to her head, only for it to jam twice, while my family were walking home from mass. I was 14 at the time and this evil incident has affected my whole life. The men and woman who woke up that Sunday and chose to go out to murder can not be considered victims in the same sense as my sister, my parents, my brothers and myself. It is bizarre that we equate the perpetrators of murder along with their victims in Northern Ireland. After our sister’s murder, neither my brothers nor myself chose to get revenge by joining an illegal organisation. To put it in the simplest terms, imagine the following scenario: my family is attacked by the IRA, the gunman shoots Mary in the back, an RUC land rover pulls up and a policeman shoots the IRA gunman in the back. Is he a victim in the same sense as my unarmed sister? In my opinion, he is not. By his own free will and choice he created victims in both my family and his own. It is time, in my opinion, that all innocent victims are given the consideration and respect that they deserve.”

I can put it no more eloquently.

I believe that it is a travesty that in Northern Ireland those who went out with murder in their hearts to destroy innocent life are regarded as victims for the purposes of legislation and equated with those innocent people who were cut down in cold blood on our streets, and I include in that the courageous men and women who served in our armed forces, the Royal Ulster Constabulary and the emergency services, and put their lives at risk. They, too, are innocent victims along with the many civilians murdered in the course of the troubles.

In presenting this Bill, I ask the House to give careful consideration to these issues, and I hope that right hon. and hon. Members will give leave for the Bill to proceed. This is an injustice that needs to be addressed. I recognise that there must be input from others on this matter, but we cannot allow this travesty to continue unchecked.

Question put and agreed to.

Ordered,

That Mr Jeffrey M Donaldson, Mr Nigel Dodds, Bob Stewart, Kate Hoey, Lady Hermon, Dr William McCrea, Mr Gregory Campbell, Philip Davies, David Simpson, Mr David Nuttall, Jim Shannon and Sammy Wilson present the Bill.

Mr Jeffrey M Donaldson accordingly presented the Bill.

Bill read the First time; to be read a Second time on Friday 22 November, and to be printed (Bill 92).

Tougher legislation on dangerous dogs

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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Heidi Alexander Portrait Heidi Alexander (Lewisham East) (Lab)
- Hansard - - Excerpts

I, too, would like to present a petition in identical terms to that of my hon. Friend the Member for Bolton West (Julie Hilling), calling for tougher legislation on dangerous dogs. I present it on behalf of my constituents of Lewisham East.

The petition states:

The Petition of residents of Lewisham East,

Declares that seven children and two adults have been killed by dogs since 2006, and that 6,000 admissions to hospital are caused by dog attacks each year leaving many victims scarred for life; notes that the introduction of Dog Control Notices is supported by many organisations including the Kennel Club, the Dogs Trust, RSPCA, Royal College of Nursing, British Veterinary Association and the Communication Workers Union; and believes that the Government’s current proposals on dangerous dogs do not go far enough.

The Petitioners therefore request that the House of Commons urges the Government to amend the law to cover attacks on people and animals on both private and public property, to enforce Dog Control Orders, to introduce Dog Control Notices giving the authorities the power to intervene, to introduce the compulsory micro-chipping of all dogs and to promote responsible dog ownership, including training owners and dogs.

And the Petitioners remain, etc.

[P001207]

Defence Reform Bill

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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[Relevant documents: The Seventh Report from the Defence Committee, Session 2012-13, Defence Acquisition, HC 9, and the Government response, HC 73]
Second Reading
14:52
Lord Hammond of Runnymede Portrait The Secretary of State for Defence (Mr Philip Hammond)
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I beg to move, That the Bill be now read a Second time.

The defence of the United Kingdom and the protection of our national interests must be the priority of any Government. The brave men and women of our armed forces do an exceptional job, and I am sure all Members of the House will wish to pay tribute to their dedication, and to the sacrifices they make not only on operations but, as the tragic events in the Brecon Beacons at the weekend reminded us, on a daily basis.

The armed forces can perform their vital role only if we provide them with the capabilities they need to operate effectively and safely. We have a duty to them to ensure they have the tools they need in terms of manpower, training, equipment and logistical support. At the same time, we must deal with the black hole we inherited in the defence budget, and the Ministry of Defence has had to contribute its share to the broader challenge of correcting the public sector structural deficit.

Jim Murphy Portrait Mr Jim Murphy (East Renfrewshire) (Lab)
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I wish to respond not to the Secretary of State’s discordant point but to address his earlier comment and say that Her Majesty’s Opposition wholeheartedly share the expression of sympathy offered by the Secretary of State about events in Brecon. I know there are limits to what he can say at this early stage because it is subject to a police inquiry, but can he share any more details with the House about his understanding of those tragic events? In particular, there have been suggestions that training regimes may recently have been altered as part of efforts to boost the number of reservists, but I suspect that they are unfounded. Will he say what he feels he can say at this early stage?

Lord Hammond of Runnymede Portrait Mr Hammond
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I understand that the right hon. Gentleman desires to get to the bottom of this matter—as do we all—but he is right that there is little I can say. An inquiry by Dyfed-Powys police is under way, and when it is complete there will be a service inquiry into the events of last weekend. We will get to the bottom of what happened, and if there are systemic lessons to be learned, we will learn them. I give the right hon. Gentleman an undertaking that once the inquiry is complete, I will report to the House in an appropriate way.

The need to address the public sector structural deficit and the deficit in the defence budget has meant tough decisions and a relentless focus on squeezing more capability out of what remains the world’s fourth largest defence budget.

John Baron Portrait Mr John Baron (Basildon and Billericay) (Con)
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My right hon. Friend talked, quite rightly, about the first duty of government, but he will be aware that some of us on the Government Benches are concerned that misguided Army reserve plans will throw up false economies and unacceptable capability gaps. Given that the present Territorial Army mobilisation rate is 40%, will he explain how we are trying to plug a gap from the loss of 20,000 regular troops with only 30,000 reservists? A 40% figure would suggest that we need nearer 50,000.

Lord Hammond of Runnymede Portrait Mr Hammond
- Hansard - - - Excerpts

My hon. Friend’s view on this matter is well known. Two weeks ago the Government set out robust proposals in a White Paper, “Future Reserves 2020”. I am confident we will be able to deliver the force we have set out, and that that force will support the level of ambition for deployment set out in the strategic defence and security review 2010.

Nick Smith Portrait Nick Smith (Blaenau Gwent) (Lab)
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Will the Secretary of State give way?

Lord Hammond of Runnymede Portrait Mr Hammond
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I will take one more intervention and then I must make some progress.

Nick Smith Portrait Nick Smith
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Will the Secretary of State tell the House the annual recruitment targets for reservists for each remaining year of this Parliament?

Lord Hammond of Runnymede Portrait Mr Hammond
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I suspect the hon. Gentleman is referring to figures that were put in the public domain last year before this process was fully under way. I have said to the House that I will be transparent about recruitment and trained-strength targets. Later this year we intend to begin publishing quarterly figures, and we will set out the expected forward trajectory at the same time. As I said the week before last, and will say again now, the path will not be smooth and there will be some lumpiness in it. The structural changes we are making in the regular Army and the Army Reserve will have an impact at the front end, but in the long run it will support the growth of reserves that we all seek.

Eliminating waste and inefficiency in our procurement systems, and making best use of the skills available, whether they are in the public or private sector, or indeed in the regular or reserve forces, are at the heart of our plan for sustainable and effective defence in times of austerity. The Government have set about transforming the way that defence is managed and delivered. Starting with the strategic defence and security review in 2010, we have looked hard at how we can carry out our activity to see whether it can be improved. As part of that process, my predecessor asked Lord Levene of Portsoken to conduct an in-depth review into every aspect of how we manage defence, and we are well advanced in implementing the changes he recommended.

Ensuring our forces have the right equipment, delivered on time, is essential if we are to maintain our capabilities in the future, and ensuring we do that cost-effectively is critical if we are to sustain them. Making full use of the expertise and skills of our reserve forces is crucial if we are to meet the security challenges that we face with smaller regular forces. In most areas, we are able to deliver defence transformation through changing the way we are organised and the way we do things in the Ministry of Defence. In two areas—procurement and the use of reserves—primary legislation is required to complete the programme.

Kate Green Portrait Kate Green (Stretford and Urmston) (Lab)
- Hansard - - - Excerpts

I am glad that the Secretary of State is about to expand on procurement. Will he confirm that in securing a reliable and cost-effective supply of equipment, there will be open competition for a wide range of suppliers—including those such as Joseph Gleave & Son in my constituency, which has supplied the Department for many years—and that the Government procurement model will not squeeze out smaller businesses that have been supplying in the past.

Lord Hammond of Runnymede Portrait Mr Hammond
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The Government have a focused initiative to increase participation of small and medium-sized enterprises in the defence supply chain. Such businesses provide a tremendously important part of our defence resilience. Because they are often buried in complex supply chains led by a large prime contractor, their contribution is not always noticed as much as it should be, but they are an important part of the equation. I will come later to the balance between open competitive procurement and single-source procurement, which is at the heart of part 2.

The Bill has three main parts. Parts 1 and 2 deal with defence procurement and part 3 deals with our reserve forces. Turning first to procurement, I think that few in this House would not agree that the way in which we develop, specify, procure and support defence equipment can and must be improved. We have already made significant progress, but we recognise that fundamental change is needed if we are to sustain that progress and to deliver the equipment that the armed forces need and the value for money that the public are entitled to expect. Now is the time to make those changes.

For decades, our defence equipment programme has suffered from poor time and cost forecasting and poor project and programme management, leading to delays, cost overruns and specification failures. We have to address these issues by challenging the pattern of incentives and behaviours once and for all. That is why, after success on military operations, my priority as Defence Secretary has been to establish, for the first time, a fully costed and deliverable 10-year equipment plan. This has now been achieved and published. Our armed forces now have the certainty that the equipment they are expecting has been both planned for and is properly funded. However, if we are to deliver this programme consistently and to entrench a better method of working to provide a better service to the front line in future, we need fundamentally to reform our defence acquisition processes and structures.

The previous Government were of course aware of this problem. Towards the end of their time in office, they commissioned the independent report by Bernard Gray into the acquisition process. That report found serious structural and cultural problems in the way in which we procure defence equipment. We have considered carefully its analysis and the options available for reform of Defence Equipment and Support. My predecessor appointed its author as Chief of Defence Matériel, with a remit to take the reform agenda forward. The results of that work are set out in the White Paper, “Better defence acquisition”, which I published on 10 June this year.

Our preference is to transform the existing Defence Equipment and Support organisation into a Government-owned, contractor-operated organisation—a GoCo. We believe that this model is the one most likely to embed and sustain the significant behavioural change required to transform defence acquisition. However, belief alone is not enough, and we will test this proposition through a commercial competition and against a public sector comparator. If, at the end of this rigorous evaluation process, a GoCo is assessed to be the best-value-for-money option, a private sector partner will be appointed to manage DE&S on behalf of the Secretary of State. This will be a radical change, but not quite as radical as some of the more lurid headlines have suggested.

Peter Luff Portrait Peter Luff (Mid Worcestershire) (Con)
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I am most grateful to my right hon. Friend for his compelling speech and for giving way. May I ask him about the timetable for the process he has outlined? When will these things actually happen?

Lord Hammond of Runnymede Portrait Mr Hammond
- Hansard - - - Excerpts

We expect to reach a decision point in the commercial process next spring. If we go down the route of appointing a GoCo, we expect the GoCo operator to be appointed late in 2014 or at the very beginning of 2015.

Tobias Ellwood Portrait Mr Tobias Ellwood (Bournemouth East) (Con)
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I am grateful to the Secretary of State for explaining what is happening with the GoCo. A number of international companies would be interested in applying to run it. Is there any requirement that it needs to be run by a British company, or would it be open to tenders from across the world?

Lord Hammond of Runnymede Portrait Mr Hammond
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The proposition is that a GoCo would be a UK-registered and domiciled company paying its taxes in the UK, but we expect that its shareholders will include international partner firms. The GoCo that runs the Atomic Weapons Establishment includes three non-UK companies in its shareholder register, and I see no reason to expect that the result of this competition would be different. We would expect British and non-British companies to be involved in the ownership, but the GoCo itself will be a British company.

Gerald Howarth Portrait Sir Gerald Howarth (Aldershot) (Con)
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The Secretary of State will be aware that there are concerns among those in industry that their intellectual property may not be protected. Given that there is a very high degree of competition between the United States and the United Kingdom, the admission of a US company into the inner workings of the British Ministry of Defence across a wide range of areas would not be the same as the co-operation on the Atomic Weapons Establishment at Aldermaston, where the United States and the United Kingdom are completely in agreement.

Lord Hammond of Runnymede Portrait Mr Hammond
- Hansard - - - Excerpts

I am grateful to my hon. Friend, who will have thought very carefully about these matters. Of course, this goes to the heart of the deliberations that we have been having. We are confident that we can put in place a model that will protect intellectual property—an issue to which I shall return.

Baroness Stuart of Edgbaston Portrait Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)
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On a similar theme, what have been the discussions with the United States about the transfer of classified information in this context?

Lord Hammond of Runnymede Portrait Mr Hammond
- Hansard - - - Excerpts

I shall talk about confidential information later in my speech. DE&S has access to certain confidential information at the moment. The arrangements will provide for the GoCo to have access to that confidential information under a regime that retains its confidentiality and ensures that it will be maintained. If the hon. Lady will bear with me, I shall address that very shortly.

If, at the end of the evaluation process that I have described, a GoCo is assessed to be the best value-for-money option, a private sector partner will be appointed to manage DE&S on behalf of the Secretary of State. As I said, this will be a radical change, but not quite as radical as some have suggested. The GoCo will always act as the Secretary of State’s agent. All contracts entered into will continue to be in the Secretary of State’s name, and strategic governance will be provided by a governance function that will remain within the MOD. The GoCo’s customers will be the front-line commands and the MOD itself; it will work to their agenda and their priorities. I can therefore assure the House that this is absolutely not about handing over billions of pounds of taxpayers’ money to a private company and leaving it to decide what kit to buy for our armed forces.

The commercial competition is under way, and we expect it to be completed by spring next year. In parallel, we are developing a robust public sector comparator, which we call DE&S-plus, that will explore how far it is possible to go in reforming the organisation, making the maximum use of freedoms and flexibilities that we can negotiate within the public sector. If, at the end of this process, the GoCo model is indeed the chosen option, legislation needs to be in place so that we can move quickly to sign a contract with the successful bidder once a final decision is made.

Baroness Stuart of Edgbaston Portrait Ms Stuart
- Hansard - - - Excerpts

The Secretary of State might address this point later, but how does he envisage that the GoCo will be accountable to Parliament? Would it appear in front of the Public Accounts Committee or the Defence Committee?

Lord Hammond of Runnymede Portrait Mr Hammond
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The Secretary of State will remain accountable to Parliament, but we expect that the GoCo will have an accounting officer, probably its chief executive officer, who will therefore be liable to be called before the Public Accounts Committee.

Part 1 of the Bill sets out the provisions and safeguards necessary to underpin the operation of a GoCo. The most important element of almost any organisation is its people, and the smooth transfer of the DE&S work force to the GoCo operating company will be vital to its future success. The Bill confirms that the initial transfer of civil servants would be covered by the TUPE regulations. By virtue of being a contractor-operated entity, the GoCo would have considerable freedoms, particularly relating to its ability to recruit and reward its staff at market rates—freedoms that are not usually available to public sector bodies. The Bill confirms that in its activities on behalf of the Secretary of State it will enjoy certain statutory immunities and exemptions that are currently enjoyed by the Crown—for example, in relation to the Health and Safety at Work etc. Act 1974 and the Nuclear Installations Act 1965.

In addition to those freedoms, we also need to put in place a number of safeguards to protect Government and taxpayer interests. Therefore, the Bill provides the Secretary of State with the power to create a scheme to transfer the business to another contractor or, in extremis, back to the MOD, should that prove necessary. The Bill also provides for the Ministry of Defence police to have clear jurisdiction to investigate any offences that may relate to defence work carried out by contractors. It also makes provision to allow the Secretary of State to disclose information that he has received in confidence to a contractor, and to authorise the use of intellectual property. Clause 7 and schedule 2 put in place appropriate safeguards to prevent the unauthorised use or disclosure of confidential information by either the GoCo or its employees.

I am determined to drive a step change in the way in which the MOD carries out its defence procurement business, and to do so rapidly. The gradual erosion of skills and capability in the organisation over recent years cannot be allowed to continue if we are to ensure the MOD’s ability to deliver equipment to the front line. The measures in part 1 of the Bill will allow us to make the transition to a GoCo at the conclusion of the commercial competition, subject, of course, to the bids representing value for money for the taxpayer.

Part 2 relates to single-source procurement. Open competition remains the best way of ensuring value for taxpayers’ money. However, sometimes there is only a single provider of a capability we require, such as nuclear propulsion units. Sometimes the need to maintain critical national industrial capabilities or sovereign control of the intellectual property in equipment programmes requires us to place contracts with UK companies without a competitive process. European Union public procurement regulations specifically allow this for military equipment.

This so-called single-source procurement typically accounts for about 45%—about £6 billion a year—of the total that the MOD spends on Defence Equipment and Support, and it is likely to remain at that level for at least the next decade or so. Clearly, in the absence of the disciplines of the marketplace there needs to be a set of rules governing single-source procurement in order to ensure proper protection for the taxpayers’ interest.

The MOD currently uses a framework for single-source procurement that has remained largely unchanged for the past 45 years—the so-called yellow book. Under this system, which is voluntary, the profit that contractors can earn is fixed, but there are few if any incentives for them to reduce costs. Clearly, this does not serve the best interests of the taxpayer and neither does it help industry to maintain a competitive focus that will allow it to succeed in export markets. It is therefore in the interests of both the MOD customer and its industrial suppliers to create a framework with incentives for efficient and competitive behaviour.

In 2011 the Government commissioned Lord Currie of Marylebone to undertake an independent review of the yellow book. He recommended a new framework based on transparency, with much stronger supplier efficiency incentives and underpinned by more robust governance arrangements. Based on his recommendations and following extensive consultations with our major single-source suppliers, we have developed a framework that will be introduced through regulations provided for in part 2 of the Bill. At its core is the principle that industry gets a fair profit in exchange for providing the MOD with transparency on costs and the protections we need to ensure value for money. It will align the MOD and industry by allowing additional profit to be earned through delivery of defined efficiencies, sharing the benefits between industry and the taxpayer. A statutory basis for the regime will ensure widespread coverage across our single-source supply base and allow application of the regime throughout the single-source supply chain.

To police the new framework we will create a small, arm’s length body, to be known as the single source regulations office, with approximately 30 staff. Its role will be to keep the statutory framework under review and to monitor adherence to it. It will replace an existing non-departmental public body that has little power other than to oversee a voluntary framework that can be amended only by consensus. The existing regime has failed to evolve to reflect changing circumstances, largely because either party can block any change that it regards as contrary to its own interests.

The single source regulations office will ensure that we do not have to wait another 45 years to update the regime. It will be a source of expert advice to the Secretary of State and it will also act as expert adjudicator in disputes between the MOD and our single-source suppliers. Crucially, it will advise the Secretary of State on the setting of key profit rates for single-source contracts.

Critical to ensuring that the MOD is able to negotiate prices that are fair and reasonable to both suppliers and taxpayers is the generation of better quality and more standardised cost data. Therefore, regulations enabled by this Bill will introduce a requirement for standard reports throughout the life of single-source contracts worth more than £5 million, allowing the MOD to build up a database against which future pricing assumptions can be judged and on the basis of which more robust, long-term cost forecasts can be made.

On contracts above £50 million, suppliers will also have to provide quarterly contract reports to support effective contract management, report any relevant events and deliver information about their overhead costs, allowing us better to align the industrial capacity the MOD is paying for with our long-term capability requirements. Clause 25 also creates a power for the MOD to gain access to suppliers’ records.

In order to ensure that suppliers fulfil their reporting and transparency obligations, the Bill includes a compliance regime. Failure to provide the required information on a timely basis will result in a penalty being applied under a civil penalty regime. Penalties will vary with the value of the contract and the single source regulations office will act as the appeal body for the compliance regime.

We recognise that we are requiring our suppliers to provide unprecedented levels of sensitive commercial information that would be of great value to their competitors or to market analysts. We need this information to ensure we get value for money on what is a significant proportion of defence spending, but obtaining proprietary information by statute imposes on Government a duty to secure its proper protection. In order to ensure that the increased level of transparency and reporting we require is not subject to abuse, the Bill creates a new criminal offence of unauthorised disclosure of sensitive information obtained under the new single source framework, such as forecast financial performance and investment or rationalisation plans.

Given that confidential and commercially sensitive information is already exempt from freedom of information requests, we do not think it will be necessary to bar release under the Freedom of Information Act in order to protect the information. However, I am clear about our obligation to our suppliers in respect of their sensitive information and the Bill creates an order-making power to allow the Secretary of State to invoke a full statutory bar on disclosure under FOI if the routine exemptions prove inadequate to protect the exceptional level of information that we are requiring to be disclosed to us.

Julian Brazier Portrait Mr Julian Brazier (Canterbury) (Con)
- Hansard - - - Excerpts

The framework being described by my right hon. Friend is largely welcome, but it seems odd that it is being applied to only part 2 and the 45% spent on single-source procurement. Many of us support in principle the idea of the GoCo, but introducing more commercial entities to the organisation that buys the other 55% of the kit could expose more commercial-in-confidence material to outside bodies than would be the case under a single-source supplier.

Lord Hammond of Runnymede Portrait Mr Hammond
- Hansard - - - Excerpts

I assure my hon. Friend that the arrangements for our relationship with the GoCo, which will be largely contractual but partly regulatory, will also protect confidential information and make appropriate arrangements for the use of intellectual property held by the Secretary of State. I am dealing with the specific regime that will apply to part 2 contracts with single-source suppliers.

The new single-source regime will incentivise efficiency in operating costs and the minimisation of overheads. It will align the interests of the MOD and its suppliers, and support the competitiveness of the UK defence industry in both domestic and foreign markets.

Finally, I turn to the third part of the Bill, which relates to our reserve forces.

Gerald Howarth Portrait Sir Gerald Howarth
- Hansard - - - Excerpts

I am grateful to the Secretary of State because he has given way many times. Before he turns to the reserves, may I ask him about defence research? As he will know, my hon. Friend the Member for Mid Worcestershire (Peter Luff) and I feel strongly that we are not spending enough on defence research in this country. How does he see the protection of that important base being secured? Will it be handed over to the GoCo? What will be the regime to govern research?

Lord Hammond of Runnymede Portrait Mr Hammond
- Hansard - - - Excerpts

My hon. Friend knows well, because he was a Minister at the time, that we made a commitment that a fixed minimum percentage of the defence budget will be spent on research and development. That is a matter of policy and such matters will remain for the MOD to determine. If a GoCo is appointed, it will execute policy, not make policy. I am happy to give him that reassurance.

Our reserves make an essential contribution to delivering the nation’s security at home and overseas. They are a valuable and highly valued part of our armed forces who work alongside their regular counterparts to deliver our military capability. Earlier this month, I published a White Paper that signalled a step change in the offer that we make to individual reservists and their employers. It set out a range of measures to revitalise the reserve forces and reverse the decline of the recent past, including paid annual leave and pension entitlements in respect of training days, access to key defence health services, greater predictability of reservists’ liability for call-out and a £500 per month per reservist award to small and medium-sized enterprises when their reservist employees are mobilised. There will also be substantially improved equipment and training opportunities.

Helen Goodman Portrait Helen Goodman (Bishop Auckland) (Lab)
- Hansard - - - Excerpts

I asked the Secretary of State a parliamentary written question because the centre in Bishop Auckland in my constituency is to close. I asked what that will save the Government. Instead of answering the question, I received the information that the Government are investing £8 million in the reserve estate. I would like to give him another opportunity to answer the question. How much is being saved? Quite honestly, if nothing is being saved, do not close it.

Lord Hammond of Runnymede Portrait Mr Hammond
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I do not know whether the hon. Lady was in the House for my statement on the reserves. If she thinks that closing Army Reserve bases is about saving money, she has the wrong end of the stick. It is about delivering the commitments that we have made to the Army Reserve about training, equipment and proper organisation. It is about reflecting the changes in the regular Army and our commitment that reserve units will be paired with regular Army units.

I cannot answer the hon. Lady’s specific question at the Dispatch Box, but I will write to her. The vast majority of sites from which we are withdrawing Territorial Army or Army Reserve activity will remain because they house cadet units that will continue, so that is likely to be the case. This is not about saving money; it is about organising the reserve forces in a way that allows them to make their vital contribution to Future Force 2020.

The White Paper details a comprehensive package of changes that will allow us to create the integrated regular reserve force of the future. A small number of the planned changes require primary legislation. The first of those is the renaming of the Territorial Army. The TA was founded in 1908 and has served this country superbly in peace and in war. However, today’s TA soldiers have a function that is far wider and more important than the original home defence role envisaged by Haldane. As we reshape the Army—regulars and reserves—for the 21st century, it is right that we change the name of the TA to the “Army Reserve” better to reflect its future role. The Bill also provides for the consequential renaming of the Army’s ex-regular reserve force as the “Regular Reserve”.

Reflecting the integral role that reservists will play in almost all future military operations, the Bill extends the powers to mobilise reservists across all three services. Under the Reserve Forces Act 1996, reservists can be mobilised only under specific circumstances. The Bill will enable reservists to be mobilised for the full range of tasks that the armed forces may be asked to undertake.

Bob Stewart Portrait Bob Stewart (Beckenham) (Con)
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This is just a small point, but I recall that the Territorial Army was deployed to the 1st British Corps of the British Army of the Rhine, so it has not dealt just with home defence.

Lord Hammond of Runnymede Portrait Mr Hammond
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My hon. Friend is absolutely right. The role of the Territorial Army has evolved and it will evolve further. My point was that when Haldane introduced it in 1908 by consolidating the county militias, he had in mind a home or territorial defence role, which the name reflects. I am happy to agree with my hon. Friend that the role that the TA has played over the years has been substantially greater than the role envisaged for it originally.

Hon. Members on both sides of the House have raised concerns over the possibility of employment discrimination against reservists. The Bill provides improved employment protection by allowing a right of access to the employment tribunal without a qualifying employment period for an unfair dismissal claim where the dismissal relates to the employee’s reserve service. Separately, there is already a criminal offence of dismissal because of call-out for reserve service.

However, we recognise that there is a perception among many reservists that they are disadvantaged in the workplace by their reserve service. We believe that the changes that we have set out in the White Paper will greatly improve relations between reservists and their employers, but we take the issue of discrimination against reservists very seriously. We have established a webpage through which reservists can report incidents of perceived discrimination and we will investigate them. If we find that there is a case for further action, we will take it. We will consider whether further measures may be taken in the next quinquennial Armed Forces Bill, which is due to be introduced in this House in 2015.

Lord Arbuthnot of Edrom Portrait Mr James Arbuthnot (North East Hampshire) (Con)
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I am delighted with what my right hon. Friend has just said. Will he consider, among the further measures that might be taken, action to help reservists who find that their promotion is held back by their being in the reserve forces?

Lord Hammond of Runnymede Portrait Mr Hammond
- Hansard - - - Excerpts

I am grateful to my right hon. Friend. That example fits exactly into the category of discrimination in the workplace. We must look objectively at the examples that we are given to establish whether they constitute actual and systemic discrimination against reservists, rather than mere perceptions. The time scale that we have set out is appropriate. We have set up the webpage and are starting the process now. In 2015, when the next quinquennial Armed Forces Bill is introduced, the time will be right to analyse the information that we have received and to consider what action is appropriate.

The support of employers is crucial to delivering our future reserve forces, and we seek to strengthen the reservists and the MOD’s relationship with them. The White Paper set out a range of measures to deliver a sea change in those relationships. While small and medium-sized enterprises will benefit from all of the measures, I have acknowledged previously that reserve service can have a particular impact on them as a result of their scale. Therefore, by amending clause 44 of the Reserve Forces Act 1996 to allow the introduction of a financial award of £500 per month per reservist for SMEs when any of their reservist employees is mobilised, we will target additional resources at this sector and explicitly recognise the additional impact SMEs may have to absorb when a reservist employee is mobilised.

The measures in part 3 support the package of proposals set out in the White Paper. They will ensure that we have the well-trained, well-equipped and integrated reserve forces we need, which are able to deploy with their regular counterparts as part of Future Force 2020.

The driver for change running through the Bill is the requirement to deliver the capabilities our armed forces need while ensuring value for money for taxpayers, whether that is through better procurement or more efficient and effective use of the reserves. The measures contained within it allow fundamental change to how we procure our military equipment, and ensure that we will be able to make full use of our reserve forces in the future.

Whatever else we may disagree on, all of us in this House place the utmost importance on properly equipping and supporting our armed forces. The Bill will ensure that we can be confident of our ability to do so in the future. I hope the measures will command widespread support, and that we will be able to take them forward through this House and the other place on a consensual basis. I commend the Bill to the House.

15:28
Jim Murphy Portrait Mr Jim Murphy (East Renfrewshire) (Lab)
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Like the whole House, I listened intently to the Secretary of State’s necessarily detailed analysis of the specific points he announced in advocating the Bill. At the start of his speech he reflected on the tragedy in Brecon, and I associate the Opposition with his comments. After the controversy relating to today’s Health statement, I wish—I suspect to your satisfaction, Mr Deputy Speaker—to seek a more consensual approach to the tone of our debate. The principles driving the reforms in the Bill have the potential to unite all parts of the House.

Reform to defence procurement is vital to ensuring value for money, while upholding the highest possible standards and timely delivery of world-class equipment to our personnel. It is essential that increasing the number and enhancing the role of the reserve force be a success, in order to strengthen our front-line Army capability at a time when it has been subject to cutbacks. The Opposition’s aim is to ensure that these objectives are met through effective delivery, scrutinising the military as well as the financial implications of the Government’s proposals.

On Government-owned contractor-operated procurement, it is crucial that defence procurement practices be modernised to serve both the front-line overseas and the bottom line back home. Both parties agree that some of the issues that have plagued defence procurement have been insufficiently tackled by successive Administrations. In all Governments, momentum on modernisation has been lost. Major projects such as Eurofighter-Typhoon have grown greatly in cost and have been delivered years late. The roots of that lay in the late Baroness Thatcher’s Administration, showing just how far back some of these issues go.

Shared blame, however, is not as important as shared resolve, which is necessary to achieve meaningful reform. Such reform will come from greater professional project and programme management within Defence Equipment and Support, faster decision making, fuller accountability for outcomes, and longer-term integration of military expertise.

The Opposition are genuinely open-minded about the management structure that will deliver this change, which is why we accept the proposed legislation that will enable a GoCo model to be established. Supporting assessment of GoCo’s feasibility, however, is not the same as supporting its creation. The comparison between a GoCo and DE&S-plus, as it is inelegantly named, should, we believe, be based on the following principles.

First, reform must strengthen value for money within programmes, with industry adhering to targets on time and on cost. Secondly, the chosen procurement management model must retain parliamentary accountability for decision making—the point made by my hon. Friend the Member for Birmingham, Edgbaston (Ms Stuart)—so that oversight and scrutiny of multi-billion pound contracts is not hampered, but if possible enhanced. Thirdly, any change in management model must protect the rights of staff and engage with their trade union representatives, and finally, the procurement process should be characterised by talent and skill, with clear lines of responsibility, proper reward and career structures and a culture of consequences for those tasked with project management. Within that, military expertise has to be maximised without a single-service interest dominating decision making. The Opposition welcome a rigorous examination of all the options for achieving that and wish to see a genuine comparison made between the two options of GoCo and DE&S-plus.

Lord Arbuthnot of Edrom Portrait Mr Arbuthnot
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I am delighted with the right hon. Gentleman’s tone. I do not want to put words in his mouth, but can I take it that he has no objection, in principle, to a GoCo, but that he wishes to see how it works out in practice?

Jim Murphy Portrait Mr Murphy
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The right hon. Gentleman anticipates my point entirely. We wish to see reform. It is difficult to defend the status quo, which, despite the many efforts of the professionals involved, has ill suited successive Governments and has not delivered value for money. In addition to testing the logic of GoCo and DE&S-plus against the three principles I mentioned, we will consider the points the Defence Committee raised.

Further to the point made by the right hon. Gentleman, it is important that the comparison be genuine and be seen to be genuine. I say gently to the Secretary of State, however, that so far he has failed to guarantee that the Government will publish the findings of the two value-for-money studies. I hope they will take the opportunity, today or in Committee, to commit to doing so. It is essential that Parliament, industry and our armed forces have full confidence that affordability is a determining factor in this process, but that can be achieved only if we have public transparency in the findings prior to a final decision being made and Members being asked to vote in favour.

I hope, too, that we will receive reassurances about the role of Parliament and the National Audit Office in scrutinising the internal decision-making process of a GoCo. It is understood that the Secretary of State is ultimately accountable—to be fair, he said the same again today—but the decisions taken by the contractor in the handling of multi-billion pound projects should not be free from public oversight. It will also interest the House to know how reform will impact on one of the centrepieces of the 2011 Levene review, which was for service chiefs to

“take responsibility (and ultimately own the budget) for detailed capability planning”.

Any enhanced power for a contractor could contradict the increased control over budgetary management and planning given to the service chiefs.

Lord Hammond of Runnymede Portrait Mr Philip Hammond
- Hansard - - - Excerpts

I am happy to clarify that point. As the right hon. Gentleman knows, we are in the process of devolving budget responsibility to the front-line commands, including responsibility for equipment procurement and support, starting with the smaller equipment procurement projects, but eventually including all but the very largest and most strategic. They will be the customers for the GoCo, just as in the current model they are the customers for DE&S. One of the disciplines that the proposed change will introduce is a harder boundary between the customer and the provider. At the moment, we suffer from a permeable boundary that allows decision making sometimes to be a bit woollier than it should be.

Jim Murphy Portrait Mr Murphy
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I thank the Secretary of State for that genuinely helpful intervention. In Committee, we will have to interrogate the expertise of the civil servants operating at that interface. I mean no disrespect to anyone, but they are up against remarkably talented negotiators with an entirely legitimate commercial interest, so we have to get that interface right. The simplicity the Secretary of State spoke about is important.

Lord Hammond of Runnymede Portrait Mr Hammond
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I apologise for intervening on the right hon. Gentleman again, but that is exactly the point: the civil servants and the military people in the front-line commands—who are the customers—will interface with DE&S-plus or GoCo, which is their service provider. It is the service provider that will have to deal with the hard-nosed negotiators of the multi-billion pound international defence companies, and which will need to hire and fire in the marketplace at market rates in order to face them across the table on a level playing field—if I may mix my metaphors.

Jim Murphy Portrait Mr Murphy
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We are looking for a level playing field and a level negotiating table—if a metaphor it is—because this issue is so significant. I welcome what the Secretary of State said about hopefully simplifying and strengthening the process. However, procurement might have become a little more complicated as a consequence of a speech given today by the Chief Secretary to the Treasury in another place—which would normally mean the second Chamber, but which on this occasion appears to mean the Royal United Services Institute. We are pretty clear: Labour have always said that we are committed to the minimum credible independent nuclear deterrent. Actually, I should correct myself: we have not always said that.

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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I think it has always been the case for you, Mr Murphy.

Jim Murphy Portrait Mr Murphy
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You know me well, Mr Deputy Speaker. Since we were serious, we have always said—[Hon. Members: “Ooh!”] Sorry: since we are being serious about our nation’s defence and have a passing affection for the public’s opinion, we have always said that we are committed to the minimum credible independent nuclear deterrent, which we believe is best delivered through a continuous at-sea deterrent. It would require a substantial body of evidence for us to change that view, but the review published today does not appear to offer such evidence. We will continue to scrutinise today’s report on the grounds of capability, cost and disarmament. Labour will also continue to look at ways in which a minimum, credible, independent nuclear deterrent can be delivered most efficiently, based on protecting our capability, delivering value for money and advancing disarmament objectives.

Lord Walney Portrait John Woodcock (Barrow and Furness) (Lab/Co-op)
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If you will permit me for a moment to continue straying off the topic slightly, Mr Deputy Speaker, may I put on the record the fact that the shadow Defence team deserves a great deal of credit for keeping both sides of the House on the right path, both for the thousands of jobs in my constituency and for our future defence for generations ahead?

Lindsay Hoyle Portrait Mr Deputy Speaker
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Order. May I suggest to the hon. Gentleman that he should try to hold back his speech for tomorrow? I would not want him to use it all up today, and I think he got the point across.

Jim Murphy Portrait Mr Murphy
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I take your strictures about our not using the speeches we intend to give tomorrow, Mr Deputy Speaker, but I am not making a speech tomorrow—my hon. Friends will be speaking then—so I thought I would say it today.

The point I am making is about procurement, GoCo and DE&S-plus, and the complexity of the deterrent programme in that process. However, what we have learnt today is that the Lib Dem part of the Government has taken two years to review a policy and spent thousands of pounds of taxpayers’ money, only to conclude that the Lib Dems’ past policy was unachievable. Today they appear to have managed to advocate both a Trident-based system and part-time unilateralism simultaneously. That is a real achievement. The British people will marvel at the incompetence of suggesting that we should pay tens of billions of pounds to send boats to sea, while the media are now being briefed that on occasion they will not even carry missiles. That is like someone having a new, expensive burglar alarm at their home with no batteries and a sign above the door saying, “Come on in—no one’s at home”.

Martin Horwood Portrait Martin Horwood (Cheltenham) (LD)
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The right hon. Gentleman must understand and be accurate in his descriptions. This was not a Liberal Democrat review; it was a review by the Government, insisted on by the Liberal Democrats, which says:

“The analysis has shown that there are alternatives to Trident that would enable the UK to be capable of inflicting significant damage such that most potential adversaries around the world would be deterred.”

Credibility—

Lindsay Hoyle Portrait Mr Deputy Speaker
- Hansard - - - Excerpts

Order. We are in danger of running tomorrow’s debate today. I do not want to do that; I want to get back to the Bill. [Interruption.] No, you are taking the bait, Mr Horwood. It is no use looking to Mr Murphy; we know he is not here tomorrow, but you will be.

Jim Murphy Portrait Mr Murphy
- Hansard - - - Excerpts

Thank you, Mr Deputy Speaker. To be fair to the hon. Member for Cheltenham (Martin Horwood), it was impossible for him not to take the bait. [Interruption.] The Secretary of State sensibly says, “He’s the only Lib Dem here.” There is no audience, as it were, from his party for him to perform for, although the Chief Secretary to the Treasury will make the Lib Dems’ policy clear tomorrow in the Chamber—I hope. However, there is an issue—I will finish on this matter after this point, Mr Deputy Speaker—about how taxpayers’ money has been used to inform a Lib Dem process. I accept that the Government will say that the review is a Government document, but it was intended to inform the Lib Dem manifesto.

One of the primary arguments for a GoCo is its supposed ability to attract and retain higher skills and prevent a loss of talent from DE&S. The Opposition are clear about the need to increase the skill levels in our armed forces, but we recognise that this requirement limits itself to those in uniform. Those at the front line of defence procurement within government should be the equal in experience of those within industry—a point to which the Secretary of State has alluded. We will carefully scrutinise the procedures in place to ensure that the assessment phase is fair and transparent, and that sufficient controls are in place to ensure that those involved in the possible preparation of a GoCo cannot immediately go and work in that GoCo, a point to which we will return.

While we are on this theme, it seems unacceptable that the Government have not yet fully published their findings on The Sunday Times revelations on cash for access within the Ministry of Defence. The Secretary of State, of course, wrote to me on the matter, explaining the outcomes, but this was a private letter and I was not at liberty to disclose its contents and have chosen not to do so. I think it important, however, for the Secretary of State to provide the full details to the House.

Lord Hammond of Runnymede Portrait Mr Philip Hammond
- Hansard - - - Excerpts

I am grateful to the right hon. Gentleman but I was not aware that I had not explained the situation publicly. If he would care to ask me a written parliamentary question, I will publish in the public domain the full information I have provided to him.

Jim Murphy Portrait Mr Murphy
- Hansard - - - Excerpts

That is a kind offer from the Secretary of State, although he could have done so off his own back, and the problem is that we are running out of time for named day questions and replies. The alternative, with his permission, would be for me simply to tweet his letter. That would be quicker and I would be happy to do so if he so wishes. [Interruption.] With the Secretary of State’s permission, I will now tweet the letter I received some months ago detailing the Government’s response to The Sunday Times revelations.

These issues, alongside the impact of any reform of our strategic and working relationships with major international partners, particularly the US, and providing clarity on the ownership of risk, will be priorities for the Opposition. The restructuring of DE&S, however, should also be seen as part of a wider structural reform of defence procurement.

There is much else that I could have said, but time is against us today and my colleagues will raise in Committee additional points about sovereign capabilities, long-term planning and predictability for British industry, so I shall now turn briefly to reform of the reserves.

The Opposition want to ensure that reservist recruitment is successful so that the reserves can work alongside regulars to project force globally. Our reservists make an enormous contribution here at home in many ways. About 2,000 of them, some of whom I saw for myself when I went to see the Greco-Roman wrestling, helped to protect the London Olympics. Many serve overseas in far-away terrain in the name of national security. We should pay tribute to each one of those who have served, and above all to those who have lost their lives serving our nation.

While we champion the reserve force, we recognise the need to modernise. The name change to “Army Reserve” will reflect a modern composition and hopefully help to attract a new generation of recruits. The task ahead is, however, enormous and we should not pretend otherwise. The plan to double the size of the reserve forces to 30,000 by 2018 is now central to the Government’s ability to deliver their planning assumptions—originally, of course, designed for an Army of 95,000, but after further cuts now reliant on a regular force of just 82,000.

The scale of this task is underlined if we consider that the reserve forces of the US, Canada and Australia make up between 40% and 50% of their armies, as opposed to 20% here in the UK. Many analysts worry that, rather than reform of the Army being synchronised with that of the reserves, both are disjointed and the reserve uplift will not complement the regular Army but supplement lost capacity. Cuts in the regular Army are happening regardless of the success of any uplift in the reserves, rather than the one being contingent on the other.

This development comes as Army reserve recruitment has hit real trouble. The figures are publicly available—that recruitment targets were missed by more than 4,000 last year. Great care has to be taken to ensure that the loss of 26 Territorial Army centres does not make civilian communities in certain areas more disconnected from the military and disinclined to volunteer for the reserves.

Tobias Ellwood Portrait Mr Ellwood
- Hansard - - - Excerpts

I echo the tone adopted by the shadow Secretary of State, but I am concerned by his direction of travel. Will he not take some responsibility for what happened to the TA during the previous Government’s tenure? The size of the TA fell by 40% and recruitment was down by tens of thousands. As a member of the TA, I remember an announcement from this place that training was to be cut and that no funding would be provided. He must acknowledge that the previous Government have some responsibility for where things are today.

Jim Murphy Portrait Mr Murphy
- Hansard - - - Excerpts

That would be a very fair point if it was based on a fact. I suspect that our conversation today will be less productive if we repeat some of the debates of recent times, but the fact is that we increased the size of the Regular Army, whereas this uplift in the reserve forces is happening at a time of reductions in the Regular Army—that is the significant difference.

Tobias Ellwood Portrait Mr Ellwood
- Hansard - - - Excerpts

I did not mention the Regular Army, but the TA. When Labour came to power in 1997, TA numbers were 62,000. When Labour left power in 2010, they were 37,000. It does not take a maths degree to realise that that is a massive reduction in TA capability.

Jim Murphy Portrait Mr Murphy
- Hansard - - - Excerpts

My point is that in the same context, Regular Army numbers increased. I do not want us to bat each other about the head on this; I am assessing how we can make a success of the boost in reservist numbers. The comparison the hon. Gentleman invites me to draw, however, is with the Labour Government, and we boosted the size of the Regular Army. His party said that it was not big enough; it wanted an even bigger Army and was elected on a manifesto of going in that direction. The comparison is clear: we boosted the number of regulars. Of course, there is always pressure when it comes to reservists, who were under-recruited for about nine decades, so this is not a short-term problem for us or the current Government to grapple with.

Lord Hammond of Runnymede Portrait Mr Philip Hammond
- Hansard - - - Excerpts

Will the right hon. Gentleman clarify two points? Does he accept that the six-month cancellation of TA training announced by the previous Government in October 2009 was not the way to stimulate TA recruitment and confidence? Also, as he is talking about Regular Army numbers, does he now accept a Regular Army of 82,000 as the basis for Future Force 2020, or does he still hanker after a reversal of that reduction?

Jim Murphy Portrait Mr Murphy
- Hansard - - - Excerpts

As the Secretary of State knows, the previous decision on training was based on the recommendation of the Regular Army and the best available military advice. It was the type of situation that he faces whenever it comes to considering the best available military advice. We will make the detailed shape of the formation of our forces clear in our strategic defence review and in advance of the election.

The Opposition support moves to improve the training for reservists and ease their deeper integration with regular forces. We also support moves to use niche civilian skills, for example on cyber, in a military setting as well as to expand occupational health services. There are, however, areas where we believe the Government could go further. It is essential that the changes, particularly the extended periods of training and deployment, be compatible with employment patterns and that the reforms be designed in collaboration with employers.

It is worth noting the huge impact the changes could have on employers, particularly small employers. More than 600,000 businesses in the UK employ between two and four people. I suspect that we Members all employ a similar number of people in our parliamentary offices. We should ask how we would cope with losing a staff member for up to a year. Although I am sure that each and every one of us would be enormously supportive of a staff member’s military ambition, we might struggle to fill that space. Once we reflect on how we would feel about that, it gives us a better understanding of what many within that core group of 600,000 businesses will be confronted with.

Our view is that the reservists in those businesses will be a remarkable bonus and asset for them, but we must do more together to make that argument. A survey by the Federation of Small Businesses found that for one in three businesses, nothing would encourage them to employ a reservist, whereas almost 40% of those who had employed or would consider employing a reservist said that they believed that the Government’s proposed reforms would have a negative impact on their business. I do not agree with that; nevertheless, it is a sentiment felt by all too many businesses.

I welcome the announcement about access to unfair dismissal tribunals, but, as we have said before—and the Secretary of State referred to this—we believe that Ministers could go further. Current legislation clearly states that an employer has a duty to re-employ a returning reservist in the occupation in which he was employed before his service, on the same terms and conditions. There is, however, no legislation to prevent employers from discriminating against reservists in their hiring procedures on grounds of military affiliation.

We hope that, rather than embarking on a new consultation, the Government will work with employers on new legislation to provide further protection against discrimination in the hiring of reservists, which would need to be coupled with an obligation for reservists to make a transparent declaration at the interview stage. We believe that that should be part of a wider collaborative approach, and that a permanent employer engagement committee should be established to enable Governments to take the lead in advocating the employment of reservists.

There has been some debate about whether £1.8 billion is the right amount to invest, but we should also consider whether it will provide value for money. We hope that Ministers will be able to shed light on that in Committee. We shall want to know what proportion of the money is intended to fund financial incentives for employers and the “reservist award”, which tops up reservists’ salaries to match their civilian salaries. We shall also want to know whether the £1.8 billion covers reservists’ training, medical costs and pension payments, or whether those will come from another part of the MOD’s core budget. We are keen to establish what elements of the Reserves 2020 plan have clear funding streams, and where there may be unknown liabilities in a budget that involves competing interests.

The Bill has the potential to help the United Kingdom develop world-class procurement procedures that will be the envy of every nation. It gives us an opportunity to make a success of the enormous challenge of doubling the reserve force. The Opposition will support and scrutinise its proposals in Committee, and will give it a fair passage today.

15:56
Lord Arbuthnot of Edrom Portrait Mr James Arbuthnot (North East Hampshire) (Con)
- Hansard - - - Excerpts

I echo what was said by my right hon. Friend the Secretary of State about the quality of our armed forces and the amount that we demand of them. We are putting them through a lot at the moment.

Once upon a time, before most Members were born, I was a Defence Procurement Minister, and I was delighted by the publication of the Bernard Gray report under the last Government. Sadly, the then Prime Minister tried to suppress it, although he should have recognised that it covered not just the period of a Labour Government, but the period during which I was in charge of defence procurement. The report revealed a great many failings in the procurement process. It showed, for instance, that the programme was overheated, that a weak interface between the MOD and DE&S was resulting in poor discipline and very little change control, and that there were insufficient skills in the DE&S. Subsequently, I was both delighted and highly amused when Bernard Gray was put in charge of sorting out the mess that he had identified.

The Bill was designed to achieve that. Like Gaul, it is divided into three parts—although, according to its drafting, there are four—dealing with defence procurement, single-source contracts and reserves. Each of those issues, but particularly procurement, raises a great many questions. I shall ask some of them now, because in the case of a change as fundamental as this, the devil is in the detail. The change is fundamental and it is being made against a background of fundamental change at the MOD as a result of the Levene reforms, severe reductions in funding and huge redundancies, not to mention the fighting in Afghanistan and the withdrawals from Afghanistan and Germany. As I have said, we are asking a lot of the Ministry of Defence, and it will need help to achieve the major changes set out in this Bill. It will need help from Parliament and from industry, and from academia and the country, and it should be willing to ask for and accept help, and everyone else should be willing to give it.

I shall start with the defence procurement process set out in the Bill. In December 2011 the Chief of Defence Matériel set out four options: first, the status quo; secondly, a trading fund; thirdly, an executive non-departmental public body with a private sector partner; and fourthly, the GoCo. We are now down to two options: a value-for-money comparison between the GoCo and what we hear is called DE&S-plus. Most unusually, there is no option to stay as we are. It is perhaps surprising that the MOD non-executive directors have not insisted on there being a stay-as-you-are option.

The GoCo option is reasonably clear, and I will come on to it in a moment, but DE&S-plus is not at all clear. The White Paper devotes a massive four lines to it and does not define it. In fact, so far as I understand it, DE&S-plus is designed to be unclear in order to be the basis for a negotiation between the MOD and the Treasury as to the freedoms the Treasury can offer. In other words, if DE&S-plus can pay more for its personnel and so attract much needed skills—more than current civil service terms and conditions allow for—the GoCo will become less attractive. But how, in practice, can the Treasury loosen the rules for the MOD without loosening those same rules for other Departments with similar problems? If the answer is that in practice it cannot, does that mean that in practice this decision has already been made—so it is GoCo or nothing, and there is no public sector comparator? Has my right hon. Friend the Secretary of State made up his mind? How will the private sector companies bidding for a GoCo be confident that their bids are being fairly compared with DE&S-plus, whatever that may be?

ADS, the organisation of defence companies, suggests that the proper metrics might be better value for money for the taxpayer; shorter and cheaper bidding processes; improved skills and expertise; and greater stability in the funding of the defence budget. That is a potential set of metrics, but what does my right hon. Friend say are the proper comparators, and how will he avoid this being a wholly subjective guess about future behaviour?

This brings me to the GoCo itself. I am not instinctively opposed to this idea—in fact, I am rather attracted by it—but the Defence Committee has asked lots of questions, some of which remain unanswered. No other country has gone down this route, so this is courageous, Minister. That does not mean it is wrong, but there are some questions. First, if a foreign company is the lead partner within a GoCo, how will the MOD deal with any conflicts of loyalty that arise? The Atomic Weapons Establishment does not create such conflicts and is not as widespread in its coverage. Secondly, there are concerns about the issue of intellectual property, as some of my colleagues have said. That is covered in the single sourcing part of the Bill, but it is not covered in the defence procurement part.

Madeleine Moon Portrait Mrs Madeleine Moon (Bridgend) (Lab)
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I am not sure whether the right hon. Gentleman is about to mention how the GoCo will affect current alliances and agreements for joint contracting between the UK and our partners. I was in the USA last week for the NATO Parliamentary Assembly, and I spoke to many alliance partners in NATO and to Congress members in Washington. The best that they could say was that Britain was very brave, that they would like to see whether we succeeded and that they would leave us to get on with it. Concern was also expressed, however, about whether they would be willing to share confidential contracting and technological information. Does the right hon. Gentleman agree that that is a concern?

Lord Arbuthnot of Edrom Portrait Mr Arbuthnot
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As I have said before, the hon. Lady performs a valuable service on the Defence Select Committee. She has put her finger on an extremely important point, which was also raised by the Select Committee in our report on defence acquisition. She is right; this matter has to be covered. I asked my right hon. Friend the Secretary of State a question about how the United States and France were reacting to the proposal, and he was able to say that he had received a supportive letter from the United States that very morning. I also know that there is a working party in operation with the United States to try to ensure that any problems are ironed out. It is true that other countries think we are being very brave. If we are indeed being so courageous, and if this works, we may well forge the way for other countries to follow us. It may well be that whichever company succeeds with the GoCo in this country could find vast new opportunities opening up for it. For example, it could take over the defence procurement of the United States, which would make somebody extremely rich.

The next question, which has been raised by ADS and by the Federation of Small Businesses, relates to how the GoCo proposition would affect small and medium-sized enterprises. The FSB has said that it is broadly supportive of the Government’s proposal, as contained in the Bill, but that it is vital that the needs of SMEs be considered when the reforms are implemented. I echo that, and I am sure that my right hon. Friend the Secretary of State will do so as well.

The time line involved is ambitious. I understand that there is a suggestion that we might reach a final conclusion in April 2015. That must remind us all of another fixture in our diaries for May 2015—the general election. Surely the risk of this project running up against the next election is huge.

Lord Hammond of Runnymede Portrait Mr Philip Hammond
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Perhaps I can help my right hon. Friend. The expectation is that the competitive process will be completed by the spring of next year, with the contract award in the late summer and with the GoCo standing up, if that is the solution we choose, towards the end of next year or at the very beginning of 2015—around December or January.

Lord Arbuthnot of Edrom Portrait Mr Arbuthnot
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Oh, good. One problem is that the date for the invitations to negotiate has already slipped. That was meant to take place this month, but it is now taking place in August. Let us hope there is no further slippage. We have not heard that any is expected; let us just hope.

Peter Luff Portrait Peter Luff
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My right hon. Friend is making an important point. I hope that when the Minister winds up the debate, he will provide some clarity about the invitations to negotiate. They must not be allowed to slip beyond August, as any further slippage would put at risk the rather challenging timetable that the Secretary of State has outlined.

Lord Arbuthnot of Edrom Portrait Mr Arbuthnot
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My hon. Friend, as a former Minister responsible for defence procurement, has a great deal of expertise. Despite the enormous qualities of his successor, I was very sad to see him leave his job. He has got this point absolutely right.

I am going to divide the final question on this defence procurement issue into three. We understand that the process of moving towards a GoCo, if a GoCo is accepted, will be taken in two stages, with perhaps one domain paving the way to be followed by the rest of defence procurement. My questions are: first, what will be included in the first domain? Secondly, how long will it take for the Government to work out whether it has succeeded, so that the remainder of defence procurement joins the first domain? Thirdly, how will anybody work out, within a period of less than 10 years—many of these defence contracts run for so long—whether this approach has succeeded? My suspicion is that the success of this entire process will be able to be judged only in about 2020. I wish it well and, as I said at the beginning, I am attracted to the idea.

On single-source contracts, the House will be relieved to hear that I have not got very much more to say. I am not sure why this matter requires legislation, because for many decades we have been spending 40% of the defence budget without legislation. It may be that there is a tearing and pressing need for legislation or that the setting up of the regulator is what requires legislation, but no doubt that can be explained. It is startling that the MOD will be able to challenge a contract price already agreed between the parties up to two years after the completion of that contract. I would have thought that would make it a bit difficult for industry to decide how to invest, but, again, no doubt the Minister will deal with that in his wind-up. Will these new rules apply to overseas contractors? Apparently they will not. Does that not create an incentive for UK defence contractors to move abroad? That would be a shame.

Part 3 of the Bill deals with the reserves—once again, I declare an interest because my daughter is one of them. I keep asking this, but I am told that repetition is no shame in a politician: what plan does the Prime Minister have to form an alliance with the Leader of the Opposition and to go out and make it absolutely plain that this reserve forces project must succeed, in the national interest. It must succeed because there is no plan B. Much of the plan has already been welcomed by industry. I think there is a greater job to be done by industry in saying that this must succeed in the national interest, and by the FSB, which, as I say, supports it. Some measures in the Bill—for example, the extra notice for the deployment of reservists—will certainly make things easier for employers. The £500 extra payment has been welcomed by the British Medical Association, as well as by the FSB and others. Perhaps there is more to be done in order to sell this, but the success of the entire process is essential. I welcome this Bill and this part of it as being in the national interest, and I hope that the Prime Minister will be able to get out there and say so himself.

16:13
Dai Havard Portrait Mr Dai Havard (Merthyr Tydfil and Rhymney) (Lab)
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Obviously, I have spent some time on the Defence Committee, along with the Chairman and others. We have spent a number of years studying some of these things, from Governments who have come and gone. Clearly the Bill is central to our discussion about how we make our MOD efficient, so I do not approach it from the point of view of opposing change and reform. This is a debate about how we get the correct reform. On the question of GoCo or no-GoCo—or “NoCo” or whatever it is or is likely to be—or “NDPB-plus”, I am not going to go into great detail, because the previous speech raised many of the concerns. As for the freedoms required in the individual terms and conditions given to a chief executive of an organisation, who can pick and choose people and so on, I am a little worried that we should build structures around individuals, as they also come and go. That cannot be the only reason for reform, however; there must be broader reasons for making such a change.

Let me deal with the organisation in the context of the rest of the Ministry of Defence, because the remainder of the Levene reforms must be considered. The heads of individual services and joint services will be procurers. They will not sit on the central board, but they will buy things from various parts of the organisation, as there will be single contracts in addition to DE&S requirements. We can make DE&S as efficient as we like, but we must consider the broader context of whether changing DE&S will make the whole process more efficient, so a lot more work needs to be done on that.

My personal prejudice—I was glad that the Secretary of State spoke about where risk will be retained—is that if we are not careful, a further risk is created by moving things too far away from the political organisation. It will never abdicate responsibility, so if anything goes wrong, it might lack the strategic capacity to direct in such a way as to change the process. Care needs to be taken about the extent to which things are pushed out into a private contracting organisation.

Let me turn to the organisation of the reserves. It is a shame that the Secretary of State has left the Chamber, because I have written to him about this and received something of a reply. I was concerned by the weekend’s events because my constituents were involved, in the sense that my local mountain rescue and search team—Central Beacons mountain rescue team—effectively became the initial primary support for the rescue activity. I do not want to get this wrong, because there will be police and coroner inquiries, but if the Secretary of State were in the Chamber, I would ask him at least to thank the team publicly and to acknowledge its activities on that day.

The team was subsequently supported by Rescue 169 from Chivenor and various other highly professional people to help with the co-ordination of the activity, and they did their best in the circumstances. I thank the rescue team publicly, and my local community expresses its sympathy to those affected during the exercise and the families and friends of those who died. There are lessons to be learned from the weekend, so when that happens, I hope that the exercise will include those people involved. I saw volunteers rescuing volunteers. There is nothing intrinsically wrong with that, but if the support process is going to work, those volunteers should participate properly in that lessons-learned exercise, because they have much to contribute.

I am not a shrinking violet who wishes to downgrade the rigorous nature of training, but an exercise such as the Fan dance must be managed well, and monitored and supported correctly, or it should not be done. The sun had not been out in Wales for about nine months, but local people were expected to run around in the heat at the weekend. Perhaps certain exercises should be graded and there is something to be said for considering how a number are conducted, but the weekend’s activity was a selection exercise, not a training exercise. While many lessons could be learned from what happened, we must be careful, because there is a constituency that will want to downgrade the exercise. There is no need to do so, however, because with proper management, monitoring and support, such a downgrade can be avoided, and the legitimacy of the process will be unaffected.

Wales provides something like 7% to 8% of armed forces personnel, yet our population represents 3% of the UK. Hon. Members may draw their own conclusions about why that is the case, but it is due to many things, such as commitment and history. However, people will look at the proposals and say, “What is this new reserve force we’re being offered? How will we relate to the regular forces? Do I want to play this game and get involved or not?” Others will ask, “Do I want my son, daughter or godson to go into this?” It is not just about money. There are important changes, giving people extra rights, but it will not be possible to make the numbers unless the legitimacy of joining is recognised within the community where recruitment is to take place.

Madeleine Moon Portrait Mrs Moon
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I recognise my hon. Friend’s expertise in this area. The exercise has been carried out in the beacons over many years, yet two people died and a third person is seriously ill. That is sending shock waves of concern throughout the families and friends of those seeking to join the reserves. Is it not crucial that, if mistakes are found to have occurred, the Ministry of Defence is clear about what those mistakes were and how they will be rectified, so that people may volunteer without anxiety, and families can feel confident that the reserves is a safe and credible option for their family members?

Dai Havard Portrait Mr Havard
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I agree entirely. There is also the question of what people are required to do. There is some description in the White Paper about what reserves will and will not be required to do and how those are linked, but there is a broader question about the type of organisation and the support provided.

I shall come on to the duty of care, which is related to that. The call-out of reservists will be the same as that of regulars. That suggests that they are the same, but they are not necessarily going to do the same things. There may be legal issues involved that we need to explore. I understand why the present narrative is the way it is. It is trying to make things clearer, but at some point we may not be achieving that, and we may need to look to the White Paper to help us do so. The title includes the words “valuable and valued”. The reserves are both; that is absolutely correct, but they will be called out on the same legal basis as regulars. The training is to be the same, but it is not really the same. A lot more work needs to be done.

The Defence Committee is undertaking some work on one aspect. As in the case of the accident at the weekend, about which I will not go into detail, there is a duty of care to people when they are put in certain circumstances. We all know that and we see the latest decisions by the Supreme Court and so on. There is the potential for lawfare, when people might seek to use domestic legislation as a weapons system, all the way through to the development of universal jurisdiction. That is the background to the way that people might operate, and in the Defence Committee we are going to look at these things. We have an inquiry offer out now and people should put evidence to us to try to clarify how the system will work.

Regulars may not be the same as reservists in certain circumstances. The law will not necessarily provide the architectural background to some of the decisions that people think they have made. We are concerned about that and we need to inquire into the position and make sure that the law does that. Money is supremely important, as we all know. For some years we have been trying to drive more efficiency into the Ministry of Defence, yes, but it is not just about the money. The MOD should not degrade the quality of the response that it will get, by talking only in those terms.

16:23
Julian Brazier Portrait Mr Julian Brazier (Canterbury) (Con)
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I follow the Secretary of State, the shadow Secretary of State and others in paying tribute to those brave young men who have just lost their lives in the hills of the Brecon Beacons. My thoughts and prayers are with their families, as I am sure are those of the whole House. I remember some uncomfortable times there many years ago.

It is a pleasure to follow the hon. Member for Merthyr Tydfil and Rhymney (Mr Havard). He and I work together closely on the Select Committee. I associate myself with his tribute to the mountain rescue service in his constituency. We must not prejudge the inquiry, but I hope its role in averting a much worse problem will be fully acknowledged.

Let me be very clear that I strongly support the Bill and I am delighted that the Under-Secretary of State for Defence, my hon. Friend the Member for Ludlow (Mr Dunne), will be taking it through Committee—if I am very lucky, perhaps I will be allowed to serve on it. I support almost all the Bill’s provisions. I just want to say a few words on procurement before focusing mostly on part 3.

I am happy that we are evaluating the possibility of a GoCo. There are a number of very successful GoCos in our current set-up, including Aldermaston and the special arrangements that Babcock has with the Royal Navy. However, to echo what my hon. Friend the Member for Aldershot (Sir Gerald Howarth) said, there is one feature of the GoCo that I am very concerned about: the possibility that there might be a substantial foreign element in its running. My reason for saying that is not xenophobic at all. There are two main reasons why there should be a serious concern about foreign companies or foreign employees being involved in the management company: one relates to intellectual property rights—state secrets—and the other relates to reasons of commercial confidentiality.

Many years ago, just before I was elected to Parliament, I did a consulting project in Aldermaston for the management of a small Swedish firm that I was working for at the time. I cannot see how the commercially in confidence question could possibly arise in Aldermaston with regard to the American companies involved in the management. It simply is not an issue. The point about IPR is that we are already collaborating with the Americans and, arguably, they are pretty uniformly ahead of us; so the IPR reason does not arise, because there is no parallel.

The plain fact is that if we were to employ foreigners in a management company, whether or not they work for foreign companies, there is a danger that they might then be cherry-picked. Even if we put the clear criminal sanctions set out in part 2 of the Bill into part 1—slightly oddly, they are in part 2 but not in part 1—there would be no way of enforcing them if, for example, an American employee of an American company was then head-hunted by one of the big American defence contractors so that it could pick his brains on commercially confidential material.

Peter Luff Portrait Peter Luff
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I think that I can reassure my hon. Friend on that point. The risk he identifies exists already. The risk of people being head-hunted from Defence Equipment and Support because they cannot be paid the right sum of money means that intellectual property can already transfer out of the organisation too readily. I think that those risks, whatever the nationality of the companies that have an interest in the contract, will be reduced significantly by the change to GoCo status.

Julian Brazier Portrait Mr Brazier
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My hon. Friend’s point is well taken, and I support the concept of the GoCo, but the plain fact is that, however strong the protections we try to put in place, there is no way of enforcing them in relation to foreign employees. It is that straightforward.

Julian Brazier Portrait Mr Brazier
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If my hon. Friend will forgive me, I will move on to the main burden of what I want to say today, which relates to reserve forces. I strongly support the measures set out in part 3. [Interruption.] My hon. Friend is clearly agitated, so I will take his intervention before moving on.

Peter Luff Portrait Peter Luff
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I think that I can offer further reassurance. All employees in sensitive areas of DE&S will be required to be “UK eyes only” personnel, so no foreigners would be working on the sensitive stuff that worries my hon. Friend.

Julian Brazier Portrait Mr Brazier
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If the sensitive areas were for UK eyes only, that is a protection normally for intellectual property rights. The problem for the defence industry is what is commercially in confidence—increasingly being called “soft IPR”—which is in no way covered by the provision my hon. Friend mentions, as he knows. The problem is that knowing how a particular contractor has structured a particular contract, which the management company must know—otherwise, there is no point in having it—means that that kind of information must be known to it, and it is extremely valuable material. He was quite right to say in his previous intervention that the danger already exists. However, the only way to produce an enforceable mechanism that deals with it cannot cover foreign employees who go back to America, or indeed anywhere else, although I think that we would be unlikely to take employees from another country.

My main point concerns reserve forces. I strongly support part 3 of the Bill and the Government’s measures on reserves, and I was delighted to hear the shadow Defence Secretary give a broad welcome from the Opposition Benches to those measures. I will not go into the provisions in the Bill except to say that one or two—special support for SMEs, for example—are especially welcome, as is greater protection for employees who are reservists. Instead, I suggest that the Bill could provide a vehicle for reforms in the governance of reserves. Such reforms were highlighted in the report by the independent commission to review the United Kingdom’s reserve forces, on which I was privileged to serve, as we are a long way out of line with arrangements in other English-speaking countries.

Our report looked at three areas of governance, one of which was for transition. The other two areas were senior appointments, and the role of the reserve forces and cadets associations and, when considering those two matters, it is important to ask what is happening abroad. I have focused on English-speaking countries because there is little point in looking at countries that have recently given up conscription. The most obvious example of a country that gave up conscription a long time ago—France—has gone down a route that Britain will never follow in having an armed gendarmerie trained effectively as an army reserve, including a big reserve component of its own. Therefore, the US, Canada and Australia seemed to the commission, and seem to me today, to be the best comparators.

In truth, those countries—I say this with no pride at all as somebody who has extensively visited their armed forces—have consistently had, year after year, much lower personnel turnover than our reserve forces, and they often get better turnouts for periodic training. The National Guard units that I visited in Afghanistan had a staggering 98% turnout for that operation, and the officer recruiting level of all those other countries is much higher than in the UK. Reserve forces in those countries have a larger place in society than our Army Reserve, and I fully endorse and totally support everything the Government are doing to expand that role in society. Above all, reserves in other countries have much more experience than us of deploying formed capability rather than simply being used as a part-time personnel service, as has been forced on the reserves over the past few years.

Bob Stewart Portrait Bob Stewart
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I totally understand and accept the majority of what my hon. Friend is saying, but to compare us with the National Guard is somewhat misleading. National Guard units are often mobilised and deployed for long periods of time, whereas our system will bring someone in for six months’ operations, presumably with three months of training before and three months afterwards. That is not as long as National Guard units serve, which obviously makes them almost regular, at least in spirit.

Julian Brazier Portrait Mr Brazier
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My hon. Friend has been misinformed about that. An impressive airborne cavalry unit that I visited in Kabul was one of a small number of units that had had the misfortune a few years ago of being part of the only experiment by the Americans in recent memory of trying to call people out for more than 12 months. The US has the same limit as us in the UK and has agreed never to repeat that experiment because of the painful experience. Such units operate on the same 12-month cycle as we do.

I do not say this to run down our reserve forces in any way, but when those forces were used as formed bodies, they served extremely well despite the handicaps they faced. One thinks of a company of reservists from the London Regiment, who in their time in Afghanistan were reputed to have killed 45 members of the Taliban. They got an incredible endorsement, which I quoted in the House, from their Brigade Commander, Brigadier—now General—Lorimer. I also think of my own former unit, which deployed a squadron that got three military crosses. However, I want to make the point that, in terms of yardsticks, we are behind the curve. I welcome all the Government’s efforts to move us up the curve, but we have to recognise that governance is an important part of this.

Thomas Docherty Portrait Thomas Docherty (Dunfermline and West Fife) (Lab)
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I am slightly confused by the excellent answer that the hon. Gentleman gave to the hon. Member for Beckenham (Bob Stewart). When he says that reserves in the US deploy on a 12-month basis, does he mean that their total call-out is 12 months and they are not doing 12 months in theatre?

Julian Brazier Portrait Mr Brazier
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They have almost exactly the same total span as us—basically, 12 months. Unlike us, they typically do three months’ work-up and nine months’ deployment—this is for formed bodies up to brigade level—whereas we do six months and six months, but it is still a 12-month limit. The Australians, who have sent a number of formed bodies to Afghanistan, do three months and three months.

I am explaining these points because it is worth looking at the difference in governance arrangements, some of which we set out in our commission report. In all three of these countries, the vast majority of reserve units are commanded by reservists, and the vast majority of those units are in brigades, also commanded by reservists. The National Guard has a whole mass of legislation protecting its special status. Australia and Canada do not have the same legal arrangements, but both countries have a set of widely accepted customs and practices that work in lieu.

That brings me to the main point that I want to put to the House. I suggest that there are four things—two pairs of things—we can do to redress the balance a little, all of which build on the spirit of what the Government are doing. The first two are about people. Sir Peter Wall anticipated our commission report with a very good move that has been pivotal in delivering progress when he announced overnight that he was creating a new post that has existed since time immemorial in Australia and Canada and in the National Guard in every state in America—a de facto commander of the TA in the shape of the Deputy Commander Land Forces. The Duke of Westminster was the first incumbent and General Ranald Munro is now doing the job. They are both fine reserve officers.

Sir Peter Wall said that that was a tied post, but there is nothing laid down anywhere to say that some future, less enlightened Chief of the General Staff, with a selection committee entirely composed of senior regular officers, and one token civil servant, should not at some future stage retire an existing two-star general and say “Here we have a reservist who can do the job.” That is the current arrangement with the reserves in the RAF. I propose that a list should be laid down of certain jobs that are tied to people, many of whom may be ex-regulars, who have for a number of years earned their living in the civilian world and served as reservists at the same time. The selection committee should include an outside element, perhaps the chairman of the Reserve Forces and Cadets Associations or the outgoing incumbent.

My second recommendation on people is that we must address the issue of reserve primacy for unit-level command. I am not asking that we have reservist brigade commanders, like all these other countries, although we do already have reservist deputy brigade commanders. In 2011, a week before we published our report, the military secretary’s department broke completely new ground by announcing, unbelievably, that whereas other countries have 80% to 90% reservist commanders, and historically we have had 40% to 50%, 24 out of 30 of the reserve commands were to go to regular officers. I have to say that I was so angry about this that my fellow members of the commission had more or less to tie me down.

The subsequent year—2012—the department did something that was arguably even worse. Although it put the word out that it wanted more reservists, it applied a de facto reverse quality filter and made such an unreasonable demand with regard to man training days for TA commanding officers that most of the people with the best jobs said, “I’m not putting in for that.” The result was a great deal of unhappiness with some of the command awards. The generation who will take on those units—the two years between recruits mean that this relates to almost every Territorial Army unit—are not necessarily the kind of people who would have been selected if the process had been similar to that which is used abroad.

The good news is that the new military secretary is working very hard on this and trying to sort it out. A strenuous effort is being made to encourage and develop good-quality people to be the next generation of TA commanding officers. None of this, however, is laid down anywhere. I think that TA primacy—which, incidentally, exists in the Royal Naval Reserve—should be formally laid down.

That brings me to my last two points, which are on the RFCAs. I was delighted that the Government adopted in their Green Paper our report’s recommendation for an annual report from the RFCA Council on the state of the reserve forces. It was right that the Secretary of State saw that first and I was glad when he published the Green Paper for Parliament. Unfortunately, it was then suddenly announced in the White Paper that, rather than having a wider remit, the report should focus on progress with integration and that it should stop when integration is completed in 2018. That was not our recommendation. It is after the political spotlight has moved on that the role of this independent report will be most important.

It is worth remembering that when Haldane set up the reserves, who served so bravely six years later in the first world war, he gave to the County Associations—the forerunners of the RFCAs—a large part of the budget as well as the responsibility for managing recruitment, basic training and property. Today the only responsibility left to the RFCAs is the control of property, which they do vastly more effectively than the Defence Infrastructure Organisation, with less than a third of the percentage overhead. They also make use of all the free expertise available from the people on the individual regional councils, including estate agents, lawyers and entrepreneurs.

For the past 10 or 15 years, the RFCAs have been handicapped in that work because, despite the fact that they own most of the estate, they are no longer allowed a free hand to manage it properly. They are constantly subject to trying to drive deals. For example, in Yorkshire an excellent deal with a local supermarket that would enable essential renovation work to take place has been on hold for several years. Now that the basing plans are sorted out, I think we should put in legislation the role of the RFCA as owners of most of the property.

In summary, the word “integration” is at the heart of this. The Government are committed—in a welcome plan that I strongly support—to the integration of regular and reserve components. We have tried assimilation and it failed. The findings of our commission’s report on an assimilated structure with no separate chain of command for Army Reserve—in fact, the structure did not even include a reserve branch at Land Command; it just had a few people scattered around—were dismal. Integration is about recognising that each service has a separate ethos. Someone who serves as a reservist and does something else for their main living has a different ethos. The White Paper says a great deal about moving from being service personnel to providing capability—I strongly support that—but in order to make it work we have to hardwire certain structures into the system, and I believe that this welcome Bill offers us that opportunity.

16:44
Iain Wright Portrait Mr Iain Wright (Hartlepool) (Lab)
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It is a pleasure to follow the hon. Member for Canterbury (Mr Brazier), who is respected in all parts of the House for his vast knowledge of defence matters. I associate myself with the thoughtful and heartfelt tribute that he paid to the two men who tragically died in the past couple of days in the Brecon Beacons.

I will concentrate on part 1 and, to some extent, part 2 of the Bill. The provisions in part 1 are fraught with risk. I agree with the Chair of the Defence Committee that the devil is in the detail and that no other country in the world has attempted to outsource the means by which it equips its armed forces. The notion that a GoCo—the Government’s preferred option—will act as the agent of the Ministry of Defence and negotiate and sign new contracts on behalf of the Secretary of State is an inherently risky one that needs to be explored during the passage of the Bill.

A defence procurement strategy should have three objectives. First and foremost, it should provide the equipment that is necessary to ensure that this country has the protection and security that it needs. Secondly, it should provide value for money for the taxpayer in the pursuit of the first objective. I also believe that it should have the third objective of supporting and enhancing our manufacturing and innovation capability. I am concerned that the Bill, particularly part 1, does not provide for all three objectives.

I heartily agree with the Defence Committee report on defence acquisition that was published earlier this year, which stated:

“We believe that the absence of a defence industrial strategy which supports appropriate national sovereignty puts the UK at a disadvantage against competitor countries.”

In evidence to the Select Committee’s inquiry, the European Aeronautic Defence and Space Company stated that the Government’s

“feeble support to British Industry is in striking contrast to the model in continental Europe, where for major projects a cross-Departmental approach focuses on cost and value to the nation as a whole. There appears to be no mechanism in the UK to measure the cross-government impact of a contract going overseas, where short-term redundancies and long-term loss of skills shift the problem from MOD to the DHSS and other Departments: good value for money for MOD perhaps, but poor value for the nation.”

I agree with that analysis.

Why do the Government not add defence to their sectoral industrial strategies for aerospace, automotives and the life sciences? The defence industry is economically vital as well as strategically critical to this country. It has annual revenues of more than £22 billion and directly employs more than 100,000 highly skilled workers. The defence growth partnership, which is chaired jointly by the Minister of State, Department for Business, Innovation and Skills, the right hon. Member for Sevenoaks (Michael Fallon) and the managing director of MBDA, which was an excellent appointment, is a good, tentative start, but it needs to be translated into an active strategy that maintains for the long term our operational capability and our economic and industrial competitive advantage.

The Bill, if anything, takes us further away from that objective by creating additional pressure to focus on the narrow definitions of cost, value for money and off-the-shelf solutions. It fails to take account of the long-term impact that procurement decisions have on manufacturing, industry and innovation in this country. In the long run, overemphasising price and purchasing defence equipment off the shelf at the expense of value and national capability may cost us more in terms of our defence flexibility and our defence manufacturing base, and may cause a reduction in the levels of research, investment, intellectual property and design capability in the UK.

Madeleine Moon Portrait Mrs Moon
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I agree with every point that my hon. Friend has made so far. One area that he has not addressed is accountability. For example, will we be able to call the chief executive of the GoCo before the Defence Committee to be challenged on the spending of public money? Is accountability of concern to my hon. Friend and will he address it in his speech?

Iain Wright Portrait Mr Wright
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The question of accountability is important, and I seem to remember that my hon. Friend mentioned it in a telling intervention on the Secretary of State. The House needs assurance that we are getting the best value possible for public money. There is a risk that we will focus too much on price without thinking about value. My hon. Friend raises another important point on accountability. As I understand it—the Minister might contradict me, as he will have far more of an understanding on this than I do—GoCo contracts will be up to nine years long, subject to performance. However, there is no opportunity for contract extension. After nine years, a full review of a GoCo contract will be carried out and put back out to the market.

I have some concerns about that. First and foremost, the project lead-in time for defence projects is often decades. If a project is at least 10 years long, how can a nine-year contract provide any degree of certainty? If a project—whether the development and roll-out of a new ship or a new fighter—takes 15 years to develop and is in operation for a further 30 years, where is the inbuilt institutional memory and stability that allows for truly effective project management if the contract changes three or four times? Will that not make a project more expensive and prone to risk?

The overriding consideration of business, especially in such a vital sector, is certainty. A lack of certainty, and a correspondent increase in risk, increases costs within the main contractor and throughout the supply chain. As ADS has said:

“Industry needs both transparency of future intent and stability of intent to enable essential strategic business planning. Since SDSR there has not been the necessary clarity.”

The manner in which the GoCo might be set up makes that instability even worse.

I mentioned that a nine-year GoCo contract cannot be re-awarded. I fail to see how the re-awarding of a contract can be inherently negative. I hope the Minister can explain some of the thinking behind that. Surely the notion that a contractor is up for a contract again would at least keep them on their toes when it comes to performance.

On part 2, I share the understanding and concerns of the Chair of the Defence Committee about how the single source regulations office might put UK companies at a disadvantage. My understanding is that clause 14(7) allows the Secretary of State to waive the new regulations from any single-source contract he wishes, but that overseas suppliers will be outside the jurisdiction of the new single-source contract regulation. Does that not create an unlevel playing field, where only UK companies will be subject to the new pricing and reporting requirements? If we are to have a true industrial strategy—long-term stability, with co-operation across Government —how will this help to provide UK companies and their supply chains with a level playing field?

The UK brand is strong when it comes to defence capability: we are the envy of the world. Our defence capability is part of a strong, modern and innovative manufacturing offer. While I strongly believe that the overriding consideration has to be whether a piece of equipment is compatible with the objectives of our armed forces in theatre, we undermine our economic competitive advantage if we fail to recognise how strong that offer is in the global market. A quarter of annual revenues in the UK defence sector, some £5.4 billion, is derived from exports. However, defence manufacturers tell me that export opportunities are being lost because some countries are saying in response to the narrow off-the-shelf approach, “If it is not good enough for the British armed forces, why should it be good enough for us?” How will the Bill deal with that, and will the GoCo system have an explicit remit to promote defence exports across the world?

Clauses 7 and 8, which are concerned with intellectual property, have been mentioned by other hon. Members. The provisions allow the contractor access to confidential and commercially sensitive information. Our intellectual property regime is one of this country’s competitive advantages, with knowledge-based firms feeling that their invention and creation will be protected in law, yet clause 7 reduces the restrictions on the disclosure to, and use by, the contractor of confidential information. A defence firm, highly protective of its technological knowledge, which might be its unique selling point and give it its advantage in the marketplace, might be happy to share IP directly with the Government, especially if it was trying to establish a long-term relationship. Indeed, I would encourage that. It would also aid the MOD by providing it with sector intelligence on the pipeline of technological innovation over the next few years, which might aid operational planning, and I know the Minister has put in place other things in that regard. However, a company might be less happy about sharing such knowledge with a competitor. A small company in the supply chain might feel particularly vulnerable to the takeover of IP by a huge contractor conglomerate, so what safeguards will the Minister put in place to ensure that suppliers’ IP is adequately protected?

I welcome the commitment on the procurement of equipment for our armed forces. Our servicemen and women fight for our country and deserve the best-possible equipment. In order to fulfil its objectives in theatre, this country deserves the highest-possible level of sophisticated, innovative military equipment. As part of that, consideration should be given to value for money for the taxpayer, but we should also be thinking about our defence industrial capability. So I finish where I began. The provisions in the Bill are fraught with risk and uncertainty and might undermine Britain’s defence industrial capability. I hope that these issues will be resolved appropriately during the Bill’s passage through the House.

16:56
Peter Luff Portrait Peter Luff (Mid Worcestershire) (Con)
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I am provoked by the speech from the hon. Member for Hartlepool (Mr Wright) and tempted to tear up my speech and demolish his instead. I shall resist that temptation, however, save for one thing: we should be careful what we say about exports, because often, by acquiring a capability overseas, we can build a defensive strategic relationship with another country that brings much greater long-term benefits to the UK. The classic example of that was the acquisition of the military afloat reach and sustainability—MARS—tankers for the Royal Fleet Auxiliary in South Korea, which led to a family of tankers being developed in consultation with BMT, the excellent British design house, and a range of equipment being fitted on to those tankers, not just by the British Navy but by other navies too. More importantly, however, that deal led to the South Korean Government deciding that they would like a strategic relationship with the UK, as a result of which, Rolls-Royce got into the marine market there with its propulsion systems, and now AugustaWestland is sending AW159 helicopters there. Sometimes a short-term decision to buy overseas—such decisions are often deplored by the Daily Mail, which does not understand defence acquisition at all—can actually be the right decision for Britain’s strategic interests globally and for British jobs, so I advise caution about that. The South Korean example is a model of how to acquire capability in the best interests of the country, economically and strategically.

Returning to the Bill, it is a Bill I feel rather nostalgic about and that I would like to be supporting from the Front Bench, rather than the Back Benches, but I am delighted by the challenging yet consensual nature of the debate. It has been conducted in exactly the right spirit for something so important. I was particularly heartened by the remarks of the shadow Secretary of State. I genuinely believe that the Bill will help to secure the improvements made by my right hon. Friend the Member for North Somerset (Dr Fox) when he was Secretary of State, and now by my right hon. Friend the Member for Runnymede and Weybridge (Mr Hammond), the current Secretary of State. Big changes have happened. The armed forces are now well equipped, and we want to keep it that way. I remember hearing Brigadier Bob Bruce speaking to the media when he took 4th Mechanized Brigade to Helmand last year. He described the taskforce as

“the best prepared and best equipped task force the United Kingdom has ever put into the field”.

That is a big step forward from what we are used to in this country and one the whole House should welcome. That process began under the last Government. It is an example of where improvements have been made and sustained, and we are now in a much better place than we were.

The taxpayer’s interests are better protected too. The equipment black hole has been closed. The hon. Member for North Durham (Mr Jones) is not in his place, so I cannot provoke him on that point, but there certainly was an overheated equipment programme. How big it was is a matter for debate. If anything, I think the £38 billion figure is an underestimate, but it was a black hole and it has been closed.

Thomas Docherty Portrait Thomas Docherty
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Standing in for my hon. Friend the Member for North Durham (Mr Jones), let me challenge this point yet again. The National Audit Office report, which the hon. Gentleman referred to in a roundabout way, said that if there had been no uplift in spend, over a decade there would be a £38 billion black hole. Therefore, it was not that big in 2010, when he was in post. Does he accept that point?

Peter Luff Portrait Peter Luff
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I do not want to get bogged down, but I agree that the £38 billion figure depends on the assumptions made. Those assumptions were too generous, actually, to the last Government and the true size of the black hole was nearer £60 billion or £70 billion, but that is another debate. That is my sincerely held view.

On the whole, I do not think it right for ex-Ministers to boast about their achievements, particularly as anything achieved in a Department is always shared with many other players. However, I was pleased that the National Audit Office’s major projects report for 2011, dealing with the 16 major biggest defence acquisition programmes, said—among some words of criticism, of course, for how things were being managed; it was not a totally clean bill of health—the following:

“In recent years we have reported several times that the Department has had to slip projects or cut equipment numbers to bridge the gap between estimated funding and the forecast cost of the defence budget. These decisions were not value for money and meant that new capabilities were not available on time. There are no such instances recorded this year”.

That is the way we need to keep it. I believe that this Bill is the way to achieve that massive step forward.

Julian Brazier Portrait Mr Brazier
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I do not make interventions like this very often, but my hon. Friend is being too bloody modest—excuse my language, Mr Deputy Speaker. He must take some of the credit for that extraordinary achievement.

Peter Luff Portrait Peter Luff
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I am most grateful to my hon. Friend. I am very proud indeed to have been part of the team that achieved that. In fact, the only change being made to the budget now is to put new bits of equipment into it, which is a huge sea change from the world that all of us involved in defence have known over many years.

The Government have set out a clear policy to sustain those improvements. I say to the hon. Member for Hartlepool that if I were publishing now the White Paper that I published last January or February, I would call it “Defence-Industrial Strategy”, because that is what it is. At that stage, there was a degree of nervousness in the Government about the phrase “industrial strategy”, but the Department for Business, Innovation and Skills has now won that argument. I see what we have now as an effective defence-industrial strategy that will drive up the competitiveness and effectiveness of British industry, particularly by protecting investment in science and technology—again, that is a debate for another day. My argument with the hon. Gentleman is this: it is broken and it does need fixing. I agree that there are risks with any change, but this is a change that needs to be made. I am conservative by nature, and one of my favourite quotations is from Viscount Falkland, who said in 1641:

“When it is not necessary to change, it is necessary not to change.”

On this occasion, I believe it is genuinely necessary to change.

I will quickly work through the Bill in reverse, if I may. On reserves, I will not add to the excellent remarks of my hon. Friend the Member for Canterbury (Mr Brazier), to whose work in this area I pay mutual tribute. He really has done a first-rate job on our reserves, and the whole House—indeed, the whole armed forces—owes him a great debt of gratitude. Concerns have been expressed about the number of reserves we need to fulfil the Government’s aspirations. I always divide numbers by parliamentary constituencies to get a sense of their scale, and in this case we are talking about an average of about 50 for each constituency. That is not a huge number. I genuinely believe that what the Government are doing will help us to recruit some of the specialists we need, as the White Paper says, particularly in the area of cyber-security. Keeping skills up to date is important in the real world as well. The reserves have a hugely important role, and I am sure the Minister will respond to my hon. Friend’s comments when he winds up.

Let me turn to the single-source pricing regulations. It was time for a radical review. I commend page 20 of the impact assessment to the House, which lists the major structural changes to have taken place since 1968, when the yellow book was first introduced. Let me emphasise the point—this cannot be said too often—that this is not an attack on the profit of the defence industries; it is an attack on their cost base. A reasonable rate of return is what the defence industries need to sustain their activity in the UK. This is not an attack on their rate of return for their shareholders, but, as I say, on their cost base. Frankly, I have seen past examples of the cost base being—shall we say?—artificially inflated in a way I found totally unacceptable. There has been abuse.

We in this House also ought to say a big thank you to Lord Currie of Marylebone, who did so much hard work to produce the “Review of Single Source Pricing Regulations”, the document published in, I think, October 2011. I will quote my own words—because I said them better then than I could today—from the foreword to that report:

“Tackling industry’s cost-base and improving the MOD’s procurement process are at the heart of this Government’s transformation agenda for Defence.”

Importantly, I also said:

“Making industry more efficient should not only achieve value for money to the taxpayer, but also lead to a more competitive role for the UK industry in the export market.”

I was particularly pleased by the emphasis that Lord Currie put in his report on small and medium-sized enterprises. Again, I said in my introduction:

“Small and Medium Enterprises…would have fewer data reporting requirements and a simplified profit rate process. Larger contractors would be expected to provide an annual statement on how they have engaged SMEs in their supply chain.”

It is a hugely important development in the single-source pricing regulations review that we will now ask contractors to say what they are doing to help SMEs in their supply chains, because so much of the innovation in modern defence comes from SMEs. We want to know that they are being helped and encouraged by the primes—the big contractors—and I am sure the report will be important in ensuring that that happens.

I agree with the hon. Member for Hartlepool and my right hon. Friend the Member for North East Hampshire (Mr Arbuthnot), the Defence Committee Chairman, about single-source pricing regulations and possible exemptions for foreign companies. In fact, the Bill gives the Secretary of State the power to exempt individual qualifying contracts from the process, but I agree that it could be used to exempt foreign companies. I cannot think at present of many examples of a non-competitive contract going to an overseas contractor, and this would not affect FMS—foreign military sales—as I understand it, so the Tomahawk missiles, for example, would not be covered by the regulations.

There is a powerful point here about the risk of creating a perverse incentive, should foreign companies be exempt, for British contractors to move more of their operations overseas to escape the new regulations. I hope there will be a truly level playing field and that the American defence contractors—who typically will be affected by the regulations—will genuinely be affected and not exempted from them. I also obviously expect the Single Source Regulations Office to be truly independent and sympathetic to the needs of small and medium-sized contractors, as the industry suggests.

Turning to Defence Equipment and Support itself, potentially the most controversial part of the Bill, getting the budget balanced was the easy bit. It did not seem so at the time—certainly not for my right hon. Friend the Secretary of State—but keeping the budget balanced is going to prove a lot harder. Acquisition reform is going to be central to achieving that.

I am delighted about the bipartisan process that has been adopted, and I have a bit of an apology for the hon. Member for Plymouth, Moor View (Alison Seabeck) who is on the Opposition Front Bench. Last year, we worked through the complex issues associated with this development but did not keep her properly informed about how things were developing. I am grateful for the sympathetic meeting we had in my office some time last year, when we brought her up to date on our thinking. I apologise, in that we got too obsessed with the internal processes of government and did not do enough to communicate how our thinking was developing.

Bernard Gray was a special adviser to the last Labour Government and is Chief of Defence Matériel for this Government. His report of 2009 called for a GoCo. That was not the initial view of Ministers in this Government, but we changed our minds as we listened to the argument. I was rather amused by the response of officials to his report. When I took on the ministerial portfolio it was all, “Well, we all knew it was like that; we don’t need Bernard Gray to tell us this. It will all be absolutely fine. He told us nothing new at all”. Actually, he did tell us something new. He put it all together in a powerful and punchy way, and I am sure the issues had never been analysed as coherently and consistently as they were by Bernard Gray.

I was presented with the document entitled, “The Defence Strategy for Acquisition Reform”, which was a product of the last Government. It was a classic piece of Sir Humphrey-like bureaucratic obfuscation and box-ticking, with apparent action being the substitute for effective change. It provided a mass of detailed actions that gave the appearance of doing something while doing absolutely nothing whatever. Now, we all speak with unanimity about the dangers of an overheated equipment programme, about the conspiracy of optimism on programme costs, about the high price of requirement creep—huge steps forward—and about the lack of key commercial and engineering skills at DE&S.

I was struck by some of Bernard Gray’s comments in an interview in Civil Service Worlda publication I like to read every week or month when it comes out. He said:

“If industry wants to go out and hire the best lawyers, the best programme managers, they can; and all the choices they make create costs that we bear. So we’re paying them to upgrade their side of the equation, but we don’t pay to have those skills available to our own side.”

That is a very important point indeed. I think we now understand that we have to keep the equipment programme balanced, to create proper boundaries between DE&S and the customers and to ensure that DE&S has the skills, processes and incentives to keep costs down.

DE&S does most of its work extremely well, and its staff deserve a pat on the back and to be congratulated more often than they are. The phenomenal work done recently on urgent operational requirements and operations should be a cause for deep and warm congratulations. Sometimes the staff are unfairly pilloried by some members of the national media, and there are nowhere as many of them as is sometimes said. The current headcount—I look to the Minister for reassurance here—is some 14,000 or 15,000 after a series of very steep reductions in recent years. I believe that only some 8,000 civilians would transfer to the new GoCo if such a transfer were to take place, with around 2,000 military secondees—some 10,000 people, which is much smaller than the 29,000 figure one often hears quoted by cynics.

I have three specific concerns about the GoCo. First, could we write the contract? I have been reassured on that and believe that the suggested phased approach addresses the issue sensibly. Secondly, would it offer value for money? I believe it will, and we will know very soon. It is right for the House to be exposed to this argument in as much detail as possible, consistent with commercial confidentiality and not prejudicing the Department’s commercial position.

Finally, would our allies be happy, especially about the security question? I have seen some alarmist reports in the specialist media about the American view and I am confident that that can be addressed. We have a GoCo already for the most secret thing we do—that is, nuclear warheads—and there is no reason why we cannot address those concerns. Our nuclear propulsion plants and our submarines are already built by the private sector and there is no reason why we cannot write the kind of guarantees our foreign allies would seek.

I have a number of questions, some of which echo points that have already been made. First, on the point made by the hon. Member for Hartlepool, will DE&S be incentivised to support exports? That is an important question and we need to know how that will be achieved. Secondly, will the system have enough flexibility to cope with sudden surges caused by operations? Will there be sudden meetings of lawyers and specialists to discuss contract amendments, or will we be able to deal with sudden and rapid surges in demand? Industry is right to worry about intellectual property protection, and clause 7 and schedule 2 will need particularly careful scrutiny in Committee.

Above all, I am worried about the speed of progress. I intervened on my right hon. Friend the Chairman of the Defence Committee about the invitation to negotiate. Time is slipping through our fingers and—call me cynical—I still fear there might be people in the Treasury, the Cabinet Office and the higher echelons of the MOD who do not like the idea and might like to kill it by civil servants’ favourite device of time-wasting. I hope there are no such processes under way and that my hon. Friend the Minister can reassure me that after the rapid progress we have made, there will be no slippage in the invitation to negotiate, as urgency is needed.

I believe that only radical change will secure the behavioural changes we need in defence. It is not just about numbers on a bit of paper but changing people’s mindset. We need to ask what the taxpayer’s relationship is with the armed forces and what we need to do to improve the way we operate. Even if the value for money case is finely balanced, the behavioural changes a GoCo would introduce would make it worth deciding to go for a GoCo. I hope a modest, finely balanced judgment will not be used as an excuse for not proceeding. Only if the value for money case was clearly negative would there be grounds to pause and think again.

In the preface to his 2011 report, Lord Currie of Marylebone summed up my attitude to the procurement aspects of the Bill:

“The reward is a more stable environment for the single source defence sector, where industry is more cost competitive in export markets, and the MOD maintains a balanced budget. That balance will avoid the need to cut or delay programmes and greatly reduce the level of waste that results, with benefit to the MOD and industry, including SMEs. This is a much healthier position for both parties, and one that should help to take them out of the spotlight. The real prize…will be better value for money for taxpayers and a better equipped front-line.”

That is what the Bill will deliver.

17:12
Thomas Docherty Portrait Thomas Docherty (Dunfermline and West Fife) (Lab)
- Hansard - - - Excerpts

Let me begin by following up on the point made by the hon. Member for Mid Worcestershire (Peter Luff), who said that ex-Ministers probably should not boast about their achievements. I say gently to the ex-Minister that if they do not do the boasting, there is probably no one else who will do it on their behalf.

I think we have been greatly served over the past two decades by a succession of good, generous and genuine procurement Ministers, not least Lord Gilbert who so sadly passed away just a few short weeks ago. The spirit of the debate on both sides of the House is testimony to the fact that we believe that providing our men and women who serve so bravely with the correct equipment is an issue on which we should not make too much of a party political point—although Members will forgive me, as we are in Parliament, for making some observations in my speech.

I have a specific question for the Minister, which he may wish to consider, on the reserves and the territorial extent of the provisions. The explanatory notes state that the Bill’s scope on reservists will extend to the Channel Islands and the Isle of Man—so, to Crown dependencies—but do not mention the overseas territories. It is my understanding that Bermuda and Gibraltar raise TA units, and it would be helpful if the Minister could explain why the provisions will not extend to Gibraltar and Bermuda. I know that the Minister is already thinking carefully about the answer he will give me.

There has been some suggestion that the budget is now balanced, but unfortunately the Defence Committee’s view has been that as the Secretary of State has consistently refused to show us the books, we have no way of upholding that judgment. The Prime Minister—he is only the Prime Minister and not Lynton Crosby, so he is not actually running the Government—has said that his preference is for a real-terms increase from 2015 or 2016, but there is some confusion about the date he meant. Perhaps the Minister will explain what will happen if there is no real-terms increase. Will the books go out of budget? This returns me to my exchange with the hon. Member for Mid Worcestershire. If the books are balanced only in the event of a real-terms increase beyond 2015, I am afraid that we shall have another black hole, whether the Minister likes it or not.

I am something of a sceptic when it comes to a GoCo, for a reason that the Minister heard me give only last week when he met members of the Defence Committee representing both sides of the House. There are three reasons for the overruns and programme delays that have led to some of the biggest procurement problems in the last 20 years: those involving the Type 45 destroyer, the joint strike fighter and the Queen Elizabeth class carrier.

First, there is the conspiracy between the defence industry and the services. The industry wants the work and the services want the kit, so they artificially drive down the cost that they declare to Ministers for each project. Surprisingly enough, once the main gate decision has been reached, the costs start to rise to fairly extreme levels. We also see decisions being pushed to the right. As was pointed out by my right hon. Friend the shadow Secretary of State, Labour must take some responsibility—our hands were not entirely clean in this regard—but it is not a new problem.

Secondly, there is the chopping and changing of programmes. We saw that when, following the strategic defence and security review, a carrier decision was changed in favour of a sea variant. After £100 million had been wasted in 18 months, the new Secretary of State made the correct decision to return to the B variant, but unfortunately we are where we are, and, regrettably, the taxpayer is down £100 million. Thirdly, there is the problem of immature decision making on the part of the MOD and the services. They do not necessarily understand what their requirements are in the longer term, and that drives up costs.

The GoCo will not solve any of those problems, but strong ministerial leadership would help to alleviate at least two of them, if not all three. I hope that the Minister will explain how the MOD will tackle the buy-in conspiracies, the chopping and changing, and the lack of mature decision making.

As was made clear by my hon. Friends the Members for Hartlepool (Mr Wright) and for Merthyr Tydfil and Rhymney (Mr Havard)—and, indeed, by the right hon. Member for North East Hampshire (Mr Arbuthnot)—the Committee feels quite strongly about the research budget. We spend only 1.2% of the defence budget on research and development, and not all that money is going to United Kingdom companies. We are, in effect, subsidising other nations. The Defence Committee has an aspiration—it cannot be described as a pledge—to reach a spending level of 2%, and, crucially, we think that that money should be spent on UK companies. We must support our own companies, as the Americans and the French do. We should welcome an update from the Minister on the progress of, for instance, the remotely piloted aircraft programme. I understand that Sentinel will not be funded beyond 2015, and it would be helpful to understand the implications of that now.

May I press the Minister to say more about how two programmes will be dealt with under either GoCo or single source? I will not make my speech about Trident today, because we shall have a three-hour debate on the subject tomorrow, but it would be helpful if the Minister could explain how the common missile programme will be dealt with, in practical terms, under the new arrangements. I should also like to know how the joint strike fighter programme will be dealt with, given the genuine concern that has been expressed by our closest ally about GoCo and the new arrangements.

I am slightly disappointed that the Bill contains no provision to tackle the “revolving doors”. The Committee is concerned not just about the revelations in The Sunday Times about generals and admirals leaving on a Friday afternoon and popping up in the defence industry on a Monday morning, but about the more general policy. I am not specifically criticising the Bill here, but it would be helpful if the Minister outlined what steps he intends to take, so that we avoid this culture and what appears to the Committee to be an unhealthy relationship between some of our senior military leadership and the defence industry is tidied up.

It is easy to knock civil servants. Politicians have never lost a vote by having a go—[Interruption.] Except in Cheltenham, where I suspect that if a politician knocked the civil servants, they would probably lose quite a lot of their votes. On the whole, however, knocking civil servants is not a difficult gig, and successive Governments have perhaps been guilty of doing that. I think we must recognise the contribution made by our civil servants, however, as we would not have a procurement programme or a functioning defence industry without them. I hope the Minister will say that this is not going to turn into an exercise in beating up civil servants.

I cannot see anything in the Bill about how the pay and conditions for those for whom Bernard Gray wants greater flexibility will be set. The Defence Committee is very concerned that Mr Gray may be seeking to have the power to set the pay and conditions for his management team without ministerial buy-in. Will the Minister explain how he will ensure that there will be ministerial accountability for all the pay and conditions awarded to Mr Gray and his team? We understand the argument about increasing competitiveness, but we must not get into some of the situations that have developed elsewhere, with personal contracts and off-the-books arrangements and tax avoidance, such as for the chief executive of the Student Loans Company. Will the Secretary of State still have to sign-off all individual packages, or does the Minister expect that to be delegated to Mr Gray and his successors?

On the point about invitation to negotiate, it is my understanding that we have seen a slippage from July to August. Can the Minister confirm whether that is indeed the case, and does he understand the concern felt by me and many other Members across the House in respect of the aspirational timeline he has set and the possibility that it will become harder to meet the deadlines? I might not attribute this to the same cynical reasons as the hon. Member for Mid Worcestershire, but can the Minister assure us that if the date has indeed been moved, there will be no rushing of the later stages to get us back on track?

I appreciate the sentiment behind the aim of trying to transfer financial risk from the MOD to defence contractors, but does the Minister accept that in reality that is impossible, partly because we are talking about buying kit for our men and women serving on the front lines? The MOD will have to own and take accountability for those decisions, therefore, and any slippage or risk will ultimately be borne by the politicians, not BAE or Babcock or whoever else. I am also yet to be convinced that there is a practical way of transferring the financial risk, because. given the types and the size of the contracts, in the final analysis the MOD will still have to be the underwriter for those projects.

I have asked the Minister this question before, but I did not get a clear answer, so I will ask again: which country does he hold up as a good example of defence procurement? We often hear about the bad examples, but I have yet to hear that there is any good example. Perhaps the Chinese, for the obvious reason they tend to chop people’s heads off when it goes wrong? Which country would the Minister hold up as doing procurement well? The United States has some of the worst examples of procurement. We need only to look at the strike fighter to see that. That project’s costs have increased 100% in the past 10 years, from $100 million per airframe to $191 million.

Julian Brazier Portrait Mr Brazier
- Hansard - - - Excerpts

Sweden, a country of just 8 million people, developed its own fast jet fighter. Its defence industry has an astonishing record of not only using high-quality equipment but finding diverse civil applications for many of its products.

Thomas Docherty Portrait Thomas Docherty
- Hansard - - - Excerpts

I am grateful to the hon. Gentleman; he has made that point about Sweden to the Defence Committee as well. I take on board the point that he is making about the Saab Gripen. My understanding is that the Swedes would say that they procure less badly than us or the United States; they would not say that they were a great procurer. The hon. Gentleman is probably right, however, and he has probably helped the Minister to avoid doing some homework. Sweden might be a reasonable example, although it does not have a fantastic track record on procurement schemes.

Let us bear in mind some of the problems that we have coming down the road, including the strike fighter. I apologise to my colleagues on the Defence Committee for having been something of a sceptic about the whole procurement system. An example can be seen in air-to-air refuelling. The A-variant of the strike fighter, which the US air force, Australia and most of our European allies are procuring, uses a probe and drogue refuelling system, whereas the B-variant and the C-variant, which we and the US Marine Corps are buying, use a boom refuelling system. Unfortunately, the two systems are not compatible with each other, so if the RAF were to win its argument for the A-variant, it would have to retrofit the Voyager tankers to enable them to be refuelled. That is an example of the UK, the US and others not being joined up, and it is absurd that we have got into such a situation. I shall not rehearse the arguments about the carrier, but the Defence Committee found that there had been an “immature understanding” of the decisions on the strike fighter and the carrier, and that not enough detailed work had been done before decisions were made. Will the Minister tell us how he is going to fix that problem?

There is a great deal to commend in the Bill. The fact that we have heard supportive remarks from the Opposition Front Benchers and from Back Benchers, who are not always sympathetic to the Secretary of State’s arguments, bodes well for the legislation. We all wish the Bill God speed.

17:27
Penny Mordaunt Portrait Penny Mordaunt (Portsmouth North) (Con)
- Hansard - - - Excerpts

I draw the House’s attention to my interest as a member of the reserve forces. I should like to start by paying tribute, as others have done, to the two reservists who died on the Brecon Beacons. My thoughts are with them and their families, and with their colleague who is still ill in hospital. I would also like to associate myself with the comments of the hon. Member for Merthyr Tydfil and Rhymney (Mr Havard) about the volunteers who assisted the reservists on that day. I am glad that he was able to put our thanks to them on record.

There clearly needs to be an inquiry into the incident, but I want to take this opportunity to put on record my sadness at the line being taken by some people, whom we might call “reservist sceptics”, that the death of those two young men is evidence that we cannot rely on reservists. We have lost those two young men, but in the past we have lost people from the regulars, too. We need to wait for an inquiry to find out what went wrong in this case, and there should be no attempt in the meantime to draw conclusions or wild and false deductions from this tragic event. I hope that all Members will support those sentiments.

Bob Stewart Portrait Bob Stewart
- Hansard - - - Excerpts

I thank my hon. and gallant Friend for letting me speak. As a company commander, I very nearly lost two regular soldiers on a 12-mile march in Akamas early one morning. They suffered heat exhaustion followed by heatstroke, but their lives were saved because we were near water—the Mediterranean. We chucked them in until the rescue helicopters came. Anyone who suggests that the two young men died on the Brecon Beacons because reservists are in some way substandard is way out of line. I suspect that all hon. Members would agree that such an assessment is fallacious and wrong.

Penny Mordaunt Portrait Penny Mordaunt
- Hansard - - - Excerpts

I am grateful for my hon. and gallant Friend’s intervention, as his experience in this matter will back up my point.

In my experience, reservists are extremely dedicated individuals who have to reach the same standards as the regulars. The joint training between the two, instigated in the past few years and which it has been my privilege to experience, has been very powerful indeed. To achieve the recruitment and training we need for our future reserve forces, we need to focus on the detail and the dry administration: we need to ensure that people are getting their medicals swiftly; and their identity cards, joint personnel administration accounts and insurance cover need to be processed quickly if we are to retain interest from new recruits and deliver the throughput we need to regenerate that capability.

I am extremely pleased at the attention given and the offer made on strengthening the package not only to reservists, but to their employers. That is an excellent piece of work. I also hope that we will be able to focus on problems that lie in particular professions, where reservists are having real difficulty in meeting their training and deployment commitments. Anecdotally, teachers always seem to top that list, but one would think that that profession would be well geared up to cope with reservists, given the supply teaching system. I hope the Minister will be able to give that some attention.

There has been much focus on the issue of reserve forces as the major challenge facing the MOD, but I would argue that it is tiny in comparison with the challenges on Defence Equipment and Support. What we have had has not been fit for purpose; earlier in this Parliament, I highlighted the case of a frigate that was deployed to Libya with no defensive weapons on board. Historically, we seem to have been incapable of getting what we needed, where we needed it and in a state in which we could use it. It will be some time before these reforms come into effect. They are very much needed and I very much welcome them, but they will not take effect immediately. I hope that the Minister can provide reassurance that the status quo will not remain in the interim. We cannot wait for this Bill to take effect for further progress to be made; we need further improvements now. I very much recognise the considerable progress that has already been made, but it must continue and pick up pace.

Immense changes lie ahead for our armed forces and in how we procure for them. We must seek to protect our sovereign capabilities and the unique research, development and supply chain networks so evident in constituencies such as mine. We need to have a clear vision of what industrially is in our national interest. We need to consider: what technology should we be investing in with our research and development funds? What do we build enough of over a given cycle? What is genuinely innovative? What kit could we be using in trade deals, for example? To which countries should we be exporting? Clearly there are countries to which we do not want to sell particular kit, but it might be to our advantage, for diplomatic and defence reasons, to sell them naval assets to protect their oil platforms, for example. Outside the MOD we need a more sophisticated view on exports.

Much scepticism has been expressed in the Chamber this afternoon about an off-the-shelf approach, but people could be very reassured by reading the White Paper produced by my hon. Friend the Member for Mid Worcestershire (Peter Luff), who is no longer in his place. [Hon. Members: “He is over there.”] I am glad that he is here for the pat on the back that I am giving him. That excellent White Paper captured the necessary subtleties when considering whether to retain particular sovereign capabilities and focusing on our national interests. We need to learn from the example of the MARS tanker contract, which he cited, because although a proposal might seem on paper to be the best decision for the budget and the procurement process, we must be aware of its knock-on effects on the supply chain. A number of companies would have found it difficult to get a foot in the door to supply kit for that project, including large companies with an export rate close to 50% of what they produce. We must learn from such experiences and guard against throwing the baby out with the bathwater.

For understandable reasons, the previous strategic defence and security review was not strategic enough. We therefore must ensure not only that the next one is strategic, but that a strategic approach permeates our defence procurement, because only then will we get the best value from our budget.

If the Minister will forgive me, I shall conclude by returning to a campaign about which he has heard me speak many times. As he sorts out the tangled mess of contracts that he has inherited, I hope that he will consider the case that building two ocean patrol vessels for the Royal Navy would be the best use of the budget. Obviously, I would want them to be built in Portsmouth, which would give the city a couple more years to put in place an excellent plan for the future of the dockyard. It would provide the overstretched Royal Navy with a couple more hulls, as well as freeing up the existing and future frigate fleet from undertaking tasks for which, frankly, frigates are not needed. I have bored the Prime Minister, the Chancellor and Ministers from the Ministry of Defence to the Department for Environment, Food and Rural Affairs about this, and I thank them all for giving up their time to listen to me.

Julian Brazier Portrait Mr Brazier
- Hansard - - - Excerpts

I hate to interrupt my hon. Friend’s compelling speech, but may I suggest that she could not possibly bore on that subject? She is absolutely right from a shipbuilding angle, as well as from the point of view of flexibility and value in the Navy, so full marks to her.

Penny Mordaunt Portrait Penny Mordaunt
- Hansard - - - Excerpts

My hon. Friend is absolutely right that the proposal would be a good idea for the Royal Navy and the taxpayer, as well something that would cheer him up no end. If the Minister agreed to my proposal, my happiness could be topped only if he also announced that he intended to revive the names HMS Portsmouth and HMS Penelope, which have been absent from the surface fleet for far too long. I thank him not only for listening, but for all the work that has gone into this excellent Bill.

17:37
Stephen Doughty Portrait Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
- Hansard - - - Excerpts

It is a pleasure to follow the hon. and gallant Member for Portsmouth North (Penny Mordaunt), who speaks with a great deal of personal experience from her commitment to her reserve career.

My thoughts and prayers are also with the families and friends of the two service personnel, including Lance Corporal Craig Roberts, who perished in the Brecon Beacons at the weekend, as well as with the soldier who remains seriously ill in hospital. Although our service personnel—regulars and reserves—are aware of the risks and challenges inherent in their service selection and training, and while we must all accept the necessity of gruelling and challenging assessment procedures, especially for our special forces, such processes should never be exempt from appropriate scrutiny by the MOD and external authorities. I hope that there will be a full and thorough investigation of the tragic events as a matter of urgency, especially in the light of the equally tragic death of Captain Robert Carnegie in the Brecon Beacons some months ago, also during a selection process. Like my hon. Friend the Member for Merthyr Tydfil and Rhymney (Mr Havard), I pay tribute to the work of the mountain rescue services and other rescue services in the Brecon Beacons that had to deal this weekend with not only the events I mentioned, but two tragic drownings in reservoirs in my hon. Friend’s constituency and in Brecon and Radnorshire.

Those tragic events occurred at a time when the Government are about to make some of the most significant changes in a generation to the make-up of our armed forces, especially with regard to the crucial relationships between the regulars, ex-regulars and reservists who make up our armed forces. The increasing demands that will be made on our reservists in operations, training and levels of recruitment will have a series of wide-ranging consequences that we may not be able to foresee in their entirety at this stage. I hope the Government will keep those under continuous assessment and ensure that if any further changes are needed in future, those are made.

I associate myself with the comments of the hon. and gallant Lady. I have no doubts whatever about the capability and commitment of individual reservists. I have seen that for myself in Helmand, where I saw reservists fully integrated into our operations there and doing incredible work. I met a senior civil servant who was a reservist contributing to our operations at Camp Bastion. I have also seen the work of our reservists at home. I have seen that in Wales in my constituency and in the region, where they play crucial roles, from preparing for civil emergencies to liaising with merchant shipping and to protecting the Olympics, which Cardiff was delighted to play its part in hosting last summer.

I was delighted a few weeks ago to be able to watch veterans, regulars, ex-regulars, reserves and cadets all march down the street together in Penarth in my constituency in recognition of Armed Forces day, and a few days later to see a similar gathering of regulars, reserves and others to celebrate Armed Forces day in Cardiff and, in particular, to learn about the work of the Royal Naval Reserve from the commander of HMS Cambria in Sully on the border of my constituency—work which draws on many of my constituents. I am well aware of the excellent work done by the other three facilities—the newly named Army Reserve in Cardiff at Morgan street, again on the borders of my constituency, Maindy barracks, which brought my father to Cardiff many years ago with the Army youth team, and in Gabalfa avenue.

The image that I saw of our regulars and our reserves marching together united down the street in a coherent and seamless fashion is clearly the Government’s intention in the reserve forces changes set out in the Bill, but I hope the Government show more coherence in the execution of that strategy than they did in the confusion surrounding announcements in the House recently.

I shall make a few brief remarks about the recruitment of reservists and in particular the move to a 70:30 split, which is a significant change predicated on a successful available uplift of the reserve capacity, while the regular Army, as we have heard from many hon. Members, faces a loss of 20,000 troops. The uplift is planned regardless of the timing and the coherence of the two changes and one being contingent on the other. We should be careful that no gaps in capacity or capability occur as a result. The Secretary of State admitted in a statement the other week in the House that many current reserve units remain heavily under-recruited, which is the justification for closing or rationalising a number of them.

From the details of the strategy, I am not yet totally convinced that the recruitment levels will meet expectations, particularly in view of the barriers to bringing reservists in that many hon. Members have spoken about and despite the measures in the Bill, a number of which are extremely welcome. The Bill sets out a number of measures to help us recruit more reservists and retain them in their employment. There are measures in clause 44 to deal with additional payments and measures in clause 43 to deal with unfair dismissal. As we have heard from others, little is said about the barriers that some reservists or potential reservists face in squaring their reserve career with potential new employers.

Dai Havard Portrait Mr Havard
- Hansard - - - Excerpts

Before my hon. Friend moves on to the particulars of the people being recruited, does he agree that one important consideration is that the figures given relate to ambitions for 2018 and 2020? We are on a journey from here to there. Therefore the sequencing of the number of reserves against the number of regulars may need to be monitored very carefully in order to see whether the ambitions set out can be achieved against the timings set out.

Stephen Doughty Portrait Stephen Doughty
- Hansard - - - Excerpts

I absolutely agree. There are some real questions that must be asked. Other significant changes are going on at the same time as this transition in the composition of our armed forces, such as the return of troops from Afghanistan and Germany, which are major logistical challenges.

I hope that all employers would see the value of having reservists on their staff, quite apart from demonstrating their commitment to wider national purposes, but sadly the reality is that we often see differences. Even when employers recognise that value, there are some genuine challenges, as my right hon. Friend the Member for East Renfrewshire (Mr Murphy) outlined, particularly for smaller companies. Obviously, that will be particularly so given the increased number of conditions under which our reserves can be deployed and the length of those deployments.

Therefore, will the Minister assure us that clear measures will be set out to support reservists in handling difficult questions from new or existing employers about the changes proposed by the Bill? The Bill and recent announcements have generated a great deal of media interest, which might have put worries or concerns into the minds of new or existing employers. I want to ensure that reservists and those who wish to join the reserves are properly equipped to deal with those challenges when asked questions by employers.

I understand that the MOD has outlined its intention to gather further evidence of any disadvantages faced by reservists and perhaps take further measures in a future armed forces Bill. The Secretary of State mentioned a website, but I would be interested to hear from the Minister whether there are any plans for a more comprehensive survey of those challenges, particularly over the transitional period in the months ahead. What surveying and information gathering will take place to ensure that there will be a response to any challenge that arises, whether in a particular sector of employment or particular areas of the country?

As my right hon. Friend the Member for East Renfrewshire said, there is evidence of real concern resulting from those comments, as last year the Army Reserve recruitment target was missed by more than 4,000. I want more assurances from Ministers that we will not see a rise in that figure. A worrying survey from the Federation of Small Businesses has shown that a third of employers said that nothing, including the measures set out in the Bill, would encourage them to take on reservists. What assessment have Ministers made of the impact on some reservists—hopefully only a few—who might to choose to leave the service given the changes in the length of deployment and other changes outlined in the Government’s proposals that might not fit their personal circumstances or the expectations they had when they first signed up?

I do not want to paint a bleak picture. I would certainly be willing to speak to any employer in my constituency who is worried about employing a reservist and to talk about the benefits for them and the employee. Nevertheless, we must recognise that there will be a major shift in numbers and expectations. I worry whether the Government might simply be over-reaching themselves, which could leave us with gaps in capability or put stresses and strains on our overall reserve forces that are not sustainable. The Secretary of State tried to brush off that concern earlier by describing it as a potential for “lumpiness” in the transition process, but that might understate the risk. How long does he expect that “lumpiness” to persist and what exact impact does he think it will have on capability? As I said, that comes alongside some major logistical changes resulting from the return of troops from Afghanistan and Germany.

Finally, I will turn briefly to some of the concerns that have been raised about procurement. I share the concerns my hon. Friend the Member for Stretford and Urmston (Kate Green) raised about the potential squeezing out of smaller companies in defence supply chains. I certainly am aware of that from conversations I have had with companies in my constituency, such as BCB International, which provides excellent services and products to UK and other NATO armed forces. It provides a significant majority of camouflage paint and a significant proportion of survival gear, non-lethal devices and blast-protection equipment, and it does some excellent and innovative work. I want to hear more assurances from Ministers that such companies will not lose out as a result of these changes and that they will continue to play a valuable and innovative role in our defence supply chains.

17:49
Martin Horwood Portrait Martin Horwood (Cheltenham) (LD)
- Hansard - - - Excerpts

This has been a constructive and positive debate, and I am happy to follow the hon. Member for Cardiff South and Penarth (Stephen Doughty), who made a valuable contribution to the debate along those lines. A discordant note was sounded by the right hon. Member for East Renfrewshire (Mr Murphy), who is no longer in his place, when he deviated into tomorrow’s debate on Trident and launched a bit of a pre-emptive strike on Liberal Democrat policy. Since Labour’s policy on nuclear weapons over the decades has itself been a bit of an unguided missile, it might be wise for Labour Members to look at the evidence and consider the possible value of the Trident alternatives review before finalising their policy too quickly.

Other hon. and gallant Members have made valuable and interesting contributions, including the hon. Member for Canterbury (Mr Brazier), who is no longer in his place, who mentioned the allocation of command. The hon. Member for Dunfermline and West Fife (Thomas Docherty) made a stinging indictment of past procurement policy and outcomes, and we would all echo the hon. Member for Portsmouth North (Penny Mordaunt), whose remarks about the reservists who died recently in the Brecon Beacons were well made. In a debate such as this it is right to pay tribute to the courage, commitment and loyalty of all our armed forces, and to emphasise that those who die in training are people of no less courage, loyalty and commitment than those who die on active service.

This enabling Bill does not directly mandate the creation of a so-called GoCo procurement system, and neither does it set the terms of single-source contracts, the shape of new reserve forces or the plan for implementing them, as that is done in more detail in the White Paper. It does, however, give the Secretary of State power to change defence procurement and the way reservists are recruited and supported, and I think there is general consensus that such powers are badly needed, and that particularly for procurement, the existing system has not delivered. Let us consider some of the statistics: average timing overruns of 80%; cost overruns often 40% over estimate. Bernard Gray’s 2009 report suggested that we might be wasting as much as £1.5 billion a year through poor procurement. Clearly that cannot go on, and it is right for the Government to take tough decisions to tackle the issue.

That does not mean, however, that there are no possible criticisms of the GoCo model—we have heard some in this debate, and in another place Lord Lee made pointed criticisms about the possibilities of a GoCo. I raised in this Chamber the possible complexity of having various bodies involved in procurement and trying to align it. Those bodies obviously include NATO, the Ministry of Defence, the armed forces and eventual contractors, and now we are inserting the GoCo level into that process. I highlighted to the Secretary of State the possible risks of inefficiencies and complexity entering the system, and his reply was good. He said that any structure contains the risk of inefficiency and waste creeping into the system, and that whatever structure we create, we must focus on good management and monitoring, and good assessment of cost effectiveness and management of contracts. I am sure that is right. It is clear that something has to change, and the Bill is going down the right path.

Part 2 creates the regulatory framework for single-source contracts, which is an interesting case. The explanatory notes to the Bill explain the relevance of EU law, which requires most Government contracts to be subject to an open process involving

“publicly advertising the fact that the contract is available for tender, and then a competitive process to select the successful contractor.”

We have taken advantage, as have other states, of the exemption in the European treaties for

“measures which a Member State considers necessary for the protection of the essential interests of its security”.

That is how single-source contracting has managed to develop on such a large scale. However, it has created the strange anomaly whereby there is currently no legal framework regulating defence single-source contracts, and so we are now putting in place something that will, in effect, regulate those contracts. I could make a small point about the value of the European Union on occasion, when we see exposed the fallacy of the argument advanced by some Members that we are beset by EU rules on all these issues. In this case, we find that where an EU rule does not apply, we feel the need to invent a substitute, and I am afraid that that would be the case in many other examples often cited in this Chamber. This is absolutely the right thing to do. I think we all instinctively know that where there are single suppliers, with no competition and no regulatory oversight, there is a real risk that uncompetitive results will be the outcome. We must address the obvious risk in the procurement of single-source contracts, and the Government are right to do so in this Bill.

Part 3 makes changes to reserve forces. This is a sensitive area to deal with but it is very necessary to do so. As we move further into the 21st century, the threats that our military are asked to counter and the demands on them are changing, and we need to look at a more flexible and light-footed model of personnel. The Government plan by 2020 to change the numbers in the Army from 102,000 to 82,000 regular soldiers but to balance that by increasing the number of reserves from 15,000 to 30,000 by 2018, with smaller increases in the maritime reserve and the Royal Auxiliary Air Force, giving us a total reserve armed forces of about 35,000 people. That is a different model that will prove more flexible and more cost-effective but make certain demands as well. If we are to have that level of reliance on our Army Reserve forces, we need to take some of the steps that the Government have considered in providing access to and use of the same equipment and vehicles as regulars, increasing reserves’ training commitments to 40 days a year, and pairing reserve units with regular units for training and deployment purposes.

I might add some ideas such as those put forward by my hon. Friend the Member for North Devon (Sir Nick Harvey) about trying to promote reserve liability. He has particularly identified the Gurkhas as a group who might figurehead and lead that process. Automatic reserve liability for the Gurkhas would send a positive signal that we are aiming for parity of esteem between the regular forces and the reserves. We should also be encouraging ex-regulars consciously to engage with the reserves.

I would like to draw attention to work that is being done in a slightly different context by a company based in my constituency. This may sound like a shameless plug for a local company, and perhaps it is, in a way. It is called Omega Resource Group and it is doing interesting work with 1 Rifles based on the employment of veterans, taking ex-regulars and trying to place them in civilian jobs in a way that makes the best use of their skills and markets those skills effectively. Although that might not seem immediately relevant, I think that it is. If we are to try to increase the demands on employers on behalf of our reserve forces, employers have to understand even more than before the value of having soldiers and military people as part of their establishment.

Omega has made a very good case for that. It says that there are widespread myths among employers—for instance, that soldiers have institutionalised thinking and are incapable of thinking out of the box. Omega points out that exactly the opposite is true—that modern soldiers are brilliant at thinking out of the box, problem-solving, and thinking tactically and differently from the way that might be expected. That kind of skill, resilience and flexibility is exactly what we should be trying to sell to employers. We will have to do that selling job because we will be putting greater demands on them if these increased reserve commitments are to be successful. We need to look at companies like Omega and, I am sure, many others that have experience of military personnel—some will already employ ex-military personnel—who can help to make a success of the whole process.

This is an enabling Bill that will allow us to move to a more flexible, light-footed, effective and, not unimportantly, cost-effective armed forces. For that reason, I am happy to join the seeming consensus throughout the Chamber in support of this very important measure.

17:59
Tobias Ellwood Portrait Mr Tobias Ellwood (Bournemouth East) (Con)
- Hansard - - - Excerpts

It is a pleasure to be the tail-end Charlie in this important Second Reading debate. I begin, as others have done, by declaring an interest as a member of the reserve forces and the military stabilisation and support group.

While listening to this very interesting and informative debate, I had flashbacks to my time serving as a regular officer and some of the procurement problems our troops had with equipment, including the ever-promised better radio. The Bowman radio is now in use, but back in my day it was just a vision. We had the old Clansman set and must have been one of the few armies across the world still using open voice procedure that was not even encrypted. The SA80 was issued to us, only to be recalled because of problems with the catches. It was then mended and given back to us at double the cost of the original contract.

I am grateful for the opportunity to speak in this debate and to place on record my gratitude to the Government Front Benchers for the work they have done not just in this area but right across defence. They deserve to be commended, particularly on procurement, as does my hon. Friend the Member for Mid Worcestershire (Peter Luff), who worked very hard when he had that portfolio.

The Bill is a reflection of how seriously this Government take defence matters and is another significant milestone in Ministry of Defence reforms since 2010. We have seen improved operational decision making, thanks to the National Security Council, and the creation of the Defence Board, the primary MOD decision-making body, which under the previous Government did not include the Secretary of State. We have seen the introduction of real-time control of major equipment programmes in order to stop spiralling costs and delays, and the major projects review board is taking note of and monitoring the top 20 programmes. A focus on British exports has led to an increase in the world market share, boosting support for our small and medium-sized enterprises, and the completion of the long overdue basing review ensures that Her Majesty’s forces are now represented right across the Union. We have also developed an exit strategy from Afghanistan after inheriting a war that had no clear mission, and we have enshrined in law, through the military covenant, the nation’s lifelong duty of care to those who serve in the armed forces. Finally, as has been said time and again, the Secretary of State and his team have, after inheriting a defence budget in deficit, managed to balance the MOD’s books.

Those reforms continue with this Second Reading debate, which has focused on two main areas: the way in which equipment is procured, and the balancing of our regular and reserve forces. It is important to understand the landscape this Government inherited. I am afraid that a glance at Labour’s efforts on procurement makes worrying reading. The majority of the equipment projects ran over budget, as explained in detail by the National Audit Office major projects report of 2010. The hon. Member for Dunfermline and West Fife (Thomas Docherty) and others are right to say that many legacy issues go further back in time, but during my time in the British Army—and certainly during my time in Parliament —we always asked why the issue of procurement was not being grasped in the way it has been today.

Bob Stewart Portrait Bob Stewart
- Hansard - - - Excerpts

I thank my hon. and gallant Friend for allowing me to intervene. I was a staff officer in the Ministry of Defence in 1984, when the world was black and white. I well remember Michael Heseltine introducing a system called “lean look and sharp sword”, which we were told would sort out procurement for ever. I totally agree with the hon. Member for Dunfermline and West Fife (Thomas Docherty), who implied that we have not got the answer to a maiden’s prayer. Whatever we get, we will still have—

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
- Hansard - - - Excerpts

Order. We need short interventions, not major speeches at this stage. I am sure that the question is coming.

Bob Stewart Portrait Bob Stewart
- Hansard - - - Excerpts

There is no question; it is a statement. We have not got the solution and we will still have a problem.

Tobias Ellwood Portrait Mr Ellwood
- Hansard - - - Excerpts

I am very grateful for that statement. My hon. Friend makes an important point. A concern that dates back even to those times is that many of those who have been in charge of procurement have not stayed in their posts for long. Indeed, the people in uniform who filled those posts would spend six to 18 months on a project and, once they were conversant with it, would be rotated out and back to a front-line posting or elsewhere, and all that knowledge would be lost. The mistakes were made because the knowledge was not passed on correctly.

I want to look at some of the big issues that have been mentioned in this debate. The Queen Elizabeth class carriers project, which started in 1998, was deliberately delayed by the last Government at a cost of more than £1 billion. The cost of the Nimrod spiralled out of control. Nine aircraft cost as much as three space shuttles. That was outrageous spending. When we came into government, we decided to stop that process, because not one of the aircraft was able to get an airworthiness certificate and get into the sky.

The Typhoon has also been mentioned many times: an example of procuring for the last war rather than looking ahead. It is a cold war fighter plane that is unable to hit anything on the ground. Not only does it have no ground attack capability—[Interruption.] If the hon. Member for Plymouth, Moor View (Alison Seabeck) wants to intervene I will happily give way; if not, I ask her please to listen to what I am saying.

Thomas Docherty Portrait Thomas Docherty
- Hansard - - - Excerpts

Will the hon. Gentleman give way, then?

Tobias Ellwood Portrait Mr Ellwood
- Hansard - - - Excerpts

Let me finish this point about the Typhoon; then I will be delighted to give way. Unlike other aircraft of its generation, the Typhoon has a flight control system designed by one country and a weapons release system designed by another. That means that every time a missile system upgrade is required, two complex computer systems have to be reconciled, which makes it far too complicated and costly to do any major upgrades to the software or the missiles. That is why there is a delay in converting the Typhoon from an air-to-air aircraft to a multi-role aircraft with ground attack capability.

Thomas Docherty Portrait Thomas Docherty
- Hansard - - - Excerpts

My concern is that, as the tail-end batsman, the hon. Gentleman is bringing a level of partisanship to the debate that we have not had so far. He needs to say sorry for the part he played in the Defence team that did two ridiculous U-turns on the aircraft carrier, which opened a capability gap on carrier strike that would not otherwise have existed and that led to more money being wasted. I agree with his point about our time in government, but does he accept that his Government have also made mistakes?

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
- Hansard - - - Excerpts

Order. I might be able to help everybody. I know that Mr Ellwood is going to discuss the Bill and will not continue discussing the theme of past events.

Tobias Ellwood Portrait Mr Ellwood
- Hansard - - - Excerpts

I accept your guidance, Mr Deputy Speaker, so I will not mention the AirTanker project or the fact that the last Government got rid of the Sea Harriers; I will certainly move on. There was a lack of clarity and direction under Labour and, I concede, under previous Governments. That was not just because of procurement, but because of the unclear strategies—

Lindsay Hoyle Portrait Mr Deputy Speaker
- Hansard - - - Excerpts

Order. We are going to discuss the Bill. We are not going to keep going back in time, as much as Mr Docherty is tempting you to do so, Mr Ellwood. I know that, as the tail-end Charlie, you want to deal with the Bill.

Tobias Ellwood Portrait Mr Ellwood
- Hansard - - - Excerpts

Again, I am grateful for your guidance, Mr Deputy Speaker.

If I may, I will talk about the complications in procurement projects that can cause costs to increase. The hon. Member for Dunfermline and West Fife gave the example of the Typhoon and said how the costs had ratcheted up. However, the F-16 is now seen as one of the most successful aircraft in the world, if the hon. Gentleman wishes to listen. It went through a torrid procurement process, but the unit cost has now shrunk because the problems have been removed and enough units have been sold to drive the price down. We are just beginning to grasp the nettle and we need to ensure that we can sell such equipment across the world.

With your permission, Mr Deputy Speaker, I will turn to the Bill. In debating defence procurement it would be remiss of me not to mention the work of Bernard Gray, who first highlighted the worrying state of UK procurement of military equipment, which consumes approximately 40% of the annual defence budget. In his 2009 report, he described the MOD as having a

“substantially overheated equipment programme, with too many types of equipment being ordered for too large a range of tasks at too high a specification”.

That, as successive NAO reports confirmed, is completely unsustainable. I am pleased that the Minister is willing to take up many of the 53 recommendations in Lord Levene’s report on defence reform, and Lord Currie’s report on single-source pricing regulations included the requirement to upgrade the yellow book and a recommendation to introduce a single-source regulations office.

In an intervention, I posed a question on the concerns that I and others have about a possible clash of interests if a GoCo is owned by a foreign operator, an issue that perhaps needs to be explored in Committee. “Off the shelf” has been mentioned as a possible way forward: instead of procuring ourselves, we could simply purchase whatever we need. We saw what happened in Afghanistan when there was a rush to recognise that the Snatch Land Rover was inadequate for our troops there. We suddenly saw the Cougar, Vector, Jackal and Bulldog being purchased off the shelf at huge cost to the taxpayer, until eventually something was found—the Mastiff—that was adequate for the troops. Going shopping and hoping that we hit on the right thing is the not the way to look after our troops on the front line.

On the balance of regular and reserve forces, as I mentioned, I am a member of the reserves and my last exercise was in Laikipia in Kenya. Halfway through the two-and-a-half week exercise, we came together to discuss the future of the TA and its impact on each of us. Round the table, we had to say what would happen if we were required to break away from our jobs for nine months. Not one person in my group was able to put up their hand and say that their employer would be able to grant them permission to be away from work for that period. I hope we can pursue this issue in Committee. We need to secure employees’ rights to ensure that jobs can be protected, otherwise we will struggle to meet the demands of increasing the size of the reserves.

Due to the changing nature of warfare, greater emphasis is now being placed on stabilisation operations. That has been illustrated in both Iraq and Afghanistan, where the kinetic phase of war ended quickly but there was no unconditional surrender. I am reminded of the study by General Charles Krulak, who described the concept of the three-block war: soldiers can be fighting one week, doing stabilisation operations the next and engaging in peacekeeping the week after. Reserves often have civilian skills that regulars do not have, which can be used for those peacekeeping and stabilisation roles.

I am also pleased to see that the relationship between the MOD and the Department for International Development has changed substantially since the Iraq war, when DFID was told that the war was illegal and that it was not allowed to support our military operationally. That was absolutely wrong and I was astonished that Clare Short, in a debate on Iraq, admitted to that. [Interruption.] The hon. Member for North Durham (Mr Jones) is shaking his head. I will show him in Hansard where she said that she thought the war was illegal and therefore did not want to participate in it.

Lindsay Hoyle Portrait Mr Deputy Speaker
- Hansard - - - Excerpts

Order. I do not think that DFID is relevant to the Bill. I have allowed a little leeway, but I am worried that the time is being used to discuss what has happened previously. I want the debate to continue on where we are now.

Tobias Ellwood Portrait Mr Ellwood
- Hansard - - - Excerpts

I am grateful for your guidance, Mr Deputy Speaker. I shall come to a conclusion.

The Bill will introduce some of the biggest changes since the creation of the TA in 1908 by the Secretary of State for War, Richard Haldane. Today, the TA represents more than one quarter of our manpower in the British Army. It was never intended to go overseas, but the first world war changed that, and it is now used in all sorts of circumstances to provide not just military but civilian support. The Bill will bring greater job security to those in uniform, result in more funds for training and provide better equipment for the reservists. It is fair to say that we owe all those who serve a debt of gratitude. It is we politicians who put soldiers, be they regulars or reservists, in harm’s way, and I join others in paying tribute to their and their families’ commitment. I welcome the Government’s reforms since 2010 and I very much welcome the Bill.

18:14
Alison Seabeck Portrait Alison Seabeck (Plymouth, Moor View) (Lab)
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I draw the House’s attention to my entry in the Register of Members’ Financial Interests.

This has been a wide-ranging, interesting and thoughtful debate that has raised a series of concerns, including the basic one of whether we should go down the GoCo route. Many speakers raised the issue of intellectual property, particularly commercial confidentiality and our relationships with partners and other nations. That was vocalised by my hon. Friend the Member for Bridgend (Mrs Moon), who has established herself in this place as a bit of a defence expert. The hon. Member for Canterbury (Mr Brazier) mentioned the need to ensure that if foreign companies or employees are to be included, the protections around IP and commercial confidentiality are not insubstantial. Despite assurances from a former Minister, the hon. Member for Mid Worcestershire (Peter Luff), who is back in his place, that will require further exploration in Committee.

The hon. Member for Canterbury also spoke with great knowledge about the reserve force. I hope he will bring that experience to bear in Committee, because clearly this is something that many hon. Members would like to debate further. There are issues to do with the recruitment of reservists, the policy of cutting the Army, particularly before we have a clear idea of where recruitment to the reserves will come from, and the protections for those signing up.

I thank the Chair of the Defence Select Committee, the right hon. Member for North East Hampshire (Mr Arbuthnot), for his contribution, which brought his wisdom and knowledge to bear, and for his many questions. He flagged up the risk Ministers have taken, going, as it were, where no one has gone before, and asked where the risk would sit. Will it sit with the Secretary of State, the GoCo or the taxpayer? He also expressed concerns about time slippages and the lack of a plan B for the reserve force.

My hon. Friend the Member for Merthyr Tydfil and Rhymney (Mr Havard) raised several questions about the bigger picture and concerns about the totality of the reforms. He asked if control would be pushed too far away to be meaningful. I think the whole House listened with great sympathy to his comments about the role of the emergency services during the tragic events in Brecon. I am sure the Minister will respond at length on that.

We also heard from the hon. Member for Cheltenham (Martin Horwood). I shall not be drawn into a debate on the nuclear deterrent or whether the Trident review is half-baked.

Alison Seabeck Portrait Alison Seabeck
- Hansard - - - Excerpts

Yes, perhaps not even half-baked.

The hon. Member for Cheltenham made some valuable points about the GoCo, its complexity and the treatment of reservists, and he dallied tantalisingly with European legislation—very dangerous territory in this place.

We also heard from the gallant tail-end Charlie, the hon. Member for Bournemouth East (Mr Ellwood), who was frankly lucky not to be shot down by my hon. Friend the Member for Dunfermline and West Fife (Thomas Docherty). The hon. Gentleman had a very selective memory of the projects he discussed, which distracted from his important opening point about flagging up some of the problems that the Gray review and this Bill seek to correct.

Tobias Ellwood Portrait Mr Ellwood
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Will the hon. Lady give way?

Alison Seabeck Portrait Alison Seabeck
- Hansard - - - Excerpts

No, I will not; I will carry on, if the hon. Gentleman will bear with me. He has had more than his time to make the points he wanted to make. Perhaps he will be on the Committee and we can discuss the issue further.

In opening the debate, my right hon. Friend the Member for East Renfrewshire (Mr Murphy) talked about the background to the need for change and the importance of not jeopardising the ability of our defence industries to deliver world-class equipment to our front-line forces. We have to say loudly and clearly that, ultimately, we have to get this right if we are serious about giving our soldiers, sailors and airmen and women the kit and support they need when carrying out their role of protecting our nation. We cannot cut corners; we need to sharpen up our act. The question is therefore this: does this proposal cut the mustard?

Procurement and the problems associated with it are issues not just for the public sector but for the private sector. As we have seen, getting large projects delivered on time and to budget is a problem not just for the Ministry of Defence but for companies outside. Wembley stadium is an example. It is neither easy nor straightforward to procure for large projects and contracts, which is why we on the Labour Benches have been interested to see the results brought forward by the Chief of Defence Matériel, based on work started under the last Labour Government. The Government will also need to convince Members of this House, the Public Accounts Committee and those outside that they are capable of negotiating and supervising a contract that will be one of the most complex undertaken, given past history—a point touched on by the former Minister, the hon. Member for Mid Worcestershire. I would add that anything that this House decides must not risk destabilising our defence industrial sector, our prime contractors or their supply chain—which is made up of innovative and high-quality small and medium-sized enterprises—in a way that might reduce our ability to deliver in the UK the projects that are vital to this nation’s security.

My hon. Friend the Member for Hartlepool (Mr Wright) talked about the focus on price rather than value. He was concerned about the arbitrary nine-year contracts and the potential instability and uncertainty. He also intimated that there was a need for a wider defence industrial strategy.

The much respected former Minister the hon. Member for Mid Worcestershire waxed nostalgically lyrical about the Bill. He also made the point, in a non-partisan way, that our armed forces are currently well equipped. His observations on the single source regulations office were acute, and he is correct that the weighty impact assessment is an interesting and valuable document. I am sure that the Minister has noted his remarks about the potential exemptions of foreign companies—as well as the concerns others have raised—and the need for a level playing field. I thank the former Minister for his gracious acknowledgement that whatever the party political differences, we have a shared interest in getting the best possible legislation through this House. Scrutiny and engagement from Her Majesty’s Opposition are part of that process.

I thank my hon. Friend the Member for Dunfermline and West Fife for delivering a speech that had great depth and was very probing of all parts of the Bill. He has been assiduous in his preparation, and I hope he will want to serve on the Committee. He also asked legitimate questions about the Department’s finances and the need to avoid a revolving-door culture. Again, that is something on which we might want to seek reassurances in Committee.

The jury is still very much out on whether the GoCo approach in part 1 of the Bill is a panacea. The points made by many right hon. and hon. Members bear out some of those anxieties. It is vital that the Committee set up to scrutinise the Bill does so with great care and attention to detail, because the devil is always in the detail and this is a very techie—if I may use that term —piece of legislation. It is in no one’s interest—that of the Government, the Opposition, business or the work force—for us to rush the Bill through or simply assume that it must be better than the status quo or DE&S-plus.

We are still not clear about the view of our key allies and partners, especially the USA, towards these proposals. On the other side of the channel, too, the French are looking at them with interest—and, I suspect, with some concern. Indeed, the impact assessment highlights the fact that one of the key risks associated with the Bill is that our international partners might not fully accept the proposals. The MOD itself has acknowledged that although the Minister has received assurances from the Americans, rumours still abound, so they will need to be put down firmly in Committee with some evidence to back up the assertions made. As we know, the Americans have set up a taskforce to follow the UK’s proposals.

My hon. Friends and I will want to be convinced—I am sure that the Treasury will need convincing, too—that this is the best option. We will also need convincing—in the light of major concerns about outsourcing, particularly to G4S, and the history of failures that we have seen—that this model is significantly different, that the safeguards in place are robust and that the taxpayer will not be at risk of having to pick up the pieces. We all witnessed armed service personnel stepping up to the plate when G4S failed in its Olympic delivery. Now we have further horror stories to add, so what protections will there be to ensure that it does not happen again?

Members in the other place will look carefully at the way in which the discussion moves through Committee and, given the wealth of expertise—former permanent secretaries, former Secretaries of State for Defence and former heads of the armed services—I have no doubt that the Bill will be given an extremely thorough and testing passage.

We broadly support the proposals to create an SSRO and, specifically, to replace the yellow book, designed to bring rigour to the process and to drive cost savings. However, we will want to probe a number of issues, including the level of power that the Secretary of State will hold over this “independent” body. My hon. Friend the Member for Hartlepool voiced concerns about specific clauses and exports in this regard.

Part 3 is, of course, about our reserve forces, and many Members have spoken to the four relevant clauses. We support an enhanced role for the reserves, which have historically made a significant contribution to the armed forces and UK security. Tragically, some have paid the ultimate sacrifice. Our thoughts are with the family and friends of the two young men who lost their lives this week. I would like to endorse the comments of the hon. Member for Portsmouth North (Penny Mordaunt), who spoke with such good sense about the need to avoid speculation about what happened in the Brecon Beacons and made thoughtful comments about how to expand our reserve force.

We are concerned that the reserves are being used to regain capabilities lost through the cuts made to our regular forces, which have gone above and beyond those outlined in the strategic defence and security review. We are concerned that the cart has been put before the horse, and we are concerned, too, about recruitment and retention levels and whether we can reach the level cited by the Government. I thank my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty) for bringing to this debate his relatively recent but clearly quite deep expertise on the issue of reservists.

We have concerns about whether employment patterns will be compatible enough to allow for prolonged deployment, which could become more frequent under these reforms. That is of particular concern to SMEs’ employees, as my right hon. Friend the Member for East Renfrewshire made clear in his opening speech.

In winding up, I would like to thank right hon. and hon. Members who have contributed to what has been a thorough and thoughtful debate. I hope some of them will volunteer for the Public Bill Committee. In closing, I say simply that we Opposition Members do understand the rationale for all the changes in Bill, but we will need to be satisfied that there are no unanticipated consequences and that, ultimately, the defence of our realm, the industry and people who support it will be at no additional risk in the long term because of a failure fully and openly to scrutinise the measures that are being brought forward.

18:30
Philip Dunne Portrait The Parliamentary Under-Secretary of State for Defence (Mr Philip Dunne)
- Hansard - - - Excerpts

Let me start by adding my sympathies to those expressed to the families of the two reservists who have died so tragically on the Brecon Beacons during this hot weather. I also join the hon. Member for Merthyr Tydfil and Rhymney (Mr Havard) in paying tribute to the volunteer mountain rescue teams who were so helpful in that rescue effort.

I am pleased to be able to follow the hon. Member for Plymouth, Moor View (Alison Seabeck) and to welcome the tone that she and the shadow Secretary of State, the right hon. Member for East Renfrewshire (Mr Murphy), adopted in their speeches. Frankly, that tone has been adopted in virtually every speech. It is interesting that in a debate on a subject that the hon. Lady describes as technical but others might describe as dry, Members on both sides of the House—my predecessor, my hon. Friend the Member for Mid Worcestershire (Peter Luff), who showed an intimate knowledge of the subject, Members who serve on the Defence Committee, those who serve gallantly in the reserve forces, and my hon. Friend the Member for Canterbury (Mr Brazier), who undertook the reserves commission work earlier this year—have demonstrated a great deal of expertise. I am sure that many of them will be looking forward to serving on the Public Bill Committee for a number of weeks in the autumn. The debate has been a good start to the House’s scrutiny of the Bill and I hope that we can look forward to its continuing in the same tone.

It is clear that the objective of the Bill is shared across the House: we need to provide our armed forces with the support they need and to take appropriate measures to ensure that the reserve forces can be used as part of the integrated Future Force structure, with individual reservists appropriately protected in their role and their employers better rewarded for the contribution they make in supporting the reserve forces. Many points of detail have been raised in the debate and I shall try to cover some of them, but I am sure that those which I fail to cover in my summing up will be picked up in Committee.

It is encouraging that we have developed a clear sense of consensus across the House and I want to assist in that process in Committee. I shall ensure that draft regulations under part 2 are available when the Committee undertakes its detailed scrutiny, as the single source provisions are some of the most complex. By the time the Bill is scrutinised in the other place, we will have draft regulations available for part 3.

The measures set out in the Bill represent a real change to how the Ministry of Defence will conduct its business in future. They will allow us fundamentally to reform Defence Equipment and Support and to strengthen the regime governing single-source procurement. That will help to ensure that equipment and capabilities are delivered on time, on budget and to the right specification. The Bill will also enable us to make the best use of and offer the best support to our reserve forces and their employers. The sooner we make these changes, the sooner the benefits to both the armed forces and the taxpayer will become reality.

The Bill covers three main areas, including two aspects of procurement—DE&S and single source—and the reserves. Let me pick up on some of the comments by reviewing the contributions of hon. Members before I conclude my speech.

The shadow Secretary of State made a broadly welcome series of comments about the Bill and asked a couple of specific questions that I think I can address now. One was about the FSB survey and whether small employers were critical of our proposals for the reserves. Of course, the survey of FSB members was undertaken in advance of the publication of the White Paper. Since then, as my hon. Friend the Member for Canterbury and the Chairman of the Select Committee, my right hon. Friend the Member for North East Hampshire (Mr Arbuthnot) mentioned, the FSB has endorsed many of the points we have made, which is clearly helpful.

The right hon. Member for East Renfrewshire also asked whether we would introduce employment protections for staff. The staff in the DE&S who will transfer into a GoCo, if we go down that route, will fall under the TUPE regulations, which would all apply. There would be no special risk to those individuals. I shall come on to some of the other employment points shortly.

The right hon. Gentleman asked whether the Bill would require additional costs for funding of the reserves. We have set aside £1.8 billion for that purpose, which includes the cost of payments to small and medium-sized enterprises, and there will be no net additional costs. Incidentally, we have defined SMEs as businesses employing a maximum of 250 staff with a turnover of £25 million or less. There are a number of possible definitions.

My right hon. Friend the Member for North East Hampshire posed some specific challenges. He suggested that there had been a slippage in the timetable for the commercial contracting. I can confirm that we expect the invitation to negotiate to be dispatched later this month. We are merely waiting for cross-Government final approvals, which we expect to receive this month. There should therefore be no slippage in our programme, and, as my right hon. Friend the Secretary of State said in his opening speech, we expect conclusions to be reached next year.

My right hon. Friend asked which domain would go first. In the White Paper, we predicted a phased approach. The identity of the domain to go first will be disclosed in the ITN, which will be made public. He also asked whether we would make public some of the internal documentation that we have used when considering the various options. We intend to publish the business case for the initial gate review which was undertaken earlier in the year.

My right hon. Friend asked why we needed a statutory procedure for the single-source arrangements. The existing arrangements, which are voluntary, have been in place for 45 years, and do not work. We have concluded that, as Lord Currie recommended, they should be given the force of statute to ensure that the contractors honour the undertakings given under the single-source arrangements. The system will be policed independently by the new single source regulations office, whose staff will be selected by an appointments committee and whose chairman and chief executive will be recommended by the Secretary of State. It will subsequently appoint its own staff, and will be funded jointly by the MOD and the companies themselves. My right hon. Friend asked whether the single-source arrangements would apply to foreign military sales to the United States. They will not, but we expect the vast majority of single-source contracts to be covered by the new regimes.

My right hon. Friend and others asked a number of questions about intellectual property protection. The Bill contains a number of safeguards to cover both the intellectual property owned by the companies and the international property rights that protect state secrets and sovereign data. We are confident that, in the event of a GoCo operation, sensitive information will not be passed up to parent companies through the corporate veil, regardless of whether those companies are owned by the United Kingdom.

The Bill controls the handling of confidential information supplied to the MOD by contractors under previous and existing contracts. Those will be passed to the GoCo so that it can carry out its tasks. Schedule 2 makes detailed provisions relating to unauthorised disclosures and unauthorised use of the information by the GoCo. The contract will also include a comprehensive suite of provisions to protect the MOD’s own confidential information, including new confidential and security-classified information, which is generated as a consequence of procurement activities. The provisions specifically include restrictions on the passing of information to parent companies. Other provisions will prohibit the transmission of sensitive information to foreign nationals, or to individuals who do not have the correct security clearances and the need to know.

The contract will also include requirements for employees to meet nationality restrictions—for example where access to information is restricted to UK eyes only—as they are at present for a number of contracts within DE&S. Only potentially contracting entities will have to satisfy us that they can meet all these requirements and manage these restrictions. It should also be noted that the Official Secrets Act will also apply where appropriate to those staff in the GoCo, who will also be subject to confidentiality clauses in their own contracts as now. Given all these safeguards, I am confident that sensitive information within the GoCo will remain within the GoCo and we will be able to address concerns hon. Members have raised in that regard.

We have also been asked by a number of Members about the impact of foreign shareholders in a GoCo entity. Clearly the national security interests of the country are the primary responsibility of Government and we will make sure they are protected. If we have concerns in that area, that will be a reason not to select a GoCo route. Given the scale of activity it is likely that the winner of a competition for a GoCo will be a consortium. It is highly likely that members of the consortium will include US companies who have made approaches to us thus far, and we will ensure that a future GoCo is suitably constructed in order to protect UK interests. The contracting entity will be UK-domiciled and UK-registered and we have specified that the overwhelming majority of the contracts shall be performed in the UK, where the company will, of course, pay tax, as the Secretary of State has said.

That addresses issues raised by my right hon. Friend the Member for North East Hampshire. Other Members have raised concerns about the risk of transferring activities of the GoCo into the private sector and whether that would impose undue risk on the contractor. The hon. Member for Merthyr Tydfil and Rhymney (Mr Havard) asked about this. A GoCo contractor would act as agent of the MOD so the principal risk would reside primarily with the MOD. The risk that would transfer would be risk of non-delivery, which would form part of the performance fee of the contractor operating the GoCo. That element would be at risk, but the principal risk for fulfilling contracts would reside with the Secretary of State.

My hon. Friend the Member for Canterbury raised a number of points in relation to reserves provisions. Many of these matters are not properly part of the Bill. I am sure he will seek to press some of these points in Committee, however, and I will be happy to discuss them with him if and when we get there. On his point about whether there should be officers dedicated to reserves and whether they should hold senior posts, the intention is for the reserves to be more closely integrated within the regular forces, as he identified. We are looking at a whole-force concept and command structure. I will be happy to talk to him further about those points in Committee.

The hon. Member for Hartlepool (Mr Wright) raised some questions about the potential challenges of a nine-year contract for a GoCo and about whether that might be too short. We envisage that there will be pricing points within that period. We wish to maintain a competitive tension during the course of that contract, and at the end of the contract a successful bidder would be in prime position to renew their contract but we would retender it.

The hon. Gentleman and several other Members raised a number of points regarding MOD policy, such as how we will ensure that exports remain encouraged. That will be a matter for MOD policy-setters. The GoCo entity will implement policy introduced by the MOD. We are in the process of introducing exportability as part of our contracting arrangements for existing contracts, and we envisage that would continue.

I have already paid tribute to my hon. Friend the Member for Mid Worcestershire as one of the authors of the measures in this Bill. He gave a very good example in relation to exports of the reciprocity that we are seeing from countries such as South Korea. I will be in Korea next week visiting some of the companies that he knows from the work that he did, and seeking to identify further examples of reciprocity affecting British job prospects. My hon. Friend also asked about the speed of our work. I think that I have already addressed that point in response to my right hon. Friend the Member for North East Hampshire.

The hon. Member for Dunfermline and East Fife (Thomas Docherty) touched on—

Philip Dunne Portrait Mr Dunne
- Hansard - - - Excerpts

West Fife—my apologies. The hon. Gentleman touched on the need to maintain research and development and asked how that would work in the GoCo structure. He mentioned the figure of 1.2%. It is a policy commitment of the MOD to spend that percentage of our budget on science and technology. Our research and development budget is somewhat larger than that, however. In fact, we are spending approximately £1 billion on research and development within our programmes in addition to the science and technology budget. It will be an important part of the policy setting, should a GoCo be the successful outcome, that we should to continue to direct the science and technology spend and the research and development spend, as we would for any normal procurement.

I need to bring my remarks to a conclusion. I want to thank all the Members who have contributed to the debate for the quality of their contributions and the penetrating issues that they have raised. I am looking forward to working with them in Committee. There is clearly widespread support for the need to reform the way in which we procure defence equipment, and a real commitment to ensuring that we get these reforms right.

The Defence Reform Bill provides the legislation that we need to make far-reaching changes to the way in which we procure our defence capabilities. The changes will not only improve the support we give to our armed forces but make specific improvements for reservists and for their employers, who are an integral partner in enabling the reserve forces to function. The measures will also ensure that the taxpayer gets value for money. We must not miss this opportunity to make essential changes to the way in which we manage and deliver defence. I therefore commend the Bill to the House.

Question put and agreed to.

Bill accordingly read a Second time.



defence reform Bill (programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Defence Reform Bill:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 24 October 2013.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

(4) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.

Other Proceedings

(7) Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.—(Mr Dunne.)

Question agreed to.

Defence reform Bill (Money)

Queen’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Defence Reform Bill, it is expedient to authorise the payment out of money provided by Parliament of:

(1) any expenditure of the Secretary of State required by the Act to be paid out of money provided by Parliament;

(2) any expenditure incurred under or by virtue of the Act by the Secretary of State; and

(3) any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Anne Milton.)

Question agreed to.

Tougher legislation on dangerous dogs

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
Read Full debate Read Hansard Text
Gordon Marsden Portrait Mr Gordon Marsden (Blackpool South) (Lab)
- Hansard - - Excerpts

It is a great pleasure to associate myself with the campaign of my hon. Friend the Member for Bolton West (Julie Hilling). I am presenting a petition on behalf of the residents of Blackpool South in identical terms to that presented by my hon. Friend.

The petition states:

The Petition of residents of Blackpool South,

Declares that seven children and two adults have been killed by dogs since 2006, and that 6,000 admissions to hospital are caused by dog attacks each year leaving many victims scarred for life; notes that the introduction of Dog Control Notices is supported by many organisations including the Kennel Club, the Dogs Trust, RSPCA, Royal College of Nursing, British Veterinary Association and the Communication Workers Union; and believes that the Government’s current proposals on dangerous dogs do not go far enough.

The Petitioners therefore request that the House of Commons urges the Government to amend the law to cover attacks on people and animals on both private and public property, to enforce Dog Control Orders, to introduce Dog Control Notices giving the authorities the power to intervene, to introduce the compulsory micro-chipping of all dogs and to promote responsible dog ownership, including training owners and dogs.

And the Petitioners remain, etc.

[P001208]

European Union (Referendum) Bill (Money)

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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Queen’s recommendation signified.
18:47
David Lidington Portrait The Minister for Europe (Mr David Lidington)
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I beg to move,

That, for the purposes of any Act resulting from the European Union (Referendum) Bill, it is expedient to authorise the payment out of money provided by Parliament of:

(1) any expenditure of the Secretary of State in consequence of the Act, and

(2) any increase attributable to the Act in the sums payable under any other Act out of money so provided.

It is standard Government procedure to introduce a money resolution for any private Member’s Bill to which the House has given a Second Reading to enable the Bill to be fully debated in Committee. It is inevitable that costs would be incurred in holding a referendum on the UK’s membership of the European Union, and a money resolution is required to enable those costs to be paid.

Under the Political Parties, Elections and Referendums Act 2000, the chair of the Electoral Commission is the chief counting officer, responsible for the conduct of referendums. So far, no detailed estimate has been made of the cost of this national referendum. We do, however, have the precedent of the referendum on the parliamentary voting system in May 2011. We would expect the cost of running a UK-wide referendum to be similar to the cost of that referendum on the alternative vote system, which was just over £75.3 million. Of course, that would depend in part on whether a referendum on EU membership were held alongside local or other elections, as the alternative vote referendum was. I commend the motion to the House.

00:00
Emma Reynolds Portrait Emma Reynolds (Wolverhampton North East) (Lab)
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As my right hon. Friend the shadow Foreign Secretary said on Second Reading, any decisions about the European Union and about an in/out referendum should be taken in the national interest, and the Opposition do not believe that such a referendum in 2017, as proposed in the Bill, is in the national interest. The Prime Minister, in January, chose an arbitrary date in order to keep his Back Benchers on side. The Bill also sets out the 2017 date, which does not reflect any realistic timetable of treaty change, given that the French and Dutch Governments, and many others, including even the German Government, have now gone cool on the idea. The Bill sets an arbitrary date that does not represent a clear negotiating strategy, and I fear it has been motivated by a desire to paper over the deep divisions in the Conservative party on whether the UK should remain a member of the European Union. It seems that the Bill has been introduced because Conservative Back Benchers, such as the hon. Member for Stockton South (James Wharton), simply do not trust their own party leader and Prime Minister to deliver on his January speech.

Although the Opposition will not oppose the money resolution attached to the Bill, the Government still need to answer serious and significant questions about the expenditure implications of the Bill. The shadow Europe Minister—[Interruption.] Sorry, the Minister for Europe—

Emma Reynolds Portrait Emma Reynolds
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Soon to be shadow, I hope.

The Minister for Europe said that he could not give a number for, or approximate cost of, the expenditure needed for a referendum. He has, however, some questions to answer on whether particular groups will be included in this specific referendum. Will the good people of Gibraltar, who have a right to vote in European parliamentary elections, be included in this franchise? Will British people living abroad have the right to vote? Will 16 and 17-year-olds have the right to vote in this referendum, as they will have in next year’s Scottish referendum? Finally, and importantly, will British service personnel serving abroad have the right to vote in the referendum foreseen by this Bill? I fear that the Government have not answered any of those questions today.

18:52
Lord Wharton of Yarm Portrait James Wharton (Stockton South) (Con)
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I shall be brief, Mr Speaker. First, I wish to put on the record my thanks to the Committee of Selection, which has pulled together the Committee that will now consider this Bill as it goes forward, following this evening’s resolution. I also wish to put on record my thanks to the House and the Government for following the convention that a private Member’s Bill that secures its Second Reading will secure its money resolution and be able to be taken forward.

I very much look forward to going through many of these issues in detail with the hon. Member for Wolverhampton North East (Emma Reynolds). I hope that we can do that in the spirit of finding mutual ground, co-operation and agreement on an extremely important issue, rather than trying to make it a difficult and arduous process for all involved. I am sure that that will be the case. I am grateful to all hon. Members for the support I believe they will give this resolution, and I look forward, in due course, to bringing the Bill back on Report.

18:53
Mike Gapes Portrait Mike Gapes (Ilford South) (Lab/Co-op)
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I wish to speak on the money resolution. This is not the speech that I was not called to give in the debate on 5 July, nor is it the single transferable speech I would have given, had I been chosen to be a member of the Committee, on various amendments that I have tabled. I cannot understand why I was not chosen, given that I am so keen to debate these issues. Perhaps it is because there is a view out there—I had an e-mail this afternoon claiming this—that I am trying to wreck the Bill. I am not trying to do that, and I wish to focus these remarks on some of its expenditure implications.

The Minister talked about the Political Parties, Elections and Referendums Act 2000. However, the Bill makes no reference to that Act, so we must consider the nature of the question that would be put in a referendum. The original draft Bill, which was published by the Conservative party on 14 May, proposed the question:

“Do you think that the United Kingdom should remain a member of the European Union?”

However, the European Union (Referendum) Bill sets out a different question:

“Do you think that the United Kingdom should be a member of the European Union?”

The Daily Mail suggested that Eurosceptic Conservative Members were unhappy about the original wording and that it had been changed because

“anti-Brussels MPs privately protested that the word ‘remain’ would prompt voters to stay in”.

As the Bill proceeds through Committee, I hope that that change will be explored further.

My hon. Friend the shadow Minister referred to the timing of the proposed referendum. The date that is chosen will have implications for the referendum. As the Minister said, if a referendum were held on the same day as local or European Parliament elections, the costs could be minimised and turnout would probably be significantly higher. Perhaps we should consider whether we should have a threshold for turnout, as was the case for the Scottish referendum in the 1970s, but that is not a matter for today.

If we were to hold the referendum on the same day as next year’s European Parliament elections—22 May 2014—expenditure on the referendum and its associated literature would be greatly reduced. Those arguing for leaving the European Union could then presumably vote for the UK Independence party, or perhaps the Conservatives, while voting to leave in the referendum. The cost of the literature put out by the respective parties would then be considerably smaller, although I am not entirely sure what the Conservative party’s literature would say about such a referendum.

The referendum could be held on the same day as the next general election, which will take place on the first Thursday in May 2015. Such an approach would similarly minimise the cost, as well as giving at least one of the coalition parties, or perhaps both, more time to clarify their attitude to the in-or-out question on the European Union.

There are implications of holding the referendum after the 2015 general election, given the rule that a Parliament cannot bind its successor. We are presumably being asked to vote for the money resolution on the basis that a commitment is being made for the future, but it might not be carried through if a different Government are elected at the next general election and they want to take a different approach.

If we are to hold the referendum by 31 December 2017, as is proposed, there might be implications for the British presidency of the European Union, which is due to begin on 1 July 2017. We could hold the referendum on the same day that the United Kingdom takes over the presidency, which might minimise costs because the literature published about the programme for the British presidency could refer to the referendum. If we held the referendum later that year—during the British presidency —it would help to publicise the various events that would be held to celebrate Britain’s contribution to the European Union, so I would look forward to that. The Bill does not deal with those options, but I hope that they will be explored in Committee.

We could minimise costs, and give the Conservative part of the Government more time to renegotiate the special arrangements that they wish to put in place, by holding a referendum on the same day as the 2020 general election. Based on the same arguments as I used before about the 2015 election, that too would be a way to minimise the cost that would be incurred.

The Prime Minister has said that he wants to reduce the cost of politics. It seems a strange way to go about reducing the cost of politics to bring in a referendum which, as the Minister said, will cost millions of pounds, and at the same time try to reduce the number of Members of the House of Commons, but increase the number of Members in the other place.

00:00
The debate stood adjourned (Standing Order No.9(3)).
Motion made, and Question put forthwith (Standing Order No. 41A(3)),
That, at this day’s sitting, Standing Order No. 41A (Deferred divisions) shall not apply to the Motion in the name of Greg Clark relating to the European Union (Referendum) Bill: Money Resolution.—(Anne Milton.)
Question agreed to.
Debate resumed.
Main Question again proposed.
Mike Gapes Portrait Mike Gapes
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I do not wish to detain the House too long because I wish to celebrate later the passing of the equal marriage Bill. I hope that along with all my colleagues on the Opposition Benches and many on the Government Benches—or most of those on the Opposition Benches and some on the Government Benches—we will be able to celebrate the equal marriage Bill. Therefore it is not my intention to divide the House this evening.

Gerald Howarth Portrait Sir Gerald Howarth (Aldershot) (Con)
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May I correct the hon. Gentleman? It is not an equal marriage Bill because it does not provide for non-consummation or adultery. Therefore it cannot be described as equal marriage.

Mike Gapes Portrait Mike Gapes
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I suspect, Mr Speaker, that you would not wish me to get into the next debate so I shall not be tempted to go down that route. [Interruption.] But we could, of course, discuss wider issues—the Secretary of State for Work and Pensions is shouting at me from a sedentary position, but I will not be tempted. I remember our exchanges over the Maastricht treaty in the early 1990s and I would much rather debate the referendum with him now.

These are important issues. The Bill needs proper scrutiny. It therefore needs to be considered carefully in Committee, and when it comes out of Committee—whenever that is—in several months, it will need to be properly considered in the House on Report and before it gets, or if it gets, a Third Reading. There are too many important questions to be considered for it to be assumed that the Bill should be pushed through without proper scrutiny and debate. The future of our country in Europe is at stake. Therefore the House and the country expect nothing less than the proper parliamentary scrutiny appropriate for a parliamentary democracy, not a democracy that is undermined by what a former Labour Prime Minister called a device of demagogues and dictators, which was quoted favourably by Margaret Thatcher when she was Leader of the Opposition in the debate in 1975. In that debate she said, and I conclude on this—[Interruption.] I know that Conservative Members were frustrated when they were unable to get their Margaret Thatcher day. At least I will quote Margaret Thatcher—

Mike Gapes Portrait Mike Gapes
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Yes, I will, before I quote her.

Tim Loughton Portrait Tim Loughton
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I have been listening carefully to the hon. Gentleman. He might like to take the opportunity, before he ends, to mention the money resolution which is supposed to be the subject of this debate. So far he has not done so.

John Bercow Portrait Mr Speaker
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It is not necessary to repeat the refrain “money resolution” so long as the content of the remarks of an hon. Member relates clearly to the purpose of the resolution. I have been attending closely to the hon. Gentleman’s expatiations and so far he has met the criterion. I do not want him to depart from the path of virtue as he nears his end.

Mike Gapes Portrait Mike Gapes
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I would never intend to depart from the path of virtue, Mr Speaker.

Mrs Thatcher said that the 1975 referendum had been introduced as

“a tactical device to get over a split in their own party.”—[Official Report, 11 March 1975; Vol. 888, c. 306.]

Those are the words she used to describe the policy put forward by the then Labour Government, and I believe that they are completely appropriate to describe the policy now being put forward by the split part of this split Government—the Conservative part of the coalition.

Martin Horwood Portrait Martin Horwood (Cheltenham) (LD)
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I am in broad sympathy with the hon. Gentleman’s remarks, but since he is now repeating things I said on Second Reading, I wonder, given the historic vote on equal marriage that we are waiting to cast, whether it would not be better to stop banging on about Europe just for a bit.

Mike Gapes Portrait Mike Gapes
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Yes, of course. Had I not taken the previous two interventions, I would have finished by now. I was just about the give the House the benefits of Margaret Thatcher’s words of wisdom in 1975, but I was faced with two interventions, and now I have taken three. I am happy to conclude my remarks and hope to return to these issues later in the year if the Bill reaches consideration on Report.

19:05
Kevan Jones Portrait Mr Kevan Jones (North Durham) (Lab)
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I do not intend to detain the House for long, because I accept that there is an important piece of legislation to consider after this, but it is important to highlight the fact that the British taxpayer will be faced with a bill of £75 million, as the Minister said, for what is basically an internal debate within the Conservative party. I wanted to intervene on the hon. Member for Stockton South (James Wharton) earlier, because I would like to know what he would do if he were given £75 million to spend in his constituency. I am sure that there are many projects there that have been cut by the Government and that could more justifiably be argued for than the proposed referendum.

The Minister said that the referendum would cost £75 million, provided that the Bill was used in relation to the voting system, but it could cost a lot more, as my hon. Friend the Member for Ilford South (Mike Gapes) has already demonstrated. If we include Gibraltar, and I can see no reason why we should not—I do not know what the hon. Member for Stockton South has against it—because it votes in European referendums, that would add to the cost. We also should not forget the overseas territories, which have the access rights that others have in the EU. Why should they not be consulted on their future status? I argue that they should, but again that would add to the costs.

Another debate, which I know is taking place in Scotland, is whether 16 and 17-year-olds should be able to vote. If they are, that would add more costs. Another issue that my hon. Friend the Member for Ilford South referred to is the fact that in 1975 the Government provided money to the yes and no campaigns. Is it proposed that Government money will be given to the yes and no campaigns for this referendum? If it is, that will mean the cost will be more than £75 million. We can clearly see that, in addition to his point about whether the referendum will be on the same day as other elections, that will lead to a great deal more than £75 million.

The important point for the hon. Member for Stockton South is this: can he really say to his constituents—I know Stockton South very well, as he knows—that in excess of £100 million of Government money should be spent on this referendum, and all to solve an internal debate in the Tory party, rather than our relationship with Europe? Can he or any other Member who supports the referendum really justify spending more than £100 million on it? I know what I would do with the money in my constituency: I would replace the money that has been taken out of the Building Schools for the Future programme. Once we explain to people that the Bill will use well in excess of £100 million, I am sure that most of them would agree that it could be spent a hell of a lot better.

Emma Reynolds Portrait Emma Reynolds
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Does my hon. Friend find it surprising, given that the hon. Member for Stockton South (James Wharton) said the day before his name was drawn at the top of the ballot that there were issues much more pressing than an EU referendum, such as the economy and jobs, that he suddenly changed his mind 24 hours later?

Kevan Jones Portrait Mr Jones
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The hon. Member for Stockton South has a small majority, so he might be promoting this Bill to endear himself to the selection panels of future safe Tory seats, rather than to the electors of Stockton South who, as my hon. Friend is right to say, would have many more priorities for spending in excess of £100 million.

Will a referendum solve the problem? No, it will not and some hon. Members try to paper over the real issues that will face the Prime Minister. The Prime Minister, quite rightly, has argued in favour of membership of the EU, but the big question for him is which way he will vote—yes or no. Will he support state funding for this referendum? We will then see cracks opening up in the Conservative party between those who are pragmatists in Europe and those who represent the more extreme section of his party. That is the question that will face the Prime Minister, and it will not change between now and 2017.

A lot of questions will obviously—and rightly—be explored in Committee, but as the Minister for Europe said, the Bill has passed Second Reading and private Member’s Bill money resolutions are usually supported. There is nothing wrong with agreeing to such a process, but I conclude with a question. The cost will be in excess of £100 million. I know that many of my constituents, and those of other hon. Members, will ask how we could spend £100 million in a better way. There are many ways better than wasting it on this Bill which, as I have said, is about the internal politics of the Conservative party, rather than what is in Britain’s best interest.

Question put and agreed to.



Marriage (Same sex couples) bill: programme (no. 3)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Marriage (Same Sex Couples) Bill for the purpose of supplementing the Orders of 5 February 2013 (Marriage (Same Sex Couples) Bill (Programme)) and 20 May 2013 (Marriage (Same Sex Couples) Bill (Programme) (No. 2)):

Consideration of Lords Amendments

1. Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion two hours after their commencement at today’s sitting.

Subsequent stages

2. Any further Message from the Lords may be considered forthwith without any Question being put.

3. The proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.—(Mr Robert Syms.)

Question agreed to.

Marriage (Same Sex Couples) Bill

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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Consideration of Lords amendments
John Bercow Portrait Mr Speaker
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I draw the House’s attention to the fact that financial privilege is involved in Lords amendments 10, 11, 15, 16, 26, 27, 34, 54 and 55. If the House agrees to any of these amendments, I will cause an appropriate entry to be made in the Journal.

Clause 2

Marriage according to religious rites: no compulsion to solemnize etc

19:12
Maria Miller Portrait The Minister for Women and Equalities (Maria Miller)
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I beg to move, That this House agrees with Lords amendment 1.

John Bercow Portrait Mr Speaker
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With this it will be convenient to consider Lords amendments 2, 3 10, 11, 15, 16, 26, 27, 34, 41 to 44, and 51 to 55.

Maria Miller Portrait Maria Miller
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The title of this Bill might be “Marriage”, but its fabric is about freedom and respect: freedom to marry regardless of sexuality or gender, but also freedom to believe that marriage should be of one man with one woman and not be marginalised. It provides clear affirmation that as a nation, respect for each and every person is paramount, regardless of age, religion, gender, ethnicity or sexuality.

Throughout this Bill we have listened closely to the issues raised with us, and I particularly thank the Minister of State, Department for Culture, Media and Sport, my right hon. Friend the Member for Faversham and Mid Kent (Hugh Robertson), and the Under-Secretary of State for Women and Equalities, my hon. Friend the Member for Maidstone and The Weald (Mrs Grant), for the impressive way that they handled this Bill in Committee. The issues raised in Committee have been looked at thoroughly, and these further amendments will improve the Bill and strengthen its effectiveness. I also thank the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) and the hon. Member for Stretford and Urmston (Kate Green) for their constructive and considerate contributions.

Lords amendments 1 and 2 clarify the meaning of “compelled” in clause 2, which provides important protections to ensure that religious organisations and their representatives cannot be compelled to opt in to, or conduct marriages between same-sex couples.

Gerald Howarth Portrait Sir Gerald Howarth (Aldershot) (Con)
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Will my right hon. Friend give way?

Maria Miller Portrait Maria Miller
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If my hon. Friend will give me a moment to make a little more progress, then of course I will give way.

The amendments were tabled in response to questions asked in this House by my hon. Friend the Member for Enfield, Southgate (Mr Burrowes) and those in the other place who were concerned that the protection from compulsion set out in clause 2 might be too narrow because the meaning of “compulsion” was not clear. We concluded that we could clarify the meaning of the word “compelled” in this context and make sure that in doing so we were not doing harm elsewhere. The sensible clarification that “compelled” means “compelled by any means” put the question beyond doubt, and it was warmly welcomed in the other place.

19:15
Gerald Howarth Portrait Sir Gerald Howarth
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I am most grateful to the Minister for giving way. Perhaps she might add to her list of tributes my hon. Friends the Members for East Worthing and Shoreham (Tim Loughton) and for Enfield, Southgate (Mr Burrowes) and the hon. Member for Strangford (Jim Shannon) so that it does not just include Opposition Members who support her Bill but colleagues who have done considerable work in scrutinising it.

Maria Miller Portrait Maria Miller
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I thank my hon. Friend for making sure that we pay tribute to those on both sides of the debate, whether it be my hon. Friend the Member for Enfield, Southgate or my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton). They have all played their part in making sure that we will have a strong piece of legislation that protects people who have deeply held religious beliefs and those who believe that it is absolutely right and fair that marriage should be open to same-sex couples.

The guiding principle of this Bill, from the start, has been the protection and promotion of religious freedoms, so we have made a number of other amendments to ensure that the religious protections that it contains are as strong, clear and effective as they can be. They include amendment 3 on the Jewish governing authorities, amendments 38, 39, 40, 48, 49 and 52 on void marriages, and amendment 51 on a change of personnel within a governing authority.

Some people are concerned about the effect of the Bill on the broader issue of freedom to express the belief that marriage should be only between a man and a woman—in particular, in relation to employment and schools. We want to ensure that that freedom of expression is protected, as, I am sure, would my hon. Friend the Member for Aldershot (Sir Gerald Howarth). That has guided our thinking throughout the passage of the Bill. We have listened to these arguments and acted. Our amendment to the Public Order Act 1986, amendment 53, puts it beyond doubt that the discussion or criticism of marriage regarding the sex of the parties to it shall not be taken, of itself, to be threatening or intended to stir up hatred on the grounds of sexual orientation. The belief that marriage should be of one man with one woman is, of course, mainstream, legitimate and lawful, and it is explicitly recognised as such by the religious protections contained in the Bill. Whatever one’s view about the marriage of same-sex couples, it is legitimate and the Government will protect the right to express it. I hope that that provides the reassurance that several right hon. and hon. Members on both sides of the House have been looking for.

Extending marriage to same-sex couples changes nothing in respect of freedom of speech. That is why, in relation to other questions about the operation of the Equality Act 2010, particularly on the position of employees and teachers, we are clear that further changes to the law are not necessary and could indeed be harmful in casting doubt where none currently exists. For this reason, we believe that the best way to deliver clarity is through guidance to deal with the particular concerns that have been expressed, not by making specific provision in the law. We will therefore work with the Equality and Human Rights Commission to ensure that guidance will be available on how the Equality Act should be interpreted in the light of this Bill.

I am aware that there is considerable anxiety on the issue of teachers. I would like further to reassure hon. Members that, in the unlikely event that unforeseen consequences materialised, the Bill already contains ample powers to take action, particularly in paragraph 27 of schedule 4. These powers make it possible to disapply or modify, should circumstances require it, the default approach provided in clause 11 and schedule 3 whereby marriage has the same effect in law for same-sex couples as for opposite-sex couples.

Lord Jackson of Peterborough Portrait Mr Stewart Jackson (Peterborough) (Con)
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On the Equality Act, will my right hon. Friend explain why it was not considered appropriate to make marriage between a man and a woman a protected characteristic?

Maria Miller Portrait Maria Miller
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I know that my hon. Friend raises that point for legitimate reasons: he wants to make sure that the House has clarification, and I respect that. I refer him back to the lengthy debate on this issue in Committee, where it was decided that further reassurance or clarification was not required and that, to avoid any scintilla of doubt, an amendment should be made to the Public Order Act to ensure that anyone who states that marriage is only between one man and one woman should not be taken as having criminal intent. We will achieve that through the Public Order Act, so we do not need to do so through the Equality Act.

Stephen Doughty Portrait Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
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I concur with the Minister on the Equality Act. Indeed, I referred to it a number of times in Committee and have done so in debates in the House. Is it not the case that the Equality Act balances protected characteristics, such as those of religious belief and sexuality?

Maria Miller Portrait Maria Miller
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The hon. Gentleman, who sat on the Committee, makes a strong point, but we have to recognise that people require reassurance. My hon. Friend the Member for Peterborough (Mr Jackson) has sought that reassurance and I hope he will join me in supporting the amendment to the Public Order Act so that there is absolute clarity for those who may remain concerned.

Angela Watkinson Portrait Dame Angela Watkinson (Hornchurch and Upminster) (Con)
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I thank my right hon. Friend for her detailed clarification on the issues of compulsion on the grounds of religion and with regard to teachers in particular, because they have formed the basis of most of the letters of objection that I have received from constituents. Now that those points have been clarified, people’s fears can be put to rest.

Angela Watkinson Portrait Dame Angela Watkinson
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We can now allow the Bill to progress and legislate on equal rights for gay people.

Maria Miller Portrait Maria Miller
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As always, my hon. Friend makes a powerful comment. I hope that she is right that this lays to rest those concerns. My hon. Friend the Member for Gainsborough (Sir Edward Leigh) said from a sedentary position that that was not the case, so perhaps I could give him an example of how we could use these provisions. Should problems arise in faith schools as a result of this Bill’s effect on section 304 of the Education Act 1996 or the guidance made under it, these provisions could be used to resolve them. I hope that that provides the further reassurance for which my hon. Friend the Member for Peterborough is looking.

David Burrowes Portrait Mr David Burrowes (Enfield, Southgate) (Con)
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I appreciate the assurances being given by my right hon. Friend. She promised that the Government would consider whether any amendments or guidance were needed, particularly in relation to education. I appreciate that the other place has considered the issue, but am I right to understand that the Minister is now giving an undertaking that if there are any practical concerns on the ground about teachers promoting or endorsing same-sex marriage, she will consider the evidence and would then be willing to use her order-making powers under clause 11 to ensure proper clarity?

Maria Miller Portrait Maria Miller
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I do not think that my hon. Friend heard me right. I said that there are provisions in the Bill and the decision about whether they should be used will be made as and when any problems arise. My hon. Friend is right that any issues that arise can be dealt with under clause 11 and schedule 3 in particular. I hope that that provides him and other hon. Members with the sort of reassurance for which they are looking. I think that many of us, if not everyone, in this House understand the critical role that faith schools play in all our communities and I am sure that we all want to do everything we can to ensure that there is clarity and certainty so that they can continue to teach according to their faiths and beliefs.

I think that this is an appropriate point to address amendments (a) and (b) that my hon. Friend the Member for Enfield, Southgate (Mr Burrowes) has tabled to Lords amendment—

John Bercow Portrait Mr Speaker
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I fear not, notwithstanding the good intentions of the Minister, on the grounds that those amendments are included in the second group. The Minister is ahead of herself. She should not be condemned for that, but I know that she would not wish to be disorderly. She may return to her previous position or stick to her last, if I may put it that way.

Maria Miller Portrait Maria Miller
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Thank you, Mr Speaker, for that guidance. As always, you are extremely helpful. I would never want to be ahead of myself, particularly not when discussing this Bill.

The powers in paragraph 27 of schedule 4 are very specific. They are safeguarding powers to prevent the Bill from having a greater effect than is intended. I hope that hon. Members are able to look at that—

John Bercow Portrait Mr Speaker
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I do not wish to be unhelpful to the Minister, rather the contrary, but my strong impression, and I have guidance to confirm it, is that, having chosen the material that is the subject of the grouping, she is moving beyond that grouping and encroaching on other territory, which, in a parliamentary sense—the only sense in which I would ever accuse the right hon. Lady of this—is disorderly. I would not want her to be guilty of disorderly conduct, but in a parliamentary sense she is. She has strayed into it and she needs to get back to the group to which she was talking. If she has completed her consideration of the group, there is no obligation on her to continue her speech.

Maria Miller Portrait Maria Miller
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Thank you for bringing me into order, Mr Speaker. I would like to move on to Lords amendments 41 to 44, because the Bill also introduces—[Interruption.]

John Bercow Portrait Mr Speaker
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Order. The Members who are chuntering from a sedentary position with evident disapproval should know that the Minister is absolutely in order. Amendments 41 to 44 are within the group and it is perfectly proper for the Minister to treat of them. I am not sure whether the heckling was calculated or ironic, but it was wrong.

Edward Leigh Portrait Sir Edward Leigh
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On a point of order, Mr Speaker. I would never seek to use irony against you, so do not worry.

John Bercow Portrait Mr Speaker
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I am not sure whether I am supposed to be comforted by that observation, but it is on the record.

Maria Miller Portrait Maria Miller
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I think that we should turn the House’s attention to amendments 41 to 44 before we become more sidetracked.

The Bill introduces an important advance for trans people who wish for their marriages to continue after seeking gender recognition. We have made a number of amendments to achieve that. First, Lords amendments 41 and 44 introduce a fast-track procedure for those who transitioned a long time ago, but who have not sought legal gender change, so that they can remain in their marriage. Secondly, Lords amendments 42 and 43 make it clear that the consent of a trans person’s spouse is simply consent to staying married after the trans person’s gender recognition; it is not consent to their gender recognition and is therefore not a veto to it.

There are two further issues on which the Government have recognised the strength of feeling here and in the other place, and on which we have undertaken to establish a proper evidence base. Lords amendments 10, 15, 26 and 54 provide for a statutory consultation on whether marriage law in England and Wales should be changed to enable belief organisations to conduct legally valid marriages. That was not part of the original policy intent of the Bill and careful consideration is required before any legislative action can be taken, including a full public consultation. It is entirely sensible that that should now be done.

Those amendments are the fruits of a great cross-party effort to achieve an agreed position and to provide a sensible and considered way forward. I would like to take this opportunity to thank my noble Friend, Baroness Stowell and the noble Lord Wallace of Tankerness for the careful and considered way in which they presented the Bill in the other place. By working with Opposition Front Benchers, we have achieved considerable progress in this area.

Gerald Howarth Portrait Sir Gerald Howarth
- Hansard - - - Excerpts

My right hon. Friend mentions Baroness Stowell, who said in another place that

“marriage does not require the fidelity of couples. It is open to each couple to decide for themselves on the importance of fidelity within their own relationship.”—[Official Report, House of Lords, 19 June 2013; Vol. 746, c. 379.]

I find it absolutely astonishing and unbelievable that a Conservative Government Minister should be uttering that. Does my right hon. Friend agree? Is that the Government’s view of marriage?

19:30
Maria Miller Portrait Maria Miller
- Hansard - - - Excerpts

My view of marriage is clearly that fidelity can be extremely important. This is something on which my hon. Friend and I would very much agree. It can be a commitment between two individuals on, one would hope, a lifelong basis. I think he and I would share the importance of fidelity in that relationship.

Another area of the Bill that has been considered in great detail is that of pensions. Amendment 11, with amendments 16, 27, 34 and 55, deals with survivor benefits under occupational pension schemes. During debate in this House and in the other place important questions were raised, particularly by my hon. Friend the Member for Finchley and Golders Green (Mike Freer), about the differences between opposite sex married couples and same-sex married couples with regard to these benefits. The House is fully aware that historically there are many pre-existing discrepancies within the pensions system. To equalise these benefits would come with a considerable price tag. Amendment 11 represents a sensible way forward and has cross-party acceptance. It commits the Government to arranging a review of differences and survivor benefits in occupational pension schemes, and includes an order-making power should one be needed.

Amendments 4 to 8, 12 to 14, 17 to 21, 23—

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Order. The Minister has strayed again into the second group. I think that she has in this regard been ill-served by people whose grasp of parliamentary procedure could perhaps do with a little brushing up.

Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
- Hansard - - - Excerpts

They are very good officials normally.

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

I note the sedentary observation from the hon. Member for Rhondda (Chris Bryant). The Minister should return to the first group, with which she was dealing. If she has dealt with that group to her satisfaction, we can always await with interest and anticipation her remarks on the second group, but only when we reach it.

Yvette Cooper Portrait Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
- Hansard - - - Excerpts

I am pleased to welcome the Bill back to the House, and not only because the Chamber is the only cool place in the building and it is some relief to be in here.

This evening, we will see the Bill through its final stages and have the chance to wish it well on its way to Royal Assent. We have the chance to consider the Bill as it is returned to us from the Lords, with the amendments they have tabled. As a result of the Bill, gay and lesbian couples will be able to get married, just as their parents did and just as their friends and relatives do. Couples who love each other are getting engaged already: they are preparing to tie the knot and getting ready for a great party. I have a sneaking suspicion that even some of the opponents of the Bill—certainly many of its supporters—are rather envious of those who are on the Elton John and David Furnish guest list. That will certainly be a proper party.

It is striking how much warmth and celebration the Bill has received. I join the Secretary of State in thanking the House of Lords for its strong cross-party support for the Bill. In particular, I thank Baroness Thornton and Baroness Royall, who led the Labour Front-Bench team in the Lords, but also Baroness Stowell who led for the Government. I am sure the Secretary of State will join me in thanking Lord Alli, who did such a fantastic job building support throughout the other place over many months.

I thank the Prime Minister for sticking with the Bill when those around him called for a halt, and I thank the Secretary of State and her Ministers, who have worked extremely hard; I know how much of their time this has taken up in the Department and Parliament. I also thank my hon. Friends the Members for Stretford and Urmston (Kate Green) and for Rhondda (Chris Bryant), who worked so hard from the Labour Front Bench, and all my hon. Friends who came to support the Bill. I am very glad that Labour votes got the Bill through its Second and Third Readings in the House and that we will support it again tonight.

I also thank hon. Members from all parties who voted for the Bill despite personal pressures, perhaps from their faith group, the Government Benches or local political parties. It is not an easy thing to do, but it is the right thing to do.

David Burrowes Portrait Mr Burrowes
- Hansard - - - Excerpts

The right hon. Lady talks about the time the other place gave to scrutinising the Bill, which I respect, but can she point to any non-Government amendments that made it through that scrutiny process? Does she not give some credence to the concerns of the noble Lord Framlingham, who said:

“This House prides itself on being a revising Chamber. On this Bill it has been a bulldozer. We are being used to bulldoze through an ill thought through Bill”?—[Official Report, House of Lords, 15 July 2013; Vol. 747, c. 543.]

Yvette Cooper Portrait Yvette Cooper
- Hansard - - - Excerpts

I strongly disagree with the hon. Gentleman. The Lords have debated the Bill extensively and have given it strong support. It is true that many of the amendments have Government support, but that reflects the detailed discussions that have taken place between Ministers, Back Benchers and Opposition Front Benchers. For example, the Government now support the amendments on humanism and so on, which they did not when we debated these issues before. As a result of those debates and our efforts to compromise and ensure that the Bill made progress, we reached agreement even among those who disagreed on certain issues. We did that to support the Bill and to promote the strong values that we celebrate in marriage.

Diane Abbott Portrait Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)
- Hansard - - - Excerpts

On the question of celebration, can we spare a thought for those persons, including supporters of Stonewall, who rallied across the road while the Bill was in the other place, celebrating with rainbow flags, costumes and free ice cream from a well-known ice cream maker—

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

And carnations.

Diane Abbott Portrait Ms Abbott
- Hansard - - - Excerpts

Yes, and carnations. At the end of the day, this is a celebratory occasion and debate.

Yvette Cooper Portrait Yvette Cooper
- Hansard - - - Excerpts

My hon. Friend is exactly right. While we have been debating the Bill, we have been not only lobbied, but serenaded, most fabulously by the London Gay Men’s Chorus, who sang a rousing version of “Get me to the Church on Time”, which we all joined in with, as the Bill got its Second Reading in the House of Lords. That was a loud and proud, joyous celebration of love, laughter and marriage. That is the spirit in which we should see the Bill through its final stages this evening. As a result of this vote, same-sex couples will have the same recognition and respect from the state, and the same recognition under the law, for their relationship and their love. Because marriage is about the ups and downs, the long-term commitment through thick and thin, so this is also about the right to grow old and grumpy together under the banner of marriage. This is indeed time to celebrate, not discriminate.

John Robertson Portrait John Robertson (Glasgow North West) (Lab)
- Hansard - - - Excerpts

As someone who celebrates his 40th wedding anniversary next month and has had many ups and downs, I ask my right hon. Friend: is the Bill not about having a caring relationship between two people who love each other, making that commitment for life and making it all worth while? Why should anyone be excluded from that?

Yvette Cooper Portrait Yvette Cooper
- Hansard - - - Excerpts

My hon. Friend is exactly right, although I would never accuse him, whom I know so well, of growing old and grumpy with anybody, even after 40 years of marriage. We congratulate him as he celebrates his 40th anniversary.

This is about people celebrating their love for each other regardless of gender or sexuality. That is why the Bill is so important, after we have had changes in the law on the age of consent, membership of the armed forces, discrimination and adoption. In the words of Stonewall, this Bill is the final piece in the jigsaw to get equality under the law, and it is one we should welcome and celebrate.

Fiona O'Donnell Portrait Fiona O'Donnell (East Lothian) (Lab)
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Would my right hon. Friend add to that list the repeal of section 28? Despite all the concerns, it has done no harm, just as this Bill will do no harm.

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Order. It is perhaps understandable, but the remarks on both sides are in danger of causing this debate to become a kind of Third Reading debate, which it must not become. There are Lords amendments before us, and it is on those that Members’ remarks must be focused.

Yvette Cooper Portrait Yvette Cooper
- Hansard - - - Excerpts

Indeed, Mr Speaker.

Kevin Brennan Portrait Kevin Brennan (Cardiff West) (Lab)
- Hansard - - - Excerpts

Does my right hon. Friend agree that by accepting this group of Lords amendments, we will be completing a journey that started, as she rightly said, with the Adoption and Children Act 2002? I and other hon. Members moved amendments to that legislation to give same-sex couples the right to apply to adopt. They were opposed by Conservative Front Benchers, which resulted in your resignation from that Front Bench, Mr Speaker, and started you on a journey that resulted in your being in the Chair this evening.

Yvette Cooper Portrait Yvette Cooper
- Hansard - - - Excerpts

In the spirit of your ruling, Mr Speaker, let me say that the reason the points made by my hon. Friends the Members for East Lothian (Fiona O'Donnell) and for Cardiff West (Kevin Brennan) are relevant—not only to the Lords amendments we are considering, but to the amendments that many people have tried to make, and certainly from the Back Benches—is that there has been a debate about what happens in schools and teaching. We know that the removal of section 28 has been a good thing, which is an example of why people are wrong to be concerned about the impact on teaching. As the Secretary of State said, there are many safeguards in law to protect freedom of religion and belief in these matters, but also to ensure that we do not discriminate. That is what the amendments and this Bill are all about.

I want to refer to some of the most significant amendments passed in the other place, one of which deals with humanism. We made it clear in the House—as have many others—that we support the principle of allowing humanist weddings in England and Wales. We know that 2,500 non-religious couples in Scotland every year already enjoy the meaning and sentiment that having a humanist ceremony can bring to their special day. Humanist weddings are now the third most popular choice of ceremony in Scotland. I gather that humanist funerals are also quite popular in both England and Wales, as well as in Scotland. When it comes to weddings, we think that couples in England and Wales should be able to enjoy the same choices in how they celebrate as they do in their final rites.

Fiona O'Donnell Portrait Fiona O'Donnell
- Hansard - - - Excerpts

My right hon. Friend is generous in giving way again. As we have humanist naming ceremonies —she also referred to humanist funerals—does she not think it right that the whole journey of an individual and their family should have that seamless thread running through it?

Yvette Cooper Portrait Yvette Cooper
- Hansard - - - Excerpts

That is right. People should be able to have that choice. This is about what are the most important moments in people’s and family’s lives—births and weddings, as well as death and saying goodbye to a loved one. People should be able to choose how those crucial events in their lives are celebrated. That is why we think it right for people to be able to enjoy humanist celebrations as well.

Stephen Doughty Portrait Stephen Doughty
- Hansard - - - Excerpts

I totally concur with the points my right hon. Friend is making about humanist marriage, and I am glad the Government came back with amendments on this issue. Does she agree that there are important protections in the amendments made in the other place to prevent the possibility of crazy things such as Jedi weddings? This is about humanist weddings, which are very specific. It is not about commercial weddings, Jedi weddings or any of the other scaremongering that we have heard.

Yvette Cooper Portrait Yvette Cooper
- Hansard - - - Excerpts

My hon. Friend is right. We debated humanism when the Bill was in this place and in Committee, and the Government originally stated that they would not support amendments that would deliver humanist wedding ceremonies in this Bill, citing concern about delaying its passage. We did not, of course, want to delay the Bill’s passage or to create complexities that might have caused unintended problems elsewhere. That is why we did not, in the end, press the matter to a final vote in the Commons, but allowed the proposals to be further considered in the Lords so that Ministers could discuss them further.

19:45
The British Humanist Association has certainly proved extremely willing to work with the Government, the Opposition Front-Bench team, Back Benchers and Cross Benchers to find solutions to the various obstacles encountered during the Bill’s passage. I am pleased that, as a result of those discussions, a compromise position was reached so that we can now have a proper review of the legislation, fully considering the implications of legalising humanist wedding ceremonies in England and Wales and having the power to make changes in future. I hope that, one day soon, we will be able to celebrate humanist weddings as well as same-sex weddings.
Andrew Turner Portrait Mr Andrew Turner (Isle of Wight) (Con)
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Could the right hon. Lady assist me by explaining the difference, if there is one, between marriage and weddings? She seems to be using the latter form rather than the former.

Yvette Cooper Portrait Yvette Cooper
- Hansard - - - Excerpts

Weddings are fabulous celebrations, and I really love going to them, but I do not love going to marriages. Marriage is something that people commit to for the whole of their lives—it has ups and downs; pain as well as pleasure and beauty—so it is obviously a very different thing from the one-day fabulous celebration that we all want to enjoy at weddings. However, I think we have a great opportunity to celebrate both weddings and marriages—that is what the Bill is about—and that long-term loving commitment that two people want to make to each other: to put up with each other when things get tough, to look after each other through illness or old age. Being able to make that commitment is hugely important. [Interruption.] The hon. Member for Gainsborough (Sir Edward Leigh) clearly seems to find this something he does not want to celebrate. I suspect he would celebrate such loving commitment in an opposite-sex marriage, so why will he not do so in a same-sex marriage as well? I urge him to do so, to give us a smile and just enjoy the fact that other people are going to get married as a result of this legislation.

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Order. I think that the hon. Member for Gainsborough (Sir Edward Leigh) has been celebrating his own marriage for 29 years.

Barbara Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

Talking of celebrations, Mr Speaker, I want to celebrate the fact that Labour’s shadow equality team has supported all the way through this amendment on the notion of humanist weddings. I am very pleased to see Lords amendment 10 tabled. Some years ago, I attended a humanist funeral for someone in my constituency, and it is one of the most moving occasions I have ever attended. It attested to the value of such a ceremony for somebody with humanist beliefs. I look forward, as I am sure other Members do, to a time after the consultation and review when we will be able to attend humanist marriages. I particularly wanted to celebrate the fact that the Opposition have supported this all the way along.

Yvette Cooper Portrait Yvette Cooper
- Hansard - - - Excerpts

I thank my hon. Friend for that. My hon. Friend the Member for Stretford and Urmston and my noble Friend Baroness Thornton have had many meetings with the British Humanist Association and have worked with the hon. Member for Cambridge (Dr Huppert), who has been a keen supporter of enabling humanist weddings.

I turn to pension survivor benefits, on which a major amendment was passed in the other place. We want to ensure that through this Bill, we make some progress towards addressing the remaining pensions inequalities between same-sex and opposite-sex couples. Measures have already been taken to equalise survivor benefit entitlements for civil partners with those of widowers under public sector and contracted-out schemes, and I welcome that. However, the estimates of the cost of equalising the remaining differences in survivor benefits have so far been very wide ranging. Everyone has accepted that the equalisation of pensions would involve some small and direct cost to private pension schemes, and the Government have asserted at different stages that equalising the benefits for civil partners and married couples of the same sex could result in a wide range of costs, but we have never seen any breakdown of those costs or of how they are calculated.

Mike Freer Portrait Mike Freer (Finchley and Golders Green) (Con)
- Hansard - - - Excerpts

Would the right hon. Lady be surprised to hear that neither the House of Commons Library nor the National Association of Pension Funds can provide a list of contracted-in schemes, which means that we cannot identify how the figure was calculated?

Yvette Cooper Portrait Yvette Cooper
- Hansard - - - Excerpts

The hon. Gentleman makes an important point. We also tried to find out through the House of Commons Library and others how some of the costings produced by the Government could be calculated. Everybody wants to ensure that the approach to the legislation and to pensions is fiscally responsible, and we need to understand what the costs might be, so it has been very frustrating that we have not had a detailed breakdown that justifies the claims of large costs. That makes it implausible to many experts that such costs would accrue. Many experts believe that the costs would not be those that Ministers have suggested would be incurred at different stages. That is why it is right to make this progress in the legislation.

Julian Huppert Portrait Dr Julian Huppert (Cambridge) (LD)
- Hansard - - - Excerpts

I thank the right hon. Lady for giving way and for her comments earlier about humanist weddings, which we will come back to later. The anomaly with pensions started with the civil partnerships legislation and was about to be continued, but is she really saying that equality should depend on price? Surely we want people to be equal regardless of their sexuality, and cost should not stop us ensuring that.

Yvette Cooper Portrait Yvette Cooper
- Hansard - - - Excerpts

I think the hon. Gentleman would agree that it is right to get an assessment of what the costs should be before making any decision. It is right to get the information, but unfortunately it has not been forthcoming. Although we have pressed the issue in the Commons and in meetings with Ministers, including the Minister of State, Department for Work and Pensions, the hon. Member for Thornbury and Yate (Steve Webb)—a member of the same party as the hon. Gentleman who will, I hope, encourage him to provide the detailed evidence we need—it looks to many experts as though the proposal is affordable, doable and will not incur the considerable costs that the Government have suggested. The amendment provides a sensible compromise that will not delay the progress of the Bill while allowing us to make some progress on pensions.

Mike Freer Portrait Mike Freer
- Hansard - - - Excerpts

I am grateful to the right hon. Lady, who is being very generous in giving way. Does she agree that whatever the cost, when contribution rates are the same, whether someone is straight or gay, it is not equitable that the pension benefits are different? If people pay the same, they should get the same.

Yvette Cooper Portrait Yvette Cooper
- Hansard - - - Excerpts

The hon. Gentleman makes exactly the right point about the principle of equality that we should be pursuing. That is why we wanted to see progress made on the legislation. We supported the compromise position proposed by the Government so that we did not delay the Bill but could make progress towards ensuring that the costings were set out and we would have the power to make the changes and establish the equality we all want. That is the right approach.

Kevin Brennan Portrait Kevin Brennan
- Hansard - - - Excerpts

Will proposed new subsection (6) in amendment 11, which gives the Secretary of State power to make an order in relation to pension benefits, mean that the order will come back to the House in any way, shape or form before it is made? Or are we allowing the Secretary of State the powers to make such an order without further parliamentary scrutiny?

Yvette Cooper Portrait Yvette Cooper
- Hansard - - - Excerpts

I hope that the Government will be able to make rapid progress and to introduce orders. It is right that they should look into the legal details and consequences of doing so, but I hope that we will be able to see that progress and to scrutinise such orders in this place.

Let me refer briefly to the amendments that relate to a group of people affected by the Bill who are sometimes overlooked in these debates and who still face enormous prejudice—that is, men and women who are transgender. Under the Bill, couples who want to remain married when one partner changes gender will for the first time be able to do so. I am pleased that the Government have made that concession and have allowed a fast-track procedure for gender recognition certificates to take place in particular circumstances, and I am pleased that the issue was debated in such detail in the House of Lords.

Diane Abbott Portrait Ms Abbott
- Hansard - - - Excerpts

Does my right hon. Friend agree that the amendments will be welcomed by members of the transgender community, who often feel excluded or, as it were, hyper-marginalised by some of our debates, and that the House of Lords did well to bring forward these amendments?

Yvette Cooper Portrait Yvette Cooper
- Hansard - - - Excerpts

I do. The issue was debated in Committee, but, given the huge effect that the present situation has on some people’s lives, it tends not to be considered much in comparison with the consideration that is given to other issues. The House of Lords was able to consider it at length, and I believe that we should support its amendments. I know that some Members of both Houses wanted more changes to be made to the Bill, or indeed opposed it in the first place.

Tim Loughton Portrait Tim Loughton (East Worthing and Shoreham) (Con)
- Hansard - - - Excerpts

May I ask the right hon. Lady a question that I should have asked her earlier? The “humanist” amendment, which she supports, prescribes a clear timetable: a review must be

“produced and published before 1 January 2015.”

Why did she not consider it necessary to demand a timetable for the review of civil partnerships, which she supported during an earlier stage of the Bill’s passage? That provision is open-ended.

Yvette Cooper Portrait Yvette Cooper
- Hansard - - - Excerpts

I am in favour of a similar, or even more rapid, timetable for the civil partnerships review. In fact, during one of our earlier debates I said that I should like it to proceed alongside consideration of the Bill. Obviously it is for the Government to set the timetable, and, as the hon. Gentleman will know, many of the amendments are a result of discussion and compromise along the way, but I agree that rapid progress and consultation on the civil partnerships review would be useful.

David Burrowes Portrait Mr Burrowes
- Hansard - - - Excerpts

The right hon. Lady has just mentioned discussion and compromise. I am not sure whether we are going to discuss Lords amendment 53, which allows freedom of

“discussion or criticism of marriage”,

but I understand that Labour accepted it in the other place. Obviously such discourse should not be

“threatening or intended to stir up hatred.”

I understand that there was previously a commitment—which, indeed, was included in the Labour party manifesto —to repeal section 29JA of the Public Order Act 1986, the so-called Waddington amendment. Is it now the case that Labour would not proceed with that commitment if it ever had the opportunity to do so?

Yvette Cooper Portrait Yvette Cooper
- Hansard - - - Excerpts

We took the view that the amendment to the Public Order Act was not necessary, because there was already considerable protection for freedom of religion and freedom of speech. However, we accepted the Government’s amendment because we were content to accept a clarification of the Public Order Act, and because we thought it right to support the Bill. As I have said many times, the Bill is the product of a great deal of cross-party discussion and compromise on a number of issues which took place to ensure that progress could be made.

Other Members wanted to see further changes, but I think that there is already strong protection in case law, in primary legislation and, indeed, in the Human Rights Act for freedom of religion, freedom of belief and freedom of speech. Freedom of speech goes in both directions. Just as the Bill rightly respects and protects the freedom of belief of those who do not want to celebrate same-sex marriage as part of their religion, we should support and respect freedom of belief for faith groups who do want to celebrate it. It is worth reflecting on the fact that these amendments and these debates show just how far we have come in a short period of time for LGBT equality. When the Labour Government proposed changes to the law to get rid of section 28, to end the bar on serving in the armed forces, to end discrimination in employment, to allow gay adoption and to end discrimination in the provision of goods and services, each time there was strong opposition, but now those changes are taken for granted even by those who opposed them at the time.

20:00
The House of Lords, whose amendments we are discussing, has changed its attitudes very significantly since it voted to block the repeal of section 28 and to vote against gay adoption. Indeed, this time the House of Lords has for the first time been more progressive than the House of Commons, and we should make sure we do not get left behind. In the Commons 69% of those who voted supported the Bill. In the Lords 72% of those who voted supported the Bill. In the Commons the Bill had a majority among Labour and Liberal Democrat MPs, with the support of just under half of Conservative MPs. In the Lords the Bill had a majority of Labour, Liberal Democrat and Conservative peers, and a majority of Cross Benchers too. I hope this House will rise to that challenge by giving even stronger support to the Lords amendments and the Bill in its final stages now.
Lord Barwell Portrait Gavin Barwell (Croydon Central) (Con)
- Hansard - - - Excerpts

Does the right hon. Lady agree that it is not just attitudes in this House or the other place that have changed, but that there has been a fundamental change in attitudes among the British public? People’s attitudes to sexuality have changed in a very progressive way. A majority of people want to see the law changed. The polling shows a very clear skew between younger voters and older voters, too, so it is very clear in which direction public opinion is moving. That, more than anything, is the key force behind this Bill.

Yvette Cooper Portrait Yvette Cooper
- Hansard - - - Excerpts

The hon. Gentleman is exactly right about that change in attitudes, and we heard it from some Members in the House of Lords who now strongly support this Bill, having previously opposed other legislation that provided for equality in this area. As the legislation has changed, so attitudes have changed, and as the legislation has changed further, so attitudes have changed further. Step by step, the law and public attitudes have moved forward in a progressive way, and we need to complete those steps. I hope we will do so now with the passage of this Bill.

Diane Abbott Portrait Ms Abbott
- Hansard - - - Excerpts

It is certainly the case that attitudes in this country have changed, but we have still to see more progress around the world. Just yesterday a prominent Cameroon gay rights activist was found murdered there. Their neck was broken and their body was broken. Does my right hon. Friend agree that this debate on this group of amendments this evening will encourage people all over the world to follow the progressive attitudes we are talking about?

Yvette Cooper Portrait Yvette Cooper
- Hansard - - - Excerpts

I agree with my hon. Friend. As the House of Lords was discussing these amendments, I was talking to some of those outside who were joining in the demonstrations in support of this Bill. There were some who are involved in Ugandan and Cameroon groups and organisations who are campaigning for basic human rights for people who live in those countries and can find themselves persecuted. They certainly do not enjoy equality before the law or basic human rights and respect for their freedom as well as for their relationships.

I hope this is not simply the end of a process, because this is not just about the legislation. It is also about how we make sure it is implemented in practice and how we go further in terms of equality. I hope that many of those who have opposed this Bill will come to celebrate it in future. I hope that many of the religious organisations and Churches whose religious freedom we have rightly respected and protected will also change their minds in future and celebrate the marriages of same-sex couples in their congregations. I hope, too, that all of us will do more to challenge discrimination and injustice wherever we find it—challenge prejudice and homophobic bullying in schools or the workplace—so that no one is discriminated against on grounds of sexuality and gender.

In previous debates on the Bill, I have quoted those who have been most affected by it, and I hope that you will indulge me, Mr Speaker, if I conclude my remarks on the amendments by quoting briefly from an e-mail from someone who has contacted me to tell me of his support for the legislation. It is important that we in the House hear the voices of those who are most heavily affected by the legislation that we are debating.

I received this e-mail from a 19-year-old man after the Bill had completed its previous stages in this House, and while it was being debated in the House of Lords. He was concerned that the House of Lords might somehow not pass the Bill, and he wrote this to me:

“Whilst I have known for a few years that I am gay, it was only five weeks ago that I came out to my parents and close friends. Prior to this, I had gone through an initial stage of denial and then a stage of acceptance but without having anyone to turn to. The progress of the Bill through Parliament has pushed LGBT equality up the political agenda and made me feel more accepted by the society in which I live....This legislation will help young people who find themselves in a similar situation that I was in a year ago. They will be assured in the knowledge that the law recognises their relationships equally to heterosexual relationships. I have struggled through this stage of my life and now live safe in the knowledge that my close family and friends accept me for who I am...History will most certainly be on your side. With the greatest sincerity, thank you.”

I want to conclude by saying to the House: thank you for supporting this legislation, and I hope that we will send it strongly on its way to Royal Assent this evening.

David Burrowes Portrait Mr Burrowes
- Hansard - - - Excerpts

I wish to speak to amendments 1 and 2. Throughout the passage of the Bill, Ministers have acted in good faith and with good intentions to make it clear that they did not want it to encroach on religious liberty. In fact, they have given a 100% guarantee on that. That guarantee has focused on religious premises and the wedding ceremony. Hon. Members have scrutinised the Bill in Committee, on Report and in the other place to determine how secure the locks will be. Scrutiny has been carried out by those who oppose the Bill, not by Her Majesty’s Opposition. In relation to the locks, I remember that not a single amendment was tabled in Committee to clauses 1 or 2, even though they cover a key aspect of the Bill—namely, the encroachment on religious liberty.

Kevin Brennan Portrait Kevin Brennan
- Hansard - - - Excerpts

Does the hon. Gentleman accept that parliamentary scrutiny not only consists of tabling amendments but can involve debating the Bill that is before the House?

David Burrowes Portrait Mr Burrowes
- Hansard - - - Excerpts

I agree with the hon. Gentleman. I have been involved in the ups and downs of the Bill, and I have noticed from our debates on important clauses such as 1 and 2, on safeguarding religious liberty and on those who wish to opt in or out of same-sex marriage ceremonies, that the bulk of the scrutiny has come from those who oppose the Bill. That includes two thirds of the members of the parliamentary Conservative party, who did not support the Bill on Third Reading, with honourable additions in the form of members of other parties.

Concerns have been raised throughout the Bill’s passage by non-Church of England denominations, especially the Catholic Church, to which I pay tribute for its hard work and engagement with those on all sides of the argument. This is at the heart of amendments 1 and 2. Hon. Members have sought clarity through tabling amendments in Committee and on Report in this House and in the other place about the meaning of the word “compelled”. I pay tribute to Ministers for listening to the debate and to the views of the Joint Committee on Human Rights in this regard, and I am grateful to the Government for tabling Lords amendments 1 and 2, which properly clarify the meaning of the word. They allay many of the concerns that have been raised about the quadruple lock.

I understand from the main denominations that they are satisfied that the locks now in place with the additional clarification are comprehensive and will protect both religious individuals and religious organisations on the issue of conducting same-sex marriage ceremonies. Those amendments, coupled with Ministers’ assurances and explanations, particularly those given in the other place on the meaning of “compelled”, make it clear that compulsion “by any means”—those three words will have a very important impact on denominations on this matter—is prohibited under the Bill.

Therefore, as I understand it, any type of detrimental or unfavourable treatment, any civil or criminal action or penalty, and any less favourable treatment undertaken by a public authority against a religious organisation or individual that has not performed, has decided not to perform or has refused to perform a clause 2(1) or clause 2(2) activity will be absolutely prohibited. The words “by any means” are enormously welcomed by denominations beyond the reaches of the Church of England.

Religious organisations are protected. The Government’s amendments also protect them, when they are deciding whether or not to perform a clause 2(1) activity, against challenges—we pressed on these throughout the stages of the Bill—under the Human Rights Act 1998 and the Equality Act 2010, which has been mentioned, and by way of judicial review or any other legal challenge on the ground that the religious organisation’s decision involves the exercise of a public function. I recognise that the Government have never considered that decision to involve the exercise of a public function, despite much debate and scrutiny, not least by the Joint Committee on Human Rights. However, the Government’s amendments 1 and 2 alleviate the perceived risk and that has an important impact; it is a real, measurable improvement made during the passage of the Bill.

We saw progress in the Commons Public Bill Committee, when heroes and villains came as witnesses before us. The Catholic contribution was met with derision in some ways. One area that met with derision concerned the amendment before us, as the point was made in a considered way that we needed to clarify the word “compelled”. So I welcome the fact that we have moved on from that derision. We have moved on from the swatting away of the amendments that sought this clarification in the Commons Public Bill Committee—[Interruption.] We have also moved on from the “Star Wars” theme and the Jedi knights discussion. I am not sure what theme we need to move us into this particular passage. The helpful contributions made in the other place have moved us towards amendments 1 and 2, so we should not underestimate the movement and progress that have been made. There has been a lot of debate about the locks and how we have reached this point.

David Burrowes Portrait Mr Burrowes
- Hansard - - - Excerpts

I will give way to the hon. Gentleman, and I pay tribute to his diligence and scrutiny throughout the course of the Bill.

Jim Shannon Portrait Jim Shannon
- Hansard - - - Excerpts

The hon. Gentleman has outlined some of the steps forward that the amendments have made in at least addressing some of the issues raised by the religious groups. Opposition spokespeople, Members and Ministers have detailed the number of minority groups with religious views that were glad to see that the Bill had been changed. Does he recognise, as I do, the large number of religious groups, from across the whole UK, that were opposed to this measure? Even now, with the changes he has outlined, many people are opposed to it.

David Burrowes Portrait Mr Burrowes
- Hansard - - - Excerpts

I fully recognise that, and I have yet to come to my “but” and the concerns out there, which go beyond the issue of the marriage ceremony and religious premises. We recognise that the Government’s and Ministers’ commitment to this Bill not resulting in an encroachment on religious liberty—indeed there is a 100% guarantee—does not just encompass the walls of a church or religious premises; it goes beyond that into the public square and relates to people manifesting their faith in their workplace, their school and beyond. It is that area of scrutiny where the “but” comes in, although I still want to be positive before I get to that.

Julian Smith Portrait Julian Smith (Skipton and Ripon) (Con)
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Does my hon. Friend agree that the Quakers have played a brilliant role in the passage of this Bill?

David Burrowes Portrait Mr Burrowes
- Hansard - - - Excerpts

I pay tribute to the Quakers and, in particular, to the Winchmore Hill friends meeting house, where there is a proud tradition of human rights. It is one of the oldest friends meeting houses and was involved in the early movement to abolish the slave trade, working alongside William Wilberforce and others. I recognise the involvement of the Quakers in these key issues and the fact that they have been involved in providing religious freedom for Quakers and others; I do recognise that engagement.

Fiona O'Donnell Portrait Fiona O'Donnell
- Hansard - - - Excerpts

Will the hon. Gentleman give way?

David Burrowes Portrait Mr Burrowes
- Hansard - - - Excerpts

If I may, I shall make a little more progress.

I welcome Lords amendment 53, which is the sole amendment that has resulted in this group’s title on the selection list including the phrase “freedom of expression”. It deals with such freedom beyond the marriage ceremony, and I commend the other place for amending the Public Order Act 1986 by extending section 29JA to ensure that there is protection for

“discussion or criticism of marriage which concerns the sex of the parties to marriage”.

The amendment plainly states that such discourse cannot possibly

“be taken of itself to be threatening or intended to stir up hatred.”

The explanatory notes make the important point:

“To the extent that this provision removes any discouragement to discourse about marriage which relates to the sex of parties to marriage (where that discourse is not threatening and intended to stir up hatred), it could be argued that it has a positive effect on the Article 9 and 10 rights of those wishing to engage in this discourse.”

20:15
It is important that we do not overstate the extent of that protection for freedom of expression, because Lords amendment 53 does not necessarily address the situation faced by teachers and public sector workers. In 2004, in the Committee that considered the Bill that became the Civil Partnership Act 2004, the hon. Member for Rhondda (Chris Bryant) said:
“I believe that marriage is an institution that is ordained of God and should be celebrated between a man and a woman. However, I also believe that two men or two women can have a relationship that in many ways mirrors that between a man and a woman but is not identical…I do not think that one is more valuable than the other—they are simply different.”—[Official Report, Standing Committee D, 21 October 2004; c. 70.]
If someone were to engage in such discourse publicly and loudly on the public square in any hon. Member’s constituency, they would be protected from criminalisation and prosecution under the Public Order Act 1986, which is welcome, but would such a person be protected if they were engaged in public sector employment, or working in a school or charity? Will such people be free from public authorities compelling them not to express their conscientious view?
The Secretary of State acknowledged these concerns when she said to the Joint Committee on Human Rights:
“such an uncertainty perhaps, in people’s minds, can create a chilling effect in terms of people bringing cases. I do think that there is a continuing requirement to make sure that people have clarity that any such discrimination would be not right and not lawful.”
She and her Ministers have been at pains to give us assurance after assurance that the Bill gives adequate protection for freedom of expression and the manifestation of such views, but even at this late stage, even though we will probably have to rely on order-making powers, I ask her to ensure that there will be clear freedom of expression.
None Portrait Several hon. Members
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John Bercow Portrait Mr Speaker
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Order. Several colleagues wish to speak. I am keen to accommodate them all, but the logic is unanswerable. If they are to have the chance to speak, brevity and colleagues’ consideration for each other will be essential.

Stephen Doughty Portrait Stephen Doughty
- Hansard - - - Excerpts

It is a genuine pleasure to be able to speak on such an historic occasion. The fact that we are discussing a relatively small, concise and consensual group of Lords amendments shows the extent of the scrutiny that the Bill has received in both Houses, as well as the clear will of both Houses at all stages of its passage, notwithstanding the objections that have been raised. Despite several claims to the contrary, anyone who has followed the debates in the Chamber or in Committee, or indeed during the late-night sittings in the other place, will know that the suggestion that it has not received adequate scrutiny is not true.

I commend the fact that most debates in this House have taken place in a highly respectful manner, which sends out a helpful message to the public and especially our young people. I am sorry to say that that was not always the case in the other place, but I hope that lessons have been learned on both sides about how to conduct such debates respectfully and in a caring manner.

The Lords amendments underline the Bill’s fundamental characteristics of being permissive and protective. The crucial point is that the Bill will not compel anyone to do anything that they do not want to do, and religious organisations that do not want to conduct same-sex marriages will not have to do so. Given the myths that have been out there in the public, it is important to underline that the Bill is about permission and that it includes the appropriate protections that Conservative Members have sought. The hon. Member for Enfield, Southgate (Mr Burrowes) has asked for clarification on several points, and I note that he is happy with Lords amendments 1 and 2, which he believes offer additional protections. It is crucial that we understand that. That was the Government’s intent and has been further strengthened following the discussions in the Lords.

As we have noted, there have been amendments about the meaning of “compelled”. I do not think that was entirely necessary, but if it provides additional assurances and additional protections and makes people feel more comfortable, that is a good thing. We have seen important clarification of some technical aspects—for example, about who can authorise marriages. Particularly in the case of people of the Jewish faith, important clarifications were provided in the Lords, which will help with the application of the law.

I am pleased to see clarity about deliberate malfeasance by anybody trying to marry in a religion or denomination that does not permit same-sex marriage. No misuse of the legislation would be permitted. I welcome the provisions relating to pensions. It is crucial that the review takes place as soon as possible in order to right a fundamental inequality that may exist for a number of couples. There is provision for secondary legislation to right that.

Issues relating to changes of gender are complex and difficult but it is important to clarify them, especially with respect to transsexuals who did not get a gender recognition certificate because it would have meant the end of their marriage. That serves to underline the importance that most people in this country attach to marriage, and it illustrates why so many people want the Bill to go forward. The fact that some people who wanted to maintain their marriage felt unable to get their gender recognition certificate shows the crazy quandaries that we put people in. This is a chance to put all that right.

Fiona O'Donnell Portrait Fiona O'Donnell
- Hansard - - - Excerpts

My hon. Friend is making a powerful contribution to the debate, as he did in the Bill Committee. Does he agree that that example shows us that marriage is about so much more than the gender of the two people who make that commitment?

Stephen Doughty Portrait Stephen Doughty
- Hansard - - - Excerpts

Absolutely. That is the point that has come out in all the debates.

We have also seen protections for those who disagree. The hon. Member for Enfield, Southgate seems happy with those. I felt that protection already existed, but if the additional protections please other people and make them feel more secure, that can only be a good thing. The comments of Baroness Stowell were important when she said that the amendments that were agreed do not allow hate speech. There are two sides to this. We will protect the rights of people who disagree in a calm and respectful manner, but when that steps over into a different type of speech, which unfortunately has happened in some of the public debate, that is entirely unacceptable.

We have spoken about humanist marriages and I have stated my strong support for those to be able to go ahead. I am a person of faith, but I have seen how important humanist marriages are. I have had many representations from humanists in my constituency. As I have mentioned before, the former Assembly Member for my constituency is a humanist celebrant. I know how many people who want to take part in those ceremonies are ready to come forward—[Interruption.] I cannot quite hear what my hon. Friend the Member for Rhondda (Chris Bryant) is saying from a sedentary position but I am sure it is something supportive. I am glad that the door has been left open. I hope the review will take place. Other useful clarifications were made during that debate in the other place.

It is important to underline again that the protections that come through this set of amendments are all in addition to existing ones in the Bill. A great deal of thought went into the Bill and I commend the Government for that and for respecting and trying to understand the concerns that had legitimately been expressed, which have been answered comprehensively. I am glad that the protections provided by the amendments are on top of the protections in the original text and in other legislation such as the Equality Act 2010. These things were all carefully considered long before I came into this place. It is important that we recognise that. It is not as though there was some sort of free-for-all or the ability to abuse various circumstances.

In conclusion, the Lords amendments are the result of detailed, technical and careful consideration, which is the opposite of some of the claims that have been made. Ultimately, they reflect the will of Members in both Houses to right an injustice in the laws of our land. It is about putting in place the final piece of the equality jigsaw referred to by Stonewall and other organisations. I am very glad that we have reached this stage. As other hon. Members have commented, it reflects a wider change that has taken place in public attitudes. Of the many surveys that have taken place, one shows that 80% of people under the age of 50 welcome the changes and that three in every five people with faith also want them to go through. I think that reflects how far we have come, both in the public and in both Houses.

Jim Shannon Portrait Jim Shannon
- Hansard - - - Excerpts

The hon. Gentleman says that three in every five people with faith support these changes, but that is not what we heard in Committee, when a number of people from different religious organisations came to us, and they referred to having memberships in the hundreds of thousands, and perhaps even half a million. I am very interested to hear where he got the figure of three in every five.

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Order. I do not think that the point made by the hon. Member for Cardiff South and Penarth (Stephen Doughty) is covered by an amendment, and now that time is short we really must be self-disciplined, because otherwise colleagues who wish to contribute will be unable to do so, and it will be no good complaining to me.

Stephen Doughty Portrait Stephen Doughty
- Hansard - - - Excerpts

Thank you for bringing us back into order, Mr Speaker.

At an earlier stage I suggested that we might want to recognise the celebrations that have taken place elsewhere, such as in New Zealand, with lots of singing. We are wearing our carnations tonight, and I would be very happy to sing at the first of the marriages under the new legislation. To do so now would be very disorderly, but I would be happy to be present to recognise that love and that celebration. I am very glad that we have come to this place.

Julian Huppert Portrait Dr Huppert
- Hansard - - - Excerpts

This is a monumental day for many people; be they straight, gay, lesbian or bi, they will benefit from the freedoms and opportunities in the Bill. I think that it will be seen as one of the great legacies of this Government. I would like to thank all those who have played a role, particularly my hon. Friend the Member for Hornsey and Wood Green (Lynne Featherstone), whom I am delighted to see in her place, because without her personal initiative three years ago this simply would not have happened, so I say thank you to her.

I would also like to thank colleagues in the Lords who pushed it through: Baronesses Barker and Brinton, Lord Lester, Cross Benchers such as Lord Pannick, and even the Bishop of Leicester, who pushed very hard to get a sensible outcome. I would also like to thank the Liberal Democrat LGBT+ organisation for its sterling work. Perhaps the whole House will join me in congratulating its vice-chair, Ed Fordham, who last night got engaged to his partner, Russell Eagling.

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Order. It is always of great interest to the House to hear the contents of the hon. Gentleman’s Christmas card list, and I do not wish to cavil at his sincerity, but if he could turn his mighty mind to the Lords amendments with characteristic succinctness, the House will be indebted to him.

Julian Huppert Portrait Dr Huppert
- Hansard - - - Excerpts

Thank you very much, Mr Speaker.

Let me turn to Lords amendment 10. It feels that it has been ages since I initially tabled the first version of that amendment to try to allow humanist weddings. It has been a long struggle, alongside hon. colleagues, and I would particularly like to mention the hon. Member for Stretford and Urmston (Kate Green), with whom it has been a great pleasure to work, and my hon. Friends the Members for Bristol West (Stephen Williams) and for St Austell and Newquay (Stephen Gilbert). It was a choppy passage, which is odd because the premise seems simple enough: humanists should be able to get married under their rules. After all, Christians, Jews, Quakers, Muslims, Sikhs and even spiritualists are allowed to, so why not humanists, particularly since that works in Scotland? We had a somewhat unedifying debate at the end of our considerations in this place, which I think is a testament to the complexity of marriage law, which has caused many problems, but I am delighted that we have got there and that the review will be conducted properly with a view to ensuring that we get this right. I was critical of some officials, but I think that they have now worked very well with the British Humanist Association.

We have also made progress on pension inequality. I must say that I do not think that the cost of equality should matter. Is £1 million too much for equality? What about £10 million, or £20 million? I do not think that is the right argument and hope that we can make progress on that, just as I hope that we can make progress on equal civil partnerships.

The one thing really missing is a lot of issues for those who are transgendered. We have not restored the marriages, and there is much more to do with the Matrimonial Causes Act 1973, and we are still providing pension support only for the cispartners of transpeople, not the transpeople themselves. The trans community is still marginalised and will continue to be after the Bill is passed. Far too often LGBT seems to stop too early. We must look at that. The Bill will not end homophobia, but it will make a lot of people’s lives very much happier.

Diane Abbott Portrait Ms Abbott
- Hansard - - - Excerpts

I am glad to speak to this important group of amendments to this important Bill, which is a piece of proposed legislation that rights past wrong. The Bill will ensure that gay and lesbian residents of Hackney North and Stoke Newington, and countrywide, will have the chance to marry the person they love, and for that love to be recognised by the law and the wider community.

20:30
Before I move to the detail of the amendments, we have heard some thank-yous from the Front Benches, and we should also thank my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), Baroness Thornton in the other House who helped to steer these amendments through, Baroness Stowell, and the Liberal Baroness Northover. One remarkable thing about the amendments is that they represent genuine cross party co-operation and hard work, and having seen the consequences of them, I know how deeply grateful the LGBT community is not just in Hackney North but right around the country for that cross-party work in the other place. One must, of course, also pay tribute to Stonewall.
Throughout the passage of the Bill, the Labour party has supported the principle of allowing humanist weddings in England and Wales, as already happens in Scotland, and I have urged the Government properly to consider the practical implementation of that. Every year, 2,500 non-religious couples in Scotland enjoy the meaning and sentiment that a humanist ceremony can bring to their wedding. Humanist weddings are the third most popular choice of ceremony in Scotland, and we are glad that couples in England and Wales will be able to enjoy the same choice. The Government originally stated that they could not support these amendments, but we are glad that with cross-party co-operation, we have reached a position where the Bill can be accordingly amended.
I acknowledge that in some ways the amendments on consent and gender recognition certificates do not go far enough, but we have made some progress. Trans campaign groups interpreted the original Bill to mean that individuals undergoing gender reassignment and seeking full legal status in a new gender would have to seek the consent of their spouse before a full gender recognition certificate could be issued. Following cross-party negotiations, the Government agreed to clarify the issue of consent within the Bill, and the amendments make it clear that the spouse is not consenting to the issuing of a full gender recognition certificate, but to the terms of their marriage certificate being changed. The Government also conceded on a fast-track procedure for the gender recognition certificate where a person who has been living in a new gender for an extended period, and I am glad to rise in support of those amendments.
The relationship between legislation made in this House and popular opinion is complex. Sometimes popular opinion leads politicians, and sometimes politicians lead popular opinion. On this issue, popular opinion has led the House, and all the better for that.
To conclude, I can do no better than quote the words of a Member in the other place, my noble and very good Friend Lord Alli. Yesterday he said:
“You have given me dignity where there was sometimes fear, you have given me hope where there was often darkness, and you have given me equality where there was sometimes prejudice”.—[Official Report, House of Lords, 15 July 2013; Vol. 747, c. 534.]
Gerald Howarth Portrait Sir Gerald Howarth
- Hansard - - - Excerpts

I am pleased to join in the celebration tonight in so far as I have been able to find one clause in this wretched Bill with which I agree. Lords amendment 53 relates to freedom of speech, and I am delighted that my right hon. Friend the Secretary of State has been instrumental in accepting it. Nevertheless, it is astonishing that a Bill for which there is absolutely no mandate, and which a majority of Conservatives voted against, has been bulldozed through both Houses. Just two hours of debate tonight is an absolute parliamentary disgrace and the Government should think carefully in future because if they want the support of Members on these Benches, offending large swathes of the Conservative party is not a good way of going about it.

Julian Smith Portrait Julian Smith
- Hansard - - - Excerpts

Will my hon. Friend give way?

Gerald Howarth Portrait Sir Gerald Howarth
- Hansard - - - Excerpts

Forgive me but I will not give way because a lot of colleagues wish to speak.

I am pleased with amendment 53, but what my hon. Friend the Member for Enfield, Southgate (Mr Burrowes) said about the chill factor is important. I advise the House to be very careful. Despite all that has been said here, lots of people out there will feel unable to express, or will be inhibited from expressing, their true opinion that marriage can only be between a man and a woman. That is because we live in a politically correct society. It will be interesting to see what happens to teachers. How many teachers will feel able to express their views, even in denominational schools, for fear of upsetting their political masters and losing their jobs?

Jane Ellison Portrait Jane Ellison (Battersea) (Con)
- Hansard - - - Excerpts

Will my hon. Friend give way?

Gerald Howarth Portrait Sir Gerald Howarth
- Hansard - - - Excerpts

I will not, because I have limited time and a lot of colleagues want to speak.

I hope that the Government are serious about moving swiftly to prevent that from happening and that the Opposition will support them should they decide to do so.

This is not happening only outside this place, Mr Speaker, but inside this place.

Gerald Howarth Portrait Sir Gerald Howarth
- Hansard - - - Excerpts

I will give way to my hon. Friend in a minute.

Two weeks ago I held a meeting here. I have here two pamphlets, “Same sex marriage: the cost and consequences of redefining marriage” and “Freedom of speech: street evangelism”.

Chris Bryant Portrait Chris Bryant
- Hansard - - - Excerpts

Which amendment is this?

Gerald Howarth Portrait Sir Gerald Howarth
- Hansard - - - Excerpts

This is about freedom of expression, as the hon. Gentleman ought to be aware.

Someone who was coming to my meeting had several copies of those pamphlets. I hope you will be interested to know, Mr Speaker, that the pamphlets were seized and removed from that person. I was incensed and went down to Cromwell Green to find out what was going on. When I said, “By what authority has this material been removed?”, I was told that it was by the authority of the House. I put it to you, Mr Speaker, and to the House: if that is going on in this place, can you imagine what will go on up and down the country once this Bill is enacted?

On Monday my noble Friend Lord Fowler said in another place:

“It has never ever been our case—those of us who want reform—that opposition is homophobic.”—[Official Report, House of Lords, 15 July 2013; Vol. 747, c. 544.]

I fear that anybody who speaks out in favour of the belief that marriage can only be a union between a man and a woman will be accused of being homophobic. Most people do not want to be accused of suchlike. Most people do not want to be accused of being racist and therefore did not raise the issue of immigration. Of course, we are told by the Leader of the Opposition that it is now all right to talk about immigration, but for a long time it was not.

Does my hon. Friend the Member for Battersea (Jane Ellison) still wish to intervene on me? After all, this is about freedom of expression.

Jane Ellison Portrait Jane Ellison
- Hansard - - - Excerpts

My point was about freedom of expression, and I am grateful to my hon. Friend. When we debated this in Committee, one of the examples given was that in all the years that Catholic teachers in Catholic schools have been teaching their own views on abortion, nobody has been prosecuted for that. People have been free to teach that view within that religious context, so there is no reason to think that teachers in religious schools will have any problem with this Bill.

Gerald Howarth Portrait Sir Gerald Howarth
- Hansard - - - Excerpts

I thank my hon. Friend for raising that issue. It is interesting that surgeons are not required to perform abortions. What sort of tolerance is it—I am looking at my parliamentary neighbour, my right hon. Friend the Secretary of State—for this Bill to impose on registrars who may have served for 25 years that their conscience will not be allowed to be spared and they will have to do as it requires or surrender their jobs? This is not the tolerance that the Conservative party should be espousing in our country. If there are provisions whereby atheists do not have to teach religion in schools and surgeons do not have to perform abortions if it is against their conscience, why was the amendment in the other place, which was argued for by so many noble Lords and Ladies, rejected?

Maria Miller Portrait Maria Miller
- Hansard - - - Excerpts

I apologise for interrupting my hon. Friend’s speech, but it is important that the House is aware that registrars do not wish to have any sort of provision. They perform a public function and they believe it is very important that they do so without any sort of dispensation. [Interruption.]

Gerald Howarth Portrait Sir Gerald Howarth
- Hansard - - - Excerpts

My hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) tells me that there is no representative body for registrars and so they were not able to give a corporate view. However, there are registrars who do not wish to—[Interruption.] Apparently I am going to be shouted down. If I go out on to the streets, what will happen? Will Labour Members uphold my right to freedom of expression or join in the shouting?

I understand that a van drove around yesterday proclaiming the case of those of us who oppose the Bill. It had a picture on it of two men and a little girl under the caption, “What about Sophie?”, but the driver received such abuse that the company stopped the van going around the square. I say to those Opposition Members who are keen to champion freedom of expression and to stand up for minorities that they should stand up for the majority who feel that they are being intimidated.

That brings me neatly to the question: what about children? Neither my right hon. Friend the Minister nor the Opposition spokeswoman, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), has mentioned children. I want to celebrate marriage. Marriage between a man and a woman leads, generally speaking, to children, but marriage between two men or two women will not lead to the production of children. This is a very serious matter. Therefore, on the question of freedom of expression, I hope that those of us who proclaim that view will not be shouted down or denied our view.

Others wish to speak so I shall conclude by saying that I believe that, ideally, children need a mother and a father—that is what all the evidence shows—and preferably a mother and father in a marriage. I am utterly, completely, irredeemably opposed to this Bill and this is my last chance to speak against it before it is enacted. I believe it will lead to serious unintended consequences and that it debases traditional marriage. I will conclude with the words of a former Deputy Speaker of this House who is better known to us as Sir Michael Lord, but who now rejoices in the title of Lord Framlingham:

“This Bill is built entirely on pretence. It pretends that there is no difference between a man and a woman.”—[Official Report, House of Lords, 15 July 2013; Vol. 747, c. 544.]

That is a formidable basis upon which to build legislation that affects all our people in this land.

None Portrait Several hon. Members
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John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Order. We have 31 minutes remaining. Members can do the arithmetic for themselves.

Fiona O'Donnell Portrait Fiona O'Donnell
- Hansard - - - Excerpts

It is a pleasure to be able to contribute to this debate on Lords amendments, because this is the first time I have had the opportunity to speak on this Bill. Having listened to the often powerful and personal testimony of many Members from all parties and given that many of them have suffered abuse, violence and discrimination, I did not feel that I had earned the right to comment. Tonight, however, I think we can celebrate.

It saddens me that the hon. Member for Aldershot (Sir Gerald Howarth) thought that Members were seeking to shout him down when he spoke to the amendments on freedom of expression. No one was attempting to do that, but some of his comments provoked, let us say, an emotive response from Opposition Members. Whenever I have seen people outside this place celebrating the passage of the Bill, I have seen others holding placards with statements that I found deeply distasteful—some referred to a man lying with another man as a sin—but I never saw anyone being lifted by the police.

Gerald Howarth Portrait Sir Gerald Howarth
- Hansard - - - Excerpts

It’s in the Bible.

Fiona O'Donnell Portrait Fiona O'Donnell
- Hansard - - - Excerpts

I am happy for the hon. Gentleman to heckle me. That is not about freedom of expression; it is about a healthy debate in which we all have strong emotions, and I would expect no less of him. I hope he respects the fact that the feelings of those of us who support the Bill are as strong as his.

It is clear that people have been able to air their views. The hon. Gentleman referred to a van with the caption, “But what about Sophie?”. I do not approve of anyone removing anyone else’s right to freedom of expression, but at the same time I think that sometimes we have to put ourselves in the shoes of people we would not always walk alongside. For someone to imply that a loving parent is not fit to perform their role is deeply offensive. We need a little sensitivity when considering these issues.

As a few hon. Members have said, Lords amendments 1 and 2 are not absolutely necessary, but I support anything that reassures Members who do not support the Bill that it is not about removing people’s freedom to hold their views. The Bill has struck the right balance, as my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty) said. There was rigorous scrutiny in the Public Bill Committee. On many a sleepless night, I invited my hon. Friend into my living room as I watched the Committee’s sittings. The Committee struck the right tone, as have the shadow Minister and the Minister in this debate. We are sensitive to the feelings of those who oppose the Bill and I am glad that they have found some comfort in those two amendments.

20:45
Lords amendment 10 considers the issue of humanist weddings. As a Scot, I was incredibly lucky to attend a humanist wedding for the first time almost two years ago. Unfortunately, I have attended a few humanist funerals as well. The couple did not feel that a register office would allow them to express their love and commitment in the way that they wanted on their wedding day. It was a deeply moving ceremony, full of music and personal contributions from the two young people who were marrying each other.
The amendment is welcome. I hope that we can overcome the complexities. In Scotland, such ceremonies are enabled by the fact that it is the person who is fit and capable to perform the marriage, not the place that is suitable. I am sure that the Government will work with the Opposition, as they have on many of the issues in the Bill, to find a way to ensure that couples in England and Wales can celebrate their love through a humanist wedding.
It is an interesting feature of our modern democracy in the UK that we can play the game of equality tag, whereby one of the devolved Parliaments or Assemblies sets the pace on an equality issue and this place catches up. If I leave this House in May 2015, I will be proud that I was here tonight to see this Parliament lead the way for the rest of the UK. I look forward to the Scottish Parliament bringing forward its own legislation and to my colleagues there having to deal with as many e-mails as I have received during the passage of the Bill.
On Lords amendment 11, it is heartening that the Government and the Opposition have managed to find a way to move forward on this issue. I agree with the hon. Member for Cambridge (Dr Huppert) that we cannot put a price on equality. We need to work with the sector, as we did on the issue of access to public transport for people with disabilities, when there was a recognition that we needed to give the sector time to make all vehicles accessible. I remember the furore over the costs. It was said that it was not realistic or practical. However, when we get into a bus or a taxi now, we all expect that vehicle to be accessible. Labour has consistently supported an amendment on this issue and it is great that the Government now say that we will have a time-limited review so that we can make progress. The gender of the two people who commit to a relationship should not affect their rights. The rights within a marriage should be the same for everyone. I look forward to hearing the conclusions of that review.
Lords amendments 42 and 43, which were tabled by the Government, demonstrate that the Bill will have consequences that some of us had not foreseen. My hon. Friend the Member for Cardiff South and Penarth, who is no longer in his place, said that when someone in a relationship goes through a gender transition, it is important that that fact does not change the value, authenticity and worth of the marriage. Such couples should remain in a marriage if they wish to do so.
In conclusion, it is a matter of great sorrow that some of my constituents have felt disappointed in me personally for supporting the Bill. Members who oppose it seem to be genuinely hurt and outraged that we would dare to push it through, but I hope that we can all respect it, just as those who refer to themselves as defenders of traditional marriage can understand that for those of us who support the Bill we can no more imagine changing our minds on this than we can imagine swapping our children for someone else’s.
Diane Abbott Portrait Ms Abbott
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Many of my constituents are sad that I am supporting the Bill, but they also know, after more than 25 years, that for me human rights are non-negotiable.

Fiona O'Donnell Portrait Fiona O'Donnell
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My hon. Friend makes another excellent contribution. I am glad that society will be different from the one I was born into. There was progress by the time my children were born, but as my grandchildren rapidly arrive on the planet I hope we have a better society still. This is a good Bill that will do good. It has been made better by these amendments, and I am delighted to have had the opportunity to contribute to the debate.

None Portrait Several hon. Members
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rose—

John Bercow Portrait Mr Speaker
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Order. May I appeal to remaining colleagues wishing to speak, of whom there are seven, to factor into their thinking that we have 21 minutes left? It is up to colleagues, but that would be in the spirit of equality.

Lord Herbert of South Downs Portrait Nick Herbert (Arundel and South Downs) (Con)
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I will endeavour to be brief, Mr Speaker.

Lords amendment 53, on freedom of expression, is important. It has been the mission of many of us to ensure that this important step forward on equality also protects religious freedom. In making it clear that mere criticism of same-sex marriage is not an offence, the amendment surely deals with the concerns expressed by my hon. Friend the Member for Aldershot (Sir Gerald Howarth) about the “chilling” factor that such legislation may engender. I must say to him that it also behoves those who call for freedom of speech to ensure that the words they choose are temperate and reasonable. Words may not and should not become a matter for criminal law. I am with my hon. Friend on that, including on the defence of free speech in relation to the offence of incitement of hatred against homosexual people. However, when phrases such as “aggressive homosexuals”—the phrase my hon. Friend used on Second Reading—are used, they take freedom of expression to an unreasonable extent and do cause offence.

Gerald Howarth Portrait Sir Gerald Howarth
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Would my hon. Friend have me prosecuted for it?

Lord Herbert of South Downs Portrait Nick Herbert
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My hon. Friend has not listened to a word I have said. I have just said that nobody should be prosecuted for words that are merely offensive, but that does not absolve those who use those words of causing that offence. If my hon. Friend and others are calling for freedom of expression and not to be prosecuted—as they should not be—for merely criticising activity or conduct, they have a responsibility to use words carefully that do not cause grave offence to a considerable section of the community. It would be considered intolerable to talk of aggressive blacks or aggressive Jews. Perhaps even my hon. Friend would not consider it acceptable to do that, but he did consider it acceptable to use the phrase “aggressive homosexuals”. I regret that, and that is why I find it so difficult to accept what he says about the importance of the chilling factor.

The second group of amendments to which I shall refer relates to those applying to clause 9. On Lords amendment 4 on the conversion of civil partnerships into marriage, it has surely been a fundamental proposition of the Bill that the status of civil partnerships is no longer considered adequate to confer equality on gay people.

John Bercow Portrait Mr Speaker
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Order. I was just checking that I had not misheard the right hon. Gentleman. Whatever his temptation to dilate on Lords amendment 4 he must resist it, because that is in the second group that we have not reached. He should stick to the first group, and I am sure he has got plenty to say on that.

Lord Herbert of South Downs Portrait Nick Herbert
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I am very happy to stick to the first group, Mr Speaker.

I hope that Lords amendments 10, 15, 26, 27 and 54, relating to humanist weddings, are in that group. They make provision to allow the dislocation of weddings from premises, to which further consideration will be given. I was at such a wedding in the United States a few weeks ago, and at such weddings it is common to read words that were delivered by the Supreme Court of Massachusetts 10 years ago and which ring true today:

“Because it fulfils yearnings for security, safe haven, and connection that express our common humanity, civil marriage is an esteemed institution, and the decision whether and whom to marry is among life’s momentous acts of self-definition. Without the right to marry one is excluded from the full range of human experience”.

In words that get to the kernel of the matter and these amendments, the Court continued:

“The history of our nation has demonstrated that separate is seldom, if ever, equal.... The dissimilitude between the terms ‘civil marriage’ and ‘civil union’ is not innocuous; it is a considered choice of language that reflects a demonstrable assigning of same-sex, largely homosexual, couples to second-class status.... For no rational reason the marriage laws…discriminate against a defined class; no amount of tinkering with language will eradicate that stain.”

That surely is the point. It is no longer considered acceptable by a majority of the public, the House of Commons and the other place.

The Bill was not bulldozed through; it was voted through by considerable majorities in both Houses, and it reflects a fundamental change of attitude for the better in our society. The Bill will do no harm to those not affected and it will protect those who do not wish to join in, but, in recognising the place of gay people in our society, it will do a great deal of good for people who love each other and want to express a permanent commitment to each other. For that reason, I will be proud to have been a Member of the House of Commons when it passed the Bill and to see it—I hope—given Royal Assent within a matter of days.

Sheila Gilmore Portrait Sheila Gilmore (Edinburgh East) (Lab)
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Many of my constituents contacted me who support humanist weddings but were disturbed when they thought they were going to drop out of the Bill. I know the Government were concerned they might be a diversion and so delay the Bill, but I am pleased that, after discussion and debate, they have been included. I am marginally amused, however, that the amendment asks for a review, given that I have sat through several Bill Committees recently in which the Opposition have been berated for tabling amendments seeking a review, rather than immediate action, and for somehow wimping out. Perhaps a review is appropriate if there are concerns about the mechanics of how something will work.

Lots of people would have liked the opportunity of a humanist ceremony. Certainly, I wish they had been available when I got married—more years ago than I care to recall. At that time, if someone was not religious—I belonged to a family that was strong, but not religious—the choice was a simple register office ceremony or, for some, to pretend to be religious. Humanist ceremonies, whether for weddings or other periods of life, offer something more profound that reflects upon our humanity and our connections to each other. Humanist weddings give people the opportunity to celebrate their love and commitment to each other, while, in sadder circumstances, humanist funerals avoid that vague religious feeling that might be totally meaningless to the family and which might have meant nothing to the person who died. It is the same with weddings.

I am pleased that this measure is going forward, therefore, and I hope that my constituents who wrote to me will be pleased. Like many others, I have constituents who are disturbed by the Bill, but I hope and believe that in a few years a lot of their concerns will have been put to bed and we will have moved on.

Edward Leigh Portrait Sir Edward Leigh
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It is instructive that, despite your valiant efforts, Mr Speaker, this debate has been so discursive, because very little has changed in the other place. We had long, lyrical passages from the shadow Secretary of State about the beauty of marriage, but even a cursory examination of the amendments—[Interruption.]

21:00
Chris Bryant Portrait Chris Bryant
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You’re smiling now. So you can smile.

Edward Leigh Portrait Sir Edward Leigh
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I can smile, yes.

Even a cursory examination of the amendments made in the other place confirms that very little has been done to protect freedom of conscience. We get a crumb of comfort, it is true, from Lords amendments 1 and 2, which tighten up the quad locks that are meant to stop Churches doing same-sex marriages. We were told repeatedly in this place that the quad locks needed no tightening, but better late than never, I suppose. A sinner—even the Government—who comes late into the vineyard of truth is just as welcome.

Then there is Lords amendment 53. Apparently it means that if someone says that they believe in a man-woman marriage, they will not be deemed to be “inciting homophobic hatred”. What a bizarre country we live in, when declaring one’s support for the Marriage Act 1949, under which most of us were married, could be deemed to be stirring up hatred. Indeed, such is the risk that we have to legislate against it. I hope that amendment 53 has some read-across to the offences in section 5 of the Public Order Act 1986 and other offences with a much lower threshold than “homophobic incitement”. They are the laws that we should be worried about, even after our amendment to remove the “insulting” limb comes into effect.

Nothing whatever has been done to alleviate the concerns of thousands of Church schools and tens of thousands of teachers, who fear that they will be ordered to teach a view of marriage that conflicts profoundly with their deeply held views. I predict that within five years a chill will descend on the 2,200 Catholic schools, because they will feel under an obligation to teach a view of marriage that is “balanced”—a word that Ministers themselves have used. I am sorry, but the view of the Catholic Church and other Churches on marriage is not “balanced”; it is a view. It is the view that marriage is between one man and one woman for life. It is not a balanced view; it is a view, and increasingly a “balanced” view will have to be taught.

Ministers keep telling us that the views of those teachers and others who are worried about this issue are respectable and that they are free to hold and express them, but they have done nothing to guarantee that. That is being left to chance. When we have a toxic mix of this Bill and the Equality Act 2010, anything could happen. It is like an experiment with unstable substances that could blow up at any minute. The Government should be legislating to stabilise the situation, but they steadfastly refuse. Earlier this year, the House voted for my ten-minute rule Bill to protect employees from suffering detriment at the hands of their employers for believing in traditional marriage. Ministers kept saying, “It’ll never happen”, but of course it is already happening. We have all read about the cases, even before the Bill has become law. The Government just do not care enough to solve the problem and protect Church schools.

When gay rights activists—not aggressive; they have their point of view, which is just as valid as anybody else’s—demand better pension rights, the Government jump to it, and we get Lords amendment 11 and pages of consequentials. When transsexual activists—not aggressive; they have a right to their view—demand changes to the Bill, the Government jump to it, and we get Lords amendment 44 and all that goes with it. When humanist activists—not aggressive; they have a right to their point of view—demand the right to humanist weddings, the Government jump to it, and we get Lords amendment 10 and pages more like it. However, when people who believe in traditional marriage demand better protections, simply so that they cannot be mistreated for failing to support same-sex marriage, the Government harden their heart, close their mind and refuse to do a thing.

I know some people think that this will all go away after the Bill becomes an Act in the next few days. They wish it would for political reasons, but by the time of the next general election, we will have a whole catalogue of new cases like that of Adrian Smith and his Facebook page, and the Wimbledon street preacher who got locked in a cell for hours for his sermon on 1 Thessalonians. We will have teachers—such as the teachers Lord Dear referred to in his speeches in the Lords—being ordered to teach that their own views on marriage amount to nothing but bigotry. And the electorate will hold us accountable for doing nothing to help them.

Nia Griffith Portrait Nia Griffith (Llanelli) (Lab)
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First, I pay tribute to my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) and my hon. Friends the Members for Stretford and Urmston (Kate Green) and for Rhondda (Chris Bryant) for the hard work they have put in, particularly on the amendments dealing with humanism and pensions. I also commend their collaboration with the Government Front-Bench teams here and in the House of Lords. People often hear about conflict in Parliament, but not about the good work that goes on behind the scenes.

I do not want anything to slow the Bill’s progress on to the statute book or to delay people celebrating same-sex marriage, but a review of both humanist weddings and pensions seems a sensible way forward. I have witnessed the excellent way in which humanist celebrants can help people at funerals—a sensitive situation, particularly for those with no religious beliefs who do not really wish to engage with such beliefs at those sensitive moments. Councillor friends of mine, instead of going to a civic wedding ceremony in a chapel or a church, decided to have a humanist ceremony, which was more in keeping with their beliefs, much more honest and less hypocritical than using a chapel simply for the day of that civic ceremony. Humanist marriage ceremonies fall exactly into that category—offering an opportunity for some depth and consideration, without having to adopt some form of religious belief in a rather hypocritical and shallow way.

Crispin Blunt Portrait Mr Crispin Blunt (Reigate) (Con)
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Having made such arguments on Report, I would like to record how delighted I am that the amendments on humanist weddings are to be included in the Bill. They will be as significant a part of the Bill as the same-sex marriage proposals. Many people will be affected, and I am delighted that the Government conceded the point in the other place.

Nia Griffith Portrait Nia Griffith
- Hansard - - - Excerpts

I thank the hon. Gentleman for his contribution.

Moving on to pensions and survivor benefits, again, we do not want to do anything to delay the Bill, but we want a review. It is a complex subject, and people have made wild estimates about the costs. They seem to forget that what is paid out often comes back, to some degree, in the form of taxation, so the situation is nothing like as simple as it might sound. The principle that those who have contributed have the right to the same benefits—whether they are in a same-sex or an opposite-sex marriage—is absolutely fundamental. We certainly want to make sure that that is where we get to. It will take time; it will need working out; it will need costing; it will need phasing in—but the important thing is the principle. We really want to see the review.

I support amendment 10, on humanist marriage ceremonies, and amendment 11 and related provisions, on the pension review, and I very much hope we can celebrate the passage of this Bill tonight.

Mike Freer Portrait Mike Freer
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First, I pay tribute to both Front-Bench teams—both here and in the other place—for how they have steered the Bill through. I visited the other place and was quite impressed with the quality of the debate and its calmness.

On amendment 11, it is worth revisiting why the pension inequality has to be addressed. The inequality between survivor benefits of civil partners and married couples is simply not sustainable, but it is worth repeating that this issue relates to contracted-in schemes. The key point is that for a man or woman in what some would call a traditional marriage, the pension rights in the event of the partner’s death go back to the date the pension scheme was joined. If, however, someone is a surviving civil partner, even though the partner might have been in the scheme for 20 years, the pension rights go back only to the date when civil partnerships became law. I must point out that this is not just a fractional difference. In the example of John Walker, his civil partner would get a surviving pension of £500 a year. If the civil partnership were dissolved and he married a woman, she would be entitled to £41,000 a year in the form of a widow’s pension. That discrimination is simply not defensible.

The important message to remember is that although survivor benefits are currently unequal, contribution rates are not. Two men—one straight, one gay—both pay in at the same contribution rate. If their contribution rate is not determined by their sexuality, why should their pension be?

The bottom line is that if contributions are equal, pension benefits should be equal too. I welcome the review, because we can get to the bottom of how the figures were determined. As has been mentioned before, neither the Library nor the National Association of Pension Funds can help to identify the schemes. We do not know where the figure has come from. That is why the review is crucial, and the evidence session held by the Select Committee on Work and Pensions will add to the debate.

The House has spoken resoundingly on the issue, not once but twice. The other place spoke resoundingly in rejecting unhelpful amendments, and last night the Bill passed without a vote. Whatever personal objections colleagues have and however sincerely they are held, there comes a time when opponents have to bow their head to the will of this House and give way graciously.

Finally, I thank the Government for the Bill. When it receives Royal Assent, we will be helping to build a more tolerant society. We are saying to people tonight, “Whoever you are, whoever you love, you are respected and valued as an equal member of our society.” Members can go home tonight knowing that for once we have done some good and for once we have made a difference. I look forward to issuing wedding invitations in due course.

Susan Elan Jones Portrait Susan Elan Jones (Clwyd South) (Lab)
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I am so pleased that tonight we will pass this Bill, which is clearly good news for the many gay couples across our country who want to get married. I also believe that it will be very good news to people in other countries—those lesbian and gay people who have to face unacceptable degrees of persecution every day of their lives. Members should make no mistake about it: there will be Commonwealth countries watching what we do tonight, and if we improve the lives of people who are treated unacceptably in those countries, we will have done a great good.

I do not know whether, in the short time remaining, I will be able to answer the points about the so-called chill, but I want to. We are not dealing with hypotheticals. Let us consider Catholic Spain, a country that for several years now has allowed the marriage of gay couples. I think there have been about 22,000 such marriages, yet not a single case has been brought to the European Court of Human Rights concerning a gay couple who wish to be married in church—

21:12
Two hours having elapsed since the commencement of proceedings on consideration of Lords amendments, the debate was interrupted (Programme Order, this day).
The Speaker put forthwith the Question already proposed from the Chair (Standing Order No. 83F), That this House agrees with Lords amendment 1.
Question agreed to.
Lords amendment 1 accordingly agreed to.
Lords amendments 2 to 55 agreed to, with Commons financial privileges waived in respect of Lords amendments 10, 11, 15, 16, 26, 27, 34, 54 and 55.

Business without Debate

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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Delegated Legislation
Motion made, and Question put forthwith (Standing Order No. 118(6)),
Financial Services and Markets
That the draft Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2013, which was laid before this House on 25 June, be approved.—(Nicky Morgan.)
Question agreed to.
Motion made, and Question put forthwith (Standing Order No. 118(6)),
That the draft Financial Services Act 2012 (Consumer Credit) Order 2013, which was laid before this House on 25 June, be approved.—(Nicky Morgan.)
Question agreed to.
Motion made, and Question put forthwith (Standing Order No. 118(6)),
Court of Judicature, Northern Ireland
That the Rules of the Court of Judicature (Northern Ireland) (Amendment) 2013 (S.R. (N.I.), 2013, No. 175), dated 26 June 2013, a copy of which was laid before this House on 27 June, be approved.—(Nicky Morgan.)
The Speaker’s opinion as to the decision of the Question being challenged, the Division was deferred until Wednesday 17 July (Standing Order No. 41A).
Motion made, and Question put forthwith (Standing Order No. 118(6)),
Senior Courts of England and Wales
That the Civil Procedure (Amendment No. 5) Rules 2013 (S.I., 2013, No. 1571), dated 26 June 2013, a copy of which was laid before this House on 27 June, be approved.—(Nicky Morgan.)
The Speaker’s opinion as to the decision of the Question being challenged, the Division was deferred until Wednesday 17 July (Standing Order No. 41A).
Motion made, and Question put forthwith (Standing Order No. 118(6)) and Order, 9 July),
Financial Assistance to Industry
That this House authorises the Secretary of State to undertake to pay, and to pay by way of financial assistance under section 8 of the Industrial Development Act 1982, in respect of Digital Region Limited, sums exceeding £10 million and up to a cumulative total of £45 million.—(Nicky Morgan.)
Question agreed to.
Sittings of the House (17 and 18 July)
Ordered,
That, at the sittings on Wednesday 17 and Thursday 18 July, the Speaker shall not adjourn the House until—
(a) any Message from the Lords has been received and any Committee to draw up Reasons which has been appointed at that sitting has reported; and
(b) he has reported the Royal Assent to any Act agreed upon by both Houses.—(Nicky Morgan.)

Petitions

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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21:15
Peter Bone Portrait Mr Peter Bone (Wellingborough) (Con)
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It gives me great pleasure to present a petition signed by 833 of my constituents. It reads as follows:

The Humble Petition of residents of Isham, Northamptonshire and the surrounding areas,

Sheweth,

That there is an urgent need to construct the A509 Isham by-pass, not only to relieve the current unacceptable number of traffic movements through the village, but also mindful of the extra proposed traffic movements which will occur due to:

The 5,500 houses that are being built at Cranford; the 3,500 houses that are being built at the station in Wellingborough; the proposed 3,000 house development off Niort Way in Wellingborough; the proposed industrial site development at Appleby Farm in Wellingborough with an estimated daily vehicle movement of 2,000, the majority of which will be lorries; the widening of the A14 road at the A509 Junction one mile from Isham.

Wherefore your Petitioners pray that your Honourable House urges the Secretary of State for Communities and Local Government, Northamptonshire County Council and the Borough Council of Wellingborough work together to ensure that the Isham A509 bypass is constructed imminently.

And your Petitioners, as in duty bound, will ever pray, &c.

[P001199]

21:17
Hywel Williams Portrait Hywel Williams (Arfon) (PC)
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This petition was organised within a week of the announcement of the closure of the Territorial Army Centre in Caernarfon, which has a population of 9,600. It has already been signed by 2,204 people, which is a substantial proportion of that number. It reads as follows:

The Petition of the people of Caernarfon and the surrounding district,

Declares that the Petitioners are opposed to the closure of the Territorial Army Centre at Caernarfon and draws the House's attention to the long and unique tradition of service in the forces by people from the community; further notes that the Caernarfon centre has an important role in recruitment given that it serves a very large rural area, that similar facilities will not easily be available elsewhere.

The Petitioners therefore request that the House of Commons urges the Government to retain the current usage of the site and explore complementary uses so that it can be further developed as an important and valued strategic resource.

And the Petitioners remain, etc.

[P001209]

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Before I call the hon. Member for Cardiff West (Kevin Brennan) to present his petitions, let me give him some guidance. It is not necessary for him to perambulate back and forth between his seat and the Chair for the purposes of his presentation. He should remain in his place. Let me also advise him that, while he is at liberty to speak briefly about each of his three petitions, it would be a mistake for him to suppose that because he is speaking about three, he can speak for three times as long as he would have spoken if he were speaking to one. He should speak with the brevity of which I know he is periodically capable.

21:19
Kevin Brennan Portrait Kevin Brennan (Cardiff West) (Lab)
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I am immensely grateful for that guidance, Mr Speaker. I shall present three petitions from my constituent, Mr Gruffydd Meredith.

In this petition Mr Meredith calls for the Government of Wales Act 2006 to be amended to rename the National Assembly for Wales as the Parliament of Wales or Senedd Cymru, with appropriate signage being erected so that every visitor will know its significance.

The petition states:

The petition of Mr Gruffydd Meredith,

Declares that up to 12 million people from all over the world visit Cardiff bay and pass the Senedd building annually yet the majority of these must have no idea what the Senedd building actually is or does, as they have no way of knowing unless they enter the building and ask the staff; further that Wales must be one of the few countries in the world that is does not have a sign denoting its own national parliament and that the Senedd building is one of Wales’ most important institutions and belongs to the people of Wales; further that there is a need and duty for the Senedd building to therefore showcase and make itself known to all the citizens of Wales as well as to the rest of the world.

The Petitioner therefore requests that the House of Commons makes the necessary amendment to the Government of Wales Act 2006 and any other relevant act in order to facilitate the renaming of the current National Assembly for Wales or Cynulliad Cenedlaethol Cymru to Senedd Cymru (Parliament of Wales), placing a large sign on the main public entrance of the Senedd building overlooking Cardiff bay, with prominent lettering denoting ‘Senedd Cymru’ (Parliament of Wales), together with an impressive Welsh flag placed centrally at the front top of the sloping roofed entrance.

And the Petitioner remains etc.

[P001210]

21:19
Kevin Brennan Portrait Kevin Brennan
- Hansard - - - Excerpts

This petition calls for the Government of Wales Act 2006 to be amended to allow for the creation of a unified power grid.

The petition states:

The Petition of Gruffydd Meredith,

Declares that the current and historical energy map of Wales shows all the classic indicators of an extractive economy, with the extractive drainage lines either extending east out of Wales or to the ports; further that Wales is already greatly more than self sufficient in electricity generation, producing at least twice more electricity than what we use but most of this is given to the UK national grid and then sold back to us; further that future renewable energy projects for Wales show that we could be easily producing at least four times more than we use if we realised basic achievable renewable energy projects (including tidal lagoons and the Severn estuary instead of a barrage) and this without even mentioning the possibility of clean coal and methane gas extraction, which could make this figure higher again; further that joining the currently unconnected electricity lines could be done with specially designed pylons that blend in with the Welsh environment, by underground cables or by placing undersea cables in Cardigan Bay and this would mean that all of Wales’ energy production is quantifiable and our abundant excess energy can be exported and providing potentially thousands of new jobs.

The Petitioner therefore requests that the House of Commons make the necessary amendment to the Government of Wales Act 2006 and any other relevant act in order to facilitate the development of an unified Welsh power grid, joining the currently unconnected electricity lines on North, Mid and South Wales.

And the Petitioner remains etc.

[P001211]

21:19
Kevin Brennan Portrait Kevin Brennan
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This petition calls for the Government of Wales Act 2006 to be amended to establish a second, scrutinising Chamber in Wales to be called Ty’r bobol or Citizen House.

The petition declares:

The Petition of Gruffydd Meredith,

Declares that there is a need for a second scrutinising chamber—a ‘Ty’r bobol’/ ‘Citizen House’, made up of Welsh citizens chosen at random from all over Wales in the citizen jury style system; further declares there should also be representation by independent non party affiliated experts and spokespeople from all fields suggested by small to medium sized businesses, non charity community groups, schools and colleges; further declares that this system of demarchy would provide Welsh politics with a much needed opportunity for independent scrutiny by the people and would make sure that the Welsh legislative process and the Welsh Government in general is able to be challenged and truly held to account where necessary.

The Petitioner therefore requests that the House of Commons make the necessary amendment of the Government of Wales Act 2006 and any other relevant act in order to facilitate the forming of a second scrutinising chamber in Wales made up of Welsh citizens chosen at random in the jury style system.

And the Petitioner remains etc.

[P001212]

21:20
Julie Hilling Portrait Julie Hilling (Bolton West) (Lab)
- Hansard - - - Excerpts

Since the tragic death of Jade Lomas Anderson in March of this year, I have been working with her mum and dad, Shirley and Michael Anderson, their family and the wider community to collect signatures on this petition. I commend in particular Michael and Shirley for their bravery, Sandra Lucas, Councillors Karen Aldred and Fred Walker and my staff team for their hard work in collecting 4,618 signatures, which were presented to Downing street today, as well as the businesses, schools and churches who have done so much to help, and the people of Bolton West who have shown their support in signing the petition.

The petition declares:

The Petition of residents of Bolton West,

Declares that seven children and two adults have been killed by dogs since 2006, and that 6,000 admissions to hospital are caused by dog attacks each year leaving many victims scarred for life; notes that the introduction of Dog Control Notices is supported by many organisations including the Kennel Club, the Dogs Trust, RSPCA, Royal College of Nursing, British Veterinary Association and the Communication Workers Union; and believes that the Government’s current proposals on dangerous dogs do not go far enough.

The Petitioners therefore request that the House of Commons urges the Government to amend the law to cover attacks on people and animals on both private and public property, to enforce Dog Control Orders, to introduce Dog Control Notices giving the authorities the power to intervene, to introduce the compulsory micro-chipping of all dogs and to promote responsible dog ownership, including training owners and dogs.

And the Petitioners remain, etc.

[P001200]

21:21
Paul Goggins Portrait Paul Goggins (Wythenshawe and Sale East) (Lab)
- Hansard - - - Excerpts

This petition is from several hundred of my constituents who want to see tougher legislation on dangerous dogs. I want to thank members of Jade Lomas Anderson’s family for all their work in collecting signatures, and in particular my constituent Mrs Kathleen Holden, who is Jade’s grandmother. The petition is in identical terms to that presented by my hon. Friend the Member for Bolton West (Julie Hilling).

The petition states:

The Petition of residents of Wythenshawe and Sale East,

Declares that seven children and two adults have been killed by dogs since 2006, and that 6,000 admissions to hospital are caused by dog attacks each year leaving many victims scarred for life; notes that the introduction of Dog Control Notices is supported by many organisations including the Kennel Club, the Dogs Trust, RSPCA, Royal College of Nursing, British Veterinary Association and the Communication Workers Union; and believes that the Government's current proposals on dangerous dogs do not go far enough.

The Petitioners therefore request that the House of Commons urges the Government to amend the law to cover attacks on people and animals on both private and public property, to enforce Dog Control Orders, to introduce Dog Control Notices giving the authorities the power to intervene, to introduce the compulsory micro-chipping of all dogs and to promote responsible dog ownership, including training owners and dogs.

And the Petitioners remain, etc.

[P001201]

21:22
Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South East) (Lab)
- Hansard - - - Excerpts

I am presenting a petition in identical terms to that of my hon. Friend the Member for Bolton West (Julie Hilling). I present it on behalf of a constituent, and I pay tribute to the grandmother who collected signatures after Abigail Boyd was attacked by dogs in Farnworth.

The petition states:

The Petition of residents of Bolton,

Declares that seven children and two adults have been killed by dogs since 2006, and that 6,000 admissions to hospital are caused by dog attacks each year leaving many victims scarred for life; notes that the introduction of Dog Control Notices is supported by many organisations including the Kennel Club, the Dogs Trust, RSPCA, Royal College of Nursing, British Veterinary Association and the Communication Workers Union; and believes that the Government's current proposals on dangerous dogs do not go far enough.

The Petitioners therefore request that the House of Commons urges the Government to amend the law to cover attacks on people and animals on both private and public property, to enforce Dog Control Orders, to introduce Dog Control Notices giving the authorities the power to intervene, to introduce the compulsory micro-chipping of all dogs and to promote responsible dog ownership, including training owners and dogs.

And the Petitioners remain, etc.

[P001202]

21:23
Luciana Berger Portrait Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)
- Hansard - - - Excerpts

I, too, present a petition on behalf of residents of the UK on dangerous dogs laws. I was very proud to deliver the petition to No. 10 Downing street this afternoon with my hon. Friend the Member for Bolton West (Julie Hilling), the parents of Jade Lomas Anderson and my constituent Angela McGlynn. Her son John Paul Massey was tragically mauled to death by a dog in 2009. The petition calls on the Government to take further action. We need to prevent these attacks from happening. Some 239 people have signed a petition in similar terms on my website.

This petition is in identical terms to that of my hon. Friend the Member for Bolton West.

The petition declares:

The Petition of residents of the UK,

Declares that seven children and two adults have been killed by dogs since 2006, and that 6,000 admissions to hospital are caused by dog attacks each year leaving many victims scarred for life; notes that the introduction of Dog Control Notices is supported by many organisations including the Kennel Club, the Dogs Trust, RSPCA, Royal College of Nursing, British Veterinary Association and the Communication Workers Union; and believes that the Government's current proposals on dangerous dogs do not go far enough.

The Petitioners therefore request that the House of Commons urges the Government to amend the law to cover attacks on people and animals on both private and public property, to enforce Dog Control Orders, to introduce Dog Control Notices giving the authorities the power to intervene, to introduce the compulsory micro-chipping of all dogs and to promote responsible dog ownership, including training owners and dogs.

And the Petitioners remain, etc.

[P001203]

21:22
Kate Green Portrait Kate Green (Stretford and Urmston) (Lab)
- Hansard - - - Excerpts

I am pleased to present a petition on behalf of citizens of the United Kingdom, including residents of my constituency, in identical terms to the petition presented by my hon. Friend the Member for Bolton West (Julie Hilling), calling for tougher legislation on dangerous dogs.

The petition states:

The Petition of residents of Stretford and Urmston,

Declares that seven children and two adults have been killed by dogs since 2006, and that 6,000 admissions to hospital are caused by dog attacks each year leaving many victims scarred for life; notes that the introduction of Dog Control Notices is supported by many organisations including the Kennel Club, the Dogs Trust, RSPCA, Royal College of Nursing, British Veterinary Association and the Communication Workers Union; and believes that the Government’s current proposals on dangerous dogs do not go far enough.

The Petitioners therefore request that the House of Commons urges the Government to amend the law to cover attacks on people and animals on both private and public property, to enforce Dog Control Orders, to introduce Dog Control Notices giving the authorities the power to intervene, to introduce the compulsory micro-chipping of all dogs and to promote responsible dog ownership, including training owners and dogs.

And the Petitioners remain, etc.

[P001204]

21:23
Sharon Hodgson Portrait Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)
- Hansard - - - Excerpts

Following the brutal and totally unprovoked attack on the 13-year-old Sunderland schoolgirl Meghan Reynolds, which left her requiring four hours of surgery and 48 stitches to horrific facial wounds, almost 100 of my constituents have signed petitions on this subject, and numerous petitions are still in circulation. I will present those to the House at a later date. I, too, am presenting a petition in identical terms to that of my hon. Friend the Member for Bolton West (Julie Hilling), who has passionately led this campaign and pushed for tougher legislation on dangerous dogs.

The petition states:

The Petition of residents of Washington and Sunderland West,

Declares that seven children and two adults have been killed by dogs since 2006, and that 6,000 admissions to hospital are caused by dog attacks each year leaving many victims scarred for life; notes that the introduction of Dog Control Notices is supported by many organisations including the Kennel Club, the Dogs Trust, RSPCA, Royal College of Nursing, British Veterinary Association and the Communication Workers Union; and believes that the Government’s current proposals on dangerous dogs do not go far enough.

The Petitioners therefore request that the House of Commons urges the Government to amend the law to cover attacks on people and animals on both private and public property, to enforce Dog Control Orders, to introduce Dog Control Notices giving the authorities the power to intervene, to introduce the compulsory micro-chipping of all dogs and to promote responsible dog ownership, including training owners and dogs.

And the Petitioners remain, etc.

[P001205]

21:24
Nic Dakin Portrait Nic Dakin (Scunthorpe) (Lab)
- Hansard - - - Excerpts

I am proud to present this petition on behalf of citizens of the United Kingdom, including many residents of my Scunthorpe county constituency, in identical terms to that presented by my hon. Friend the Member for Bolton West (Julie Hilling).

The petition states:

The Petition of residents of Scunthorpe County,

Declares that seven children and two adults have been killed by dogs since 2006, and that 6,000 admissions to hospital are caused by dog attacks each year leaving many victims scarred for life; notes that the introduction of Dog Control Notices is supported by many organisations including the Kennel Club, the Dogs Trust, RSPCA, Royal College of Nursing, British Veterinary Association and the Communication Workers Union; and believes that the Government’s current proposals on dangerous dogs do not go far enough.

The Petitioners therefore request that the House of Commons urges the Government to amend the law to cover attacks on people and animals on both private and public property, to enforce Dog Control Orders, to introduce Dog Control Notices giving the authorities the power to intervene, to introduce the compulsory micro-chipping of all dogs and to promote responsible dog ownership, including training owners and dogs.

And the Petitioners remain, etc.

[P001206]

21:25
Heidi Alexander Portrait Heidi Alexander (Lewisham East) (Lab)
- Hansard - - - Excerpts

I, too, would like to present a petition in identical terms to that of my hon. Friend the Member for Bolton West (Julie Hilling), calling for tougher legislation on dangerous dogs. I present it on behalf of my constituents of Lewisham East.

The petition states:

The Petition of residents of Lewisham East,

Declares that seven children and two adults have been killed by dogs since 2006, and that 6,000 admissions to hospital are caused by dog attacks each year leaving many victims scarred for life; notes that the introduction of Dog Control Notices is supported by many organisations including the Kennel Club, the Dogs Trust, RSPCA, Royal College of Nursing, British Veterinary Association and the Communication Workers Union; and believes that the Government’s current proposals on dangerous dogs do not go far enough.

The Petitioners therefore request that the House of Commons urges the Government to amend the law to cover attacks on people and animals on both private and public property, to enforce Dog Control Orders, to introduce Dog Control Notices giving the authorities the power to intervene, to introduce the compulsory micro-chipping of all dogs and to promote responsible dog ownership, including training owners and dogs.

And the Petitioners remain, etc.

[P001207]

21:26
Gordon Marsden Portrait Mr Gordon Marsden (Blackpool South) (Lab)
- Hansard - - - Excerpts

It is a great pleasure to associate myself with the campaign of my hon. Friend the Member for Bolton West (Julie Hilling). I am presenting a petition on behalf of the residents of Blackpool South in identical terms to that presented by my hon. Friend.

The petition states:

The Petition of residents of Blackpool South,

Declares that seven children and two adults have been killed by dogs since 2006, and that 6,000 admissions to hospital are caused by dog attacks each year leaving many victims scarred for life; notes that the introduction of Dog Control Notices is supported by many organisations including the Kennel Club, the Dogs Trust, RSPCA, Royal College of Nursing, British Veterinary Association and the Communication Workers Union; and believes that the Government’s current proposals on dangerous dogs do not go far enough.

The Petitioners therefore request that the House of Commons urges the Government to amend the law to cover attacks on people and animals on both private and public property, to enforce Dog Control Orders, to introduce Dog Control Notices giving the authorities the power to intervene, to introduce the compulsory micro-chipping of all dogs and to promote responsible dog ownership, including training owners and dogs.

And the Petitioners remain, etc.

[P001208]

Fishing Quotas

Tuesday 16th July 2013

(10 years, 9 months ago)

Commons Chamber
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Motion made, and Question proposed, That this House do now adjourn.—(Nicky Morgan.)
21:27
Peter Aldous Portrait Peter Aldous (Waveney) (Con)
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I am pleased to have secured this debate before the summer recess, as it provides us with a timely opportunity to consider the future of the fishing industry in the United Kingdom. Last month, the Minister provided details of the agreed reforms to the common fisheries policy, which provides the framework within which fishing in the UK will be administered over the course of the next few years. Its provisions are generally welcome, though its success will depend on how domestic fisheries are managed.

Last Wednesday in the High Court, Mr Justice Cranston delivered an approved judgment that will pave the way for the introduction of a new system of management that could be fairer and more environmentally friendly than its predecessor and that could provide an opportunity to reverse the fortunes of many fishing communities around the British isles. That is good news, although I sense that the path to this promised land will not be an easy one to travel along.

My interest and concern are for the inshore fleet that fishes out of Lowestoft in Suffolk, in my constituency. Like so many other fleets, it has had a raw deal in recent years. The Lowestoft fleet, which is a pale shadow of its former self, used to dominate the local economy. A significant contributory factor to its decline has been the way in which fishing quotas have been allocated in recent years. It is not possible to turn back the clock to the town’s glory years, but there is an opportunity to build an industry that can play a role in bringing back prosperity to an area that has struggled in recent years.

It is important to state at the outset that the Minister has achieved an enormous amount in the three years he has been in post. He has negotiated hard in the CFP reforms and delivered a settlement that is good for the UK. He has also listened to the concerns of the inshore fleet and made proposals to address those in the face of opposition from the producer organisations. His Department then defended this decision staunchly and successfully in the High Court. We owe him a debt of gratitude, for we have arrived at a position where we can provide a new beginning for the fishing industry in the UK. As Charles Clover concluded in his article in The Sunday Times, the Minister and

“his heirs have a once in a generation opportunity to throw the dice again on behalf of wild fish and the greater good”.

It is appropriate to say a bit about the inshore fleet and the under-10 metre boats—about the people involved and the situation they find themselves in today. Such boats comprise more than 77% of the UK fleet and employ over 65% of the fleet’s total work force, yet they currently receive only 4% of the total quota available to the UK. What is good for the under-10s is largely good for the ports in which they are based, and vice versa; they have considerable potential to deliver economic, environmental and cultural benefits for their coastal communities, many of which are among the most deprived in the country. They are also good for fish stocks, as theirs is a low-impact, sustainable form of fishing. Moreover, the income they generate is likely to stay in these communities and permeate down the supply chain, which has invariably been built up over many decades but which has been much eroded in recent years.

Today, that is very much the case in Lowestoft. It now has a small industry, but the infrastructure is still there and with the right policy framework it can deliver more for the area. The work of these fishermen still fishing out of Lowestoft should be contrasted with that of the eight affiliated vessels in the Lowestoft Fish Producers Organisation, which are all controlled by fishing interests based in the Netherlands. Those boats have UK fishing licences and hold British quota, but they contribute nothing to the local economy. Dutch-controlled vessels fishing British quota boast an annual turnover of £48 million, yet 1% of the fish they catch is landed in the UK.

In recent years, the under-10s have had a raw deal and in the Minister’s own words they have been “hanging on” by their “fingernails“. The root cause of their plight is the fixed quota allocation system introduced in 1999. As the under-10s did not keep records of their catch in the 1994 to 1996 reference period, the quota they received at that time was a best estimate, subsequently shown to be a major under-assessment, for which they have been paying ever since. Although there have been attempts to address the situation, as Jerry Percy of NUTFA—the New Under Ten Fishermens Association—has pointed out, with the under-10s starting from such a low level of quota in the first place, an additional percentage based simply on past allocations will be of little, if any, use.

Since 1999, the situation has got worse in many respects. The way the system was devised has meant that the producer organisations have been able to hold or acquire fixed quota allocation units, knowing that they could retain them if they did not use them. They could sell or lease them to the under-10s on their own terms, at their own whim and fancy. That conjures up the image of the under-10s taking on the role of Oliver Twist holding out the bowl for more food, only to be denied. Moreover, where reallocations have taken place, they have been profoundly unsatisfactory, as they have been neither permanent nor predictable, and they have invariably taken place towards the end of the fishing season.

The 2007 decommissioning scheme simply exacerbated the problem, creating more “slipper skippers”, with vessel owners entitled to retain the fixed quota allocation units even when their vessels had been decommissioned. A system has, thus, developed whereby the under-10s do not have enough quota to make a living and are in effect dying a slow, lingering death, while quota held by the producer organisations is not being used, and attempts by Government to encourage gifts of unused quota have invariably come to nothing.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
- Hansard - - - Excerpts

I thank the hon. Gentleman for bringing this matter to the House, because it is important to him, to other Members in the Chamber and, especially, to me and Portavogie in my constituency. The problem is not just the quotas that are set, but those that are reduced by Europe. The Minister works energetically on behalf of the fishing industry in the whole of the United Kingdom of Great Britain and Northern Ireland, but does the hon. Gentleman agree that Europe needs to give quotas that will make the industry that I represent viable? The industry has evidence to support its belief about the numbers of fish in the sea, so it needs Europe to give them back.

Peter Aldous Portrait Peter Aldous
- Hansard - - - Excerpts

Communities and the fishing industry all around the coast have been affected. The problem in recent years has essentially been quota management, but the common fisheries policy, on which the Minister has been fighting tirelessly over the past three years, is also a factor, so I agree with the hon. Gentleman.

The Minister, to his credit, tried to impose a modest redistribution of unused quota, which equated to 0.1% of the fixed quota allocation units in the UK. He sought to be reasonable and conciliatory to POs in doing that, and when representations were made against his proposals, he reduced the number of realigned units from 10,494 to 7,901. Despite that, the producer organisations took the view that the Government’s proposal deprived them, without compensation, of what they viewed as a valuable entitlement, even though it was minimal and, in effect, represented quota that was not being used. They therefore launched a judicial review arguing that the Secretary of State had acted unlawfully, was interfering with their property rights, and had behaved in a discriminatory manner.

Last Wednesday, Mr Justice Cranston delivered his judgment. He found in favour of the Government, dismissing the producer organisations’ challenge. His judgment contained several conclusions. He summarily dismissed the producer organisations’ main argument as

“falling at the first hurdle”.

He expressed sympathy with the views of NUTFA and Greenpeace, the two interveners in the case, that fishing quota and the fixed quota allocation system should always be considered against the backdrop of the principle that fish are a public resource, which is an understanding that dates back to the Magna Carta. He said that the Secretary of State had done nothing that disabled him from changing the fixed quota allocation system to address consistent non-use of quota. He expressed the view that the Secretary of State’s decision to reallocate quota was justified and that the means chosen were proportionate. He said that the Secretary of State’s decision did not constitute interference with, or deprivation of, possessions, as the producer organisations had contended. He also expressed the opinion that the producer organisations and their members have no proprietary interest in the fishing stock itself, and that fixed quota allocation units give no right to any specific amount of fishing stock in advance of the annual ministerial decisions on quota that take place each December.

With the decision coming shortly after the agreement on CFP reform, there is now a real opportunity to carry out a root and branch reform of UK fishing and to replace a system of management that has become dominated by big vessels with no connection to local areas and provides no significant benefits to either the local or the national economy. Instead, we should be looking to put in place a system that supports local communities and brings with it significant environmental, social and economic benefits.

Andrew George Portrait Andrew George (St Ives) (LD)
- Hansard - - - Excerpts

I congratulate my hon. Friend on the manner in which he is making his case. I entirely agree with the conclusion that he is reaching, but does he acknowledge that large producer organisations work well with local inshore under-10 metre boats in some parts of the country? Does he agree that it would be appropriate for those vessels to ensure that they keep a record of their catch of non-quota species forthwith, because it is inevitable in the years to come that they will be asked to demonstrate what fish they have been catching over a reference period?

Peter Aldous Portrait Peter Aldous
- Hansard - - - Excerpts

I thank my hon. Friend for that intervention. It is wrong of me to tar all producer organisations with the same brush. Back in 1994 and 1996, it was probably wrong that the under-10s were not keeping such records, and they have learned a lesson from that.

Based on the response from Hugh Fearnley-Whittingstall’s Fish Fight campaign, such a reform would in my view have public backing, as well as the support of fishing communities from all around the UK, and it would now have legal justification. Common fisheries policy reform, as well as setting out the courses for the elimination of discards and the introduction of a decentralised management system, also has the requirement for member states to allocate fishing quota taking into account environmental, social and economic considerations. This provides the framework for root and branch reform. I urge the Minister to pursue such a course and, as the Environment, Food and Rural Affairs Committee recommended in its 2011 report, to base these reform proposals on the needs of the inshore fleet, rather than on the existing patterns of work of the offshore fleet. DEFRA should identify those stocks and areas where a re-alignment of quota allocation would be of real benefit to the inshore fleet.

To prevent the problems of the past recurring, there is a vital and urgent need for transparency. As a high priority, it is important that a publicly accessible register of quota allocations and transactions is published as soon as practicably possible. I would welcome an update from the Minister as to the progress being made in providing that by the end of the year, as has previously been stated. Without a clear register, it is incredibly difficult to see who is benefiting from the nation’s fish resource and to work out whether it is being properly shared out so as to get maximum social benefit. Such a register should establish what proportion of quota is currently held by non-fishermen. It would, I hope, at least dispel the urban myth that has grown up that football clubs hold quota. I urge that consideration be given to introducing a requirement that in future quota should be held only by active fishermen. A further proposal to consider is that in future DEFRA should make greater use of its powers to re-allocate unused quota in-year.

For whatever reason, we have allowed an inexplicable system to develop, with a barely comprehensible trading method inside producer organisations which is both complex and opaque. We need to consign this to the dustbin of history and move forward to a more professionally managed system with direct licensing from the Crown to fishermen, with more clarity over who has what. This way the public can get the best out of what is, after all, their fishery. There is a need for a proper formal mechanism to grant fishermen new fishing rights. A new fisheries Act may be necessary to achieve that

It would be helpful to know the timetable that the Minister has in mind for coming forward with proposals on which the industry can be consulted and which this House can debate. It is important that the right decisions are made and a management system put in place that provides fishing communities all around the coast with a sustainable future and ensures that the inshore fleet is able not only to survive, but to flourish.

Lord Goldsmith of Richmond Park Portrait Zac Goldsmith (Richmond Park) (Con)
- Hansard - - - Excerpts

I congratulate my hon. Friend not only on securing the debate, but on delivering a very powerful speech. I agree with everything he has said. It is undoubtedly crucial that we shift the balance in favour of the smaller fishermen, as he has described. Another opportunity for levelling the playing field, which has gone under-reported but which results from the Minister’s negotiations in the CFP reform discussions, means effectively that laws applied by our Government in our waters, which previously have only ever applied to our fishermen, now must apply to everyone, so foreign vessels operating in our waters must for the first time adhere to British law. That surely is another string in the bow of the smaller fishermen.

Peter Aldous Portrait Peter Aldous
- Hansard - - - Excerpts

I acknowledge that point, well made by my hon. Friend. The decision is helpful. Also, we now have a sensible framework in the common fisheries policy. I pay tribute to Maria Damanaki, the Commissioner, for taking a lead on that, and again to the Minister for fighting hard when the negotiations got tough on that issue. As a result, we have a once-in-a-lifetime opportunity.

In conclusion, we need to get on with this, because time is very much of the essence. In years gone by it was possible to cross from one side of Lowestoft’s Hamilton dock to the other by walking from boat to boat. Today the dock is virtually empty of fishing boats. However, if we now put the right system of management in place, fishing will be able to play a continuing role in the future economy not only of Lowestoft, but of many other communities across the four nations.

21:44
Lord Benyon Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Richard Benyon)
- Hansard - - - Excerpts

I start by paying great tribute to my hon. Friend the Member for Waveney (Peter Aldous). His constituency might have a much diminished fleet, but he is a worthy champion of it and has stood up for it on many occasions. Having visited Lowestoft’s fishing industry with him, I have seen at first hand his passion to see it return to economic viability—to flourish, as he puts it—and to protect it from the complications of a system that has failed it, failed the marine environment and failed the coastal communities on which it depends.

I was of course pleased that the judgment in the judicial review between the UK Association of Fish Producers Organisations and my Department went in our favour. That completely vindicates the decision I took in 2011 to realign consistently underutilised quota from producer organisations and allocate it to those able to fish it. I agree with my hon. Friend that we are not talking about a huge amount of quota, but we have won on a key point of principle. I entirely agree with the view, commonly held across the House, that we are talking about a national asset. It is my Department’s job to allocate fishing opportunities in this country in as fair a way as possible. The judgment might still be subject to an appeal, but I will set out what I intend to do to ensure that we can maximise the value of our fishing quotas and the sustainability of the fleet while guaranteeing the transparency and accountability of those who have access to this priceless public resource.

My Department has undertaken a wide range of initiatives in recent years, and I would like to set them out briefly, along with some of the other projects being undertaken by different stakeholders. Work to finalise the reallocation of the fixed quota allocation units had been put on hold pending the outcome of the judicial review. That work will now proceed to allow the transfer of units from producer organisations to the under-10 metre English pool. I encourage the industry, particularly producer organisations, to support that work. I entirely endorse what my hon. Friend the Member for St Ives (Andrew George) said about the many producer organisations that have under-10 metre vessels in their membership and that work well with them whether or not they are in those organisations.

I previously updated the House on 17 June 2013 on the vital progress to secure radical reform of the common fisheries policy. I do not underestimate the challenges fishermen will face as we adapt to the new provisions, especially those relating to the discard ban. We are already working with the industry in the UK on a range of projects, including catch quotas, more selective gears and the identification of discard rates in our fisheries, to ensure that we can make the new system work effectively for the whole fleet. However, the deal that has been agreed—to introduce a ban on discards, manage our fish stocks sustainably and manage our seas on a regional basis—will benefit all of our fleet, large and small.

At long last our fishing industry will be able to have some certainty as to its future. Although the introduction of a ban on discards has taken the headlines, the requirement to manage our seas to maximum sustainable yield by 2020 is perhaps the most significant element of the reform. When we look back on this period, perhaps in a decade or two, we will see that as the really big win in returning our seas to sustainable harvesting of wild fish. Fishermen will have certainty over the future of the stocks they fish and depend on.

In addition, I am pleased to inform the House that yesterday we successfully secured a general approach on the European maritime and fisheries fund at the European Agriculture and Fisheries Council. The agreement means that the EMFF will be an effective tool for supporting delivery of CFP reform, and it clears the way for discussions between the presidency, Commission, and Parliament to continue in the autumn.

As part of a package of measures to reform domestic fisheries, my Department is running a pilot community quota scheme, working with a group of fishermen from Ramsgate. I pay tribute to my hon. Friend the Member for South Thanet (Laura Sandys) for her support for that scheme. She has been a tireless supporter of the fishing industry in her constituency—just as my hon. Friend the Member for Waveney is in his—and of the under-10 metre fleet in general. The purpose of the scheme was to give a group of inshore fishermen some quota from the under-10 metre pool and for them to manage it themselves. The scheme ran from 1 June 2012 to 31 May this year, and has been extended in response to calls for the pilot to continue from the National Federation of Fishermen’s Organisations, and the Ramsgate fishermen group. It will now operate until 31 December with support from the Fish Producers Organisation. The group will have full management control over the quotas it has been allocated.

The project demonstrated key benefits such as more flexibility and greater certainty in fishing activities that supported better business planning and efficiency. The group preferred the management arrangement under the pilot, which was reflected in its request for it to continue. The offer by the FPO demonstrates the willingness of producer organisations to help the inshore fleet, which is a welcome development. By working together, different sectors of the industry can bring about initiatives that help maximise their catches, get better value for their fish, and promote a common interest in managing those resources effectively. The outcome of the pilot will be used to help us determine ways in which we may seek to manage the inshore fleet, and the quota available to it in the future.

The Department for Environment, Food and Rural Affairs is currently funding an activity-based research project piloting a community supported fishery approach on the south coast. Under that project, communities in Brighton and Chichester have formed co-operatives through which local fishers supply weekly boxes of fish directly to subscribing members. As well as testing the appetite for consumers to work with their local fishers in that way, and sharing both the risks and benefits faced by the fishers, the project also provides a mechanism to create a market for underutilised or discarded fish species. The project is due to finish at the end of July, but the co-operatives and fishers involved have found the approach beneficial, and intend to continue without Government support in the future. I welcome that and congratulate them on the way they have used Government funding and will carry forward the project.

Last year I and the other UK fisheries Ministers announced our intention to produce a publicly accessible register that would show exactly who had ownership of fixed quota allocation units in the United Kingdom. DEFRA and Ministers in the devolved Administrations continue to work on that with the industry, and it remains our intention and aim to publish that register by the end of 2013. The public have a right to know who receives the UK’s fishing quotas, and I am delighted that we are on track to do that. I will keep the House and my hon. Friend the Member for Waveney informed of our progress.

I also thank other organisations for their efforts in helping to secure a bright future for the nation’s fisheries resources. The Marine Stewardship Council has launched phase 3 of its Project Inshore initiative. The purpose of the project is to assess all inshore fish stocks in England and Wales so as to determine their preparedness for certification. The aim is not to seek certification for all stocks, but to produce a road map outlining the status of the fisheries in order to develop best practice so they can be managed sustainably. That is a timely project, supported by a range of stakeholders such as Seafish, NGOs and retailers.

Fishing into the Future is another initiative that focuses on the viability of our fishing communities and the sustainable use of fish stocks. It was launched by the Prince of Wales’s international sustainability unit in collaboration with Seafish, and aims to encourage sustainability and marketing efforts through the exchange of new knowledge and ideas between fishers, scientists, fisheries managers and supply chain experts.

I welcome such initiatives and my Department is pleased to be part of them. Making sure that our stocks are exploited at optimal sustainable levels and reallocating quota to maximise their use is only going so far towards addressing the challenges that the inshore and, indeed, other fishing sectors face. We also need to ensure that our fleet size matches the fishing opportunities available. For that reason, my Department is exploring ways in which this can be achieved, and we will be discussing it with the industry.

The task now facing us is a challenging one. Let us not run away from that fact; it is well understood by the fishing industry and by everybody who minds about the health of our seas. It is important that we all work together to grasp the opportunities provided by CFP reform and other initiatives. I hope that now that the court case is behind us we can all work together to make sure that we have a meaningful future for our fishing industry. Let us not hide from the fact that there are many fishers in the over-10 metre sector as well as the under-10 metre sector who have found life next to impossible—who are hanging on by their fingertips, as I have said before. The opportunity now exists for them to see a future that will really make a difference and encourage future generations.

I cannot guarantee that people will be able to walk across Hamilton dock in Lowestoft in the way that they could in the past. It is possible, however, that people will see that this is a business they want to go into and can manage in the same way that any other small business can be managed. However, they can do so only if there is a rising biomass of fish in the sea. Our overriding determination must be to ensure that fish stocks increase, and then the fishing opportunities that we allocate as fairly as possible can be of much more economic benefit to fishermen fishing in harmony with nature. In recent years, great inroads have been made into improving the sustainability of fisheries, and I really hope that we can build on that excellent work. I commend my hon. Friend again for bringing this important matter to the House.

Question put and agreed to.

21:56
House adjourned.

Ministerial Correction

Tuesday 16th July 2013

(10 years, 9 months ago)

Ministerial Corrections
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Tuesday 16 July 2013

Abu Qatada (Deportation)

Tuesday 16th July 2013

(10 years, 9 months ago)

Ministerial Corrections
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The following is an extract from the Statement given to the House by the Secretary of State for the Home Department, the right hon. Member for Maidenhead (Mrs May) on Abu Qatada (Deportation) on 8 July 2013.
Theresa May Portrait The Secretary of State for the Home Department (Mrs Theresa May)
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It is important to remember that the UK Government already had assurances about Qatada’s treatment in Jordan—assurances that have been upheld in the courts—but in February last year the European Court of Human Rights moved the goalposts and declared that his deportation would be unlawful because of the risk that evidence obtained through the mistreatment of others might be used against him.

[Official Report, 8 July 2013, Vol. 566, c. 23.]

Letter of correction from Theresa May:

An error has been identified in the Statement given on 8 July 2013.

The correct Statement should have been:

Theresa May Portrait The Secretary of State for the Home Department (Mrs Theresa May)
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It is important to remember that the UK Government already had assurances about Qatada’s treatment in Jordan—assurances that have been upheld in the courts—but in January last year the European Court of Human Rights moved the goalposts and declared that his deportation would be unlawful because of the risk that evidence obtained through the mistreatment of others might be used against him.

Petitions

Tuesday 16th July 2013

(10 years, 9 months ago)

Petitions
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Tuesday 16 July 2013

Abolishment of the Probation Service

Tuesday 16th July 2013

(10 years, 9 months ago)

Petitions
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The Petition of Residents of the UK,
Declares that the Petitioners oppose the Government’s plan to abolish the Probation Service in its current form and to privatise up to 70% of work currently undertaken by it. The Petitioners believe that those convicted by a Criminal Court should be supervised by those employed by a publicly accountable Probation Service such as currently exists; further that the Petitioners oppose the Government’s plan to abolish the 35 public sector Probation Trusts replacing them with one Probation Service that only supervises those deemed to be of a high risk of harm to the public. It is envisaged under the current plan 70% of probation work will be subject to a competitive process which excludes the Probation Service. We believe that such a plan is “high risk” in that it could place the public at a greater risk of harm.
The Petitioners therefore request that the House of Commons urge the Government to stop the planned changes to the Probation Service.
And the Petitioners remain, etc.
[P001213]

Objections to Incinerator for Huntington (South Staffordshire)

Tuesday 16th July 2013

(10 years, 9 months ago)

Petitions
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The Petition of a resident in the UK,
Declares that the Petitioner objects to planning permission for a renewable energy facility on Cocksparrow Lane, Huntington, which has the potential to devalue surrounding properties and businesses; further that a renewable energy facility could cause problems like smell pollution and noise pollution and could cause increased traffic congestion in the area; further notes that this could cause increased risk to Littleton Primary School foot traffic, due to increased large vehicular traffic, and could have a negative effect on local business and trade, be detrimental for local wildlife and become an eyesore within the local natural green belt.
The Petitioner therefore requests that the House of Commons urges the Government to take all possible steps to ensure that their objections to this planning application are noted by Staffordshire County Council.
And the Petitioner remains, etc.—[Presented by Gavin Williamson, Official Report, 25 April 2013; Vol. 561, c. 1067.]
[P001175]
Observations from the Secretary of State for Communities and Local Government:
The Secretary of State for Communities and Local Government is aware that a planning application has been submitted to Staffordshire County Council in respect of the above development.
Local authorities have the statutory responsibility for considering proposals for development in their areas. Planning law requires that applications for planning permission must be determined in accordance with the statutory development plan for the area unless material considerations indicate otherwise. These material considerations include national planning policy. Local authorities will also take into account representations from the local community on the planning merits of the proposal.
National waste planning policy is contained in Planning Policy Statement 10: Planning for Sustainable Waste Management. This states that when considering planning applications for waste management facilities, waste planning authorities should take into consideration criteria including the physical and environmental constraints on development, existing and proposed neighbouring land uses, and any significant adverse impacts on environmental quality. This approach will continue under the Department for Communities and Local Government’s forthcoming update of waste planning policy.
Alongside this, the National Planning Policy Framework makes it clear that an application for renewable or low carbon energy development should only be approved if the impact is (or can be made) acceptable. To help implement the Framework, the Department for Communities and Local Government will publish new practice guidance shortly, setting out clearly that the need for renewable energy does not automatically override environmental protections and the planning concerns of local communities.
Through a series of reforms the Government are making the planning process more accessible to local communities because planning works best when communities themselves have the opportunity to influence the decisions that affect their lives. As this planning application is still being considered by Staffordshire County Council, it would not be appropriate for the Secretary of State to comment further.

School Uniform Supply Regulations

Tuesday 16th July 2013

(10 years, 9 months ago)

Petitions
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The Petition of residents of Feltham and Heston,
Declares that the Petitioners believe that Central Government should amend regulations in regard to school academy’s powers to make decisions on appointing school uniform suppliers without formally opening tendering opportunities to local enterprise suppliers and believe that the London Borough of Hounslow should formally join this application for amendment.
The Petitioners therefore request that the House of Commons urge the Government to make amendments to school uniform supply regulations to allow opportunities for local enterprise suppliers.
And the Petitioners remain, etc.—[Presented by Seema Malhotra, Official Report, 25 April 2013; Vol. 561, c. 1066.]
[P001174]
Observations from the Secretary of State for Education:
Ministers are clear that school uniform should not act as a barrier to parents when choosing a school. The School Admissions Code (2012) paragraph 1.8 states that,
“admission authorities must ensure [...] policies around school uniform or school trips do not discourage parents from applying for a place for their child”.
This is supported by the Department’s non-statutory school uniform guidance which states that,
“governing bodies (and academy trusts) should be able to demonstrate how best value has been achieved and keep the cost of supplying uniform under review”.
A link to the guidance can be found here:
http://www.education.gov.uk/schools/leadership/schoolethos/b0014144/schooluniform.
The sourcing of school uniform is a local decision, taken by the governing body of a school, or in the case of academies (including free schools), the academy trust. There are no regulatory obstacles in the way of a school opening tendering opportunities to local suppliers.
Where parents have concerns about the procurement of school uniform they should speak directly to the school concerned. Issues should be taken up with the head teacher in the first instance, then the Chair of the governing body or academy trust. In law, governing bodies must have procedures in place which would deal with issues such as a complaint about school uniform. Governors should aim to work with parents to arrive at a mutually acceptable outcome. If parents are unsatisfied with the outcome of their discussion with the school they can contact the Department with their complaint.

Aircraft Noise Pollution (Holywell)

Tuesday 16th July 2013

(10 years, 9 months ago)

Petitions
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The Petition of residents of Pen Y Maes Road, Holwell, Flintshire,
Declares that the petitioners are opposed to noise pollution from low flying commercial jet planes, especially Easyjet, going to and from John Lennon Airport, Liverpool. John Lennon Airport changed their flight paths without consultation with any authorities in North Wales, and this has had a big impact on the environment in Holywell. Holywell has a population of over 6,000. It is the Lourdes of Wales with its Holy waters and attracts over 30,000 visitors a year. Holywell also has a large Community Hospital with elderly inpatients, and the aircraft noise can be heard from within the hospital.
The Petitioners therefore request that the House of Commons examines changing the flight paths to avoid Holywell, and so resume our peace and quiet.
And the Petitioners remain, etc.—[Presented by Mr David Hanson, Official Report, 18 June 2013; Vol. 564, c. 863 .]
[P001186]
Observations from the Secretary of State for Transport:
The Aviation Policy Framework published in March 2013 sets out the Government’s overall policy on aviation noise which is,
“to limit and where possible, reduce the number of people in the UK significantly affected by aircraft noise”.
The Government recognise that noise is the primary concern of local communities near airports and that the routes used by the aircraft and the height at which they fly are two significant factors that affect the noise experienced by people on the ground. While the Government set the noise controls at Heathrow, Gatwick and Stansted, other airports have powers to set noise controls, which should be agreed locally.
Liverpool John Lennon Airport has confirmed that there have been no significant changes to the arrival or departure routes in the last 10 years. Holywell is primarily overflown by aircraft approaching Liverpool John Lennon Airport from the west, which occurs approximately 30% of the time. For safety reasons aircraft are required to land into the wind, which in the UK is predominately from the west. One reason for an increase in over flight experienced by residents in Holywell recently could have been as a consequence of the usually long period of easterly winds earlier this year.
Changes to the UK airspace structure are overseen by the independent airspace regulator, the Civil Aviation Authority (CAA), which has responsibility for UK airspace as directed by Parliament in the Transport Act 2000 and the Civil Aviation (Air Navigation) Directions. When considering airspace change proposals the CAA takes into account guidance on environmental objectives issued to it by the Government and this includes the requirement to ensure adequate consultation is carried out when considering changes to UK airspace. The Department for Transport is currently carrying out a consultation on this guidance; the updated guidance reaffirms the need for local engagement when carrying out airspace changes.
The Government expect all airports to communicate openly and effectively with their local communities about the impact of their operations. The Department for Transport encourages the residents of Holywell to continue to engage with Liverpool John Lennon Airport on this issue, either directly or through the airport’s consultative committee.

Westminster Hall

Tuesday 16th July 2013

(10 years, 9 months ago)

Westminster Hall
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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

Tuesday 16 July 2013
[Mr Christopher Chope in the Chair]

National Parliaments and the EU

Tuesday 16th July 2013

(10 years, 9 months ago)

Westminster Hall
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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

Motion made, and Question proposed, That the sitting be now adjourned.—(Mr Swayne.)
09:30
Baroness Stuart of Edgbaston Portrait Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)
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It is a great pleasure to have this debate under your chairmanship, Mr Chope.

The ageing process has some charming aspects, one of which is that a new idea arrives and I sit and think, “I think I have heard this somewhere before.” If someone hangs around long enough, they may even find that not only have they heard the idea before but that they have heard it before before. I had that feeling when I heard of the latest strengthening of national Parliaments within the European Union context. At that stage I decided to break one of my basic rules: over the years I have never taken part in an EU debate without saying something that I have not said before. I recommend that practice to others, but on this occasion I thought I would pull together some thoughts on national Parliaments and some of the problems over the past few years.

Yet again, the role of national Parliaments is essentially being used as a fig leaf to hide accountability for decision making at the European level. The fig leaf is being used by national Governments, and we should not fall for it. I had a feeling of déjà vu 10 years ago, when I went to the Convention on the Future of Europe. One of the five working groups was on the role of national Parliaments, and an old hand sidled up to me and said, “Remember the dud they sold John Major?” I said, “No, I don’t remember the dud they sold John Major.” And the old hand said, “Well, during Maastricht they introduced the concept of subsidiarity and proportionality, which was supposed to appease the national Governments. There was also then a review of competences across Whitehall.”

It was funny—I thought I had heard that before. The dud they sold Major was on the principle that national Parliaments should be given a role on policing subsidiarity and proportionality—the Convention on the Future of Europe was in 2002 or 2003—so I said, “When has the principle ever been invoked?” I was then told that it had been invoked only once, during the British presidency, when there was the bright idea that we wanted to standardise the water temperature for sea lions in zoos. That was a step too far even for Britain and was deemed to be out of order on the principle of subsidiarity and proportionality.

Subsidiarity and proportionality are being chucked at an interesting case that is currently going through—the representation of women on company boards. I find that quite extraordinary. The rights of women are now seen to be something at the behest of national Governments. I thought we had already reached equality. Please give me equality, but not because of subsidiarity.

I will give a bit of history. In 1994, after Maastricht, national Parliaments were supposed to come to the rescue; and in 2002-03, they were supposed to come to the rescue again with a card system of yellow cards, red cards, vetoes and all those kinds of things. Yet again, we hear that national Parliaments are supposed to be strengthened, but in this place we are talking less about Europe than ever before. Previously, a small, select group of people would gather on Wednesdays ahead of a European Council meeting, and occasionally we would tell each other something that we had not said before. We considered the programme of the European Council. There were afternoon debates, and Ministers had to tell the Commons what was about to happen. Regularly, on the following Monday, the Prime Minister would give a statement on the results. Some Members will remember that we used to have great fun at those pre-Council meetings, because the Danes would usually have published the Council conclusions on their website ahead of the Council meeting. We made fun of that, but at least we talked about it.

What happens now is that debates ahead of a Council meeting are deemed to be Back-Bench business. I spent three consecutive Thursdays complaining about that to the Leader of the House, and I kept getting the same answer—that it is part of the Wright recommendations. We have overturned other parts of the Wright recommendations, so why are they suddenly sacrosanct? On top of that, the Prime Minister did not give a Council statement back in June because he said it was so boring, and he has combined the subsequent Council statements with hefty, serious foreign policy statements on other issues. The last Council statement was combined with a statement on Afghanistan. Both issues would have deserved a statement in their own right. National Parliaments are supposed to be coming to the rescue, yet Parliament is speaking less about the matter.

Emma Reynolds Portrait Emma Reynolds (Wolverhampton North East) (Lab)
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Does my hon. Friend agree that that retrograde step is particularly regrettable given that other Parliaments have actually started to improve their scrutiny? She mentioned the Danish Parliament, but the German Parliament now scrutinises the German Government’s negotiating strategy more closely ahead of European Council meetings.

Baroness Stuart of Edgbaston Portrait Ms Stuart
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Indeed. Ten years ago, the British Parliament was seen as having some of the toughest and most extensive scrutiny functions. We were also the first Parliament to open an office in the European Parliament so that we had representation there. Ten years ago we were a model that other people looked towards, and now we have fallen behind. We are doing less than others.

William Cash Portrait Mr William Cash (Stone) (Con)
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I am sure the hon. Lady would not want to move on to another subject without noting that the European Scrutiny Committee has now set up an inquiry into European scrutiny, to which she has given some very good evidence. Furthermore, last night the European Scrutiny Committee and two other Committees worked together to ensure that we changed the Government’s approach to the whole business of opt-outs and opt-ins and that the Government accepted the amendment that had essentially been drafted by the European Scrutiny Committee.

Baroness Stuart of Edgbaston Portrait Ms Stuart
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I fear to tread on the subject of the European Scrutiny Committee in the hon. Gentleman’s presence, because I know I would get it wrong. I would also rather rely on his intervening to tell the Chamber about the Committee’s work. It is significant that last night it was agreed that the negotiating positions had to be brought back to Parliament, but we all know that we are still only talking to each other in Committee Rooms rather than on the Floor of the House.

What would really improve national Parliaments? I am caught between a rock and a hard place, because I do not want national Parliaments to become separate institutions within the architectural framework of the EU. The EU has the Commission and the Council, but national Parliaments provide the majorities to form the Governments that send Ministers to the Council. There is, however, a little-known organisation that is known only to those who have been to some of its meetings—COSAC, which is the conference of European scrutiny committees.

Ten years ago, I was trying to broker a deal in that working group between national Parliaments so that COSAC would be strengthened in the red and yellow card system, but for that the MEPs would have had to leave COSAC. It is difficult for COSAC to arrive at a decision, because there are, say, four representatives from each country, two from the Government and two from the Opposition. If there is a coalition Government, in our case the representatives could be a Tory, a Lib Dem and two Labour Members, so there are probably three views among the four representatives. Consensus then has to be reached across 27 or 28 countries within extremely tight time limits. What then happens is that MEPs are the only people who are sufficiently united in their view and who caucus—they are usually united in the view that the European Parliament is good and national Parliaments are bad. The card system will not work unless the national Parliaments that exercise the veto have a network to talk to each other. If that network has an in-built number of MEPs who can outvote the national parliamentarians, it simply will not work. I do not know whether it is possible to change the job that COSAC does in such a way, but we will see.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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I am following the hon. Lady’s remarks carefully. She refers to scrutiny as a key issue, but in Strangford, which has an agricultural and fishing base, it is not scrutiny that we want but changes in legislation to reduce red tape and bureaucracy. Does she feel that we can change things through the scrutiny that she refers to? If we cannot change things, scrutiny is no good.

Baroness Stuart of Edgbaston Portrait Ms Stuart
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The hon. Gentleman has gone to the nub of the matter. We need to decide what we think the role of national Parliaments is. Is it only to scrutinise? If so, we need to widen the base so that more Members take part more regularly. Or is it to get Governments to change their decisions at times? I think that it needs to be the latter, but a number of things have to happen to allow that. Early information is key.

We also need information about how people actually act in the Council of Ministers. I have sat in the Council of Ministers, and I know that there is rarely a vote. If there is, it is seen as a failure by the civil servants that they have allowed the situation to arise. They do a head count to see whether they have a qualified majority, and if they do not think they will get the decision they want, they give in gracefully.

That takes me to what really needs to change. We need a proper Europe Minister. That is not to cast any aspersions on the current Europe Minister, but the position is a fallacy. Why are matters involving the European Union, which deals essentially with domestic legislation, placed in the Foreign and Commonwealth Office? Numerous Governments have tried at times to get the Europe function out of the Foreign Office. From what I gather, the trade union of Foreign Office Ministers usually gets together and it does not happen, but there is a question to be addressed there.

If the Europe Minister is in the Foreign Office and makes decisions and strikes bargains regularly, they might say, “There’s an idea here that affects agriculture on which we want some compromise”, or it might be on cigarette advertising, the working hours of junior doctors or any number of issues on which we can get a deal. Such deals are struck across various Departments. At that level of political bargaining, the House has no ability to scrutinise, take a role or even know what happens. We are simply given the end results. A Europe Minister should have accountability for our permanent representative in Brussels, UKRep, which does all those dealings, and be answerable to the House of Commons for the bargains struck. There was a stage when a previous Prime Minister, Tony Blair, seriously envisaged such a role, but for whatever reason it did not happen.

I can hear the outcry: “You can’t politicise UKRep!” I am not saying that I would do it the way that the Finns do it, for example—they call their civil servant before them every Friday morning—but Select Committees can call civil servants. There could be a regular slot for UKRep representatives when they come on a Friday to brief Whitehall Departments about what they have done. They could stay until the Monday morning or come on the Thursday afternoon to give evidence. If we do not want to do it at the civil service level—actually, I would rather do it at the political level—there should be a Minister who is answerable to the House across Whitehall Departments for negotiations, compromises and deals struck in Brussels. It would be such a far-reaching brief that the Minister would almost function as a Deputy Prime Minister.

William Cash Portrait Mr Cash
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I am extremely interested in what the hon. Lady is saying, and I have often thought along similar lines. However, does she acknowledge that due to the critical mass of the European Union’s relationship with the United Kingdom, the Prime Minister and Downing street ultimately want to control all those matters? I suppose that that is understandable from their point of view. During the constitutional treaty discussions and the run-up to Lisbon, it was thought that the Foreign Secretary was out of the loop, because Tony Blair and the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown) were in discussions but the Foreign Secretary was scarcely involved at all.

Baroness Stuart of Edgbaston Portrait Ms Stuart
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That is not my recollection. The biggest thing that happened during the convention was the Iraq war, which meant that people’s attention was rightly drawn to other things. However, as I was representing national Parliaments and not the British Government, I had access to the Departments across Whitehall in a way that even a Cabinet Minister probably never has. I had a snapshot of what was happening in various Departments at any given time, and then I saw how people negotiated and traded things.

There is nothing wrong with that, but if we do not know what deals are being struck, we can neither approve nor disapprove. What happens is not uniquely British: every Government comes back with a success that they regard as an ultimate success for their own negotiating position, and think that they have shown all the others how they have failed. Anything that they do not like, they blame on the European Union. We will never be at ease with the decision-making process unless we actually know what is going on. We take notice only of the things that we do not like; there is no cognizance of the things that we do like.

This is about the Europe Minister and the accountability of UKRep. This place needs to get its head around how we can break open that decision-making process and make it accountable here. I think that I am right in saying that we still do not even know whether one of our Ministers was at the Council meeting or whether he or she was represented by a civil servant. Is that information available?

David Lidington Portrait The Minister for Europe (Mr David Lidington)
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Parliament is usually told in advance by a Minister from the appropriate Department who will be in the UK chair for a meeting of the Council. Certainly, for the Foreign Affairs Council and General Affairs Council, I routinely table a written ministerial statement to Parliament that says whether the Foreign Secretary or I will be in the chair. In the subsequent report to Parliament about what happened at Council meetings, we have sometimes said that for a certain item on the agenda, the permanent representative was in the chair.

Baroness Stuart of Edgbaston Portrait Ms Stuart
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That is helpful. I hope that it applies not just to the Foreign Affairs Council but to all meetings that are open, so that we can know afterwards whether the Minister or a civil servant was there.

To give one example, I was on a committee considering defence procurement across Europe. Countries have a veto and can say that it is in their national interest for a particular piece of defence procurement not to come within the single market rules. There was a reference to how often the UK had used that veto, and I wanted to find out through written answers how often that veto was used by other countries, because without comparison with other countries a single figure is utterly meaningless; one cannot tell whether it is excessive or very low.

I think that the UK used its veto about nine times. If France had used its veto 315 times, there would have been something wrong. If France had never used it, I would want to ask a few more questions about why we had. The answer came back that the information was not available. The Foreign Office felt that it was not its job to answer for the European Union, but as an MP, I had no means at that stage to go further and find that information. Similarly, the Dutch had not fully signed up to that agreement. When I tried to find out why, I was told that that was an issue for the Dutch Government. That is a legitimate answer, but it does not allow us to understand how we are represented and how other countries are working on that.

Even if the Prime Minister does not wish to create a new role for a Europe Minister with responsibility across Whitehall—I can see why he might not want to do so, because it takes power away—let us consider the notion of the red card, yellow card or whatever colour it is. The card is meant to be a mechanism by which national Parliaments can say to the Commission, “Thus far, and no further. Step back again.”

When the red card system was first mooted, the Commission was up in arms, because it felt that it was insulting to suggest that it would ever bring anything forward that would breach the principles and could be objected to by two thirds of national Parliaments, or whatever. It subsequently got off its high horse and accepted the principle—but no more than the principle, that we can wave a card, because there is no duty on the Commission to withdraw its proposals or to come back with better proposals. Following the speech of the Foreign Secretary in Berlin, I gather that we now have ideas for an improved version of the red and yellow cards, and I look forward to hearing more about that.

Instead of the card system, however, perhaps the British Government will consider discussing with the Commission the idea of a delete button for legislative proposals. When we have a general election and the Government go, so do their manifesto commitments and legislative proposals; the slate is wiped clean. At the European level, there is no such delete button. Proposals that are not agreed in one parliamentary session, simply refuse to die. A classic example of that is the hallmarking directive, which comes up again every so often, because some countries have a particular interest. We can either negotiate something to death, so that it is almost meaningless, or we end up introducing something that, 10 years ago, when first introduced, was a good idea, but now no longer is.

One example was the effect of the working time directive on junior doctors. Negotiations on the working time directive started in the ’90s, with legitimate concerns about lorry drivers driving for too long, and so on. It was not until 1999 that I ended up trying to negotiate on opt-out for junior doctors, because we could tell that the working hours requirements would mean that the increase in doctors, which the Labour Government was bringing in, would be totally consumed in the first few years. We wanted the directive to be phased, but we then had court judgments that extended it even further. The political impact of that decision did not become apparent until almost 20 years after the original directive.

If democratic accountability means getting rid of decision makers when we think that they have made bad decisions, by the time a European Union decision on some things kicks in, it really is the Schleswig-Holstein question and only three people know the answer: one is mad, another is forgotten and the third is dead. If we had a process of completion that gave us some parliamentary input, we would know where the start and end points were, so we would know where we could use our influence and get the Government to take a stance.

I hope that the Minister will tell us more about the red card, but I also hope that he will say more about whether he envisages Parliament having a role in affecting the decisions of the Government before they go into negotiations. Unless we know beforehand, not only in the European Scrutiny Committee but through a mechanism by which what is about to happen is discussed on the Floor of the House, we cannot influence it. By the time the Minister goes to Brussels, the deals have been struck. Any Ministers who have attended European Council meetings know that they go on the plane, they read their papers, they arrive in Brussels and UKRep gives them a brief with the lines to take. Anyone who tries to unravel anything is told, “That’s the deal; that’s it.” At that stage, anyone short of the Prime Minister cannot unravel the deal.

I want to leave the Minister with a final, incredibly radical thought—a radical retrograde step to some perhaps. At the recent Königswinter conference, I chaired one of the groups and, by way of introduction, I asked everyone to say, going around the table, one thing that they really loved about the European Union and one that they would get rid of tomorrow if we could. The group was half Germans and half Brits, and to my absolute astonishment there was a consensus around the table that the one thing that we should get rid of was the European Parliament. Then I realised the real difference between the Germans and the Brits. We talked about the connection never being made and how a double mandate was the way to link things, but for the Germans the double mandate was to use some MEPs as national MPs, while for the Brits it was to use some nationally elected parliamentarians at the Brussels level.

We must look at the workings of the European Parliament. It will simply not do that our contact with it is getting less and less. With the closed list system, fewer and fewer people know who their MEPs are. The relationship is not only fractured, but virtually non-existent. I am interested to hear what the Minister has to say even about some basic things. He may want to correct me, but we do not automatically issue passes for the House of Commons to Members of the European Parliament, so they have to queue up with everyone else. If we want a proper a dialogue, they ought to be here. I remember that we would not let MEPs have dining rights or book a room, because we thought that they would invade this place in order to enjoy the cuisine. [Interruption.] I give way to my hon. Friend the Member for Blackley and Broughton (Graham Stringer).

Graham Stringer Portrait Graham Stringer (Blackley and Broughton) (Lab)
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I was not going to intervene, but my hon. Friend generously gave way before I asked.

I have two points to make on scrutiny and accountability. The European Parliament does not see itself as being accountable to national Parliaments; in reality, it is in competition, which is why many national parliamentarians around Europe are not in favour of the European Parliament, because it sees its future as taking over our role. Secondly, the rights of MEPs in this House were taken away some time ago.

Baroness Stuart of Edgbaston Portrait Ms Stuart
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The reason why I asked for the debate was to bring in some historical perspective, because since I have been in the House this is the third time that national Parliaments have been resurrected as the panacea for dealing with unaccountability. In the Scrutiny Committee, we have improved our function, but we have not extended that to the whole House. In fact, we have reduced the accountability of Ministers, and of the Prime Minister in particular, through debate in the House, in order for us to know what the Government are doing at the European level. Unless we have some structure or another to do that, we will simply never be at peace or feel that we know what decisions are being made on our behalf, whether we want to influence the decision or to scrutinise it.

09:57
William Cash Portrait Mr William Cash (Stone) (Con)
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I pay tribute to the hon. Member for Birmingham, Edgbaston (Ms Stuart) not only for securing the debate, but for the way in which she has deployed her arguments. She has been in the House for about 10 years, I suppose—

Baroness Stuart of Edgbaston Portrait Ms Stuart
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Seventeen years.

William Cash Portrait Mr Cash
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Seventeen years! I am only getting close to 30 years. It is extremely refreshing to hear such cogent and well thought out concern about the whole European issue, which has dogged our political debates for the 30 years or so that I have been in the House—whether there is any connection, I cannot say. Today, the one thing that saddens me slightly and, I dare say, her, too, is that so few people are participating in a debate about what is at the heart of our democratic system. I regard this matter as being not “about Europe” but about Britain, and about democracy, which is not peculiar to any one country.

Our democratic systems have, in real terms, emerged since the 19th century, because of John Bright and others. I mention his name because the hon. Member for Birmingham, Edgbaston represents part of his old constituency, before it was Birmingham Central. His fight for the working-class vote was in essence the beginnings of our democratic system. The Conservative party, under Disraeli, gave in to the pressures. There is no need to go into the detail, but it was incredibly important and was based on the assumption that when people went into the polling booth and cast their vote secretly in a ballot box—that was the system that was devised in the late 19th century to ensure that the people had their say—we had a democracy. Other countries have run parallel with that, so the issue is not exclusively British but applies elsewhere in the whole of the European continent and the rest of the world.

I fear that with the movement towards bigger regional systems, even those who claim that they want world government ignore national identity, traditions and democratic systems, and therefore in essence national Parliaments, at their peril. The European Union, which I voted for as the European Community in 1975—I said yes—has since moved inexorably along a trajectory towards more and more centralisation and less and less national involvement.

The Minister for Europe is here. He and I have engaged in debates and discussions on the matter since at least 1988 or 1989, when I was first elected chairman of the backbench committee on European affairs in hostile circumstances. It was interesting that the national parliamentarians who then represented the Conservative party elected me in a secret ballot because I had put out a note explaining why I was standing, which was all about national Parliaments. I had written a pamphlet for the Bow Group called “A Democratic Way to European Unity: Arguments against Federalism” and I followed that up the following year with another called “Against a Federal Europe—The Battle for Britain”. I think I can fairly say—I do so without presumption—that what I set out in those two documents has remained the central problem.

The difference is that the evidence now demonstrates the analysis of where we were going wrong, which was further and further integration, and that was in the 1988 to 1991 period. Since then, we have had Amsterdam, Nice and Maastricht, and we have had the constitutional and Lisbon treaties. Irrespective of the evidence, both economic and political, there is increasing distrust not only in the United Kingdom but throughout the whole of Europe. I need not give all the Eurobarometer’s figures, but 72% of those in countries such as Spain and Italy have now decided that they do not trust the European Union. I presume to say that riots, unemployment and the rise of the far right are all things that I said would happen when I wrote those pamphlets back in 1988-91 and since.

Despite all that, as well as the Bloomberg speech and the movement towards a referendum—I believe that there will be a money resolution this afternoon on the European Union (Referendum) Bill—if I am being completely objective, nothing has changed except public opinion. The facts demonstrate that those of us who have argued this case consistently over a long period have been proved right. I am not saying, “I told you so.” The matter is far too serious for that because, as the hon. Member for Birmingham, Edgbaston said, it is about our democratic system.

National parliamentarians are elected by virtue of manifestos in general elections. We ultimately control taxation and spending. That is what determines the nature of our economy, and it also determines public services. If circumstances arise in which the economic and political situation in this country, let alone other countries, becomes dysfunctional and as a result we cannot deliver the prosperity that people want, not only will they become completely alienated from laws that are generated to exclude them from participation in a prosperous business and social environment, but the entire fabric of the European system will disintegrate.

The real problem is the treaties. The issue is no longer just a call for reform. I was anxious for reform, and I have called for renegotiation for as long as I can remember, because I thought the treaties would go wrong. Now that they have gone so wrong, there is no prospect of their improving the situation and, as I will explain, there is absolutely no sign that any Government in any European country are seriously grappling with the intrinsic problem at the heart of the treaties. Governments talk about renegotiation, but we are past that. The reality is that we must leave the existing treaties—I make this point in the context of our national Parliament and our own country—because unless other countries are prepared to face up to the fact that there has been a cataclysmic failure of the system, they will not be impelled to make the changes that are needed to achieve what I still believe in: co-operation on the European continent and in trade.

I need not go into the arguments about trading, because we are talking about national Parliaments, but one reason why the British Chambers of Commerce and others have become so deeply disillusioned by the European Union in business terms is precisely the legislation that has come about as a result of being passed under the aegis of the treaties. Those treaties, because of the concrete framework of the acquis communautaire, cannot be changed without unanimity among all member states, and there is absolutely no intention whatever to make fundamental changes to the treaties.

Graham Stringer Portrait Graham Stringer
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The hon. Gentleman is making a profound point about the inflexibility of the European Union structure. Does he agree that the reason why European Union countries, with the possible exception of Sweden, are unlikely to withdraw support from the current treaties is that they have a history of fascism, communism or of being defeated in wars and controlled by other nations? They do not have the same confidence in their national democracies that we have in this country.

William Cash Portrait Mr Cash
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That is absolutely correct, and is not disrespectful or a criticism of those countries. In the past month I have been to Lithuania twice, and I have great affection for that country. One has only to look at the way in which it has been brutalised for 150 years by successive dictatorships—the Nazis, Russians and Soviet Union—to realise why it would want the security of working within the framework of something bigger. The same applies to Estonia, Latvia and many other countries in central and eastern Europe, so there is an understandable reason for their wanting to play safe, as it were. However, it is not playing safe that is the problem, because the price that people will pay for allowing that democratic system to be so much at risk will be another collapse of those countries if the democratic freedom that they fought for disintegrates as a result of the European Union’s failures.

The fact is that tinkering with the treaties is not the only thing required. It is about the very foundations of the EU, which brings me on to the question of ever-closer union. Certainly that was embedded in the early treaties, including in the treaty of Rome. However, it was not capable of being implemented, unless and until the genie was gradually eased out of the bottle as a result of successive treaty changes. People are cynical about the 1975 referendum, and I understand why. There is plenty of reason to believe that, in fact, it was done with some cynicism by the then Prime Minister, Harold Wilson. However, the reality is that people such as Tony Benn and others, who were involved in arguments on the other side, challenged whether it would ultimately lead to political union.

Although I freely state that I voted yes in 1975, it was because, as far as I was aware, it was going to be a common market. It was not only that, however. It could only become more of an integrated, ever-closer union as a result of further treaties, which is why I most emphatically put my foot down on the Maastricht treaty—I tabled about 200 amendments, or whatever it was—and fought the arguments right the way through from beginning to end, because that was about the creation of European government. There is no disputing that, and I am very glad that the present Prime Minister stated in the House the other day that he thought that there should have been a referendum on the Maastricht treaty. He was right.

We do not need to go into the past too much, but the Maastricht treaty remains at the epicentre of the Lisbon treaty, because the Lisbon treaty is simply a consolidation of all the others. Anyone who cares to get those treaties out can see that, although I have to say that there are not many people who would. Sometimes even I have a great disinclination to get out the consolidated treaties and plough through them, although I notice that the Minister has them on his desk, with lots of little yellow flashes so that he can immediately leap to one article or another. However, I do not think this is about individual articles, nor is it about the intricacies of bits and pieces. It is about the fundamental structure.

Graham Stringer Portrait Graham Stringer
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The hon. Gentleman is right about the Lisbon treaty to a point, but does he agree that there is a fundamental difference between the Lisbon treaty and all the treaties that went before it, inasmuch as the passerelle clauses provide the right to change treaties without going back to the sovereign Governments and Parliaments?

William Cash Portrait Mr Cash
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One of the most offensive kinds of provision that appear in our domestic legislation is the Henry VIII clause, as we call it. The passerelle clause has all the same characteristics; it is a capacity to make changes without having to go back to the source of authority. However, we have to pin our main concerns to the source of authority, which is the European Communities Act 1972 itself. I allude to the White Paper, which was brought out, preceding that treaty, in 1971, and upon which, as a result of a huge amount of discussion in Parliament but not so much outside, the United Kingdom Parliament decided to pass the Act on an apparently—I say “apparently”—free vote. It happened, however, because certain Labour Members at that time decided that they would back Edward Heath’s proposals for what was to be enacted in the 1972 Act.

That White Paper is the foundation of our national parliamentary commitment to the whole panoply, the tens of thousands of lines—millions, I suspect; I have never counted them, thank God—the fabric, the labyrinth and the inexplicable and completely impossible complexities of the legislation, as was clearly demonstrated in yesterday’s debate on the opt-out. The fact is that all that ultimately turns on one piece of legislation, which we entered into voluntarily in Parliament—no doubt some, or perhaps most, did so for the best of motives. What it said was that we will accept all the decisions that are ultimately taken in the Council of Ministers as the legislation of the United Kingdom.

At the same time, we set up a scrutiny process, which I shall come on to in a moment. However, the fundamental issue is that the White Paper stated unequivocally—I do not have the quotation to hand, but I am sure that I will in no way fail to express it clearly—that we must retain the veto in our own national interest and to do otherwise would not only undermine our national interest, but endanger the very fabric of the European Community itself. That was a very wise remark, because as Members will note from what I said at the beginning, the whole of Europe is in convulsion. It is faced not only with a democratic deficit, but with a democratic crisis, and there is not only a eurozone crisis, but a European crisis. It affects the whole of Europe, which is being contaminated by a complete refusal to look at the essential ingredients of the treaties.

Those fundamental questions are now being completely ignored. The hon. Member for Birmingham, Edgbaston referred to COSAC, which, as she rightly said, is not a well-known body. It is the meeting—periodically, but much more frequently these days—of the national chairmen of each of the European scrutiny committees in each of the member states. Believe it or not, its proceedings are recorded. They are even webcast—not, I suspect, that anyone knows that, but it is a fact.

In Dublin, only a month ago, I was invited by the EU presidency—then the Irish Government—to respond officially as the main respondent for the national Parliaments on the question of democratic legitimacy. Viviane Reding, who was meant to turn up, did not bother to. She sent a video, and I can assure Members that the Dublin parliamentarians were not at all amused. That is the manner in which we are being treated—that is all the member states. She said, unequivocally—I paraphrase her remarks—that we need a federation of nation states. It was completely and totally without any attempt to enter a dialogue or a debate. That was the line that she wanted to take; it had already been written. Viviane Reding is the vice-president of the European Commission and is responsible for justice and home affairs—the very matters on which we scored that notable result last night in upholding national scrutiny. However, they are not listening.

In Vilnius, the following month—only last week— Mr Sefcovic, the Commissioner responsible for relations with the national Parliaments and the European Parliament, made his position clear. I arrived in Vilnius at 1 o’clock in the morning, and I was back in London by 7 o’clock that evening. People said, “What on earth did you think you were doing going all the way to Vilnius for four hours?” I explained very simply that, as the Chairman of the European Scrutiny Committee—one of 28 national Chairmen—I had the right to be there and that, when I saw that the meeting was about the next steps towards political and economic union, I knew, in the light of what I know from other sources, that the EU has not the slightest interest in renegotiation; all it wants to do is to press on with the process of integration.

Leaving aside the scrutiny process, it was interesting that an increasing number of member state Parliaments are conscious of the impact that these issues are having on their populations, on which they rely for re-election, and of the fact that they must respond. A silent revolution is in the making. I am not going to exaggerate these things, but there is an issue when the Belgian representative gets up and starts talking about Belgium’s problems with democratic legitimacy. I cannot think of one of the 28 member states that does not, in the relevant chamber or outside, in the margins, over coffee, lunch or dinner, refer to the problem of democratic legitimacy.

The issue is terribly simple: if we do not get rid of the existing treaties and deal with the fundamental structure, there is no answer to the question of democratic legitimacy. We do our best in the European Scrutiny Committee. When I was first elected Chairman, at the end of 2010, the first thing I did was to set up an inquiry into the European Union and the sovereignty of the United Kingdom Parliament, which is basically what we are discussing. I wanted to get expert evidence, and we did. Our report came out, and we made it clear that national Parliaments actually have the last say. We voluntarily introduced the 1972 Act; that is what the principle involved in the Factortame case is all about. It is not, as some people believe, that we are locked into a completely irreversible situation. Although the treaties say, as the Maastricht treaty did, that the euro, once entered into, is irrevocable, individual member states must voluntarily decide to accept that system.

At the moment, there is no recognition whatever that things are going wrong. There is not the slightest intention to change the foundations of the treaties, which is absolutely what is needed if we are to preserve democracy in each member state, including in the United Kingdom. Whether we are in the euro is by the bye; the fact is that all the other legislation that affects our economy every day must be subject not merely to a competence review, but to a clear decision. I look to the Minister, because the issue is his responsibility, although he will, quite understandably, take his instructions from No. 10.

I admired the fourth principle of the Bloomberg speech, which said that the fundamental principles of our national democracy depend on our national Parliaments. The Prime Minister was right; the question is whether we do anything about that. We are promising a referendum in 2017, but that is far too late. The fact is that it should be held before the general election, because we have profound reasons for getting on with it. In Dublin, when I had finished making my rather strong remarks about the state of the European Union and the role of national Parliaments, the chairman of the Bundestag’s European affairs committee said, “We must have a referendum in the United Kingdom as soon as possible, because people do not like the uncertainty,” and that is right.

We now have two Governments and two Parliaments, both dealing with the same subject matter. That inherent contradiction is completely unworkable. There are attempts at assimilation, but they just create a more complicated labyrinth, as a result of which the whole situation becomes increasingly dysfunctional. What is more, the creation of a two-tier, two-Government, two-Parliament Europe with no real connection to anything is happening before our very eyes, without any treaty changes. That is why a referendum is required.

The fundamental reason for holding a referendum is that a fundamental change is taking place now in the relationship between the European Union and the United Kingdom. We are not talking about change in 2017; indeed, there may not be another treaty—I cannot say, although the Minister probably knows. However, whether or not there is another treaty, and whether or not there is renegotiation and some nibbling here and there—some of it may sound attractive to some people—that will not change the basic structure. That is what is wrong, and that is why national Parliaments must reassert themselves. They have the power to deal with their respective parties, particularly from the Back Benches, including by persuasion. I was extremely glad that the Government listened yesterday. It was partly a numbers question; we live in a civilised world, and we appreciate that there are times when Ministers recognise that they do not have the support that they need. Three Select Committee Chairmen got together—other members of the Liaison Committee were also involved—and that created a bit of a problem for the Government. None the less, we are grateful for what happened.

The hon. Lady mentioned consensus and the fact that there are rarely votes. I simply recommend that people read VoteWatch, which is produced by Simon Hix of the London School of Economics. It has demonstrated that where there could be different outcomes, all countries end up agreeing on 90% of the legislation, and I believe that the figure has increased since Simon Hix looked at that. Part of the problem is the qualified majority voting system and part of the problem is the co-decision system, but I shall park those issues. However, that is how the system overcomes the issue of what national Parliaments could decide for themselves if they regained the power that they should regain for themselves. I also recommend that people read Professor Damian Chalmers’s paper on democratic self-government, which will prove to be a seminal contribution to this debate. He will give evidence to the European Scrutiny Committee quite soon.

What worries me about the red card system is that it is a further indication of a refusal to grapple with the essential question—that we should end up as an association of nation states that have a veto where necessary, but that co-operate where possible. We should also be able to trade and to work in political co-operation with our neighbours, without being governed by them. The red card system is liable to increase federal arrangements. I do not see why, when this Parliament, as a national Parliament, says that it does not want a measure, we should then be obliged to say yes to it, just because we do not reach a certain threshold when other member states, for completely different reasons, say they want the measure or are not prepared to stand up and say that they do not want it.

That goes back to the fundamental question on which I will end. It is about the ballot box, freedom of choice and those questions that people fought and died for, and that should determine our attitude towards not merely nibbling at, revising or reforming the European Union, but dealing with the real problem: the foundations of the treaties themselves. It may be a big ask to expect the Minister to agree, but if we do not deal with that, just as those of us who found that what we said in the 1990s has not exactly been proved wrong, we will be in a similar place in 10 or 15 years’ time, and, regrettably, by then I fear it will be too late.

10:30
Emma Reynolds Portrait Emma Reynolds (Wolverhampton North East) (Lab)
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It is a pleasure to serve under your chairmanship, Mr Chope, in a debate that is of great interest to you. I congratulate my hon. Friend the Member for Birmingham, Edgbaston (Ms Stuart) on securing the debate and on a characteristically thorough and forensic speech, which drew on not only 17 years in the House, but many weeks and months—I do not know how many—on the Convention on the Future of Europe. She is a real expert and it was a great pleasure to hear her this morning.

I agree in particular with my hon. Friend’s overall argument that national Parliaments need to play a much greater role in holding to account not only the European Union, but our own Government’s decisions on Europe and the formulation of European legislation and policy. She and many other right hon. and hon. Friends, some of whom are here this morning, want parliamentary scrutiny of the EU and what our Government do in Europe to be enhanced and improved. That objective unites pro-Europeans and Eurosceptics, and hon. Members from different parties alike.

I agree with my hon. Friend’s specific point that it is regrettable that one of the first actions of the Government when they came into power in 2010 was to do away with pre-European Council debates. It is unsurprising that she, and others present and beyond our debate today, complained repeatedly about the decision, but unfortunately it was to no avail. While other member states are improving their scrutiny of their Governments’ decision-making and negotiating strategy ahead of European Councils, our Government have taken a retrograde step and have in effect decreased scrutiny. The Government have not simply done away with the pre-Council debates, but the post-Council debates are now combined with major issues of concern—whether Afghanistan or the horrific murder in Woolwich. Such subjects and the post-European Council report need to be separate. They are too important to be combined. Notwithstanding the scrutiny of the European Scrutiny Committee, it is vital that scrutiny also takes place on the Floor of the House, as she set out, so that all right hon. and hon. Members have the opportunity to scrutinise how the Government represent the UK in the EU.

The starting point from which I approach the debate is perhaps different from that of some hon. Members who have spoken. I am a passionate believer in our membership of the EU. I am both pro-European and passionately in favour of reform. Just because I believe in our membership, that does not mean that I think the EU is perfect—far from it. I spent six years of my life working and living in Brussels; I have seen at first hand the many imperfections of the EU. A vital part of EU reform lies in the issue that we are focusing on today: strengthening the accountability that national Parliaments have over European decision-making.

The shadow Foreign Secretary, my right hon. Friend the Member for Paisley and Renfrewshire South (Mr Alexander), in a speech in January this year, set out proposals for a red card system. It took the Government five months to come to the same conclusion, but we were encouraged—better late than never. As hon. Members are acutely aware, the current yellow card system was introduced by the Lisbon treaty, which the Labour Government negotiated. It gives national Parliaments the ability to force the European Commission to reconsider its proposals if they believe that a proposal violates the subsidiarity principle.

William Cash Portrait Mr Cash
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I do not think that anyone could honestly say that the yellow card system has been a stunning success, given the number of occasions we have reached the threshold. That is also a problem with respect to any possibility of a red card system, leaving aside the federalisation they both imply.

Emma Reynolds Portrait Emma Reynolds
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I do not claim that the yellow card system has been a stunning success. As the hon. Gentleman set out, it has been used successfully on only one occasion —the so-called Monti II proposals, which were then withdrawn by the European Commission. Just because the yellow card system is not a success at the moment, that does not mean that it could not be made to work better. I will move on to that and better co-ordination of national parliamentarians in a moment.

The Labour party is committed to pushing for a red card system when in government. It would, in effect, turn the yellow card into a red card, by stating clearly that a third of national Parliaments being against a proposal is a veto. It would not force the European Commission to reconsider, but would say, “No. Stop. Stop that proposal. One-third of national Parliaments have great concerns, therefore withdraw it.”

Even within the current treaties, the yellow card system could be made to work better, which brings me to the hon. Gentleman’s intervention. Charles Grant, the director of the Centre for European Reform—a think-tank that is well reputed and thorough on such matters—has suggested creating a national parliamentary forum in Brussels of MPs from different member states. I would be interested to know whether the Minister for Europe has considered that proposal. I regret to hear that European Commissioner Viviane Reding did not turn up to the meeting when the hon. Gentleman was in Dublin. Perhaps a new forum, made up of MPs—not necessarily including Chairs of Scrutiny Committees—meeting in Brussels could better hold to account European Governments, who have permanent representations. As my hon. Friend the Member for Birmingham, Edgbaston suggested, there should be better political oversight of such representations.

William Cash Portrait Mr Cash
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Holding a gathering of MPs to talk about issues is not the same as holding people to account. Holding people to account means that there is a vote, within a constitutional structure that requires people to answer questions, and if the people who have the numbers on their side do not like a proposal, the Government’s position changes, as happened last night. The hon. Lady is suggesting a Parliament of fools.

Emma Reynolds Portrait Emma Reynolds
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The hon. Gentleman has not even allowed me to finish my point. If he considers the proposals from the Centre for European Reform, he will see that they are not about a talking shop. With great respect, I know that he sits on COSAC, which my hon. Friend the Member for Birmingham, Edgbaston mentioned, and that committee needs to be vastly improved from its current formulation and in its make-up. Mr Grant says that it does not give MPs a big enough stake, is only consultative and is often treated “disdainfully” by MEPs—his word, not mine.

There is clearly a great—[Interruption.] Would the hon. Member for Stone (Mr Cash) at least give me the courtesy of listening to my response to his intervention? There is clearly a great problem with the current set-up, and having a presence in Brussels of national parliamentarians who could have a vote and scrutinise more closely the decisions taken by our and other Governments deserves closer consideration, rather than just saying that it would be a gathering of fools—a statement with which I profoundly disagree.

I recently met the Speaker of the Dutch House of Representatives, and she has an appetite, as do colleagues in other member states with whom I have discussed the matter, for Parliaments to work more closely together. The Government could give greater consideration to the successes in the Dutch, Danish and German Parliaments. For example, in the Netherlands, the standing committees—akin, I think, to our Select Committees—choose proposals from within the Commission work programme that they see as priorities and about which they might have concerns, and they refer them to their European affairs committee.

Our departmental Select Committees are not involved enough in proposals at an early stage, or even at later stages, and I would be grateful if the Minister could say something about what the Government could do to drive greater consideration and scrutiny on a policy-by-policy basis, given that, as has been said, a lot of European policy is not foreign policy—as my hon. Friend the Member for Birmingham, Edgbaston said, it is an anomaly that it is often treated as such. Our departmental Select Committees could learn from the experience of the Netherlands.

Baroness Stuart of Edgbaston Portrait Ms Gisela Stuart
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My hon. Friend reminds me of another idea, which at some stage was discussed. What does she think of the suggestion that, rather than us going to Brussels, the Commissioners come here at the beginning of the work programme? They could give evidence to a Select Committee, or be here in Westminster Hall and answer MPs’ questions about the forward programme.

Emma Reynolds Portrait Emma Reynolds
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I welcome that suggestion, and the idea should be considered. European Commissioners do come to our Parliament, but not systematically.

In Denmark, before European Council meetings the Prime Minister has to go before the European committee to discuss her negotiating strategy, and in the German system, the Bundestag now has much greater power to scrutinise the Government’s negotiating strategy for those meetings. Our Prime Minister, when he had just been elected as party leader, told the party to “stop banging on” about Europe, and there are rumours in today’s press that the first report on the balance of competences, which we all await with bated breath, has been put off until after the summer, apparently because Ministers are fearful of their own Back Benchers. I would be interested to hear why a dispassionate, objective assessment of the balance of competences should be put off in that way. The Government again seem to be putting the party interest before the national one. We are worried that they feel compelled to delay the initial report, and we are greatly interested in what the Minister has to say about that.

This debate comes at a particularly important time, because the eurozone member states are likely to pursue further integration among the eurozone 17. Their Parliaments, and those in non-eurozone member states such as ours—there are 10 others, including Croatia—will need to scrutinise better what happens and what the dynamic is between non-eurozone and eurozone member states.

In conclusion, it deserves to be repeated that it is regrettable that the Government have abolished the pre-Council debates. I would like to see them reintroduced. Scrutiny in Committees, such as the one chaired by the hon. Member for Stone, is all well and good but nothing substitutes scrutiny on the Floor of the House. The Government should learn from the Dutch, Danish and German examples, drive better and closer co-ordination between national Parliaments from across the 28 member states, make the yellow card system work better and consider introducing a red card system.

10:45
David Lidington Portrait The Minister for Europe (Mr David Lidington)
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I congratulate the hon. Member for Birmingham, Edgbaston (Ms Stuart) on securing the debate, and on the presentation of her arguments. I can assure my hon. Friend the Member for Stone (Mr Cash) that I have never had any intention of seeking to appear before his Committee via a video link. I have always much preferred that he and I look each other straight in the eye, person to person.

William Cash Portrait Mr Cash
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It was not a video link—it was a video.

David Lidington Portrait Mr Lidington
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Well, that is something best avoided in any meeting with parliamentarians, if humanly possibly.

I will try to respond to the various points that were made, in particular by the hon. Lady. She posed a number of questions and challenges, some of which focused on how we do European business here in Westminster, and others that centred on what might be done in the broader European Union context, and how national Parliaments should fit into the legislative process and decisions taken at European level.

I shall start with the hon. Lady’s points about how we deal with European business here at Westminster. Her most important point was that it was vital to find a way to engage and involve a rather larger number of Members in European business. I have to confess that when I go in to the Chamber for a debate on Europe, or in to a Committee, I feel at times like a cut-price version of Henry V before Agincourt. It is a matter of:

“We few, we happy few”

that are gathered together, and it is very familiar faces, from both sides of the House, that tend to feature. It is, however, not a Government matter, but a problem for Parliament. Parliament must take more seriously its collective responsibility as an institution to see, rightly or wrongly—individual hon. Members will have their own views on this—that we live in a world in which European Union business should be treated as mainstream political business, and not as something that can be quietly shoved off to some annexe next door and left to specialists to get on with in peace and quiet. The decisions that British Ministers of any party take in the Council of Ministers have an impact on the lives of the constituents of every Member of this House and I agree, therefore, with the thrust of what the hon. Lady said.

I disagree with the hon. Lady, however, in that I feel that the focus should not be just on the Chamber. The Chamber is clearly important, but we need to consider the role of Committees, including departmental Select Committees. In various evidence sessions with the European Scrutiny Committee over the past couple of years, I have tried to emphasise my growing belief that part of the answer lies in persuading the departmental Select Committees to give greater priority to that aspect of their work that covers European Union business. That is a matter for Select Committees, and it would be wrong for the Government to get into the business of seeking to give them instructions—the powers are already there within the terms of resolutions. It is primarily for those Committees to take ownership of those agendas and drive them forward. They can by all means invite European Commissioners to give evidence and by all means go to Brussels every now and then to take evidence and meet informally with people in the European institutions who are involved in legislation.

I look forward to the forthcoming report from the European Scrutiny Committee on the scrutiny process. I am sure that many of the matters that have been touched on this morning, such as whether we should move towards a mandate model of scrutiny along the lines of what the Scandinavian countries have, will be addressed in that report, and I obviously do not want to pre-empt the Government’s response to it. I say to the hon. Member for Wolverhampton North East (Emma Reynolds) that one of the characteristics of that mandate system—she rightly drew attention to some of its virtues—is that the sessions between the Minister and the committee to discuss a negotiating mandate take place in closed session. The public and press are not admitted and the report is not public, at least until after the negotiations are concluded.

Baroness Stuart of Edgbaston Portrait Ms Gisela Stuart
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Each of these systems has advantages and disadvantages, but could the Minister address where he would assume the collective memory of Parliament on these debates resides? The decision-making process in Brussels is so long, even with one term. Where would he focus that collective memory?

David Lidington Portrait Mr Lidington
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That is a very good point. To my mind, it means that one needs to focus the collective memory of elected Members through the members of the Liaison Committee, which is composed of relatively senior Members of Parliament, and through the system of the Committee Clerks. If we look at our Parliament’s representation in Brussels, we have some very talented people representing the two Houses, but that amounts to three staff. The Bundestag and the Bundesrat have 18 or 19 people between them, and that is on top of the German federal representation and the representative offices from each of the German Länder that are present in Brussels. Again, Parliament should consider the question of whether our level of representation and the number of people we have on the ground in Brussels are sufficient, but the Government cannot, or should not, issue instructions on that.

The hon. Lady asked whether COSAC could be improved, and my answer is definitely yes. It is an imperfect organisation, and it could be strengthened through reforms to the secretariat or through a formal power to summon commissioners, rather than expecting commissioners by convention to come and give evidence. It is not just about the formal meetings of COSAC, because if any system of red or yellow cards is to be effective, there has to be a culture of talking and working together that means that different parliamentary representatives, and in particular the chairs of the relevant committees, are used to having contact with each other in networking and co-ordinating an approach to a particular Commission draft measure.

The hon. Lady asked about the role of the Europe Minister, and she was very fair in how she put it. There is a perfectly legitimate debate to be had in this country about where that office sits. Some argue that it should sit in the Foreign Office. Others argue that it should sit in the Cabinet Office and so be directly accountable to the Prime Minister. Some argue that it should be a self-standing Department or be located in Brussels, in effect performing the political office of the permanent representative. In France, Germany, Poland and Spain my counterparts sit in their respective Foreign Ministries. In Sweden, however, the Europe Minister sits in the Prime Minister’s office and reports directly to the Prime Minister, although she represents a different political party from the Prime Minister in the current coalition.

The key thing is not where the Europe Minister sits, but how the right level of co-ordination and accountability is achieved across Government. The Europe Minister could be put in the Cabinet Office, but that raises the question of how the work at Brussels, which is certainly cross-departmental in Whitehall terms, is co-ordinated with the bilateral diplomatic work that has to be done with 27 other member states, because European business cannot be done in Brussels alone. I would be worried about a gap opening between a Minister dealing with Brussels business and a Minister dealing with our diplomatic efforts on, for example, Germany. We try to co-ordinate our conversations with German Ministers across all relevant political dossiers. When I see German counterparts, I do not talk strictly about Foreign Office business; I talk about financial services, the European budget and whichever European issues are high on the agenda at that moment.

The key is to have effective co-ordination through a Cabinet system, which we do through the European Affairs Committee of the Cabinet. I repeat the point I have made elsewhere: the permanent representative, who is a professional civil servant, follows the mandate set by the Cabinet. If he wishes to move from the mandate he has already been granted, he has to go back to Ministers and seek their agreement and authority to go beyond it.

On the question of yellow and red cards, under the current system national Parliaments or chambers of national Parliaments can submit a reasoned opinion that a draft directive or regulation fails to comply with the principle of subsidiarity. They have to submit that within eight weeks of the formal communication from the Commission about a draft measure. One third of the voting weight of national Parliaments needs to be signed up for the Commission to be compelled to carry out a formal review, and the reasoned opinion may only be submitted on the grounds of subsidiarity. We could make more use of reasoned opinions than we do. I know that my hon. Friend the Member for Stone is meticulous in looking at the legal grounds of a directive and whether it meets the subsidiarity test.

The Westminster Parliament has so far submitted fewer reasoned opinions than some Parliaments in other member states, but we could look to reform the system. Is eight weeks long enough? Should we not give national Parliaments longer to consider their response? There is an obvious problem with recesses. Should we reduce the threshold below a third? Should we widen the grounds for challenge? If we have subsidiarity, why not have proportionality as well? Why not have some sort of test on excessive burdens on business, or on whether there is evidence that a draft measure would have a harmful impact on European growth? Why not make provision for the yellow card to become a red card under certain circumstances, with an outright veto that national Parliaments could impose? Could we give national Parliaments the power to impose an emergency brake in certain circumstances?

William Cash Portrait Mr Cash
- Hansard - - - Excerpts

Will the Minister give way?

David Lidington Portrait Mr Lidington
- Hansard - - - Excerpts

If my hon. Friend will forgive me, I have very little time left. Could we give national Parliaments an emergency brake to throw an issue to consideration by the European Council? Should we provide powers for a yellow or red card retrospectively, so that national Parliaments could, as a group, insist that the institutions consider repealing or amending a directive that was part of the acquis? Should we give national Parliaments the power to bring forward an own-initiative report? In the hands of the European Parliament, that instrument has been significant in helping to shape policy development.

I liked the idea from the hon. Member for Birmingham, Edgbaston of some act of oblivion at the end of a Commission’s term. Under that idea, a measure that had not completed all stages would be deemed automatically to fall and would be reconsidered in the next Commission and the next European Parliament.

Ideas about a conference of national parliamentarians or a second chamber for the European Parliament are part of the discussion, although there are some serious practical issues to be considered. How would such an institution fit into the legislative process? How could it be made to work in practice, given the other parliamentary and constituency duties that Members of this House have to carry out?

I am conscious of the fact that giving a stronger voice to national Parliaments is only one aspect, though a significant one, of the reform that is necessary to make the European Union more accountable and more democratic than it is currently. It is in all our interests that a way is found to overcome the profound public disaffection that we see throughout the continent on European decisions. There is no European demos, and strengthening the voice of national Parliaments is the right way forward to restore greater democratic accountability to the EU.

Bill of Rights (Northern Ireland)

Tuesday 16th July 2013

(10 years, 9 months ago)

Westminster Hall
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09:00
Naomi Long Portrait Naomi Long (Belfast East) (Alliance)
- Hansard - - - Excerpts

I am pleased, Mr Chope, to have secured this short debate today to raise with the Secretary of State the issue of the Bill of Rights for Northern Ireland. It is a busy day in Parliament from a Northern Ireland perspective—the Committee on the Northern Ireland (Miscellaneous Provisions) Bill is meeting and the Secretary of State is due to make a statement in the House on the appalling and disgraceful scenes of rioting and serious disturbance that have affected many parts of Belfast, including my own constituency of Belfast East, in the past few days. I am pleased that the Secretary of State has been able to attend the debate, and that the shadow Secretary of State, the hon. Member for Gedling (Vernon Coaker), has been able to join us for at least part of the discussion. I do not intend to detain the Secretary of State for too long on this issue.

The Bill of Rights is an important matter and the timing of this debate is appropriate. We stand here 15 years on from the Good Friday agreement which, notwithstanding the continued instability that we have witnessed over recent weeks and months, has laid the foundations for the significant transformation that has been delivered in Northern Ireland.

No agreement is perfect, and that includes the Good Friday agreement. I do not believe that every dot and comma of it must be protected for all time against change and evolution of Northern Ireland politics and society. However, its principles are hugely important and provide an agreed foundation on which we can build for the future. Indeed, my own party has argued for significant changes to the Strand 1 structures that govern the operations of the Assembly. Those changes would create a more normalised form of governance with a properly funded and resourced Opposition to hold the Executive to account, and with weighted majority voting replacing the current petition of concern arrangements, which are increasingly being misused. Such reforms are within the spirit of the agreement and are not a challenge to its key principles.

However, the Good Friday agreement was a carefully balanced package of measures that were endorsed by referendums in both Northern Ireland and the Republic of Ireland, so it is important that all parts of it are implemented. It is therefore of concern that so little tangible progress has been made over the past 15 years on the matter of the commitment within the agreement to develop a Bill of Rights for Northern Ireland, which would address the specific circumstances of Northern Ireland after 20 years of the troubles.

In response to previous written and oral questions on the Bill of Rights, the Minister of State has indicated that this is a matter on which Northern Ireland parties must first reach consensus before the Government will act to legislate. Although I acknowledge that consensus is important and that it is currently absent, I do not believe that that is grounds for inaction on the Government’s part. It is the duty of Government as a co-guarantor of the agreement and as a signatory to it to engage proactively with all stakeholders, including political parties, to seek consensus on this and other outstanding issues. There is a particular responsibility around leadership on such issues when they are reserved matters.

Although the primary purpose of seeking this debate is to discuss not the content of any Bill of Rights, but the process by which the Bill can be advanced, it is important to put on record my own party’s broad views on the Bill of Rights. Alliance recognises that human rights are inherent and universal. There is scope for different jurisdictions to recognise different rights in domestic law, provided of course that no inappropriate inequalities are created in doing so. Rights and a framework for the delivery and protection of rights are important to protect individuals and minorities against the state and against others. However, any dialogue around rights cannot be separated from responsibilities. Those claiming rights cannot do so without some consideration for the maintenance of the framework of a democratic society based on the rule of law that provides for the exercise of rights. That is particularly important to emphasise in the context of the past few days when tensions between competing rights have spilled over into lawlessness in a way that is both destructive and reckless.

In broad terms, Alliance believes that any Northern Ireland Bill of Rights must be realistic and capable of being enforced through our own courts, consistent with European and international standards, and flexible enough to take account of changing circumstances in an evolving Northern Ireland. Furthermore, it must avoid entrenching any particular view of identity, such as the notion of two separate communities in Northern Ireland, which could reinforce sectarian divisions. Equally, it should avoid giving group rights precedence over the rights of the individual in a manner that would do likewise.

My reason for raising the issue at this time is in part also linked to the progress being made by the Northern Ireland (Miscellaneous Provisions) Bill. The previous Secretary of State, the right hon. Member for North Shropshire (Mr Paterson) wrote to all party leaders about the Bill on 5 September 2011, seeking views on a number of measures that he hoped to include within the Bill. In the seventh paragraph of his letter, he raised the issue of the Northern Ireland Bill of Rights in which he offered two options for taking the matter forward. He said:

“There remains disagreement about possible further rights protections in Northern Ireland. I have agreed with the Lord Chancellor that any specific supplementary rights for Northern Ireland should be implemented in a separate section of any legislation that would give effect to a UK Bill of Rights. However, our forthcoming Bill may provide opportunities to handle this issue differently by, for example, giving the Assembly power to take forward work, or even legislate, in this area.”

At that time, the Alliance party view would have been that a UK-wide Bill of Rights could have provided a suitable vehicle for progressing the Northern Ireland Bill. Although Northern Ireland is a distinct society in many respects, it does not and should not exist in a self-contained bubble. It is part of a wider UK, all-Ireland and European and international context. In a globalised and interdependent world, individuals are interacting much more across frontiers, and human rights protections must recognise and respond to those challenges.

It was originally envisaged that any Northern Ireland Bill of Rights would be created in the context of a common platform across the UK provided by the European convention on human rights, but no wider UK Bill of Rights. However, Alliance recognised at that point that any process to formulate a Bill of Rights for Northern Ireland would have to relate to any potential UK Bill of Rights. That could still have entailed a separate chapter for the Northern Ireland Bill of Rights or a chapter within a larger document, provided that the subtleties of the situation in Northern Ireland were respected. However, it would be fair to say that the UK Bill of Rights has been kicked into some very long grass at this point and that we are unlikely to see it delivered in the medium term.

It is also the case that the opportunity to legislate for the Bill of Rights as part of the Northern Ireland (Miscellaneous Provisions) Bill has also all but expired as the Bill is now making speedy progress through the House of Commons and the Bill of Rights issue was not included within it or within the consultation that preceded it. Will the Secretary of State say how she intends to make progress with respect to the Bill of Rights in the absence of either of the identified options to do so?

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
- Hansard - - - Excerpts

I thank the hon. Lady for making such a valuable contribution to Westminster Hall. She will be aware that the recommendations contained in the Bill of Rights forum and those made by the Northern Ireland Human Rights Commission seem to suggest that abortion will be more freely available, and that there is a need to increase the age of criminal responsibility. The hon. Lady will know that the Democratic Unionist party, of which I am a member, the Ulster Unionists, the Orange Order and the Roman Catholic Church have objections to almost all of, or parts of, the recommendations put forward. How does she see the Bill of Rights going forward when so many people are against it? Does she not feel that we can go forward only when there is a consensus to agree with it across the whole of the community?

Naomi Long Portrait Naomi Long
- Hansard - - - Excerpts

I thank the hon. Gentleman for his point. He reinforces what I said earlier about there being no consensus on the issue. However, I want to address some of what he said. There are two narratives around the Bill of Rights. One is an expansive Bill of Rights, which includes a lot of detail, such as socio-economic rights to which he refers, and there are others who believe that that is not the role of the Bill of Rights. They believe that it should enshrine broader principles around which the country should protect people’s rights as individuals. I would tend towards that more broad definition rather than the more detailed definition that would include socio-economic rights. Abortion, the age of consent and various other issues are best dealt with through the normal democratic and legislative process and not through a Bill of Rights. That is my view and the view of my party. However, a Bill of Rights approach can inform how the debate on those issues takes place, but it is not the job of the Bill of Rights to supersede the work that Parliament or the Northern Ireland Assembly do when legislating on matters of socio-economic importance. That is part of the democratic imperative that must be maintained regardless of whether or not there is a Bill of Rights.

The hon. Gentleman is correct to say that the Bill of Rights has caused controversy. The forum for the Bill of Rights sat from December 2006 until March 2008 and produced what is probably one of the most non-consensual reports that has ever been produced in Northern Ireland, which in itself is quite an achievement. In addition, the Human Rights Commission’s advice to the Secretary of State, which was delivered back in 2008, also drew fierce opposition from some quarters. Clearly, there is still much work to be done. I am not suggesting that we are at a point where a Bill of Rights is ready to be drafted and put to Members for agreement. However, the fact that there is work to be done should be an impetus to doing that work.

In conclusion, as with many other difficult issues, consensus is currently absent, whether it be on parades, on flags and emblems, on building a shared future, or on dealing with the past and its legacy. The Executive have convened talks, which will happen during the summer and in the autumn, to address those issues and to seek sufficient consensus to make progress on all of them, in an attempt to give renewed energy to the discussions and to end the inertia that has characterised the process of late. I believe that is welcome. I also believe that Dr Richard Haass agreeing to chair those talks impartially will add its own momentum to them. However, it is very clear from research conducted by the Northern Ireland Human Rights Consortium that a significant majority of people in Northern Ireland favour a Bill of Rights for Northern Ireland being implemented in line with the provisions in the Good Friday agreement, and that that includes a significant majority of ordinary members of each political party in Northern Ireland, including the hon. Gentleman’s own party, within which I think the support for a Bill of Rights among ordinary members ran to about 80%.

Notwithstanding the political and ideological impediments to reaching sufficient consensus, I hope that today the Secretary of State will at least commit to a process that would help to breathe fresh life into this issue and make good on a promise made 15 years ago, which is still important to so many people in Northern Ireland today.

11:11
Theresa Villiers Portrait The Secretary of State for Northern Ireland (Mrs Theresa Villiers)
- Hansard - - - Excerpts

Perhaps I ought to explain that I am standing in today for my hon. Friend the Minister of State, Northern Ireland Office, because he is busy with the Northern Ireland (Miscellaneous Provisions) Bill Committee. It is a great pleasure to respond to this debate, and I congratulate the hon. Member for Belfast East (Naomi Long) on securing it. As she says, a Bill of Rights for Northern Ireland is an important issue for consideration. It was good to see the hon. Member for Gedling (Vernon Coaker), the shadow Secretary of State for Northern Ireland, with us for a short period, and it is good to see the hon. Member for Strangford (Jim Shannon), whose contribution to the debate was very welcome.

Hon. Members will appreciate the thoughtful and measured way that the hon. Member for Belfast East has approached this subject, which has provoked strong feelings on different sides of the argument. Of course, we in the Conservative party are no strangers to controversies and divided views on human rights matters.

Perhaps it would help if I went back over some of the ground covered by the hon. Lady and went back to the section of the Belfast agreement that deals with rights. There is a degree of ambiguity in the way that section is written. Although the text does not go as far as stating that there would definitely be a Bill of Rights, the agreement certainly contemplated that a Bill of Rights was potentially an important part of the settlement. The Belfast agreement said that the Human Rights Commission

“will be invited to consult and to advise on the scope of defining, in Westminster legislation, supplementary to those in the European Convention on Human Rights, to reflect the particular circumstances of Northern Ireland”.

The agreement added:

“These additional rights to reflect the principles of mutual respect for the identity and ethos of both communities and parity of esteem, and...taken together with the ECHR ...to constitute a Bill of Rights for Northern Ireland”.

Of course, the arguments for and against a Bill of Rights have been debated extensively in the 15 years since the Belfast agreement was signed. I will just give a few examples: there was the Bill of Rights forum that followed the 2006 St Andrews agreement; and there was also the advice offered to the previous Government by the Human Rights Commission in 2008. Among other things, that advice proposed extensive so-called socio-economic rights, including

“the right to an adequate standard of living...the right to work, including fair wages”

and it even included

“the right to have the environment protected”.

Following that, there was the ensuing Government consultation, and the current Government published responses to that consultation in December 2010. The then Minister of State for Northern Ireland—the Minister of State, Foreign and Commonwealth Office, my right hon. Friend the Member for East Devon (Mr Swire)— described the consultation as having demonstrated widespread

“opposition to a wide-ranging Bill of Rights and support instead for a more limited set of rights... This divergence of views was also reflected in the submissions made by political parties in Northern Ireland”.—[Official Report, 16 December 2010; Vol. 520, c. 131WS.]

In fact, as the hon. Member for Belfast East said, there are few issues in Northern Ireland that have caused such divided views or that have been so thoroughly examined and debated as the subject of our debate today.

Despite that, however, 15 years on from the Belfast agreement, it is clear that there is no consensus on how to move forward, and I am afraid that there is no sign of one emerging in the immediate future. That was the case under the previous Labour Government, and I am afraid that it has remained the case under the current Government.

My predecessor as Secretary of State for Northern Ireland—the Secretary of State for Environment, Food and Rural Affairs, my right hon. Friend the Member for North Shropshire (Mr Paterson)—had numerous discussions on this matter with political parties in Northern Ireland and with other interested bodies. As we have heard, in September 2011, he wrote to party leaders in Northern Ireland, setting out the possibility that the proposed Northern Ireland Bill, which is being discussed upstairs as we speak today, would give the Assembly

“the power to take forward, or even legislate, in this area”.

I am told that he received no responses from the political parties to that part of his letter.

Since last September, when my hon. Friend the Minister of State and I arrived at the Northern Ireland Office, we have discussed a Bill of Rights with a number of organisations and people, including the Irish Government and the Tanaiste. Like our predecessors, we have found little—if any—common ground among them, but that has not been for lack of trying. We have certainly engaged extensively on this matter.

Of course, a Bill of Rights for Northern Ireland would be a matter of constitutional significance. As such, it would be very important to secure cross-community support if it were to have any chance of succeeding. It is not something that could, or should, be imposed over the heads of the people of Northern Ireland by the UK Government acting unilaterally. That position is reinforced by the fact that the main impact of any Bill of Rights unique to Northern Ireland would fall on the devolved institutions. So, before we could make a move towards a Bill of Rights for Northern Ireland, there would have to be broadly based cross-party agreement. The Government would like to see this issue resolved, given the role that the Government played in the Belfast agreement, but we cannot simply conjure consensus into existence.

I should add that the chances of achieving broad agreement on additional rights for Northern Ireland might be better served if some of the advocates of a Bill of Rights were more realistic in their ambitions. Clearly, proposals from some organisations that focus extensively on socio-economic rights are very unlikely to gain cross-party approval in Northern Ireland. However, if that was the route that Northern Ireland wished to go down, the impact on the rest of the UK would also be a factor to consider. For example, there would be complex issues to resolve around the interaction of welfare-type human rights with the principles of parity that currently operate in relation to the benefit and welfare systems. Matters of cost would need to be carefully considered.

As the hon. Member for Belfast East said, this debate is primarily about the means, or process, to deliver a Bill of Rights for Northern Ireland, rather than the content of such a Bill. However, I welcomed her thoughts on the Alliance views on these matters. As she said, it certainly makes sense to focus on a realistic and flexible approach to any future Bill of Rights, which is capable of adapting to Northern Ireland’s changing circumstances. She is right to say that we should proceed with caution against anything that entrenched a particular and restrictive view in relation to identity and against anything that made it more difficult to resolve the sectarian divisions that sadly persist in Northern Ireland society. So I listened with interest to her thoughts on those matters.

Having looked back at some of the statements that the Alliance party has contributed to the debate, I note that there is acknowledgement that significant hurdles are still to be cleared in arguing why Northern Ireland needs to have a fundamentally different human rights regime—especially from other neighbouring jurisdictions. I also acknowledge that party’s statement that the aim of policy makers should not be to preserve Northern Ireland as a place apart, requiring special measures. Those sentiments would be worth considering in terms of a way forward on a Bill of Rights.

The intervention by the hon. Member for Strangford (Jim Shannon) highlighted some of the difficulties here. For example, were abortion to become tied up in the concept of a Bill of Rights, that would be an intensely difficult issue to resolve using a Bill of Rights as a mechanism. That illustrates the difficulties in the way of reaching a conclusion on this matter.

Although there are reasons why further progress on a Bill of Rights will not be easy to deliver, I hope that I can provide some reassurance regarding the protection of human rights in Northern Ireland. It is important to emphasise that Northern Ireland has an extensive, well-developed system of human rights protections, through existing UK-wide legislation—not just the legislation that happens to be labelled directly in relation to human rights, but statutes dealing with matters such as discrimination. For example, fair employment legislation places obligations on employers that are unique in the United Kingdom. In particular, section 75 of the Northern Ireland Act 1998 imposes a statutory obligation on all public bodies to carry out their functions with regard to the need to promote equality of opportunity for everyone. Of course, the Police Service of Northern Ireland has emphasised that it puts respect for human rights at the heart of all its work. That is an important part of policing practice in Northern Ireland. So I hope that no one will seek to say that, without a new Bill of Rights, Northern Ireland is somehow left as a human rights desert. That is certainly not the case.

Looking ahead, if there were agreement on additional rights for Northern Ireland, the Government would examine how best to take things forward. We remain open to the suggestion that work on this, including legislation, could be taken forward by the Assembly. In our 2010 manifesto, we called for the replacement of the Human Rights Act 1998 with a UK Bill of Rights. Although that proposal did not make it into the coalition agreement, were it to be revived in future, the relevant legislation could include a separate section to cover supplementary rights in Northern Ireland, as mentioned by the hon. Member for Belfast East.

In the meantime, both the Home Secretary and the Lord Chancellor have said clearly that, if the Conservatives win the next election, we will seek radical reform of current human rights law. That would include re-examining our relationship with the European Court of Human Rights. However, in considering the future of human rights legislation in the UK we would, of course, give careful consideration to Northern Ireland’s position. We are happy to include debates and ideas on a Bill of Rights for Northern Ireland as part of our general consideration of the future of human rights rules in the UK as a whole.

Jim Shannon Portrait Jim Shannon
- Hansard - - - Excerpts

Just for the record, as I mentioned in my intervention on the hon. Member for Belfast East (Naomi Long), consensus is far from being reached in Northern Ireland. The largest Unionist political parties and other sections of the community are opposed, in part or in whole, including the Roman Catholic Church. Will the Minister confirm that nothing will go forward without the overall agreement of the largest Unionist parties—the largest section of people—and one of the largest Churches and religious groups in Northern Ireland?

Theresa Villiers Portrait Mrs Villiers
- Hansard - - - Excerpts

I can give the hon. Gentleman reassurance of that nature. As I have said, it would be virtually impossible to adopt a Bill of Rights for Northern Ireland without extensive cross-party support. If it were not possible to persuade the major political parties of the merits of the Bill of Rights, I do not see how it would be possible to deliver one.

In conclusion, this has been a worthwhile debate. I noted the reference made by the hon. Member for Belfast East to the Richard Haass working group, which starts its work soon on parades and flags and the past. Naturally, if it wishes to look at Bill of Rights matters, we will consider what conclusions it reaches. The Government will continue to examine seriously any other proposals to resolve the issue. Yet this issue should not deflect us from other important objectives for Northern Ireland that we are focused on, particularly in light of the weekend’s events.

We have to continue our efforts to rebalance the economy and help Northern Ireland compete in the global race for investment and jobs. We need to press ahead with the implementation of the economic package agreed at Downing street last month, between the Prime Minister, myself and the Deputy First Minister. And we must continue working with the Executive to tackle sectarianism and build a genuinely shared future for everyone in Northern Ireland.

The riots that we have seen on the streets of Belfast and other places in Northern Ireland over recent days are disgraceful. It is important that we start to address the underlying social divisions that can contribute to tensions around issues such as parading in Northern Ireland. I look forward to addressing the House on that matter in about an hour’s time.

11:25
Sitting suspended.

Shale Gas (Lancashire)

Tuesday 16th July 2013

(10 years, 9 months ago)

Westminster Hall
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[Mr Joe Benton in the Chair]
14:29
Mark Menzies Portrait Mark Menzies (Fylde) (Con)
- Hansard - - - Excerpts

It is a great pleasure to be given the opportunity to introduce this Adjournment debate on community interests in shale gas in Lancashire, and it is a great pleasure to do so under your chairmanship, Mr Benton.

It is important for Parliament to hold regular debates on shale gas, because there is considerable potential for it to impact on the constituencies of many right hon. and hon. Members. The title of my debate in the Order Paper suggests that I would like to focus exclusively on the financial benefits that shale gas could bring to communities in Lancashire following the recent announcement of a community benefits package by the Treasury and the Department of Energy and Climate Change. As we are still in the early stages of shale gas development, however, I firmly believe that further work is still to be done on a range of other related issues, most notably on regulation, community engagement, the development of a UK supply chain and the suitability of potential sites.

I have consistently campaigned on the regulation of the shale gas industry. In my Adjournment debate in October 2012, I addressed the need for a body to be formed to oversee the workings of the regulatory bodies on matters relating to onshore oil and gas development, because it is imperative that shale gas development takes place only if we have robust regulations in place. I pay tribute to the previous Minister with responsibility for energy, my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes), for responding to those and other issues that I raised in my Adjournment debate and for establishing the Office of Unconventional Gas and Oil.

The Office of Unconventional Gas and Oil must take on responsibility for ensuring that the existing regulatory bodies, namely the Health and Safety Executive, the Environment Agency, DECC and Lancashire county council as the planning and mineral rights authority in Lancashire, work together to deliver a world-leading, gold-standard regulatory framework. It is the responsibility of the office not to become a regulator but to ensure that those that are empowered to be regulators are doing so to an exemplary standard.

I also urge the Minister to ensure that regulations are robust and are developed to ensure the highest environmental safeguards, as opposed to what is simply convenient for the industry. The focus should be on robust regulations and we should try to get away from using words such as “streamlining.” When people hear about streamlining, they interpret it as the watering down of regulations, which I am sure is not the case. Were it the case, it would not be acceptable to me.

I welcome the decision to make environmental impact studies compulsory for shale gas development sites, regardless of size, which is an evolution from where we were two years ago. Regulation is not what is written on a piece of paper; it is about what is enforced. I therefore urge the Government to ensure that we have regular, on-the-ground visits by regulators and inspectors, some of which must be unannounced so that shale gas development sites have the authority of operating to the highest environmental standards and no one is beyond reproach. In order to achieve that, it is important that regulators are provided with sufficient resources to fulfil their role.

We must be able to anticipate future developments as the industry progresses, if shale gas development does take place. We must be fleet of foot to ensure technical changes as the industry evolves and that the regulators and regulations are fit for purpose. For example, it would be inconceivable for regulations on shale gas developments in Lancashire to be entirely enforced by the HSE from Aberdeen. The HSE is based in Aberdeen for various obvious reasons, and therefore if and when the shale gas industry develops in the north of England, it is important that it responds accordingly, with regulators based in a much more localised area. Consideration must therefore be given to the creation of a regulatory hub to monitor the development of shale gas at a local level so that anyone who puts in a freedom of information request or writes to the Minister to discover what he is doing can have confidence that this is being taken seriously and things are being done diligently.

In my first Adjournment debate, I stated my strong opposition to the suitability of the Anna’s road site for potential shale gas extraction. My position remains unchanged, and I welcome the announcement from Cuadrilla that it has put on hold any potential development of the site. Decisions will be taken not by Members of Parliament but by elected county councillors, and therefore I do not plan to say any more on that in this debate.

Finally, I urge the Minister to ensure that there is rigorous monitoring of the traffic light system that was put in place following the seismic tremors in Lancashire in 2011, because it is important that public confidence is absolutely maintained in the system. Much work was done to ensure that the traffic light system was put in place prior to the resumption of fracking, that it is indeed fit for purpose and that we constantly monitor and review it to ensure that it does the job for which it is intended so that we see no repetition of the seismic tremors that we experienced in Blackpool.

Public engagement in any controversial sector is critical, but in something as new and controversial as shale gas it is absolutely paramount. I therefore want to see engagement with the local community at the forefront of what is done by the Office of Unconventional Gas and Oil, the regulators and the industry itself. Although the industry has done some work to address that, it is an area that needs substantially more work as the industry evolves and potentially develops.

When the Office of Unconventional Gas and Oil was established earlier this year, one of its main roles was to support public engagement and to help people to understand the facts about unconventional gas and oil production and what that could mean if it takes place in their area. With such a central role to play in the future of shale gas development, it is important that the office has the necessary resources to help drive public engagement.

Paul Maynard Portrait Paul Maynard (Blackpool North and Cleveleys) (Con)
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I am sorry that I cannot be here for the whole debate, but I have to go to a meeting on the Keogh review rather urgently. Does my hon. Friend agree that the community engagement fund that is being created for the benefit of local communities has to be transparent in its governance and cannot just be dominated by local government interests? Has he considered what types of community organisations could be brought in to ensure that the fund is truly reflective of the local communities that are meant to be benefiting?

Mark Menzies Portrait Mark Menzies
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My hon. Friend is a champion of transparency like no other, and he pursues transparency in other areas of his work. I know that he has now turned his attention to ensuring that shale gas is also transparent. I will touch on some of those issues later in my speech, and I know that other hon. Friends will do so, too.

It is inconceivable that the Office of Unconventional Gas and Oil has a single page on the Government energy and climate change website. I might be wrong, and I stand to be corrected, but this is an opportunity for the Minister and the Department to create an interactive online portal where my constituents and my hon. Friend’s constituents can go to seek information, a myth buster that is scientific, evidence-based and impartial.

I get many questions from constituents, which are often highly technical and which I simply cannot answer. I am a Member of Parliament not a geologist, and I have no background in the oil industry, so I need somewhere I can go to get those questions answered. I pay tribute to the people at DECC who for three years have been studiously answering letters, often through Ministers including the current Minister, but a community interactive portal where people can post questions and in the fullness of time—they will not get instant responses; it may be days, weeks or potentially longer—get impartial, independent and science-based replies would help to take away some of the fear, the unknown and the uncertainty that shale gas currently has for many people. Information and transparency are key.

I thank Duarte Figueira, the recently appointed head of the Office of Unconventional Gas and Oil, for taking the time to discuss with me in more detail many issues relating to shale gas development. He has always found the time and always been courteous. I encourage that sort of attitude and ethos within the office, so that no one can be in any doubt about its willingness to engage and answer questions.

Community involvement is not just a role for the Office of Unconventional Gas and Oil; ultimately, companies must take responsibility for it. I urge them to ensure that they are sufficiently resourced and have the right people in place to deliver quality, effective and impartial community engagement, to tell people what they are doing and when and to take people with them. Ultimately, that is a challenge not for Government but for developers, but I want the Government to oversee it and ensure that they do so effectively.

George Eustice Portrait George Eustice (Camborne and Redruth) (Con)
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My hon. Friend is absolutely right that we must carry communities with us on projects such as this. It cannot be done to communities; it must be done with them. The experience with wind energy, for instance, has not been good when we have left it to the industry to carry communities with them. All too often, the industry expects Government to pass unpopular laws that second-guess the planning system. Does he agree that we need to consider ways to share the economic benefits directly with local communities, for instance through reductions in their electricity bills or rebates in their council tax?

Mark Menzies Portrait Mark Menzies
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My hon. Friend is absolutely correct that what is important is not that the local council, the Treasury or the companies benefit; they would all benefit from the development of shale gas. Ultimately, it is vital that ordinary people in areas hosting sites see meaningful, tangible, long-lasting and substantial benefits. I will touch on that, and I know that the Government have made an announcement on the subject.

Moving on to the development of the UK supply chain in shale gas, some people criticise the Minister for wearing two hats: energy and business. That criticism is short-sighted. Having experience in both makes him absolutely the right person to ensure that we take the right decisions in developing the infrastructure and supply chain across the whole energy sector, and particularly within shale gas.

There has been much speculation in the press about the number of jobs that could be created by shale gas. If shale gas is developed in Lancashire, it is imperative that local people get maximum employment opportunities. From speaking to those in the industry, I understand that a significant number of jobs in shale gas come not from drilling for gas but from developing the manufacturing supply chain and supporting industries.

I urge the Minister to seek close Government working with the industry to ensure the development of a UK—indeed, a Lancashire—supply chain. It would not be acceptable for the equipment to be manufactured overseas when we have UK businesses with a strong engineering heritage and a highly skilled work force in Lancashire. This is a great opportunity to use those skills to develop a manufacturing base in the region to supply equipment for the shale gas industry. In the long term, an offshore shale gas industry could ultimately develop, and that could drive a considerable amount of highly skilled, well-paid, leading technical jobs. It is important that the north of England does not miss the opportunity or shirk the challenge.

I also urge the Minister to ensure that local enterprise partnerships, the Department for Business, Innovation and Skills and the gas companies undertake a scheme to co-ordinate with local colleges and schools to ensure that apprenticeships are offered to those keen to enter the industry and retrain where applicable. People are key, and it is vital that local people get the benefits and do not miss out.

My hon. Friends who have intervened have mentioned community benefits. On the financial community benefits from shale gas, I broadly welcome the overall shape of the proposed package. It is absolutely right that communities that host shale gas pads should also be the primary beneficiaries. I know that the Government and the Minister have put in a lot of work on that issue. I thank the Minister for his work. It is not an easy task.

I also want to make it perfectly clear that the £100,000 paid must be per well fracked and not per shale gas pad. I have read some ambiguity from commentators in the press, although I never believe everything that I read in the press. It is therefore important for the Minister to give some clarity that it is £100,000 per well and not per well pad site. As he is aware, a pad can contain up to 20 wells, so it is therefore imperative that we have clarity in order to avoid confusion in future.

I welcome the principle that communities benefit from a percentage of revenue generated. At the moment, 1% is proposed; I know that some of my hon. Friends wish to speak about that. If it remains at 1%, the money must be highly localised. If, however, a desire to spread the money over a wider area becomes the prevailing mood, we have no option but to seek a higher percentage level, as I am not prepared for the benefit to my communities hosting shale gas pads to be diluted. That is the decision that we must take.

It is right that a significant proportion of revenues—I believe the figure proposed is one third—should go to the county council, as the mineral rights authority. However, I would like the rest of the money to be placed into a community endowment fund to ensure that the communities that host shale gas sites benefit for generations to come. I know that the Minister is driving much work on the issue, and I look forward to seeing the final results. I like the thought of a National Trust-style model, where the money is awarded to causes that benefit the community in the long term. Those could even include major infrastructure projects. However, it is also important that individual people benefit. Options including direct cash payments or money in the form of energy bills must also be explored. My constituents who host such sites, and my hon. Friends’ constituents who will host them in time, must be their prime beneficiaries.

John Pugh Portrait John Pugh (Southport) (LD)
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Does the hon. Gentleman share my view that it is a slight problem that we do not actually know how profitable the shale gas industry will become? If we set the deal too early, we may lose some of the benefits that could accrue to us.

Mark Menzies Portrait Mark Menzies
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If my hon. Friend were sitting closer to me, I would think that he had read my notes, but as he is an honourable gentleman and far enough away, I know that he has not. He is absolutely right. We are in the early days—indeed, the infancy—of the industry. If it goes ahead, we still have questions and uncertainties to get through. It would be wrong to set too firm a percentage level at this stage, but we also need clarity that when a company says that it will pay 1%, or whatever percentage it turns out to be, it cannot renege or change its mind when the ink is barely dry. With the best will in the world, companies change chief executive. They can be taken over. Governments also change. The intentions being set out honourably at this moment in time could change in future.

We also do not yet know how profitable it will be or how much money it will cost to extract the gas, or what future gas prices may be. It is therefore important that the level set is sustainable for local communities and everyone else who has a stake, including the Government and the operators. It is in no one’s interest for the benefits to yo-yo and fluctuate to such an extent that no one knows what they are getting.

Some colleagues have called for a statutory underpinning for the agreement, so that the industry and Government cannot renege. I will put my trust in the work that the Minister is doing at this stage, but I seek assurance that were a company to renege on its commitment, the Government would not shy from being direct with it to ensure that the community benefit package was not lost to the people whom I represent.

Shale gas is controversial, but the Government are engaging with the issue and taking some tough decisions. I will be a critical friend of the Government. If they are not getting the regulations right or not engaging with the community, I will highlight that to the Minister. Similarly, the industry should not expect an easy ride; my colleagues and I will be emphasising anything that we regard as shortcomings. Any attempts by the industry not to adhere to regulations, not to engage with communities or not to ensure that communities are financial beneficiaries, and we will hold its feet to the fire.

We will return to this subject in many debates to come, Mr Benton, but I thank you for your chairmanship today.

Joe Benton Portrait Mr Joe Benton (in the Chair)
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Before we proceed, I assure Members that the air conditioning is working as effectively as possible. It is very close, but it will not get any better, I am afraid, so please feel free to remove your jackets, if you so wish.

14:50
Gordon Marsden Portrait Mr Gordon Marsden (Blackpool South) (Lab)
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I will take you at your word, Mr Benton, and, as it is customary to say, it is a great pleasure and delight to serve under your chairmanship. It is also a great pleasure and delight to follow the hon. Member for Fylde (Mark Menzies), who is my constituency neighbour and who placed the arguments and his position with his usual sense and robustness. I will do my best to follow him.

The hon. Gentleman said what ought to be the theme of this afternoon’s discussion: the regulations must be robust and to the highest environmental standards. He rightly passed a warning shot—if I may put it that way—across the Minister’s bows about the use of language, and I shall return to that later in my contribution. The focus needs to be on “robust”, not on “streamlining”, and I entirely concur with what the hon. Member for Fylde said.

I also agree with what the hon. Gentleman told the Blackpool Gazettethat he would be

“inflexible on the point that there must be a gold standard of regulation reached before any potential move to the extraction phase.”

That is a position with which I wholeheartedly associate myself.

My hon. Friend the Member for Rutherglen and Hamilton West (Tom Greatrex), who speaks for the Opposition, also holds that position. He will speak for himself shortly, but in an article for PoliticsHome, when the survey by the British Geological Survey was published, he warned about too much hype:

“For many who are against renewables, shale is the silver bullet. For some who advocate green technologies, the extraction of unconventional gas is catastrophic for the environment. While it may help generate lurid headlines, an absolutist position does little to ensure a realistic assessment of the role shale and other unconventional gas could play in our energy mix.”

That is an important position to set out.

Coverage in the national media has become extensive, not least since so many people outside Blackpool and the Fylde were alerted to the matter by the famous occasion of the earthquakes, to which reference has already been made. I think that I am speaking for all hon. Members in the Chamber who represent constituencies in or near the Fylde when I say that there is a wide variety of views, ranging from absolutism at both ends to scepticism on either side of the frame. Those views were picked up well in a recent article in The Observer by Robin McKie, a distinguished science editor there for many years, who has dealt with the issues in a solid way.

The balance must be struck between the prospectuses of the companies concerned, which will necessarily be expansive, and the realities of the science on the ground and of the amount of gas that is actually extractable. The amount is a key issue, because, as the hon. Member for Southport (John Pugh) rightly identified, that might affect any arguments or discussions about the amount of money available at a future stage. It is therefore incumbent on the Government to get the balance right. At the end of the day, they will set the regulations—I concur with the hon. Member for Fylde that what DECC has done has been proportionate and measured—but I caution the Minister to continue in that line, not least in the context of the Chancellor’s remarks, because the Treasury’s position to date has been far too gung-ho in cheerleading for the industry.

The hon. Gentleman talked about unwarranted criticism of the Minister for wearing two hats, with his ministerial responsibilities for energy and for business. I am worried not so much about two hats as about the possibility of three—the third one appearing if the Minister were to follow his Treasury colleagues and become simply a cheerleader for the fracking industry. It is important that he remembers his quasi-judicial role as we take forward sensitive decisions. Language, whether emanating from him or from his civil servants, is particularly important.

Community benefit is the frame in which this afternoon’s debate is taking place, but which communities and where? There are communities of interest, reasonably so, in the development and the possible production of jobs, but also in the residents of the area and—not to be sneezed at—in the visitor and tourism industry. When we discuss the benefits or where the jobs will come from, we must look not only at what Cuadrilla or British Gas, which has now joined the enterprise, say about the numbers of jobs that might or might not be created—there can be lots of arguments about that—but at the impact on existing jobs, particularly in tourism, and on green issues. The number of jobs and the effects that those jobs will have on the local area from a positive point of view need to be balanced against the potential—that is all I say at the moment—for things to develop in such a way that tourism, the environment and the continued enjoyment of the Fylde area by residents are jeopardised.

I therefore move on to geographical communities, as well as communities of interest. Blackpool has not thus far been the site of any drilling experiences, but it was Blackpool that got the earthquake. In Blackpool, we were able to provide the definitive answer to the often-asked question, “Did the earth move for you?”, because it certainly did, and in some measure. Seriously, if such things are to have an effect on the reputation, image and attraction of Blackpool, then Blackpool must also be included as a potentially benefiting community, as well as the other areas of the Fylde.

I have mentioned the potential adverse consequences on seaside and rural tourism, and they should not be treated lightly. More independent assessments of the amount of work and jobs that might be created would be welcome. For my part, I so far remain fairly sceptical about some of the numbers produced by Cuadrilla, as I remain sceptical about some of its estimates for the amount of extractable gas available.

Dan Byles Portrait Dan Byles (North Warwickshire) (Con)
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I am not sure whether the hon. Gentleman has seen the Institute of Directors report, which was published about six or eight weeks ago, but it was interesting. It modelled what a pad might look like, how many jobs might be involved in the supply chain and so on. If he has not had a chance to look at that, it is worth doing so, because it is a substantial piece of work.

Gordon Marsden Portrait Mr Marsden
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I thank the hon. Gentleman for his intervention. As a former member of the Select Committee who believes in evidence-driven policy, I will look at the Institute of Directors report, as I will look at many of the other bits and pieces that come before us. We can have as many reports as we like, but at the end of the day the issue will remain one of judgment and proportion. What I am urging on the Minister and the Department and what I think largely echoes what the hon. Member for Fylde said is that they should proceed with caution. The precautionary principle should apply. I make no complaint against some of the people who propose the change because they want their business to succeed, but in the famous words of Mandy Rice-Davies after the Profumo affair, they would say that, wouldn’t they? Some people in other business areas will look at it through their end of the telescope, but it is not our job as Members of Parliament to look at it through their end of the telescope. Our job is to look at the effect on our constituents.

With that in mind, I strongly urge that we proceed with caution on the precautionary principle and probe laser-like into what the benefits will be and how broad they will be, and perhaps even to look at the impact on rural and seaside tourism, which are and should be interlinked. Our primary concern as Members of Parliament in the area must be for our residents’ well-being and environment. The Fylde is not like Arkansas or other areas of the United States that are relatively large and sparsely populated. The concern, whether justified or not, about contamination of the water table and other negative effects experienced in the United States would be much more profound and pronounced in the UK.

This morning, I went to Tate Britain for a quick peek at the wonderful exhibition of Lowry’s paintings of industrial Britain. He had the ability to summon up a terrible beauty from the destruction and marred landscape of the industrial revolution. We should take care in our House and in our deliberations not to be overborne by hype or business prospectuses. I would not want to see some of that terrible beauty visited on the Fylde in the 21st century.

15:02
Dan Byles Portrait Dan Byles (North Warwickshire) (Con)
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I congratulate my hon. Friend the Member for Fylde (Mark Menzies) on securing this debate on this important topic. I am not a Lancashire MP, but I stand here as a member of the Select Committee on Energy and Climate Change, which has looked at the issue in some detail, and as chair of the all-party group on unconventional oil and gas.

I have worked on this issue in some detail and discussed it at great length with a wide variety of stakeholders throughout industry and beyond. There is great consensus on the community benefit and we have reached the stage where no one is disputing or discussing whether we should have a community benefit scheme; we are simply discussing the detail. There are various reasons why an effective scheme is important and it may be best summed up in a phrase that many hon. Members have heard before: the industry requires a social licence to operate. A community that hosts shale gas resources and could see shale gas development take place is entitled to ask two legitimate questions: is it safe, and how will our community benefit from the process? It is incumbent on the Government and industry to answer both those questions

Today’s debate is not about safety, except that, echoing hon. Members who have spoken, we must take this forward with the highest environmental standards, in keeping with the gold standard that we already apply to oil and gas regulation in the UK. Today’s debate is about the benefit to people and communities in Lancashire. It is their gas; it is not Cuadrilla’s gas or Centrica’s gas, and it is certainly not the Government’s gas, although the law may imply that it is. I am not a socialist, but as far as I am concerned, it belongs to the people of Lancashire, and it is important and absolutely right when developing a domestic UK shale industry that the local communities who will host that industry and new development should benefit from their own natural resources.

Loosely speaking, two benefits can accrue from a large-scale infrastructure project. One is the natural or organic benefit: the jobs, supply chain and activity from the very process of the investment and flow from the activity without intervention from the Government. The other, which is what we are principally talking about today, is the artificial cash benefit that can be put in place by the industry through voluntary agreements or by the Government to ensure that some of the profit and revenue stream from the industry are shared locally.

I want both forms of benefit to accrue to the people of Lancashire. On the first point, it is essential that the maximum benefit in jobs and investment accrue as locally as possible to the operation of the shale gas pads. Employing local people and developing a local supply chain is fundamental to making the industry part of the community instead of it being an outside industry that comes in and does things to the community.

In Aberdeen and the surrounding region, for example, the offshore oil and gas industry supports 137,000 direct, indirect and induced jobs. We may not see quite the same number of jobs in Lancashire, much as we would all love to, but the highly detailed report by the Institute of Directors estimated that there is potential for up to 74,000 direct and indirect jobs nationwide from developing UK shale gas. Not all the jobs will be in Lancashire, but many will, and it is important that when the industry and particularly the supply chain go forward with their plans, they do their best to maximise the number of jobs that stay locally within the region.

On the artificial cash benefits, the proposals currently under discussion have been alluded to: £100,000 per exploratory well and eventually 1% of revenue from the development phase going to the local community. Over the lifetime of a shale gas pad, that could amount to a considerable sum, and I agree with those who have already noted that we should remain flexible about community benefits to ensure that, as the industry’s profitability becomes better known and we have more information, we can ensure that the benefits remain at a suitable level.

I share my hon. Friend’s concern about one fundamental and important question. How does one define the community? Most of our present discussions about community benefits boil down to the question, who is the community? The judgment call on exactly who should receive a direct benefit is often spoken of in terms of municipal level—parish, district or county—but it is important to note that people do not necessarily mean the parish council, the district council or the county council. They use those words as shorthand for the municipal level to which the community benefit should go.

If the community is defined too narrowly, it may create division rather than consensus, and I have seen that in my constituency. When campaigning in Curdworth as a young parliamentary candidate not that many years ago, I asked what the village’s main issue was and someone said, “Them on that side of the village got compensated for the Birmingham northern relief road and we over here, one road over, weren’t.” The compensation package had caused division in the village because the definition of who should benefit was too narrow.

However, if the definition is too wide, there are two concerns. One is simply that if the benefit is diluted too much, it may not provide a genuine benefit. Another danger is the message sent about the impact of the industry. If someone living 10, 15 or 20 miles from a shale gas pad is told that they will receive a community benefit to compensate them for having it in the area, are we not pandering to a myth, because someone 15 or 20 miles away may not notice that it is there? The evidence is that there will probably be no impact more than a few miles away from a shale gas pad.

Graham Stringer Portrait Graham Stringer (Blackley and Broughton) (Lab)
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There is an interesting historical point behind the name of this debate: what is Lancashire?

Dan Byles Portrait Dan Byles
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Tell us.

Graham Stringer Portrait Graham Stringer
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For the purposes of this debate, I think Salford can be Lancashire and that there will be immediate benefits there.

Does the hon. Gentleman agree that apart from immediate local benefits, there will be general benefits for the whole country if the exploitation of shale gas is successful because the real impact will be a lowering of energy prices?

Dan Byles Portrait Dan Byles
- Hansard - - - Excerpts

I absolutely agree that it is important not to forget that Lancashire is part of the wider UK economy and that there are potentially significant benefits to not only Lancashire, but the whole UK economy. The jury is still out on how much shale gas might bring energy prices down, but it is certainly true that it might help to prevent them from rising as much as they might have done, which is, in effect, the same thing.

The majority of the members of a community who will be impacted by such development will be affected not by the actual activity of drilling for gas, but by the wider construction activity. In that respect, shale gas development is no different from any other infrastructure development. More people will probably be affected by things such as truck movements than by the activity of drilling for the gas.

When the Energy and Climate Change Committee visited Hinkley to discuss the Hinkley Point C power station, we had a long discussion with local parish councils about their concerns. I was struck by the fact that not one mentioned the fact that a nuclear reactor was going to be parked at the side of their town as a concern. They were concerned about truck movements, dust, noise, vibration and, interestingly, which pubs the itinerant work force were most likely to drink in.

When we look at the wider community benefit, and at how wide we go, therefore, it is important that we do not give the impression that somebody who lives five, 10 or 15 miles away from a shale pad requires compensating because of some activity that takes place there.

Others wish to speak, so I will say no more, other than that there is widespread agreement over the principle we are talking about. I do not think anybody here disagrees with the broad thrust of what community benefit will look like. We are now down to the definitions. What amount are we talking about? How should we levy it? Which community will benefit? Later, there will also be the practicalities of how moneys will be disbursed and to whom. We are in a good place, given that we are discussing the mechanisms involved in getting these things right, rather than whether we should do them. There is wide consensus that we should do them, and I think that is right.

15:11
John Pugh Portrait John Pugh (Southport) (LD)
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It is a pleasure to serve under your chairmanship, Mr Benton. I congratulate the hon. Member for Fylde (Mark Menzies) on the lucid and clear way in which he introduced the debate.

There are many views of fracking. Some, I do not agree with, although I respect them. The Tyndall view of fracking and shale gas is simply that getting them out will add to the greenhouse gases circulating around the globe, so they should be left where they are. I do not agree, for reasons that may or may not be correct, although I believe them. Principally, I do not think that our energy consumption will fall much over the next 20 years or that renewables will be sufficiently developed by that stage to plug the gap. Other alternatives also seem pretty unattractive. One is the extensive building of nuclear power stations. Buying ever cheaper coal—coal is becoming cheaper—is another. Importing gas is probably the favoured alternative, and we will probably face a choice between using Russian, Kazakhstani or Qatari gas or shale gas, which we have in appreciable abundance in Lancashire—the shale there is much deeper than in many parts of the United States, where shale gas is being exploited to some effect.

I have the advantage of having visited one of the exploratory wells and seen the precautions taken to ensure that what happens is not environmentally intrusive or damaging. I therefore have a better feeling about the regulations the industry must currently abide by, although we are looking at a tougher regulatory environment in the future. We already have extensive planning controls and health and safety regulations, as well as oversight from the Environment Agency.

Clearly, good regulation is crucial to the successful development of shale gas. I say that because I have also seen some slightly alarmist anti-fracking propaganda. We have probably all had sight of “Gasland”, with the taps that catch fire and so on, and we have probably all heard the exaggerations about the chances of pipes fracturing, threats to the water supply and subsidence. People have also exaggerated the number of wellheads we need, and they have talked about traffic densities and movements that are unlikely to materialise—producers are unlikely to want to move gas around by lorry if they can find a better way to move it. To be fair, a lot of the people who object would object if all those concerns were set aside; in other words, they have the same fundamental objection as the Tyndall climate change group—they think shale gas is not something we should dally with and is not something for the future.

Against that argument, there are clearly powerful economic arguments. If shale gas materialises as Cuadrilla and others hope it will, that will be good for the country’s balance of payments and it could have huge implications for the north-west’s economy. My constituency, which is on the edge of the Bowland special protection area, will, I hope, benefit in some way. I am not holding my breath on that, because we have seen false dawns locally before. Gas was discovered in the bay, and the production facilities can be seen from Southport beach. We hoped that that would have enormous benefits for the local economy, but it led to Hamilton Oil sponsoring a few events, and that was it. When one of the few fibre-optic cables from America came on land on Southport beach, I dreamed of Southport becoming not the Aberdeen of the north, but the silicon valley of England, but, somehow, that did not happen; we just got a quietly humming shed on an industrial park and little in the way of local employment. I am not, therefore, holding my breath, but I am none the less encouraged by the fact that the shale gas industry has made some pretty good opening moves, which will, I hope, move us in the direction of rebalancing the economy and provide some local community benefit.

Through the Treasury, the Government are concentrating principally on incentivising shale gas development. I am in favour of that, and we certainly need to explore it, because this business could be hugely profitable. The issue then is, what will happen to all the profits? Will they simply leach out to the south-east or wherever the company headquarters are, or will we feel the benefit locally? If I can throw my two pennies-worth on the table, I would like to see a levy that is channelled towards investing in permanent renewable energy in the area. At some point, the shale gas, like all other such energy sources, will run out. Other Members have other attitudes and other proposals. The hon. Member for Fylde talked about the supply chain, and I agree with what he said about that. He also talked about energy rebates, and none of my constituents would be unhappy to receive them.

We are at the beginning of what will probably be quite a protracted discussion with the Government and the industry, but it is important that we discuss these issues among ourselves. Those of us who are embittered northerners have too often seen wealth generated in the north accumulated and spent somewhere else. That is the one thing, above all, that we wish to prevent.

15:18
Eric Ollerenshaw Portrait Eric Ollerenshaw (Lancaster and Fleetwood) (Con)
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It is a pleasure to be called after the hon. Member for Southport (John Pugh). As a Member from the embittered north, may I say that I am really pleased that Salford still regards itself as part of Lancashire? I am even more pleased that north Warwickshire now regards Lancashire as part of the United Kingdom. It is nice to know these things.

I congratulate my hon. Friend the Member for Fylde (Mark Menzies), whose constituency I have to drive through every week to get to a third of my constituency, on getting the debate. As he said, this is the second debate he has initiated on this issue. I have managed to get only one, but he has managed to get two, which shows the power he has. However, I have a part share of the debate on shale gas on Thursday, so perhaps things are more balanced. On Thursday, I will talk more about safety matters; today, in view of the time, I will talk principally about the compensation system.

In our earlier debates, virtually all of us stressed the need for the Government to commit, at least in principle, to some form of community compensation when a possible go-ahead with extraction was announced. In that sense, we are pleased with where we have got to. We have had the announcement that the compensation system will be established. We have learned that it will be run by the United Kingdom Onshore Operators Group. We have learned it will provide £100,000 per wellhead at the exploration stage, and I will be interested to hear the answer to the question from my hon. Friend the Member for Fylde about the distinction between wellheads and pads. We have also had the indication that, once production starts, 1% of all revenues generated over the lifetime of the well will be allocated to the local community. The suggestion is that one third will go to the county and two thirds to the local community, which I assume means the district.

In one sense a good start has been made, and I compliment the Minister on the work he has done to get things to that stage; but we want more clarity and certainty. We also want a guarantee of additionality, and ideally we want more money. I will begin by talking about clarity. At the moment the UK Onshore Operators Group has said that two thirds of the revenue generated will go to the local community. My hon. Friend the Member for North Warwickshire (Dan Byles) raised the question of what the local community is. There is a question in relation to the wellhead: that because of the engineering that could be used in Lancashire it will go down vertically and then horizontally. Will the local community be defined in relation to the extent over which the gas is extracted, or just where the wellhead is? I am not splitting hairs: those things will be brought up locally, for Members of Parliament to answer.

As to the figure of two thirds being directed locally, does that refer to the district councils, such as Wyre, in my case, or Fylde; or does it mean a unitary authority—Blackpool? My major concern is about what happens if those councils take the third or two thirds. What commitment do we have that that will really be seen as additional to the normal process of local government revenue grants? I have absolute faith in my right hon. Friend the Minister and, indeed, in the shadow Minister, the hon. Member for Rutherglen and Hamilton West (Tom Greatrex), but let us think of a future time, when other Ministers have come along. What if Lancashire county council, or, indeed, the district councils, are gaining a fair amount of money just on the basis of the 1%, and they apply for the normal general grant? Or what if there are regional growth fund applications for the area? Will not a future Minister say, “Well, Lancashire has that money; it does not need this other money”? That is my argument about additionality. We need some guarantees about it—that the money will be additional, above and beyond what the localities would normally expect under the local government or business funding systems or whatever, and they will not be disproportionately treated because there is extra money.

We are all struggling to find the right vehicle and I am sorry that none of us has the perfect answer—the hon. Member for Southport and others hinted at one—to whether the money should go into something like a sovereign wealth fund for Lancashire, or, indeed, a trust fund. That might be managed by professionals, but open to applications from the districts, parishes and counties for funds—and major, structural funds. My other argument will be that 1% is not enough. Big profits will be made. I understand the strictures of the hon. Gentleman: we are at the beginning of an industry. However, perhaps there could be a rising scale as the profits mount up. There is a serious issue about 1%: it is not enough. If the predictions about the productive capacity of the Bowland shale are right—and it stretches across Lancashire and parts of Derbyshire, and even that other county called Yorkshire—5% would be a substantial amount of money, which would guarantee to the people of those areas that something would be left after the shale gas was gone, as it eventually will be. That something might be renewable energy; it might be all kinds of things, but that is the kind of vehicle that I suggest.

There are other examples of such things, and we can learn from mistakes that have been made. I understand that the Shetland Charitable Trust has got itself into trouble over what it can and cannot fund. The Alaskan funds are quite interesting because of the dividends that they have been able to pay out, on top of the future capital investment that will be available to ensure that when the oil goes Alaska will be left with something. That is what we are looking for. It is certainly what I am looking for: to be able to tell people in Lancashire “We will be prepared to put up with all this”—because I am not sure there will be too many jobs in it—“as, at the moment, we, or some of us, are prepared to put up with wind farms out at sea and on the hills, and possibly a new nuclear power station, if some long-term investment will be coming back to Lancashire, and it will not be used as an excuse to deny Lancashire other funds.”

That is the principle that I would like the Minister to consider. I know he cannot give us direct answers today, and I am grateful for how far he has got on the question. There will be future meetings, until we reach a system. Members of Parliament of all parties from the part of the world in question need to prove that serious investment will come back to the boundaries of our county, however we define them, and those of other counties that will be affected in the future. Then, provided all the safety and environmental measures that we may debate on Thursday are secure, and, as my hon. Friend the Member for Fylde has stressed, there is absolute clarity and transparency and independent regulation, we can give our support and make a vital contribution to the United Kingdom, in the way that Lancashire has always been prepared to do.

15:26
Tom Greatrex Portrait Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)
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It is a pleasure to serve under your chairmanship this afternoon, Mr Benton. I congratulate the hon. Member for Fylde (Mark Menzies) on obtaining the debate. It is not really a surprise to many of us that following the announcements that formed part of the spending review—or rather announcements of announcements, as I anticipate more detail soon—there is heightened interest in the broad subject of shale gas and fracking, with two debates this week.

Some hon. Members who will take part in Thursday’s debate are not here today, and I hope that they will read this debate before then. What has been good about it so far is the degree of thought and rationality that has been applied to wider issues of community benefit, and not just the specifics. Those thoughts have come, not surprisingly, from Members of Parliament from all parties in the affected area; they have the right and responsibility to speak up for their constituents. As many have intimated, even if they have not said so explicitly, we do not yet really know what we are dealing with. We can know only after some exploration, when we find out what is being extracted and what will be got out of the ground. We can then make further judgments; but we can get to that stage only if there is public confidence and acceptance.

The hon. Member for North Warwickshire (Dan Byles) referred to a social contract—I am pleased to hear he is not a socialist; that gave me some comfort. However, the idea of a social contract is vital. The technology is not new, but an existing technology is being given a new or different application, and it is not surprising that there is anxiety and concern about the impact. That is not least because people have seen reports and films about the experience in other parts of the world, notably the USA. It is right for Government and the appropriate authorities to take those things seriously; because confidence is necessary. That is why the hon. Member for Fylde was right to begin his remarks by talking about regulation. I hope that he does not mind my saying that he was right to point out that the issue is not just the robustness of the regulation; it is also the comprehensiveness of monitoring. Having all the right regulations does not necessarily guarantee that what should happen does happen. That is not to cast aspersions on any individuals or companies that may be involved in the future: it is a question of public confidence.

The reality is that for a number of months, following the cease in activity after the earthquake, or earth tremors, that my hon. Friend the Member for Blackpool South (Mr Marsden) referred to, many of us were waiting for the Government response to those issues. Despite the comments of some hon. Members—who are not here today but who have an interest in the area—who thought that that it was a dereliction of duty for the Government to have that pause on activity, I think it was exactly the right thing to do in order to assess properly what was happening. I take the geological survey published a couple of weeks ago as an aspect of that evidence base that needs to be assessed, but it only tells us what the theoretical resource is and not what is recoverable.

We had a debate in Westminster Hall on the Energy and Climate Change Committee’s initial report into shale gas, which the hon. Member for Fylde was not able to take part in at that time, as he was a Parliamentary Private Secretary to the then energy Minister, the hon. Member for Wealden (Charles Hendry). However, I seem to recall that the hon. Member for Southport (John Pugh) and the hon. Member for Lancaster and Fleetwood (Eric Ollerenshaw), who have spoken today, were present and took part. Since then, a lot has happened and things have moved on, but in March last year, we set out a number of conditions, from the Opposition perspective, that we thought needed to be in place in relation to regulation. I am sure that we will delve into these matters much more on Thursday, but I want to highlight what we suggested those conditions should be, because they speak to the wider point about the way in which the whole issue continues to develop.

We said that the chemicals used must be restricted to those that are proven to be non-hazardous with mandated public disclosure of all the chemicals to be used, including their toxicity levels. The integrity of each well must be assured to prevent water contamination, with independent assessment of the well design, the cement bond between the casing and well bore, in addition to the composition of the casing to determine its ability to resist corrosion. Seismic monitoring should be put in place with a traffic-light system, to which the hon. Member for Fylde referred earlier, as has been the case in the Netherlands and Germany. The level of methane in groundwater should also be assessed prior to any drilling, because a criticism that has been made a number of times relates to potential contamination. Sometimes it goes further, and some people claim contamination of groundwater from methane, when, as we are all aware, methane can occur naturally in groundwater. Unless there is initial monitoring of it as a baseline study, we cannot tell whether anything untoward has happened. We said—the hon. Member for Fylde also made this point—that all potential shale exploration should be subject to an environmental impact assessment, given that previously, smaller applications did not necessarily need to be. We also said that we believe the monitoring should take place over a 12-month period to allow sufficient time to gather the evidence required to make an informed decision to proceed with exploration.

I am pleased that late last year, the Government broadly accepted, or came up with, a very similar set of conditions. Those conditions are comprehensive, although there are still some gaps in regulation that the Government need to fill, which I will come on to later in the week. But, as others have said, the regulation needs to be robust, and I am sure that that is exactly the intention of both the Minister and the Department. I repeat the point about language, and using language that suggests, even if it is not the intent, that the regulation will be streamlined—which can mean a number of different things to a number of different people—is not necessarily the best choice of language in this regard.

I move on to community benefits, on which some important points have been made so far this afternoon. I take a broadly similar position to the hon. Member for Southport. When making the case, there are people who have legitimate concerns about a number of areas that need to be addressed, while some are against shale exploration and have a principled, ideological position. It is fair enough for people to take that position, but there is a need to separate those ideological objections from legitimate environmental concerns, and that is exactly what the regulation needs to do.

In terms of community benefits, the Government have acted on onshore wind, and, given the ongoing discussions, I am sure that we will get more on community benefits in relation to nuclear in the near future. We have had a broad acceptance that there is a degree of disruption, that there is a need for that to be recognised, and that there should be some community benefit and support. However, it is not as straightforward as it initially sounds. My hon. Friend the Member for Blackpool South made the point about what local impact is, how that is best defined, and where community benefits are. The Minister is well aware of the issue. I read a comment from him that must have been made at the time of the announcement; he was talking about what might impact on a particular community, but if that community uses a swimming pool that needs to be rebuilt in an adjacent town, how can that line best be drawn? We really need to get into the detail of that over the next period, because there are potentially significant financial benefits, quite apart from the impacts that others have discussed in terms of jobs and economic activity.

I want to reiterate a point that has been made. I have, in front of me, documentation from the United Kingdom Onshore Operators Group, when it put out its community engagement charter. The point about whether it is a wellhead or a pad is important—the language used by the UKOOG refers to it being per well site. That language in itself is slightly ambiguous, in terms of it being a well site, as opposed to a wellhead. Will the Minister try to clarify that important point?

On the wider point about community benefits, we know that in relation to the foreshore, the Crown Estate has established a system of community benefits. Not a huge amount is flowing into that fund at the moment, but it will in future in relation to offshore activity. The fund is effectively administered by the national lottery and it is appropriate for a number of community bodies, as well as local authorities, to apply. Will the Minister say more about consideration of that type of model or of that as part of the model, as opposed to something being run by an industry group?

There is a wider point in relation to Shetland, which the hon. Member for Lancaster and Fleetwood referred to. In one of my previous lives, I was a local government officer in Scotland. It always used to gall us that, every year, when the 32 local authorities in Scotland got their audit reports, Shetland got the worst one in terms of sustainability of funding, but it was okay, because it has that huge amount of money there. In fact, with what is happening west of Shetland, it probably has quite a lot to be able to rely on well into the future. However, there is a point about long-term sustainability as well, which I think needs to be reflected in the wider community benefit picture. The Minister is well aware of the issue, and he asked how we stop funds being swallowed up by the local authority social services budget—I think that was what he used as an example of a local authority budget that is always under pressure, where there is the temptation to plug the gap, if there is additional revenue. However, this really needs to be something additional. We do not know the scale yet, as the hon. Members from Lancashire have made clear in their contributions.

I shall finish by reiterating a point that has been made about regulations. Regulations need public confidence and wide acceptance, and the same goes for the community benefits package and arrangements. Communities need confidence in them and they need to know that they will be appropriately and fairly dispersed and applied. They need to see that the benefits are there for them to use in recompense—although not formally in recompense—for the disruption there may be during the activity that may or may not happen in Lancashire or elsewhere in the years ahead.

15:40
Michael Fallon Portrait The Minister of State, Department for Business, Innovation and Skills (Michael Fallon)
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May I join colleagues in welcoming you to the Chair, Mr Benton? I congratulate my hon. Friend the Member for Fylde (Mark Menzies) on securing an important debate on this subject and on his constructive approach. If I may say so, I congratulate Members on the tone that they have adopted throughout their contributions. I will try to answer the various points that have been raised.

My hon. Friend began by rightly raising the interests of communities, and the debate has clearly demonstrated that community interests have a number of dimensions and apply to all potentially affected communities across our country. I will group my comments into four areas: first, local communities should be clear on the Government’s policy on shale; secondly, they should be clear on when they will be engaged locally and by whom, and have access wherever possible to objective information; thirdly, they should be reassured about shale development and that it will be carried out safely and in a way that protects the environment; and finally, they should know exactly what benefits should flow from hosting shale gas developments. I will tackle each in turn.

As a Government, we believe that shale has the potential to provide this country with greater energy security, an incentive to growth and more jobs. Through the co-ordination of the Office of Unconventional Gas and Oil, we are creating the framework to accelerate the development of shale responsibly. Looking at the big picture to see how our various energy sources fit together in the market as we transition to a low-carbon future, we quickly realise that oil and gas will form a key part of our energy requirements for some decades to come. We need to recognise that shale gas development is part of a historic continuum in the development of our domestic resources. Over 2,000 conventional oil and gas and coal bed methane wells have been drilled in the UK. Fracking, of course, is an established exploration technique used around the world. I see unconventional resources as a part of the bigger picture and continuum.

As Members will know, the British Geological Survey has now estimated the total volume of gas in the Bowland-Hodder shale, which includes Lancashire, at some 1,300 trillion cubic feet. Effective exploration of that resource is necessary to help us understand how much of that gas is technically or economically recoverable. We are therefore encouraging the safe and environmentally sound exploration that will help us determine that. With robust regulation now in place, there is nothing to prevent licensees from bringing forward new drilling plans and seeking the necessary permissions. In Lancashire, Cuadrilla has recently announced further plans for exploration, and of course we welcome Centrica’s recent investment in its licence in the area. We are therefore likely to see Lancashire lead the way in the exploration phase, which if proven will provide local communities with real benefits and opportunities.

Early community engagement by companies in the industry is essential to gaining public acceptance of and support for shale gas development. We have worked closely with the industry to encourage strong engagement that addresses local concerns. We are therefore pleased that the industry—through its trade body, the United Kingdom Onshore Operators Group—has recently collectively adopted a community engagement charter. One of its objectives is to identify and proactively address local issues and concerns. In addition, each operator will engage with local communities and other stakeholders, beginning in advance of any operations or any application for planning permission. For our part, the Government have a role to play in supporting public engagement by ensuring access to evidence-based information that can address the questions raised and inform public debate.

My Department is looking urgently at how we can swiftly take forward the suggestion from my predecessor, my hon. Friend the Member for Wealden (Charles Hendry), which has also been touched on this afternoon, to ensure that we provide clear information to the public on the myths that tend to surface about shale, so that we can help the public to separate fact from the fiction. An objective of the Office of Unconventional Gas and Oil is to help people understand the facts about shale gas, and that includes supporting local authority engagement with communities where it can assist in resolving issues and allowing projects to proceed where appropriate. Officials are developing plans for how we can do that in practice and will be engaging with local authorities—particularly Lancashire, at this stage—on what assistance is needed from central Government to best deliver support.

Some of that is already happening. The Lancashire shale gas forum, established by the Environment Agency, already brings together county and district councils, regulators including the Health and Safety Executive, my Department and the Office of Unconventional Gas and Oil to discuss strategic shale gas issues and matters of concern to local communities. That forum is meeting today.

Gordon Marsden Portrait Mr Marsden
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The Minister will have heard my comments about the effects in Blackpool. He referred to district and county councils. Can he tell us whether Blackpool council, which is of course a unitary council, is included in that group?

Michael Fallon Portrait Michael Fallon
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I am not able to confirm that immediately, but I may be able to do so shortly. I certainly understand the question. My information was that the group included Lancashire county council and the district councils, and my assumption was that that would include Blackpool. If I am wrong, I will let the hon. Gentleman know as swiftly as I can.

I turn to regulations that ensure safety and protect the environment. In our country, we have more than 50 years’ experience regulating the onshore oil and gas industry. Our system of regulation is comprehensive and fit for purpose for exploration, but we are not complacent. We want continuously to improve it, and local communities will expect no less. A number of regulatory bodies and Departments are involved, including the Environment Agency, the HSE, my Department and the Departments for Environment, Food and Rural Affairs and for Communities and Local Government. The Office of Unconventional Gas and Oil, which has no regulatory functions, co-ordinates activity across Government on unconventional gas and oil, including on the regulatory process, while ensuring that shale development remains safe and the environment is protected. We are making good progress. The Department for Communities and Local Government will shortly publish planning guidance for industry, mineral planning authorities and local communities on how shale gas developments should proceed through our planning system.

For its part, the Environment Agency recently published a statement of actions to simplify the regulation of exploratory activity by the oil and gas industry while maintaining environmental protection. As a first step, it will publish draft technical guidance for consultation by the end of July, setting out its requirements on operators and giving them, local communities and stakeholders more certainty. The Environment Agency and the HSE have already agreed to work closely together and have developed a joint approach to inspecting new exploratory shale gas operations under a memorandum of understanding, which directly addresses one of the points that my hon. Friend the Member for Fylde made. That means that they have agreed a joint programme of inspection for the next series of fracturing operations in England and Wales. They will meet new and first-time operators, advise them of their legal duties and conduct a joint inspection of key operations, including cementing and the verification of cementing and the main hydraulic fracture.

In addition, the Department of Energy and Climate Change will check that the HSE and the Environment Agency, or its Scottish equivalent the Scottish Environment Protection Agency, have no objections before it consents to drilling operations. Furthermore, if hydraulic fracturing for shale gas is intended, we will require measures to address the risk of induced seismicity, namely prior analysis of geological risks and the submission of a detailed fracturing plan, including a traffic light control protocol.

On the community benefits, I think we all agree that it is vital that communities that host shale benefit from the developments. As part of the recently published charter, the industry has set out its benefits proposal, which is, as has been said, to provide communities with £100,000 per fracked well site at the exploration stage and 1% of revenues at the production stage. The industry estimates that that amounts to as much as £5 million to £10 million per pad, and some £1.1 billion overall for communities in the UK. We welcome the offer from the industry. It represents a good deal for communities at this stage in the development of the UK shale industry. I am pleased that the industry has pledged to keep the offer under review and to consult communities about it in the light of operating experience.

At this stage, the operators group envisages that community funding will be split, with two thirds going to a local-level community fund and one third to a wider fund at county level. That need not mean the local authority itself; it might be a charitable or other foundation operating at county level. The operators have pledged that at each stage they will work with the local community funds to set out what level of benefits would be provided on a per household basis, so that even though communities may choose to use the funds to pay for community-wide measures residents will understand what their share of the benefits is at the household level.

The industry plans to publish further details of the proposals later this year, setting out more on the funding allocation and on how the charter will operate in practice. As the industry develops the details further, it will engage with interested parties and the local authorities involved, so I urge interested Members also to engage in the process and to help shape the proposals further. I assure Members that we in the Government will continue to work with the industry to ensure that it delivers on its commitments and, importantly, to keep the offer under review as we learn more about how the industry is likely to develop in the UK.

Finally, one of the potential benefits of shale gas production is job creation. My hon. Friend referred to the importance of the supply chain. Building partnerships to encourage job creation and growth is part of the work being led by the Department for Business, Innovation and Skills under the Government’s growth strategy, and DECC will work closely with BIS to assess the need for skills development.

The oil and gas sector strategy has already identified how the sector and the Government can work on the skills challenges the offshore sector faces, and it points out that links could be made with opportunities in other sectors, including that of shale gas. Work on supply chain mapping is also being commissioned. To improve the responsiveness of the skills system to the needs of business, BIS is promoting much greater employer leadership and closer collaboration between business, higher education and further education colleges. We are already seeing signs of that in Lancashire, and I hope that other companies and institutions will follow the lead of Cuadrilla and the university of Central Lancashire.

In the brief time remaining, I want to respond to the points that have been made, but if I cannot cover them all I hope that colleagues will allow me to write to them in detail. I was asked how we will monitor seismicity. The monitoring system will include a prior assessment conducted by operators. A fracking plan will have to be submitted. There will be a traffic light warning protocol and real-time monitoring, and if any activity over 0.5 on the Richter scale is detected the operation will be halted and further steps taken. The British Geological Survey has a national earthquake monitoring system that will, of course, alert us all to any changes in natural background seismicity.

I was asked how we would maximise local job opportunities and improve apprenticeships. The industry commits in the charter to encouraging that wherever reasonably possible. I was also asked about greater public engagement by the Office of Unconventional Gas and Oil, which I have already mentioned. We are developing plans, as has been suggested, and we are committed to reinforcing how the public can have access to more independent information.

On transparency and the type of organisations involved in enjoying community benefits, I was asked whether we should share benefits directly, for example through reductions in bills. I have already said that I welcome the industry’s commitment to flexibility, to engaging with communities and to consulting them over the autumn. Even if it is decided to take the benefit more generally—the new swimming pool that was mentioned, for example—I want local households to be clear what the benefit would be if it were a reduction in their individual bills, so that everyone understands the contribution that shale gas can make. The operators have committed to publishing each year how they are adhering to the charter, once the system of benefits starts to operate. The information about each local arrangement will be made public, and the next community down the line will be able to see it and decide whether it wants a similar package.

I was asked whether the benefit is per well. In the charter offer it is per well site, but that is one thing that the industry will consult on in the autumn. The disruption and the impact of the whole operation is at the well site, but the length of horizontal drilling means that some of the activity takes place a long way from the site. That is one of the issues that will be clarified a little later on.

I hope that I have responded to the main points that were raised, but I undertake to pick up any others later. I thank all Members who have contributed to the debate. I think we have shown that it is perfectly possible to approach the development of this entirely new industry as neither zealots nor victims but in a practical, constructive way, working through the issues one by one and ensuring that our communities get the benefit of what is potentially a very exciting development.

St Raphael’s Hospice

Tuesday 16th July 2013

(10 years, 9 months ago)

Westminster Hall
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15:59
Paul Burstow Portrait Paul Burstow (Sutton and Cheam) (LD)
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I appreciate having this opportunity to address the House on an issue that is of major concern to my constituents, to the many staff who work at the very valued institution of St Raphael’s hospice, which is in north Cheam in my constituency, and to the staff who work at the adjacent charitably run St Anthony’s hospital.

I suspect that when the Minister saw the title for the debate, he turned to his officials and said, “What on earth am I doing a health debate for?” I can well understand that reticence and puzzlement as to why a Health Minister was not invited to respond. I want to use the debate to explain why I am grateful that a Foreign and Commonwealth Office Minister is responding. The issues are not so much about health care as they are about accountability, transparency and the responsibility of trustees in discharging a public good and a common purpose. The debate requires an intervention or some involvement from the Foreign Office.

I ask the Minister to intervene on behalf of my constituents to safeguard the future of a much valued hospice and a widely respected hospital. I ask that our ambassador to the Holy See make officials at the Vatican aware of the concerns I am expressing. I will explain why. The Congregation of the Daughters of the Cross of Liege is a Catholic charity that owns and runs St Anthony’s hospital and St Raphael’s hospice, both of which are based in north Cheam. Together they employ 900 local people and are much loved, much admired institutions with a strong tradition of volunteering, which is very much at the heart of the hospice movement.

The trustees of the Daughters of the Cross are six Catholic nuns, who have decided to sell St Anthony’s hospital to a commercial concern, bringing to an end more than 100 years of care and Christian mission for the sick, the vulnerable and the dying. Their decision confounded and distressed those who work at the hospital and the hospice, as well as many of my constituents and many in the wider community who benefit from the work of the institutions. The decision is all the more perplexing because the Daughters of the Cross charity, according to its latest accounts, has more than £80 million in cash and investments, even before selling off the hospital. Lack of money is not the problem and should not be a justification for what is being done.

Worse still, the Daughters of the Cross have so far failed to explain why a proposal for a new Catholic charity with new trustees could not form the basis of a gracious and negotiated passing of the baton to a new generation of trustees. Instead, Daughters of the Cross are insisting on the withdrawal of all the existing funds currently held by St Anthony’s hospital—some £35 million in all—as well as a capital receipt for the disposal. In my meetings with the charity, the trustees talk about the money being their money. There is no recognition that the money is held in trust, or that it is the result of co-production between the Daughters of the Cross and those who work in the hospital and hospice.

The issue I am raising is not a religious one. It is about the behaviour of a charity and the reputational damage that is doing. The Daughters of the Cross is a congregation of pontifical right. It does not come under the temporal or spiritual authority of the Catholic Church in England. It is answerable directly to the Vatican in Rome, and critically it has not yet obtained permission from the authorities in the Vatican that oversee decisions to dispose of assets held by the Catholic Church. The body with the decision-making authority is called the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, whose secretary is Archbishop José Rodríguez Carballo. As part of the charity’s governance, it has well-established advisory committees that bring together community and expert opinion to guide the trustees’ decisions, to ensure that the right investments are made and that the right development of services takes place. Sadly, that expertise has been sidelined in this matter and not given the weight it deserves.

The chairman of St Raphael’s hospice, Dr Ron McKeran, has written to Archbishop Carballo, imploring his committee to exercise its oversight role and use its discretion to stop the sale and instead fully explore and take forward the creation of a new Catholic charity. Dr McKeran and many others believe that the sale of St Anthony’s will destroy the very special Christian character of the hospital. In his view, the actions of the charity’s trustees seem to be devoted to turning charitable assets into greater financial reserves, rather than to turning public donations into charitable activity. I believe that Dr McKeran’s analysis is spot-on.

The sale will expose St Raphael’s hospice to financial uncertainty. That is critical. At present, the hospital, as part of the same charity, provides a hidden subsidy of around £1 million a year. There is a symbiotic relationship between the two institutions. The hospital provides vital services, including IT, payroll, catering, and site services. Cutting the hospice free of its ties to the hospital, eventually to become a stand-alone charity, would leave it facing the prospect of a million pound funding gap.

There is an alternative: a proposal to spin out a new charity to take St Anthony’s and St Raphael’s forward together, maintaining the Christian mission that has flourished on the site in north Cheam for more than a century. The trustee nuns of the Daughters of the Cross have so far not explained why they are unwilling to appoint lay trustees, as other similar charities have done. There could be a managed transition with new trustees taking up the reins when the nuns are no longer able to exercise their responsibilities as trustees. That is more in keeping with the ethos of the charity, but the trustees are confusing their worries about their own mortality with the bigger picture and the purpose of the charity they founded. The trustees have offered no explanation as to why the reserves of £80 million and the moneys from the disposal of a very valuable site in Chelsea cannot be used to achieve their ends.

As a result of all that, the hospice finds itself in limbo, uncertain of its future and reliant on words of good intent, but no guarantees. I hope the Minister understands the concern that I and many of my constituents have about the future of St Raphael’s hospice. My concerns have already led me to write to the Charity Commission, asking it to investigate how the charity has conducted itself, the lack of due diligence and the risk of financial and reputational damage. It cannot be right for a charitable purpose to be subverted by the personal concerns of the trustees about their own long-term involvement in the charity. Nor is it right for the trustees to set aside the expert opinion of their own advisory boards, as well as the views of the staff, volunteers and the public. Their goal should be to secure the long-term future of the charity. That is why I am asking the Minister to act: not to interfere in matters spiritual, but rather to set out those concerns to the authorities in the Vatican who have the final say.

Will the Minister ask our ambassador to raise the matter, urging that it be carefully considered, and that the representations from Dr McKeran, myself and others are properly taken into account? At the very least, will he ask our ambassador to draw the attention of the appropriate authorities in the Vatican to this debate? There is no authority in the UK that can prevail upon the Daughters of the Cross to change its decision; only an intervention from the Vatican can hope to protect the future of the much loved and cherished St Raphael’s hospice.

I finish by quoting from a letter from June Whitfield, who is a doughty fundraiser for St Raphael’s hospice. She recently wrote to Sister Veronica Hagen, who is the chairman of the trustees of the Congregation of the Daughters of the Cross. The letter ends with these two paragraphs:

“And I urge you to reconsider the proposal of the Management, staff and supporters of the hospital and hospice to instead create a new charity encompassing both St Anthony’s and St Raphael’s.

The Daughters of the Cross established St Anthony’s Charitable Hospital in 1904 and then built St Raphael’s Hospice in 1987. Their ethos and faith have served the people of both Sutton and Merton well for over a century, it would be not just sad, but unforgivable if you and your current colleagues are the ones to extinguish these beacons of hope and faith in an increasingly difficult world.”

That is absolutely right, and I hope the Minister can help.

16:08
Mark Simmonds Portrait The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mark Simmonds)
- Hansard - - - Excerpts

May I begin by expressing my pleasure at serving under your guidance this afternoon, Mr Benton?

I congratulate my right hon. Friend the Member for Sutton and Cheam (Paul Burstow) on securing this important debate today and on setting out his case and concerns, and those of his constituents, so eloquently. I pay tribute to the role that he has played in supporting his local community on this challenging and difficult issue, and I am struck by the strength of local feeling that clearly exists about the future of St Raphael’s. This is clearly a great concern for many people, given the excellent and dedicated work that has been undertaken—both recently and over a significant period—both by St Anthony’s hospital and St Raphael’s hospice.

In particular, the work of the hospice exemplifies the huge support that exists for the hospice movement across the whole United Kingdom. St Raphael’s clearly plays a very important role in the lives of many people within the community of Sutton and Cheam. Indeed, hospices such as St Raphael’s have a crucial role to play in providing a dignified environment for people with serious or terminal illnesses throughout the United Kingdom.

Of course, my right hon. Friend will be aware of the additional £60 million in Government funding that was awarded to hospices across England earlier this year. A total of 176 hospices will benefit from that fund. It will not only help to improve conditions within hospices themselves, but support the care that hospices provide to people in their own homes, which is a crucial factor that he personally focused on when he was a Minister in the Department of Health and for which he deserves enormous credit.

Given today’s debate, I am particularly pleased about the award of more than £500,000 to St Raphael’s hospice, which I understand will help towards building its new extension. Investment in hospices is vital, not least because more and more people are using their services. Hospices need support to provide the care that is so desperately required. Such additional funding will enable hospices to modernise their premises, to improve further the facilities and care that they provide to patients and—significantly—to give increased support to patients’ families. The importance of that support and the continued provision of compassionate and dignified care at what is a very difficult time for both patients and their families should never be underestimated.

St Raphael’s can be held up as an excellent example of the strong role that faith groups can play in contributing to wider society. St Raphael’s ethos of accepting people of all faiths and, indeed, people of no faith is admirable; that is exactly the sort of model for interfaith relations that the Government are keen to promote. It is also important to say that this role of religion and faith within communities makes a vital contribution to national life, by not only guiding the moral outlook of many people but providing help for those in need. Compassion and the desire to provide assistance to those who suffer are excellent principles for faith groups to focus on.

Across the country, people from different faiths are working hard, not only in countless churches but in countless mosques, temples and synagogues, as well as in charities and community groups, to address problems in their local communities. The Christian Churches have an extensive national framework of buildings, expertise, volunteers and reach that can put them at the very heart of providing services, not only to the homeless but to others in need. St Raphael’s is a very good example of that in my right hon. Friend’s own community.

I will now turn to the future of St Raphael’s, which was the main focus of my right hon. Friend’s remarks this afternoon. I understand that, as he quite rightly pointed out, the trustees of the Catholic Congregation of the Daughters of the Cross of Liege are members of an international order of religious sisters based in Belgium. They help to provide health care and similar services, both in England and around the world. As he also quite rightly pointed out, the Daughters of the Cross are not subject to the jurisdiction of the Catholic Bishops’ Conference of England and Wales. Ultimately, they are subject to the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, based in Rome within the Roman Curia of the Holy See.

Given the strong local concerns for the future of the important health care and hospice provision provided by St Anthony’s hospital and St Raphael’s hospice, the Foreign and Commonwealth Office is making representations to the relevant Holy See authorities, through the British ambassador to the Holy See. I will come on to the details of those representations shortly.

Our ambassador has also spoken to the apostolic nuncio in the United Kingdom, Archbishop Mennini. We understand that the archbishop would be delighted to meet my right hon. Friend, if he was willing to attend such a meeting, to hear his concerns and discuss these important issues. The papal nuncio, as His Holiness the Pope’s representative in the UK, is an appropriate vehicle for these concerns to be expressed and passed to the Holy See, as is, of course, our ambassador to the Holy See.

I can inform my right hon. Friend that only this morning our ambassador had a meeting in the Vatican with the secretary of the Congregation for Institutes of Consecrated Life, Archbishop José Rodríguez Carballo, and was able to brief him on the concerns of the local community about the future of St Anthony’s and St Raphael’s. I am delighted to tell my right hon. Friend that the archbishop was fully aware of the case and acknowledged receipt of the recent letter from the chairman of St Raphael’s hospice about the issues that my right hon. Friend has articulated today.

In the meeting this morning, the archbishop made it clear that the decision on the future of St Anthony’s and St Raphael’s was ultimately for the trustees. However, he assured the ambassador that the Vatican would look carefully at the case, as it does all such cases, and will do so over the summer. I can inform my right hon. Friend that there are similar cases, particularly across western Europe, as those who are providing the health care are ageing, as he described earlier. The archbishop also confirmed that, in general terms, guidance would be given to the trustees on the basis of the known preference of the Church that such good works should continue to be run on Catholic lines and that a reply would be forthcoming to the chairman of St Raphael’s hospice once proper consideration had been given. I hope that goes some way to placating the concerns that my right hon. Friend outlined, but I suggest that he follow up the offer of a meeting with the papal nuncio in the UK.

Paul Burstow Portrait Paul Burstow
- Hansard - - - Excerpts

I thank the Minister and his officials for so rapidly and diligently pursuing this case on behalf of my constituents. I am sure that Dr McKeran will look forward with great interest to the response from the Church. May I ask the Minister to do one further thing, which is to ensure that the report of today’s debate is also passed to the papal authorities, so that they can be aware of our exchange?

Mark Simmonds Portrait Mark Simmonds
- Hansard - - - Excerpts

I am grateful to my right hon. Friend for that intervention. I understand that the archbishop in the Vatican was made aware this morning that this debate was taking place. However, I will of course be happy to respond to my right hon. Friend’s request, to ensure that he sees the Hansard report of the debate passed through our ambassador to ensure that there is follow-up to this debate in the way that he describes.

With your indulgence, Mr Benton, I would just like to set out, for a couple of minutes, the importance of the relationship between the United Kingdom and the Holy See. This debate exemplifies why it is increasingly important for the UK to maintain a positive, dynamic and energetic relationship with the Holy See. Not only for bilateral purposes but globally, there is significant mutuality of interest between the UK and the Holy See.

To that end, Baroness Warsi led an historic visit of seven British Ministers to the Holy See, where they were received at the highest level, including an audience with the Pope. This visit broke new ground, both in the scale of the delegation and the substantive nature of the talks, which covered issues as diverse as sustainable development, conflict prevention, Somalia and the ongoing process of reconciliation in Northern Ireland.

During 2013, we have worked closely with the Holy See in furthering our global agenda. Indeed, my right hon. Friend the Prime Minister wrote to His Holiness Pope Francis in June this year, before the G8 summit, to brief him on our agenda and to seek his views. That is a reflection of the importance that we place on the influence and role of the global Catholic Church and the Holy See.

Of course, this has been a historic year for the Vatican, with His Holiness Pope Benedict XVI’s decision to stand down and the subsequent inauguration of His Holiness Pope Francis. The Government warmly welcomed the appointment of Pope Francis, and we strongly support his unceasing desire to tackle social and economic injustice, poverty and disease—issues that of course have been at the heart of our own G8 agenda.

I will conclude by reiterating the importance of the Catholic Church—along with so many other religions and faith groups—as a provider of much-valued and often unsung social services, including health care and hospice provision, support for the homeless and the marginalised, education provision and much else. The Government value the work of the Daughters of the Cross in running St Anthony’s hospital since 1904 and St Raphael’s hospice since 1987, and we understand their difficulties in maintaining these responsibilities. However, like my right hon. Friend, I very much hope that a solution can be found that satisfies all parties and that ensures the continuation of these vital services to the local community.

16:19
Sitting suspended.

Women in Wales

Tuesday 16th July 2013

(10 years, 9 months ago)

Westminster Hall
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16:25
Jessica Morden Portrait Jessica Morden (Newport East) (Lab)
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It is good to start early on this hot, sunny July afternoon, Mr Benton.

Last year, I looked at the financial cost for women in Wales of the policies of the coalition Government. The study, which was based on parliamentary questions and Library research, revealed that, directly due to coalition policies, £1 billion would be taken away from Welsh women. It highlighted that more than £700 million would be lost to women in Wales as a direct result of pension changes; housing benefit changes, not including the ruthless bedroom tax, would account for more than £13 million; nearly £40 million would be lost due to changes in working tax credits; and public sector pay restraint would cut £300 million out of families’ pockets.

Have things got any better since then? Clearly, the answer is a resounding no. Things continue to get worse for women in Wales, whether because of the replacement of well-paid jobs by lower-paid ones, sustained attacks on public sector jobs, the increase in zero hours contracts and part-time working, cuts to child care, or direct tax or benefit changes, such as the bedroom tax. Whichever cut it is, women in Wales are being hit hard.

Why is this situation affecting women so badly? Women are, on average, poorer than men. Some 64% of low-paid workers are women and in later life women’s average personal pensions are only 62% of the average for men. Women also live longer, often spending the final years of their lives alone. Women are more likely to be the primary carers for children, older people, the sick or the disabled. Nearly three quarters of carer’s allowance claimants are women, confirming that women take responsibility for the majority of care. Women are also far more likely to be lone parents. Indeed, in Wales 95% of lone parents are women and that group is much more likely to be below the poverty line. Women are also more likely to be the victims of domestic and sexual violence.

Given that women use public services and benefits more than men, it is clear that when provision is cut it will hit women even harder. The fact that women are bearing the brunt of the Government’s deficit reduction plans is proven by Library research. Of the £14.4 billion raised in 2014-15, through changes to taxes, benefits, pay and pensions, £11.4 billion—some 79%—comes from women and £2.9 billion from men. In a Cabinet with three times as many men as women, it is hardly surprising that women’s voices are not being heard at the highest level.

Siân C. James Portrait Mrs Siân C. James (Swansea East) (Lab)
- Hansard - - - Excerpts

The cuts in the public sector are particularly affecting us in Swansea East, because we have high dependency on public sector jobs. Does my hon. Friend agree that the cuts are impacting much more strongly on women than on men, because more jobs are being developed for men, but not as many for women?

Jessica Morden Portrait Jessica Morden
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In terms of public sector employment and cuts to it, my hon. Friend is right. I will mention that later.

Let us look for instance at tax and benefit changes. The coalition Government and Ministers at the Department for Work and Pensions have consistently described their welfare cuts as fair. Clearly, they are unaware of or are ignoring the disproportionate impact they are having on women in Wales. A recent Office for National Statistics study on the effect that benefit and tax changes have had on incomes by household types demonstrates the negative financial consequences for women and families. That study, which covered the financial years 2010 to 2012, shows that a lone parent household with dependent children is £2,248 worse off. We have already established that the vast majority—95%—of lone parents in Wales are women. For other families, the situation does not get any better. A household with two adults and two children is nearly £5,000 worse off. The stress on parents who are trying to accommodate such an income fall, bearing in mind the huge hike in living costs, adds a great deal of pressure for people who are already working hard to keep their heads above water.

A recent report by the TUC showed that most jobs created since the recession have been in low-paid industries such as retail, the service sector and residential care. That was borne out by the ongoing inquiry by the Welsh Affairs Committee into the Work programme. Nearly 8% of the 587,000 net new jobs since June 2010 have been in sectors where the average pay is £7.95 an hour or less. Figures from the Office for National Statistics show that long-term unemployment has increased by nearly 100,000 since May 2010, and a shocking 86% of that increase is among women. Young Welsh women are particularly struggling in the labour market, with one in five out of work. In the figures released in June, the overall unemployment rate in Wales remained unchanged at 8.4% but the number of unemployed women rose again.

Nia Griffith Portrait Nia Griffith (Llanelli) (Lab)
- Hansard - - - Excerpts

Does my hon. Friend recognise that there is a particular problem for young mums in Wales? According to the House of Commons Library, a couple with a joint income of around £24,000 will lose £1,300 in benefits as a result of the changes to child trust funds and tax credits, particularly the baby element. An awful lot of people in Wales, including many of my constituents, come from households with a joint income of around £24,000. Young mums will be particularly vulnerable and will have very little money to spare for their children.

Jessica Morden Portrait Jessica Morden
- Hansard - - - Excerpts

My hon. Friend makes a valid point. Young families, in particular, will be hit by the cumulative impact of the loss of the child care element of tax credits, the child trust fund and maternity grants.

In Wales, most part-time jobs are undertaken by women; 27% of public sector employees work part time and 85% of those are women. Although it is true that many women want to work part time, many others have no choice.

Mark Williams Portrait Mr Mark Williams (Ceredigion) (LD)
- Hansard - - - Excerpts

I have some sympathy with many of the points that the hon. Lady has made on the welfare reform agenda. On child care, does she acknowledge that the Government have announced a constructive package that will help many young mothers? The figures suggest that 5,700 people in Newport would benefit. Child care is a particular problem, and the Government are taking action. In a spirit of fairness, I am sure that she would acknowledge that that should be recognised.

Jessica Morden Portrait Jessica Morden
- Hansard - - - Excerpts

As far as I can see, the action on child care is too little, too late. Many families in my constituency are struggling with huge child care costs, which are bigger than those in many countries around the world. The Government’s proposals will take time to filter through and will have no immediate impact on those families. In addition, the little bit of help that has been provided for child care is totally offset by the huge cuts to tax credits.

According to the Bevan Foundation report “Women, Work and the Recession in Wales”, the number of people in Wales who work part time because they were unable to find a full-time job has increased by 79% to one in five of all part-timers. In addition, the burden of unpaid work still falls on women. Child care responsibilities or caring for older people mean that many women have little choice but to work part time. Contrast the difference between the Labour Government in Cardiff, who are doubling the number of Flying Start places despite losing £1.4 billion from their budget, with the coalition in Westminster, who have cut the child care tax credit by up to £1,500 a year for low paid women while giving millionaires a tax cut of £2,000 a week.

In Wales, women make up two thirds of public sector employees, so the steady and sustained attack on jobs in the public sector has affected women disproportionately. In addition, the pay freeze has worsened the pay gap between men and women; the full-time pay gap now stands at 14.9%. In many parts of Wales, particularly in places such as my constituency, the public and private sectors are completely intertwined. If money is taken from public sector workers, less money will be spent in the local economy, which in turn hits the private sector. By affecting so many women in such a way, the Government are directly affecting the Welsh economy.

The living wage is one that meets the requirements for a basic quality of life and reduces families’ reliance on Government programmes for additional income. In 2012, it was calculated that 24% of all working women earn below the living wage and 62% of those earning less than the living wage are women. How do we stand in Wales? Wales has the second-highest proportion of people earning below the living wage in the UK, the highest proportion of part-time workers earning below the living wage and, at 44.5%, the highest proportion of female part-time workers earning below the living wage.

In Wales, many women are on zero-hour contracts, which were the subject of a debate secured by my hon. Friend the Member for Sunderland Central (Julie Elliott) in this Chamber last week. Recent UK estimates suggest that 97,000 people in Wales have such contracts, of which at the very least half will be women. I know from bitter experience, however, that Government answers to parliamentary questions on the matter are difficult to come by.

Labour wants universal credit to work, but even the impact assessment by the Department for Work and Pensions states that

“second earners may choose to reduce or rebalance their hours or leave work.”

As a result of pay inequality and time taken out of the labour market to raise children, fewer women tend to be primary earners in their households, so the policy will simply not work for many women. In addition, many people are concerned that women will be sanctioned because they struggle to find the child care to enable them to take a job. That question was raised in the Welsh Affairs Committee inquiry into the Work programme.

Government cuts are not only affecting women disproportionately but cutting off access to advice and legal support. At the same time as all the changes are being made to benefits, swingeing cuts are being made to advice services. Organisations such as Citizens Advice, Shelter Cymru and Consumer Focus Wales provide such services, but the sector is expected to lose approximately £3.36 million from various sources over the next 18 months, which is the equivalent of 50 full-time jobs. In fairness, the Welsh Government have recognised the importance of such services and recently provided £1.8 million of extra money to allow the organisations to adapt to the increased demand for their services.

My local citizens advice bureau in Newport, which does excellent work, has had 745 more cases this year than last, but that tells us only part of the story. The citizens advice bureau can only deal with the numbers for which it has funding and advisory capacity. The staff know that more demand exists, but they cannot meet that demand without additional funding. That is happening at a time when people need more help than ever before. As we all see in our surgeries, demand increases every week.

The changes to legal aid demonstrate yet again that the Government are willing to make cuts irrespective of their impact. I am already seeing heartbreaking cases in my surgery following the cuts to some family and civil legal aid. One mother of three children came to see me because her ex-husband had refused to return one of the children after a stay. The father has a high income but the mother is in receipt of benefits, so she sought legal advice but was informed that she does not qualify for legal aid. Because both parents are considered good parents, a court case will be required to solve the issue, but she does not have the money to pay for it. Her husband can have a solicitor but she cannot. She told me that

“the poor no longer have recourse to justice, only the well off.”

Unfortunately, she appears to be right.

Many victims of trafficking and domestic abuse will no longer be eligible for legal aid. According to research by Rights of Women and Welsh Women’s Aid, half of all domestic violence victims will not qualify for legal aid to help them and their children safely to separate from abusive relationships.

Susan Elan Jones Portrait Susan Elan Jones (Clwyd South) (Lab)
- Hansard - - - Excerpts

In recent years, we have seen a welcome change in emphasis from the police on domestic violence, and more people are now willing to report domestic violence. If people are being asked, rightly, to come forward, but they are being failed when it comes to legal funding, the situation is serious. I would have thought that people right across the House would regard domestic violence cases as extremely important.

Jessica Morden Portrait Jessica Morden
- Hansard - - - Excerpts

My hon. Friend is quite right. The changes to legal aid require a much higher level of evidence to be provided, and organisations such as Women’s Aid believe that as a result, half of women across Wales will not have access to legal aid if they need it.

There are so many areas in which women are disproportionately affected, and I have only talked about a few. I could have talked about the abolition of crisis loans, the bedroom tax, changes to tax credits or pension changes. Name a policy and it is likely to hit women hardest. When families are already feeling the impact of more than 7% inflation on energy costs, with Wales having some of the highest electricity bills in the UK, as well as more than 6% inflation on clothing and more than 4% inflation on food, people can see why it is important to address the inequalities.

Equality law states that whenever the Government propose new legislation and policies, they have to give due consideration to the impact that the changes may have on equality of opportunity between men and women. Time and again, it is clear that the analysis is either inadequate or being ignored, as women in Wales are disproportionately affected by the coalition’s policies. Rather than getting the analysis right, the equality duties were highlighted in the Government’s red tape challenge, and there are fears that they might be watered down or dropped altogether by the coalition.

It is now time for the Secretary of State for Wales to carry out an in-depth analysis of the impact of his Government’s policies on women in Wales, because no matter which way we turn or whatever policy we look at, the Government are letting down women in Wales.

16:40
Stephen Crabb Portrait The Parliamentary Under-Secretary of State for Wales (Stephen Crabb)
- Hansard - - - Excerpts

It is a pleasure to serve again under your chairmanship, Mr Benton.

I thank the hon. Member for Newport East (Jessica Morden) for securing this short debate on the important subject of women in Wales and the situation under this Government, or any Government. I thought I was coming in here to listen to a debate in the round on women in Wales, but—I hope she forgives me for saying this—in fact we were treated to a speech that was pretty similar to those we have heard in Westminster Hall and on the Floor of the House numerous times in the past three years: a general attack on cuts and welfare reform, dressed up as a debate about women in Wales. We could have been discussing the role of women in public life, higher education or the legal sector in Wales, or the efforts that we as a Government are making to help women in Wales smash through the glass ceiling and take their place on boards, running companies and being leaders in all spheres of life in Wales. What we actually had was a crude attack, if I may say so, on our welfare reform proposals and our approach to deficit reduction.

Nia Griffith Portrait Nia Griffith
- Hansard - - - Excerpts

Does the Minister not accept that the full title of the debate is “Effect of Government policies on women in Wales” and that my hon. Friend the Member for Newport East (Jessica Morden) has cited specific statistics about the situation as it affects women and women in Wales? She made that point a number of times. It is about the actual effect on women in Wales and the lack of an impact assessment or, if there is an impact assessment, the lack of sufficient attention to it, because there has been a disproportionate effect on women.

Stephen Crabb Portrait Stephen Crabb
- Hansard - - - Excerpts

The danger when looking through any particular demographic lens—we could have been debating the impact of policies on young people, older people, disabled people or people from ethnic minorities—is that we are lured into making generalisations and over-simplifications. We have had a bit of that this afternoon, so hopefully I will inject some balance into the debate.

The starting point, of course, is the economic context and the enormous financial crisis that still faces this country. It is worth putting on record again—I know that Opposition Members will roll their eyeballs at this—that the reason why we are having to take very difficult decisions about public expenditure, and the reason why we are having to restore discipline to our national finances, is the financial mess that the Labour party left after 13 years in government. I will go further: future generations of women and girls would not thank us if we shirked our responsibility now and did not address the deficit and the debt. They would not thank us for the burden of debt that we might hand on to them if we did not take the difficult decisions that we are taking.

Wayne David Portrait Wayne David (Caerphilly) (Lab)
- Hansard - - - Excerpts

I say with all due respect that we have had three years of this Conservative-led Government, and the record is now wearing a bit thin. It is no longer valid, if it ever was, to blame everything on the previous Government. Surely to goodness the Minister can form a better argument in defence of what he has done.

Stephen Crabb Portrait Stephen Crabb
- Hansard - - - Excerpts

The context is important, and it is valid. I reject what the hon. Gentleman says.

The Labour party is committed at the moment to cutting £7 out of every £8 that the coalition Government are cutting. The Labour party has said that it is committed to that level of budget cuts. Of course, it will not say where. I listened to the hon. Member for Newport East give a long list of cuts to which she objects, but she will not say what her party would have cut. She is also not saying that her party, if it were in government, would actually increase spending on any of those services. I hope she will forgive me for saying this, but it is a little disingenuous to attack all the efforts that we are making to restore discipline to our national finances without also being up front by saying, “As a party, if we were in government, we would probably be cutting all of these things, too.”

Siân C. James Portrait Mrs Siân C. James
- Hansard - - - Excerpts

Let us move away from cuts and look at job creation. In Swansea East, the most recent figures show that between May 2012 and May 2013 female unemployment rose by 13.5%, yet male unemployment fell by 1.5%. Things are just not working for women, are they? That is really what the debate is all about. My hon. Friend the Member for Newport East (Jessica Morden) was attempting to say—and I think she said it very succinctly—that it is not working for women. What are this Government going to do on their behalf?

Stephen Crabb Portrait Stephen Crabb
- Hansard - - - Excerpts

There are communities in Wales in which unemployment among women remains a very serious problem, and I recently spent a day visiting various initiatives in the valleys, looking at job creation schemes and efforts to address long-term unemployment among men and women. I completely recognise the point that the hon. Lady is making, but let us step back and look at the bigger picture.

More women in this country went out to work today than ever before in history. There are now 13.8 million women in employment, which is more than ever before. Female unemployment actually rose under the last Labour Government by 30%. Under this Government, since May 2010, the number of women employed in the UK has increased by more than 350,000; in Wales, the number of women employed has increased by 21,000. The picture is not as gloomy as the hon. Member for Newport East presents. The employment rate in Wales among women is up by 1.2 percentage points, which is good progress. We are not complacent about that, and we need to be ambitious about improving it, but the trajectory is positive.

In the hon. Lady’s constituency of Newport East, there are now 2,400 more women in employment than two years ago. Surely she must welcome that. The employment rate among women in her constituency is up by more than 6%. Some positive things are happening.

Jessica Morden Portrait Jessica Morden
- Hansard - - - Excerpts

Does the Minister appreciate that long- term unemployment among women and unemployment among young women have risen?

Stephen Crabb Portrait Stephen Crabb
- Hansard - - - Excerpts

I do not have the specific statistics to hand, but as I said to the hon. Member for Swansea East (Mrs James), there are certainly communities in which the trends are not as positive as the broader Welsh trend that I have presented here. We need to be more ambitious and redouble our efforts to see unemployment fall across all categories of women in Wales. I hope Members of all parties can agree on that.

Beyond just the positive signs we are seeing in the employment market, we as a Government absolutely recognise that many, many families face real financial pressure at this time. Many of those families, as the hon. Member for Newport East rightly says, are headed by single women, which is one reason why we are absolutely committed to assisting with the cost of living. We have seen some significant increases in the cost of living, which have placed huge burdens on families in recent years. That is one reason why we are doing one of the most effective things that can be done to put cash back in families’ pockets, which is to take the lowest-paid workers out of income tax altogether. We have now cut income tax for more than 1.1 million working people in Wales by increasing the tax-free personal allowance. By increasing it to £10,000 in 2014, we will lift 130,000 of the lowest-paid workers in Wales out of income tax altogether. Let no one be in any doubt: the majority of those 130,000 people lifted out of income tax—57%—will be women.

The hon. Member for Newport East spoke in great detail about some of our welfare reform measures. The introduction of universal credit is central to our welfare plans. Why are we reforming welfare? First, we cannot begin to think about cutting the deficit and the debt burden unless we are serious about welfare reform. Also, we all have communities in our constituencies where there are people who have not worked a day in their life—we have 200,000 such people in Wales, and worklessness is still a huge problem in many of our communities. If we care about those communities and are bothered by that, we must be serious about welfare reform. We as a Government are certainly bothered by it, which is why we are putting so much energy and focus on welfare reform.

Nia Griffith Portrait Nia Griffith
- Hansard - - - Excerpts

As my hon. Friend the Member for Newport East said, we support the idea of making work pay, but it seems to us from the figures presented by professional organisations that universal credit may actually provide a disincentive for the second earner in a household to go out to work or take on more hours. Can the Minister take that back as a serious message to his colleagues in the Department for Work and Pensions and ask them to consider it, so that the introduction of universal credit does not create a disincentive for people to go out to work?

Stephen Crabb Portrait Stephen Crabb
- Hansard - - - Excerpts

If that is a real concern and there is evidence to back it up, I will certainly take it to my noble Friend Lord Freud, the Minister responsible for welfare reform, and discuss it with him. I sit with him and discuss the impact of welfare reform in Wales, because I am concerned about it. The whole purpose of introducing universal credit is a more simplified system, which we want to incentivise more work. We hope that more women will choose to re-enter the labour market, partly on the back of the introduction of universal credit. Some of them will be in work already, but we want them to take on more hours if they choose to do so. We want people to be able to make the right choices for them in their circumstances at that point in time, and we want a welfare system that supports those choices rather than creating negative incentives that work against the interests of the families and individual women that we are discussing.

Households with single women and couple households will be better off on average after the introduction of universal credit. We are clear that that is what the modelling shows. Single women will receive an average increase in benefits of about £13 a month, and the figure for couple households will be £16 a month.

The impact of child care costs has been mentioned. We recognise that, and I am grateful to my hon. Friend the Member for Ceredigion (Mr Williams) for putting on record some of the measures that we as a Government have taken to assist with child care costs, most notably the introduction of the tax-free child care scheme, which makes child care simpler and more affordable for parents to access. From autumn 2015, working families will be able to claim 20% of child care costs, up to £1,200 per child under 12. We believe that that will contribute significantly to helping women who want to go out to work in Wales by encouraging those who want to do so to get back into the labour market and take the jobs that are being created.

To respond to the point made by Opposition Members, I absolutely agree that more women than men have been affected by public sector job losses, due to the proportion of men and women who work in public services. Nevertheless, it is true—even in Wales, where Opposition critics said that it could not happen, because we were led to believe that the private sector was too weak—that more private sector jobs have been created in Wales to offset public sector job losses. Women are taking up those new jobs. Some of them will need extra skills training, and we are committed to helping provide that, but I genuinely believe that the employment situation is not nearly as grim as Opposition Members say.

Jessica Morden Portrait Jessica Morden
- Hansard - - - Excerpts

Does the Minister accept that some of those jobs are lower-paid part-time jobs?

Stephen Crabb Portrait Stephen Crabb
- Hansard - - - Excerpts

There is a general problem in the economy at the moment that real wages are falling as a consequence of the recession. We are seeing that across sectors. Actually, a great many women want to work part-time. When I go around and talk to unemployed men, one common complaint that I hear is, “A lot of the new jobs being created are much more suited to women with families.” A great many women in Wales have been able to benefit from that structural change in the labour market.

We could also talk about pension reforms such as the introduction of the single-tier pension and tackling the historic inequality between men’s and women’s pension receipt. We could talk about the efforts that this Government are making to tackle domestic gender-based violence, a point raised by Opposition Members. We as a Government are absolutely committed to, and serious about, breaking down the barriers that women face in all spheres of life, so that women can play their fullest role in work and have equality at home, in educational institutions and—

Jessica Morden Portrait Jessica Morden
- Hansard - - - Excerpts

Why are there not more women in the Cabinet, then?

Stephen Crabb Portrait Stephen Crabb
- Hansard - - - Excerpts

We will try to fix that. The hon. Lady will have to wait and see. On that point, I will end.

Question put and agreed to.

16:55
Sitting adjourned.

Written Statements

Tuesday 16th July 2013

(10 years, 9 months ago)

Written Statements
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Tuesday 16 July 2013

R v Mouncher and Others (Disclosure Handling)

Tuesday 16th July 2013

(10 years, 9 months ago)

Written Statements
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Dominic Grieve Portrait The Attorney-General (Mr Dominic Grieve)
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On 26 January 2012, the Director of Public Prosecutions, Keir Starmer QC, announced that he had asked Her Majesty’s Crown Prosecution Inspectorate (HMCPSI) to consider the way in which the prosecution team conducted the disclosure exercise in the case of R v. Mouncher and others, following the discontinuance of the trial on 1 December 2011. The HMCPSI’s independent review has examined and made findings on the following matters:

1. Whether the prosecution team (CPS and counsel) approached, prepared and managed disclosure in this case effectively, bearing in mind the history, size and complexity of the investigation and prosecution;

2. Whether the CPS and prosecuting counsel complied with their disclosure duties properly in relation to the extensive material generated in this case;

3. Whether the prosecution team CPS followed all relevant guidance and policy in relation to the disclosure in this case; and,

4. To make such recommendations as 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 of similar size and complexity cases.

The Director of Public Prosecutions (DPP) has today published the findings of this review in full without any alteration or redaction and a copy has been placed in the Libraries of both Houses. The full review is also available online at www.cps.gov.uk.

The review concludes that despite the determination and hard work of the prosecution team (CPS staff and counsel), the approach to disclosure did not consistently meet the necessary standards. It notes that this was a very large case of about a million pages yet importantly also highlights that a great deal of unused material was disclosed to the defence and the number of disclosure decisions questioned at court represented a very small proportion of the decisions made.

The significance of the failure to disclose notes of police and CPS contacts with key witnesses was substantial. Other errors were less significant and some criticisms of the prosecution were unwarranted. While many of the mistakes or oversights did not disadvantage the defence or were capable of correction—and corrected—during the trial, their cumulative effect enabled the defence to undermine the confidence in the disclosure process.

The review also found some errors of principle—in particular, the prosecution took too narrow an approach to the disclosure test. The narrow approach was a failure of case management, particularly the lack of supervision of disclosure counsel’s work.

Finally, the review concluded that there was no evidence that prosecutors or police disclosure officers made decisions for any improper reason. Some mistakes were made in applying guidance but these represented a very small proportion of all the disclosure decisions that were made and many were discovered and corrected as a result of quality assurance exercises. More detailed conclusions can be found within the report including evidence of good practice.

The review recommends that more explicit guidance be included in the Prosecution Team Disclosure Manual including meetings with victims and quality assurance exercises as well as emphasising early CPS engagement with the police and how to consider the merits of an apparent defence.

The review also recommends the prosecution should prepare a written summary of the disclosure processes to be adopted including the rationale for the parameters used when applying the disclosure tests as well as the treatment of secondary source and duplicate material. The summary can then be served on the defence and the court. Finally, recommendations are made regarding the development of searchable IT systems to assist handling of disclosure in large and complex cases.

The DPP accepts in their entirety the findings and recommendations set out in the review. In January 2012, the DPP also ordered a complete overhaul of the CPS approach to modernise disclosure in serious and complex cases and since 1 March 2013 a new regime has been in place. This was designed to complement and support the Disclosure Case Management initiative launched by the senior presiding judge, Lord Justice Gross, on 3 June this year,

HMCPSI worked alongside the IPCC on this matter and their review is also published today.

National Fraud Initiative

Tuesday 16th July 2013

(10 years, 9 months ago)

Written Statements
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Lord Maude of Horsham Portrait The Minister for the Cabinet Office and Paymaster General (Mr Francis Maude)
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I am today announcing that the Cabinet Office intends to take over hosting of the Audit Commission’s National Fraud Initiative (NFI) subject to the passage of the Local Audit and Accountability Bill.

The move to the Cabinet Office will allow the NFI to develop its existing work in line with Government activities to tackle fraud, error and debt. The programme will become part of the fraud, error and debt taskforce. I look forward to working with the NFI’s stakeholders to ensure that it continues to build on its existing success.

Officials in both DCLG and the Cabinet Office will work closely with the Audit Commission to prepare for a potential transition at the appropriate time.

National Insurance Contributions Bill

Tuesday 16th July 2013

(10 years, 9 months ago)

Written Statements
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David Gauke Portrait The Exchequer Secretary to the Treasury (Mr David Gauke)
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HM Revenue and Customs has published a draft National Insurance Contributions Bill.

I am placing copies of the draft Bill and accompanying documents in the Libraries of both Houses.

Counter-Terrorist Asset Freezing Regime

Tuesday 16th July 2013

(10 years, 9 months ago)

Written Statements
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The Financial Secretary to the Treasury (Greg Clark): My noble friend the Commercial Secretary to the Treasury, Lord Deighton, has today made the following written ministerial statement:
Under the Terrorist Asset-Freezing etc. Act 2010 (“TAFA 2010”), the Treasury is required to report to Parliament, quarterly, on its operation of the UK’s asset-freezing regime mandated by UN Security Council Resolution 1373.
This is the tenth report under the Act and it covers the period from 1 April 2013 to 30 June 2013. This report also covers the UK implementation of the UN al-Qaeda asset-freezing regime and the operation of the EU asset-freezing regime in the UK under EU regulation (EC) 2580/2001 which implements UNSCR 1373 against external terrorist threats to the EU. Under the UN al-Qaeda asset-freezing regime, the UN has responsibility for designations and the Treasury has responsibility for licensing and compliance with the regime in the UK under the Al-Qaeda (Asset-freezing) Regulations 2011. Under EU regulation 2580/2001, the EU has responsibility for designations and the Treasury has responsibility for licensing and compliance with the regime in the UK under part 1 of TAFA 2010.
Annexes A and B to this statement provide a breakdown, by name, of all those designated by the UK and the EU in pursuance of UN Security Council Resolution 1373.
The following table sets out the key asset-freezing activity in the UK during the quarter ending 30 June 2013:

TAFA 2010

EU Reg (EC) 2580/2001

Al-Qaeda Regime UNSCR 1989

Assets frozen (as at 30/06/2013)

£91,000

£11,000

£73,0001

Number of accounts frozen in UK(at 30/06/13)

61

10

28

New accounts frozen

4

0

1

Accounts unfrozen

4

0

0

Number of designations (at 30/06/2013)

39

362

290

(i) New designations (during Q2 2013)

1

0

0

(ii) Delistings

1

0

6

(iii) Individuals in custody in UK (at 30/06/2013)

14

0

1

(iv) Individuals in UK, not in custody (at 30/06/2013)

4

0

4

(v) Individuals overseas (at 30/06/2013)

13

11

221

(vi) Groups

8 (0 in UK)

25 (1 in UK)

64 (1 in UK)

Individuals by Nationality

(i) UK Nationals3

14

n/a

n/a

(ii) Non UK Nationals

17

Renewal of designation

0

n/a

n/a

General Licences

(i) Issued in Q2

(i) 0

(ii) Amended

(ii) 0

(iii) Revoked

(iii) 0

Specific Licences

(i) Issued in Q2

(i) 3

(i) 0

(i) 4

(ii) Amended

(ii) 1

(ii) 0

(ii) 1

(iii) Revoked

(iii) 0

(iii) 0

(iii) 0

1This figure reflects the most up-to-date account balances available and includes approximately $64,000 of suspected terrorist funds frozen in the UK. This has been converted using exchange rates as of 02/07/2013.

2Includes EU only and joint UK and EU listings.

3Based on information held by the treasury, some of these individuals hold dual nationality.

Legal Proceedings
Appeals against designations made under the Terrorism (United Nations Measures) Order 2009 and TAFA 2010 were ongoing in the quarter covered by this report, brought by Zana Abdul Rahim. The appeal brought by Gulam Mastafa against his designation under TAFA 2010 was concluded. Gulam Mastafa has since issued a civil claim against the Treasury and other Government Departments. A civil claim against the Treasury arising from the designation of another individual, known as “M” for the purpose of these proceedings is also on-going. A new challenge under s63(2) of the Counter-Terrorism Act 2008 has been issued by Mohammed Al Ghabra against the Treasury. This has been joined to be heard with a claim for Judicial Review brought by Mohammed Al Ghabra against the Foreign and Commonwealth Office.
In the quarter to 30 June 2013, no criminal proceedings were initiated in respect of breaches of asset freezes made under TAFA 2010 or under the Al-Qaeda (Asset-Freezing) Regulations 2011.
Annex A: Designated persons under TAFA 2010 by name4
Individuals
1. Hamed Abdollahi
2. Bilal Talal Abdullah
3. Imad Khalil Al-Alami
4. Abdula Ahmed Ali
5. Abdelkarim Hussein Al-Nasser
6. Ibrahim Salih Al-Yacoub
7. Manssor Arbabsiar
8. Usama Hamdan
9. Nabeel Hussain
10. Tanvir Hussain
11. Zahoor Iqbal
12. Umar Islam
13. Hasan Izz-Al-Din
14. Mohammed Khaled
15. Parviz Khan
16. Waheed Arafat Khan
17. Osman Adam Khatib
18. Musa Abu Marzouk
19. Khalid Mishaal
20. Khalid Shaikh Mohammed
21. Ramzi Mohammed
22. Sultan Muhammad
23. Yassin Omar
24. Hussein Osman
25. Muktar Mohammed Said
26. Assad Sarwar
27. Ibrahim Savant
28. Abdul Reza Shahlai
29. Ali Gholam Shakuri
30. Qasem Soleimani
31. Waheed Zaman
Entities
1. Basque Fatherland and Liberty (ETA)
2. Ejercito de Liberacion Nacional (ELN)
3. Fuerzas Armadas Revolucionarias de Colombia (FARC)
4. Hizballah Military Wing, including External Security Organisation
5. Holy Land Foundation for Relief and Development
6. Popular Front for the Liberation of Palestine - General Command (PFLP-GC)
7. Popular Front for the Liberation of Palestine (PFLP)
8. Sendero Luminoso (SL)
Annex B: Persons designated by the EU under Council Regulation (EC)2580/20015
Persons
1. Hamed Abdollahi*2. Abdelkarim Hussein Al-Nasser*3. Ibrahim Salih Al Yacoub*4. Manssor Arbabsiar*5. Mohammed Bouyeri6. Sofiane Yacine Fahas7. Hasan Izz-Al-Din*8. Khalid Shaikh Mohammed*9. Abdul Reza Shahlai*10. Ali Gholam Shakuri*11. Qasem Soleimani*
Groups and Entities
1. Abu Nidal Organisation (ANO)
2. Al-Aqsa Martyrs’ Brigade
3. Al-Aqsa e.V.
4. Al-Takfir and Al-Hijra
5. Babbar Khalsa
6. Communist Party of the Philippines, including New People’s Army (NPA), Philippines
7. Gama’a al-lslamiyya (a.k.a. Al-Gama’a al-Islamiyya) (Islamic Group—IG)
8. Islami Büyük Dogu Akincilar Cephesi (IBDA-C) (Great Islamic Eastern Warriors Front)
9. Hamas, including Hamas-Izz al-Din al-Qassem
10. Hizbul Mujahideen (HM)
11. Hofstadgroep
12. Holy Land Foundation for Relief and Development*
13. International Sikh Youth Federation (ISYF)
14. Khalistan Zindabad Force (KZF)
15. Kurdistan Workers Party (PKK) (a.k.a. KONGRA-GEL)
16. Liberation Tigers of Tamil Eelam (LTTE)
17. Ejército de Liberación Nacional (National Liberation Army)*
18. Palestinian Islamic Jihad (PIJ)
19. Popular Front for the Liberation of Palestine (PFLP)*
20. Popular Front for the Liberation of Palestine—General Command (PFLP-GC)*
21. Fuerzas armadas revolucionarias de Colombia (FARC)*
22. Devrimci Halk Kurtulu Partisi-Cephesi—DHKP/C (Revolutionary People’s Liberation Army/Front/Party)
23. Sendero Luminoso (SL) (Shining Path)*
24. Stichting Al Aqsa
25. Teyrbazen Azadiya Kurdistan (TAK)
4For full listing details please refer to: www.gov.uk
*EU listing rests on UK designation under TAFA 2010.

LOCOG and Public Sector Funding

Tuesday 16th July 2013

(10 years, 9 months ago)

Written Statements
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Hugh Robertson Portrait The Minister of State, Department for Culture, Media and Sport (Hugh Robertson)
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In our final quarterly report on the games, published in October 2012, I said that the funds from the Olympic budget are still necessary in the transformation phase so we cannot provide an absolutely final cost, but it remains highly likely that the public sector funding package for London 2012 will come in under £9 billion.

The transformation phase is still in progress but with the voluntary liquidation of the London Organising Committee of the London 2012 Olympic and Paralympic games (LOCOG) in train from 30 May 2013 now is a good time to update you on the latest position on the public sector funding package.

I am pleased to report that the anticipated forecast cost (AFC) of the Olympic and Paralympic programme has reduced from £8,921 million to £8,770 million, taking the total projected savings against the £9,298 million public sector funding package for the games (PSFP) from the £377 million that I reported in October 2012 to £528 million at end May 2013—an increase in savings of £151 million. The £528 million includes the handover to Government of a £20 million closing balance of non-grant income from LOCOG, effectively a repayment of grant.

The main reason for the increase in savings since end September 2012 is lower security costs :

a) A reduction in venue security costs from £514 million to £429 million, saving £85 million.

b) A reduction in policing and wider security costs from £455 million to £423 million, saving £32 million.

Taken together with spending on security for park construction by the Olympic Delivery Authority of £220 million, the cost of security met from the PFSP was £1,072 million. After taking full account of spending on venue security by LOCOG, this is a saving of £120 million compared to the provision and contingency announced in 2007 for the Olympic Delivery Authority and for policing and wider security.

The reduction in venues security costs follows LOCOG’s settlement with G4S.

LOCOG’s post-games risks were well managed, saving £30 million.

Details of the movements in funding requirement between 30 September 2012 and 31 May 2013 are set out in the following table :

Movements in the PSFP Requirement – 30 September 2012 – 31 May 2013

30 September 2012

31 May 2013

Variance

(£ms)

(£ms)

(£ms)

Olympic Delivery Authority

6714

6711

-3

Park Transformation

296

296

0

Policing and Wider Security

455

423

-32

Venue Security

514

429

-85

Elite and Community Sports

290

290

0

Paralympic Games

111

114

3

LOCOG Park Operations

78

70

-8

Funding available to LOCOG

224

230

6

Contingency held against LOCOG post-Games risks

30

0

-30

Operational Provisions

137

135

-2

Look of London and wider UK

32

32

0

City Operations

23

23

0

Domestic and International tourism campaigns

4

4

0

GLA Olympic and Paralympic programmes

13

13

0

PSFP contingency and other savings remaining

377

528

151

Total

9298

9298

0



The transformation of the Olympic park venues and infrastructure, apart from the Olympic village, is being undertaken by the London Legacy Development Corporation, a Mayoral Development Corporation, chaired by the Mayor of London and accountable to the GLA, rather than by the Olympic Delivery Authority (ODA). The LLDC receives funding from the PSFP through DCLG and the GLA, to deliver the transformation programme (the £296 million for park transformation referred to in the table above).

The Olympic Delivery Authority remains responsible for the conversion of the Olympic village for residential use and for completion of the health centre and academy. This project involves the removal of temporary games-time elements and the installation of kitchens and other infrastructure to 2,818 apartments and the completion of sale of 1,379 of the properties to a social landlord, triathlon, for affordable housing and of the completion of sale of the remainder to a private landlord for rent. Good progress is being made and the first of the village blocks is due to be completed in time for occupation in summer 2013. The entire project will be completed in 2014, and when all remaining contracts have been closed out, the ODA will be dissolved. The LLDC’s programme is well under way. Key legacy users have been secured for all the venues on the new Queen Elizabeth Olympic park and the north section of the park is due to open in July 2013. The rest of the Queen Elizabeth Olympic park will open in spring 2014.

On completion of sale in 2014, the sale of the Olympic village private housing and associated land will yield over £550 million in receipts, as planned, keeping the costs within the £9,298 million PSFP. This includes returns to the Olympic Lottery Distribution Fund (circa £71million) and to the GLA (circa £30 million).

Any residual lottery funding held by ODA at the date of its dissolution will be returned to the Olympic Lottery Distribution Fund (OLDF) and when the OLDF is wound up in 2014 will be passed to the National Lottery Distribution Fund (NLDF).

The distribution of the net proceeds from the subsequent sale of land on the Olympic park is subject to a legal agreement between the Government and the GLA. It provides that after the first £223 million of net proceeds has gone to the GLA to pay off residual land debt, the next £900 million of net proceeds will be divided 75% to the national lottery distributors, and 25% to the GLA. Any further net proceeds will be divided 50% between Government and the GLA or LLDC. The first receipts to the lottery distributors from land sales on the Olympic park are expected to arrive in the mid-2020s.

On 19 July the Government and the Mayor of London will be publishing “Inspired by 2012”. This report will detail what has been achieved a year on from London 2012 across the areas of sport and healthy living, east London regeneration, economic benefits and growth, and bringing communities together.

MOD Annual Report and Accounts

Tuesday 16th July 2013

(10 years, 9 months ago)

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Lord Hammond of Runnymede Portrait The Secretary of State for Defence (Mr Philip Hammond)
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I am today publishing the Ministry of Defence’s annual report and accounts 2012-13. It provides a comprehensive overview of the Department’s financial performance for the year, together with data on some specific areas of non-financial performance, including factual information on the Department’s progress against structural reform and business plan priorities.

Astute Boat 6

Tuesday 16th July 2013

(10 years, 9 months ago)

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Lord Hammond of Runnymede Portrait The Secretary of State for Defence (Mr Philip Hammond)
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I am pleased to announce that the Astute class submarine hull 6 is to be named HMS Agamemnon. The boat is expected to join HMS Astute, HMS Ambush, HMS Artful, HMS Audacious and HMS Anson in service in 2022.

The seven Astute class boats planned for the Royal Navy are the most advanced attack submarines ordered by the Ministry of Defence, with improved firepower and communications, and the ability to operate stealthily for extended periods. The crew also benefit from greatly improved accommodation and facilities.

The boats will undertake a wide range of tasks in support of military operations worldwide.

Advisory Committee on Conscientious Objectors

Tuesday 16th July 2013

(10 years, 9 months ago)

Written Statements
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Mark Francois Portrait The Minister of State, Ministry of Defence (Mr Mark Francois)
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On 22 March 2013, I announced to Parliament through a written ministerial statement, Official Report, column 60WS, the commencement of the triennial review of the Advisory Committee on Conscientious Objectors (ACCO). I am now pleased to announce the completion of the review.

The Advisory Committee on Conscientious Objectors is an advisory non-departmental public body (NDPB), sponsored by the Ministry of Defence. It provides advice to the Secretary of State for Defence on appeals from service personnel whose applications to leave the armed forces on the ground of conscience have been rejected.

The triennial review was conducted in accordance with Government guidance for reviewing NDPBs. Accordingly, stage 1 of the review considered whether there continues to be a need for the function, which the ACCO currently undertakes, to be delivered and whether the function could be more effectively delivered through a vehicle other than a NDPB. Stage 2 of the review scrutinised the current governance arrangements of the ACCO to ascertain whether it complies with the principles of good governance.

The review concluded that there continues to be a need for a body, independent of the chain of command, to provide informed advice to the Secretary of State about the status of service personnel who are seeking discharge from the armed forces, on grounds of conscience but whose application to leave on this basis has been rejected by the chain of command. The review considered that the most effective method of delivering this function is through a NDPB. Finally, the review considered that the ACCO complies with the principles of good governance, but made five recommendations, which the MOD will now consider.

The five recommendations are:

Recommendation 1 —The departmental board must strengthen its corporate governance arrangement and monitor the performance of the relevant advisory bodies appropriately in accordance with their nature, size and role.

Recommendation 2—The sponsoring department should strengthen the terms of reference by stating clearly that they are responsible for assessing the effective performance of the Committee.

Recommendation 3—The sponsoring department in consultation with the Ministry of Justice on behalf of the Lord Chancellor, to consider whether the chair should become involved with lay member appointments or reappointment, including the skills and experience required by the Committee.

Recommendation 4—The chair should be asked to confirm the members’ reappointment to ensure that no question of cause for non-renewal is raised, and this is then put to the Lord Chancellor to make the re-appointment. It would be unnecessarily burdensome to do this every year.

Recommendation 5—That the Register of Interests should be reviewed and regularly updated.

The report of the review will be now published in full in accordance with Government guidance.

National Employer Advisory Board

Tuesday 16th July 2013

(10 years, 9 months ago)

Written Statements
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Mark Francois Portrait The Minister of State, Ministry of Defence (Mr Mark Francois)
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In June 2012, I announced in Parliament through a written ministerial statement, the commencement of the triennial review of the National Employer Advisory Board (NEAB). I am now pleased to announce the completion of the review.

The NEAB is an advisory non-departmental public body (NDPB), sponsored by the Ministry of Defence, which provides informed but independent advice to Ministers, the MOD and the reserves community about how it can most effectively gain and maintain the support of and for the employers of Britain’s reserve forces. The review considered the effectiveness of how the functions of the NEAB are currently delivered, whether there is a need for the functions and for the advisory NDPB to continue, and if so, how the function might best be delivered in future.

The review concluded that informed independent strategic advice that the NEAB provides to Ministers, defence chiefs and the reserves community is still required and that it should be retained as an advisory NDPB. The review also considered the governance arrangements for the NEAB in accordance with Cabinet Office guidance on good corporate governance. The report makes some recommendations in this respect that will be considered by the chairman and sponsoring division. The review was set firmly in the context of the review of employer engagement under the future reserves 2020 programme where there will be an increased importance in understanding and anticipating changes in the employer environment.

Tri-Service Recruit Trainee Survey 2012

Tuesday 16th July 2013

(10 years, 9 months ago)

Written Statements
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Mark Francois Portrait The Minister of State, Ministry of Defence (Mr Mark Francois)
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Today I am publishing the 2012 recruit trainee survey annual report. All recruits and trainees passing through phase 1 and 2 training are offered the opportunity to participate in the survey, which is anonymous and administered independently on behalf of the services by an external contractor.

The annual report contains the views of recruits and trainees about topics such as the preparation for joining, their treatment during phase 1 and 2 training, food, accommodation, access to instructional and welfare staff and complaints procedures. Overall the results are positive and importantly, the findings are used by service training headquarters and units to monitor the training environment and make improvements.

I intend to place a version of the full recruit trainee survey 2012 annual report in the Library of the House.

Service Police Crime Statistics and Analysis Cell

Tuesday 16th July 2013

(10 years, 9 months ago)

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Mark Francois Portrait The Minister of State, Ministry of Defence (Mr Mark Francois)
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During the debate on the Military Justice System that was held in Westminster Hall on 31 January 2013, I put on record my commitment to produce the most accurate information possible relating to sexual offences involving members of the armed forces. I then initiated further work with the service police provost marshals to explore practical ways of achieving this.

I am now able to provide an update to the House on the work of a Service Police Crime Statistics and Analysis Cell, which has been created within the Service Police Crime Bureau that is located at Southwick Park, Hampshire.

The aim of the Crime Statistics and Analysis Cell is to improve the quality of, and speed of access to, information relating to service police investigations. Initially, this involves creating a new standalone database to cover all sexual offences investigated by the service police since implementation of the Armed Forces Act 2006. Over the coming months, this database will be updated with information provided by service police units and other organisations that work within the Service Justice System. This, in turn, will provide the service police and the Ministry of Defence with more reliable and assured management information on which to base future thinking and decision making.

Although the initial focus of the Service Police Crime Statistics and Analysis Cell is on information relating to sexual offences, its role is being expanded to cover certain other offences (e.g. firearms, drugs, theft, fraud and those involving violence). The aim is to ensure that more accurate and reliable data are available from April 2014. In parallel, the service police are also taking forward work to enhance their existing crime recording IT system, with a view to auditing and assuring its data and enhancing its search capability by October 2014.

Sexual offences of any kind are not tolerated in the Ministry of Defence. The work of the Service Police Crime Statistics and Analysis Cell will enable the service police to monitor patterns of offending behaviour more accurately, and to allocate their resources accordingly.

More Affordable Childcare

Tuesday 16th July 2013

(10 years, 9 months ago)

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Elizabeth Truss Portrait The Parliamentary Under-Secretary of State for Education (Elizabeth Truss)
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Today the Government are publishing “More affordable childcare”, which sets out our plans for improving the supply of affordable child care.

Reliable and affordable child care is vital to giving parents the choice to get into and remain in work. We know that for many parents, before and after school and holiday care is the most difficult and costly to find.

“More affordable childcare” sets out the Government’s plans to help working parents access the child care they need when they need it, in particular by:

helping schools to offer affordable after school and holiday care, either alone or working with private and voluntary providers;

enabling nurseries to expand by reducing red tape and removing planning restrictions;

ensuring that childminders and nurseries that are good or outstanding can automatically receive Government funding for two, three and four-year-olds; and

supporting parents to access more informal care.

We want to encourage more schools to follow the examples of trailblazers like Harris Academies and the Free School Norwich by offering parents child care before and after school and during holiday times, working with private and voluntary providers if they want to do so.

Today, Harris Academies has committed that every new Harris primary academy that opens will offer a wraparound care service from 8am to 6pm as a minimum for the children that attend. The Free School Norwich offers child care for parents before and after school and for 51 weeks a year, all on a self-funding basis.

The Government want to make it easier for nurseries and childminders to expand by extending the planning relaxations recently introduced for state-funded schools to nurseries, such as using vacant office space.

All good and outstanding childminders and nurseries will automatically be eligible to receive Government early education funding from September. At the moment local authorities act as gatekeepers to this funding. This change will mean that over 80% of nurseries and over 70% of childminders would be able to receive this funding. Less than 10% of childminders currently offer funded places. This reform will help create a fairer market for childminders, which alongside the introduction of childminder agencies should see increased choice for parents who want high-quality home-based care.

This change will free up local authorities to work in concert with Ofsted to improve weaker providers and attract new strong providers to their areas.

We will also seek to address historic unfairnesses in funding by looking to introduce a national funding formula for early education in time.

In addition, we are proposing to streamline regulations, so that:

schools have flexibility to provide child care beyond term times and beyond the school day, making it easier for schools to offer provision from 8am to 6pm for three and four-year-olds and primary school children, in addition to enabling school nurseries to accept two-year-olds;

we will remove the unnecessary after-school learning requirements for children of reception age, who are already being taught during the school day;

there will be a single set of safety requirements for all children, with separate learning requirements for those not at school, in place of the three separate sets of requirements that currently apply;

nurseries and childminders do not need to complete paperwork such as “learning journeys”, meaning more time with children; and

we will support parents to make common-sense arrangements with their friends and neighbours by increasing the amount of time that a child can be looked after informally from two to three hours per day.

Copies of the report and consultation documents will be in Libraries of both Houses.

Marine Conservation Zones and Marine Planning

Tuesday 16th July 2013

(10 years, 9 months ago)

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Lord Benyon Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Richard Benyon)
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Today the Government are publishing a summary of responses to the consultation on creating a series of marine conservation zones (MCZs) around our coast and the Marine Management Organisation is launching a consultation on the first draft marine plans for the eastern inshore and offshore areas.

A total of 40,632 responses to the MCZs consultation were received, ranging from support for the designation of all 127 MCZs recommended by regional projects to objections to many sites and concerns from most marine industries about management of MCZs. A final decision on which sites will be designated will be made over the summer with the aim of making designations in the autumn. At the same time we will indicate our proposed approach to the next stage of work on MCZs.

We are doing more than ever to protect our marine environment and a wide range of marine protected areas already exist. Nearly a quarter of English inshore waters are already established as marine protected areas. In total the UK has 214 marine protected areas covering 73,890 sq km designated under the EU habitats and wild birds directives. Together, these protect important European marine habitats and species and seabirds, their habitats and foraging areas. New MCZs will supplement this network, as will further marine special protection areas on which consultations are planned for the autumn.

We are also improving the way we manage fisheries in European marine protected areas. This will ensure that key habitats are protected from damaging activities, delivering benefits both in terms of conservation and the associated wider ecosystem services. Any restrictions in fisheries must be proportionate, fair and not discriminatory. Outside 12 miles, co-operation with other member states is necessary to ensure there is effective management. That is why I am pleased that, with the Netherlands and Germany, we are working to submit to the European Commission joint proposals, designed in co-operation with the fisheries and NGO sectors, for managing fishing activities on the Dogger Bank special area of conservation, one of Europe’s largest marine protected areas.

The first draft marine plans for the eastern inshore and offshore areas will enable transparent and streamlined decision making, reduce regulatory burden and provide certainty for developers, while safeguarding our environment. In short, marine plans will enable us to manage competing uses of our seas and identify opportunities for sharing space in busy areas so that as many industries as possible can benefit.

Our ambitious marine agenda also includes reform of the common fisheries policy, on which I made a statement to the House of Commons on 17 June, Official Report, column 637. We have secured significant reform of the current, broken CFP. We stood firm during these lengthy negotiations to agree reforms that will make fishing more sustainable, decentralise decision making and eliminate the discarding of dead fish.

We are making good progress on implementing the shark, skate and ray conservation plan, which aims to allow depleted stocks to recover and those faring better to be fished sustainably. Finally, to protect cetaceans we have implemented measures to reduce by-catch, which we will continue to monitor through the UK’s cetacean by-catch monitoring scheme, recognised as one of the best in Europe.

Together, all these measures will contribute to achieving good environmental status in our seas by 2020, as required under the EU marine strategy framework directive. The Government remain committed to taking concrete action to protect our marine environment to safeguard sustainable, productive and healthy seas.

Tree Health and Plant Biosecurity Taskforce

Tuesday 16th July 2013

(10 years, 9 months ago)

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Owen Paterson Portrait The Secretary of State for Environment, Food and Rural Affairs (Mr Owen Paterson)
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In my statement to the House on 20 May 2013, Official Report, column 54WS, I announced the publication of the final report of the tree health and plant biosecurity taskforce. I set out the Government’s initial response and committed to providing the House with an update before the summer recess, having discussed the taskforce’s recommendations with a range of interested parties.

Last week, I heard from over 80 stakeholders at a summit organised to discuss the taskforce’s recommendations and to report on progress since the report was published. There was universal acceptance of the need for urgent action and a range of constructive ideas about how we should take forward work to safeguard plant health using the taskforce report as a blueprint. The key messages from those discussions were:

We need strong collaboration across the UK and with the Republic of Ireland to ensure effective biosecurity;

At EU level, we need to take a tougher line, seeking protected zone status well before new pests and diseases arrive and only allowing new trades when we are sure that they do not represent an unacceptable risk;

We need to hold other member states to high standards of surveillance and enforcement to ensure that all are playing their part in keeping the EU safe from threats from other parts of the world;

All our actions need to be underpinned by a strong evidence base and effective horizon scanning.

The summit also provided an opportunity to report on action taken since May when I made a commitment to rapid progress on two of the taskforce’s key recommendations: producing a prioritised risk register and improving our preparedness and contingency planning. Stakeholders have said that this was the right place to start and that we need the risk register in place as soon as possible.

Work on the first phase of the risk register has advanced very quickly through several weeks of intensive work with stakeholders to capture the key risks to UK crops, trees, gardens and ecosystems from plant pests and diseases, and the pathways through which they are transmitted. Over the summer, work on the risk register will continue to identify threats against which new action needs to be taken. This will include where regulation needs to be tightened, where we need to fill gaps in our knowledge and where the current approaches are no longer cost effective and should be adapted in the light of new information. Over 700 pests and pathogens will be considered. The first phase of the risk register will be published for consultation in the autumn.

Work on contingency planning to ensure we are prepared to face new threats will get underway shortly, drawing on the risk register. Again, stakeholders will play an important role in helping us develop robust plans.

I will ensure that there is effective leadership for these vital activities. I am announcing today that I will shortly be launching an exercise to recruit a senior-level chief plant health officer in response to another of the taskforce’s recommendations. He or she will play a prominent and influential role in advising Ministers, industry and others about the risks posed by plant pests and diseases. They will also ensure that measures are in place to manage those risks and minimise their impact. In the event of an outbreak, the chief plant health officer will lead the operational response, providing clear leadership and accountability.

Stakeholders have told me that it is vital that the chief plant health officer has direct access to Ministers and the authority to act when necessary. I will ensure that that is the case. I have recently initiated monthly biosecurity meetings to assess the latest risks to plant health, animal health and from non-native invasive species. The chief plant health officer will report directly to Ministers and senior officials at those meetings and will be able to call on the resources needed to tackle threats.

Plant health policy is devolved, but the chief plant health officer will play a role in representing the whole of the UK in EU and international fora. I am writing to Ministers in the devolved Administrations setting out my plans and inviting them to consider how this new role might encourage closer collaboration to improve biosecurity across the UK.

The taskforce also recommended that we review the legislation and governance surrounding plant health. The first phase of work on that will begin tomorrow as we launch the next round of the red tape challenge, which will include a review of existing regulation on plant health and forestry. This will provide an opportunity for all with an interest to comment and identify gaps, overlaps and anomalies, some of which were highlighted in the taskforce’s report. This is the first step in developing a clearer and more effective regulatory landscape for plant health.

As we develop the right framework to safeguard plant health, I will continue to take action to improve our understanding and to tackle current and imminent threats:

We have recently consulted on a pest risk assessment on Cryphonectria parasitica or sweet chestnut blight, and are planning to introduce measures to ban its import from areas where the disease is present before the next planting season.

Since May we have completed this spring’s spraying programme aiming to eradicate oak processionary moth in Pangbourne, Berkshire, and are piloting new approaches to reduce its impacts in London, where tens of thousands of oaks have been treated at 200 sites;

We have recently awarded a £1.1 million research contract for a three-year study of acute oak decline which is present in the UK;

Large-scale field trials are now underway in the east of England to try to identify resistance to Chalara, dieback of ash, and potential treatments for Chalara will undergo field trials this summer;

We have secured funding from the EU Life+ programme to support the development of ObservaTree, a tree health early warning system using volunteer groups.

I will continue the dialogue with stakeholders over the coming months and provide an update on progress. I will publish a full response to the remaining taskforce recommendations later this year.

Afghanistan (Monthly Progress Report)

Tuesday 16th July 2013

(10 years, 9 months ago)

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Lord Hague of Richmond Portrait The Secretary of State for Foreign and Commonwealth Affairs (Mr William Hague)
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I wish to inform the House that the Foreign and Commonwealth Office, together with the Ministry of Defence and the Department for International Development, is today publishing the 29th progress report on developments in Afghanistan since November 2010.

The Prime Minister visited Afghanistan on 29 June accompanied by Senior Minister of State for Foreign Affairs, Baroness Warsi. In Helmand, they celebrated Armed Forces day with troops, witnessing the progress and changing role of British Forces as they move from a combat role to one based primarily on training, advising and assisting the Afghan National Security Forces (ANSF). In Kabul the Prime Minister and Baroness Warsi met President Karzai. The Prime Minister and President Karzai agreed on the importance of credible presidential and provincial elections, and the peaceful transfer of power to President Karzai’s successor, for the future stability of Afghanistan. They also discussed the peace process and Afghanistan’s relations with Pakistan.

On 18 June, the Qatari Government announced that the Taliban would open a political office in Doha for the purpose of talks with the US and Afghans.

On 14 June, President Karzai appointed a new Afghan Independent Human Rights Commission. Following the appointments, the chair of the Commission expressed her concern that some of the new appointees might not have the necessary expertise. The UN High Commissioner for Human Rights, Navi Pillay, expressed similar concerns, urging the Afghan Government to reconsider the recent appointments and reopen the selection process.

The UK has agreed a new programme in Afghanistan to strengthen Afghan women’s political participation, as candidates and as voters, in the upcoming elections. DFID has committed £4.5 million for the programme from June 2013 to December 2015.

On 18 June, President Karzai announced that the last of the 91 Afghan districts, covering 11 provinces and the remaining 13% of the Afghan population, will enter security transition. This fifth and final tranche of security transition means that the ANSF will assume lead security responsibility throughout the country, for all of Afghanistan’s 27 million citizens.

On 4 June, a written ministerial statement was laid in the House of Commons—Official Report, column 87WS, outlining the UK redundancy policy for locally employed staff in Afghanistan. This confirmed a package of training and financial support for our locally employed staff in Afghanistan, in recognition that as our presence in Afghanistan reduces our requirement for the support of local staff is also reducing.

I am placing the report in the Library of the House. It will also be published on the gov.uk website (www. gov.uk/government/publications/afghanistan-progress-reports).

British Council (Annual Report)

Tuesday 16th July 2013

(10 years, 9 months ago)

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Lord Swire Portrait The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)
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Copies of the British Council’s annual report and accounts for the 2012-13 financial year have been placed in the Libraries of both Houses. It can also be found at the British Council’s website www.britishcouncil.org.

During the period the British Council received £171,500,000 Grant-in-Aid from the Foreign and Commonwealth Office.

British Council (Triennial Review)

Tuesday 16th July 2013

(10 years, 9 months ago)

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Lord Swire Portrait The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)
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The Foreign and Commonwealth Office will shortly commence a triennial review of the British Council. It is Government policy that all Government Departments are required to review all their non-departmental public bodies (NDPBs) at least every three years. The review will be conducted in two stages. The first stage will examine the key functions of the British Council. If the outcome of this stage is that the functions performed by the British Council are still required and that it should be retained as an NDPB, the second stage of the project will ensure that the British Council is operating in line with the recognised principles of good corporate governance. Copies of the review will be placed in the Libraries of both Houses.

Gifting of Chemical Weapons Protective Equipment (Syria)

Tuesday 16th July 2013

(10 years, 9 months ago)

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Lord Hague of Richmond Portrait The Secretary of State for Foreign and Commonwealth Affairs (Mr William Hague)
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As I told the House on 10 July, Official Report, column 377, we are faced with a growing and protracted crisis in Syria. We have to be prepared to do more to save lives. There is evidence of attacks using chemical weapons in Syria—including sarin. We believe that the use of chemical weapons is sanctioned and ordered by the Assad regime.

I explained on 10 July that we are exploring the possibility of supplying the Syrian opposition protective equipment against chemical and biological weapons use and yesterday I laid a minute before Parliament providing more detail on these plans. We plan to equip the moderate armed opposition with 5,000 escape hoods, nerve-agent pre-treatment tablets (NAPs) and chemical weapons detector paper.

Escape hoods protect against sarin gas for approximately 20 minutes, allowing a person to move away from an affected area but not enabling them to continue to fight. They do not require fitting or extensive training to be effective. Pre-treatment with NAPs gives a person who is exposed to a nerve agent, including sarin, a greater chance of reaching a place where atropine can be administered under medical supervision. Chemical weapons detector paper enables the basic detection of chemical weapons agents. The capability to detect quickly whether chemical weapons agents are present will inform decisions on whether or not to remain in an area and so potentially save lives.

The gift will be offered to the supreme military council of the Syrian National Coalition, which the UK recognises as the sole legitimate representatives of the Syrian people. The approximate total cost of the equipment in the proposed gift is £656,800 which will be met by the Government’s conflict pool fund.

It is normal practice when a Government Department proposes to make a gift of a value exceeding £250,000, for the Department concerned to present to the House of Commons a minute giving the particulars of the gift and explaining the circumstances; and to refrain from making the gift until 14 parliamentary sitting days after the issue of the minute, except in cases of special urgency.

In this case, making the gift is a matter of special urgency. The rapidly deteriorating situation in Syria and the urgent need to support the Syrian opposition means that the Government need to act as soon as possible. We put great value on the scrutiny provided by Parliament, but summer recess means that it is unfortunately not possible to allow 14 sitting days for the House to consider the gifting minute. In this case, we will not proceed with plans to make the gift until a period of 14 working days after the minute has been laid has expired. If there are no objections, we will proceed with plans to make the gift on or after 3 August 2013.

The use of conflict pool funds to cover the costs of this gift has been approved by the Foreign Secretary, the Secretary of State for Defence and the Secretary of State for International Development. FCO and MOD officials have also assessed the gift against the consolidated criteria and the gift does not cross the risk thresholds in the consolidated criteria provided adequate measures are put in place to mitigate the risk of diversion. In assessing the risks of providing these materials, the FCO’s Counter Terrorism Department and the Office for Security and Counter Terrorism (OSCT) have been consulted and agree the recommendation to provide the gift. This gift is also consistent with HMG’s agreed policy on Syria.

This gift has undergone intense scrutiny to ensure that we are providing the best possible support to the Syrian opposition and that we meet all our national and international obligations.

Marshall Aid Commemorative Commission (Triennial Review)

Tuesday 16th July 2013

(10 years, 9 months ago)

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Lord Hague of Richmond Portrait The Secretary of State for Foreign and Commonwealth Affairs (Mr William Hague)
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The Foreign and Commonwealth Office will today publish the report of the triennial review of the Marshall Aid Commemoration Commission (MACC), which I launched in March this year. The review concluded that the Marshall scholarships make an important contribution to HMG’s foreign policy priorities through maintaining and strengthening the United Kingdom’s bilateral relationship with the United States. The review also concluded that the MACC should be retained as a non-departmental public body and that the Marshall scholarship process was well managed, had mechanisms in place to ensure sufficient accountability to the Foreign and Commonwealth Office, including on the handling of its finances, and benefited substantially from the pro bono input of the MACC commissioners.

Copies of the report of the review, and of the MACC management statement and financial memorandum, will be published online and placed today in the Libraries of both Houses.

Great Britain China Centre (Triennial Review)

Tuesday 16th July 2013

(10 years, 9 months ago)

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Lord Hague of Richmond Portrait The Secretary of State for Foreign and Commonwealth Affairs (Mr William Hague)
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The triennial review of the Great Britain China Centre (GBCC) has now been completed. This review concluded that the GBCC has specific and valuable China expertise which benefits Government. The status of the GBCC as a non-governmental body is crucial to its effectiveness. The GBCC also leverages significant corporate and programme funding and the review concluded that the GBCC offers excellent value for money and should continue to exist in its current form. A full copy of the review will be placed in the Libraries of both Houses.

British Citizenship Applications (War Crimes)

Tuesday 16th July 2013

(10 years, 9 months ago)

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Mark Harper Portrait The Minister for Immigration (Mr Mark Harper)
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I have made the Equality (War Crimes etc.) Arrangements 2013 and the Race Relations (Northern Ireland) (War Crimes etc.) Arrangements 2013 to enable the Minister to subject applications from certain nationalities for British citizenship to more rigorous scrutiny than others for the purposes of determining whether the applicant has committed, been complicit in the commission of, or otherwise been associated with, the commission of war crimes, crimes against humanity or genocide.

The Equality (War Crimes etc.) Arrangements 2013 are made under paragraph (l)(l)(d) of schedule 23 to the Equality Act 2010, and replace the Equality (War Crimes etc.) Arrangements 2011. The corresponding Race Relations (Northern Ireland) (War Crimes etc.) Arrangements 2013 are made under article 40 paragraph 2(c) Race Relations (Northern Ireland) Order 1997 and replace the Race Relations (Northern Ireland) (War Crimes etc.) Arrangements 2011.

The condition for subjecting these applications to more rigorous scrutiny is that the applicant is a national of a state specified on a list approved personally by the Minister for the purpose of the arrangements.

I have now reviewed and approved this list. I am satisfied that the conditions set out in the arrangements are met in respect of the countries on the list.

The arrangements will remain in force until revoked. I will review the arrangements and the list annually.

I am placing copies of the arrangements in the Libraries of both Houses of Parliament.

EU Directive (Categories of Migrants)

Tuesday 16th July 2013

(10 years, 9 months ago)

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Mark Harper Portrait The Minister for Immigration (Mr Mark Harper)
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The Government have decided not to opt in at this stage to the Commission’s proposal for a directive of the European Parliament and of the Council on the conditions of entry and residence of third country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing.

The proposed directive would repeal and replace existing directives 2004/114/EC and 2005/71/EC which are concerned with the entry and stay of third country students and researchers. The UK has not opted into the existing directives.

The Government consider that policies regulating the admission of students, researchers and other categories of migrant covered by the new proposal are best determined at national level. They have concerns that the new proposal may undermine the reforms of the immigration system which the Government have undertaken in order to reduce abuse of the student route and protect the labour market while continuing to ensure that the United Kingdom continues to be an attractive destination for students from overseas. The measures may therefore undermine the UK’s ability to control immigration in the national interest.

It would be possible for the UK to seek to participate in the directive after its adoption if this were to change.

Scientific Procedures on Living Animals

Tuesday 16th July 2013

(10 years, 9 months ago)

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James Brokenshire Portrait The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)
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My hon. Friend the Minister for Criminal Information, Lord Taylor of Holbeach, has today made the following written ministerial statement:

The “Statistics of Scientific Procedures on Living Animals—Great Britain—2012” (HC 549), 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 (ASPA) 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. The next report to the EU is required in November 2015, which will be our 2014 statistics.

The 2012 statistical report shows that there were 4.11 million scientific procedures, which represents an overall increase of 8% over 2011. This increase is largely attributable to an increase in the breeding of genetically altered mice. Excluding the breeding of these animals, the total number of procedures actually decreased by 2%. The number of animals likely to be used in any given year is dependent on many factors, including investment in research and development, strategic decisions by funding bodies, global economic trends and scientific innovation.

The Home Office, as regulatory authority under ASPA, 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: https://www.gov.uk/government/publications/statistics-of-scientific-procedures-on-living-animals-great-britain-2012.

I am pleased to inform the House that I have also today placed in the Library the annual report of the Home Office “Animals in Science Regulation Unit” (ASRU) for the year 2012. The annual report can be found at: https://www.gov.uk/research-and-testing-using-animals.

The report describes how we have delivered our responsibilities under ASPA to regulate the use of animals, work to support the delivery of the transposed directive and provides information about cases of non-compliance with ASPA and the outcomes of those cases.

All establishments that carry out procedures on animals are subject to scrutiny by Home Office inspectors who play a key role in the implementation of ASPA. Inspectors implement a risk-based approach to inspection. Based upon an overview of risk across all licensed establishments, the chief inspector annually proposes a programme of inspection, agreed with the Minister, which best utilises the resources available. The risk-based approach and programme for 2012 is described in the ASRU annual report.

The transposition of directive 2010/63/EU into UK legislation during 2012 was a major undertaking. From the 1 January 2013 we harmonised standards with other EU member states where required and, where appropriate, maintained our higher standards whilst avoiding unnecessary bureaucracy and cost burden.

The programme for Government provides a commitment to work to reduce the use of animals in scientific research, an ambitious but achievable goal. We recognise that the use of animals in scientific research is a small but essential function in improving our understanding of medical and physiological conditions, the research and development of new medicines and the development of leading-edge medical technologies and is necessary to ensure the safety of our environment. Scientific advances in knowledge and new technologies present significant opportunities to replace animal use, reduce the use of animals, and, where animal use is unavoidable, to refine the procedures involved so as to minimise suffering (3Rs). It is key that we take these opportunities to ensure that replacement, refinement and reduction in the use of animals is integral to conducting animal research recognising that this not about baseline numbers. The statistics published today are evidence of a significant reduction in the use of animals for shellfish toxin testing. In 2009 the number of mice used in this test totalled 7,670 whereas in 2012 this has been reduced to 42. This is a prime example of successfully implementing a non-animal alternative.

In 2012, my predecessor announced the science-led programme being taken forward by the National Centre for the Replacement, Refinement and Reduction of Animals in Research (NC3Rs), which is primarily funded by the Department for Business, Innovation and Skills, and I am pleased to report a number of significant advances in this area. Over the past 12 months, the NC3Rs has secured new funding which has helped launch the first 3Rs evaluation framework; made the biggest single investment in 3Rs research to date with new grant awards of £5.1 million; supported new approaches to replace animal use with £750,000 for interdisciplinary awards between toxicologists and mathematicians; and awarded four fellowships for exceptional early-career scientists developing models and tools with reduced reliance on animal research and improved welfare. The wider programme encompasses collaborative work led by the Home Office and the Department for Business, Innovation and Skills, between Government Departments and agencies, the Home Office inspectorate, the research community in both academia and industry, and others with relevant animal welfare interests. Significant progress has been made in developing a cross-Government action plan and we intend to provide a statement in the autumn that details our agreed plan and describes progress to date on the coalition agreement.

As the Home Office Minister responsible for ASPA, I was extremely concerned to read the allegations of non-compliance at Imperial College London (ICL) published by the British Union for the Abolition of Vivisection (BUAV). The use of living animals in scientific procedures which may cause pain, suffering, distress or lasting harm is strictly regulated under ASPA and I am determined to ensure that animal research is carried out humanely and only when necessary. The provision of a licence to an individual not only entrusts them to uphold their legal obligations but also to behave in ways which ensure the highest standards of animal care and welfare at all times. I take any reports suggesting that individuals or establishments are falling short of the high standards required by the Act very seriously.

I have met with the ICL establishment licence holder and other relevant senior individuals to discuss the independent investigative report that ICL have commissioned and agreed to publish. They have provided strong assurances of a rigorous inquiry. I have also had a meeting with the BUAV to assure them of the seriousness with which we are considering their allegations.

Visits by inspectors to licensed establishments, many of which are unannounced, are an important aspect of determining compliance with ASPA. An additional important role of inspectors is to advise those working under ASPA and encourage best practice with respect to the 3Rs. Inspectors have a right of entry to licensed establishments at all reasonable times and ready access to all records and it is, therefore, right and proper that they should investigate allegations when they are made. Home Office inspectors have been investigating the allegations against ICL at pace and I intend to publish a report later this year.

It is an imperative that lessons learned and broader issues for the wider community are taken from this incident. I have therefore requested the Government’s independent expert advisory body, the Animals in Science Committee (ASC), to review both the inspectorate’s report and the ICL independent report, when both are available, and to provide me with advice. The ASC report will also be made public.

Central to our work on openness and transparency is the review we are undertaking of section 24 of ASPA. Section 24 of ASPA provides for the protection of confidential information provided in connection with our regulatory activities under ASPA. A breach of section 24 can result in criminal sanctions. The requirements of section 24 are now out of step with our policy on openness and transparency and with the approach taken in other legislation, such as the Freedom of Information Act 2000. The solution we develop must improve the overall transparency surrounding research using animals, to create an environment which fosters informed debate leading to greater public trust, and also must protect personal identities and intellectual property.

The first stage of the review; engaging the full diversity of stakeholders in developing options has now been completed. The next stage of the process is to present those options in a wider public consultation, the outcome of which will further inform the direction of our work. We envisage completing the review and selection of the preferred option by the end of this year to enable us to present any legislative changes to Parliament in the new year.

Criminal Injuries Compensation Authority

Tuesday 16th July 2013

(10 years, 9 months ago)

Written Statements
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Helen Grant Portrait The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
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On Friday 30 November 2012, I made a written statement to Parliament—Official Report, column 39WS, announcing the triennial review of the Criminal Injuries Compensation Authority. I am pleased to announce the conclusion of the review and publication of the report today.

The Criminal Injuries Compensation Authority is the Government body responsible for administering compensation schemes in respect of criminal injuries in England, Scotland and Wales as well as for victims of overseas terrorism. The authority’s aim is to compensate the blameless victims of violent crime or acts of terrorism overseas. Part of the Ministry of Justice, it was established in 1994 under prerogative powers.

The review has concluded that there is a continuing role for the Criminal Injuries Compensation Authority. The functions it performs are necessary to the provision of compensation to the blameless victims of violent crimes.

The Criminal Injuries Compensation Authority is currently classified as an Executive non-departmental public body. However, it is currently run, in effect, as an Executive agency of the Ministry of Justice. The triennial review report therefore recommends reclassifying it as an Executive agency, to better reflect its current operation and the changes made to its management structure made since the National Audit Office’s 2007 report, “Compensating victims of violent crime” (HC 100 Session 2007-08), http://www.nao.org.uk/wp-content/uploads/2007/12/0708100.pdf. This will ensure that the improvements made in dealing with victims’ claims quickly and effectively continue, and that the Criminal Injuries Compensation Authority is more accurately classified.

As this reclassification is a technical change to CICA’s status, it was not necessary to undertake a stage two review of the Criminal Injuries Compensation Authority’s governance arrangements. However, officials from the authority and from my Department are undertaking an informal governance review, and will feed its findings into a revised framework document for the Criminal Injuries Compensation Authority.

The triennial review was carried out with the participation of a wide range of stakeholders and users, in addition to the body itself. The review was publicised on my Department’s website and stakeholders were invited to contribute through a Call for Evidence and a series of meetings. In addition to the project board, which oversaw the review, a critical friends group challenged the evidence used to make conclusions. Membership of this group included representation from the Cabinet Office and the National Audit Office.

I am grateful to all who contributed to the triennial review. The final report has been placed in the Libraries of both Houses.

Powers of Attorney (Fees)

Tuesday 16th July 2013

(10 years, 9 months ago)

Written Statements
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Helen Grant Portrait The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
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In October 2011, the Office of the Public Guardian (OPG) increased its fees for Powers of Attorney (LPA) applications to enable it to deliver its transformation programme. A key aspect of this programme has been the development and implementation of a new IT system, supporting the OPG’s “digital by default” ambition and ensuring a more efficient and effective service for customers. The launch of a new digital tool, on 1 July, was a significant milestone in this programme of transformation.

As a result, the OPG will be reducing its fees for Power of Attorney applications with effect from 1 October 2013. The new fee will be £110 per application and £55 for a resubmission.

The proposed fee reduction only relates to fees charged for registering Lasting Power of Attorney or Enduring Power of Attorney applications. Further OPG fee changes will be made once the full transition to digital services is concluded during 2014-15.

Deaths of Service Personnel Overseas (Inquests)

Tuesday 16th July 2013

(10 years, 9 months ago)

Written Statements
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Helen Grant Portrait The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
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The Minister for the Armed Forces, my right hon. Friend the Member for South Leicestershire (Mr Robathan) and I now make our latest quarterly statement to the House on progress with inquests into the deaths of service personnel on active service overseas. First of all we wish to express the Government’s and the nation’s deep sense of gratitude to all our service personnel who have served on behalf of us all in the Iraq and Afghanistan operations. They are second to none in their continuous courage and their complete professionalism. We think of those service personnel who have given their lives, and we remember the families who are trying to learn how to live without them.

This statement provides details of inquests conducted by the Oxfordshire coroner, the Wiltshire and Swindon coroner and other coroners in England and Wales. The statement shows the position at 9 July 2013.

There is additional information to supplement this statement in tables which we have placed in the Libraries of both Houses. The tables give the status of all current cases. They include information about cases where a board of inquiry or a service inquiry has been held or has been directed to be held.

Our two Departments will continue to work together to ensure that our processes are timely and effective. The Chief Coroner for England and Wales is in post and his additional powers and duties in relation to service personnel inquests will come into force this summer. As we have previously reported. Section 12 of the Coroners and Justice Act 2009 came into force last year and enables deaths of service personnel killed abroad on active duty to be investigated in Scotland where appropriate.

Once again we offer our sincere thanks to coroners and their staff who are conducting inquests into the deaths of service personnel, and we will continue to support them. We are also grateful to everyone else who provides help and support for bereaved families as the inquest process goes forward.

Both Departments have made funding available for additional resources for the coroners in Wiltshire and Swindon and in Oxfordshire since October 2007. This helps those coroners conduct the inquests of service personnel who have been repatriated to airbases at RAF Lyneham in Wiltshire and RAF Brize Norton in Oxfordshire in their respective districts. The extra funding prevents any backlog of inquests and makes it easier for the coroners to take the service personnel inquests forward while still dealing with their normal workload.

Current status of inquests

Since we made our last statement a further four inquests have been concluded into the deaths of service personnel on operations in Iraq or Afghanistan. There have been a total of 573 inquests into the deaths of service personnel who have died in Iraq and Afghanistan or have returned to the UK and sadly died here from injuries sustained on those operations. In three cases there has been no formal inquest. One of these cases concerns a serviceman who died from his injuries in Scotland, where it was decided not to hold a fatal accident inquiry. The other two deaths were taken into consideration at inquests into the deaths of other service personnel who died in the respective incidents.

Open inquests

Deaths in Afghanistan

As at 9 July 2013, 45 inquests are open into the deaths of service personnel in Afghanistan. Four of these inquests concern deaths in the last six months.

The Wiltshire and Swindon coroner has retained nine of the open inquests, while the Oxfordshire coroner has retained 22. Coroners nearer to the next-of-kin have accepted jurisdiction in the remaining 14 inquests. Eight hearing dates have been set.

Deaths of service personnel who returned home injured

Regarding the deaths of service personnel who returned home injured but have sadly died of their injuries, three inquests are open and will be listed when investigations into the deaths have been completed.



We will continue to inform the House of progress.

Law Commission (Triennial Review)

Tuesday 16th July 2013

(10 years, 9 months ago)

Written Statements
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Helen Grant Portrait The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
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I have today published the report of stage 1 of the triennial review of the Law Commission. I have placed a copy in the Library. I have taken the unusual step of publishing the stage 1 report in advance of completing stage 2 as it is important that there is clarity about the future of the Law Commission while it is consulting on its 12th programme.

In line with the methodology established by the Cabinet Office, the Law Commission was assessed against the Government’s three tests: a) is this a technical function, which needs external expertise to deliver; b) is this a function which needs to be, and be seen to be, delivered with absolute political impartiality, such as certain regulatory or funding functions; and c) is this a function which needs to be delivered independently of Ministers to establish facts and/or figures with integrity.

The answers to these questions then enabled a fuller consideration of how these functions should be delivered in the future.

Stage 1 of the Law Commission triennial review found that there is a continuing need for its functions and that the NDPB model is most appropriate to maintain technical expertise and independence from Government. In particular, in the delivery of all its law reform projects, the Commission enjoys the support of a wide range of academics, research bodies and other experts who contribute to the Commission’s work—often on a pro bono basis—because it is an independent body producing impartial, evidence-based recommendations. Other potential delivery models were assessed, but were found to be less cost effective. The Government will now continue to conduct stage 2 of the triennial review, reviewing the control and governance arrangements in place for the Commission. I will report back to Parliament on the outcome in the autumn.

I am very grateful to all those who responded to the call for evidence. Their contributions and perspectives were extremely valuable.

Youth Justice Board for England and Wales (Triennial Review)

Tuesday 16th July 2013

(10 years, 9 months ago)

Written Statements
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Jeremy Wright Portrait The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
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Today, I have published the report of stage 1 of the triennial review of the Youth Justice Board for England and Wales (YJB). I have placed a copy in the Library. I have taken the unusual step of publishing the stage 1 report in advance of completing stage 2 as it is important that there is clarity about the future of the Youth Justice Board ahead of recruiting a new chair of the YJB to replace the current chair when she finishes her second term of office in January 2014 and to ensure that the recommendations can be considered as part of my ongoing reform of the youth secure estate.

In line with the process and methodology established by the Cabinet Office, stage 1 of the review assessed the continuing need for the YJB to carry out each of its functions in their current form. The responses to the consultation have informed how these functions should be delivered in the future.

The report concludes that all of the functions remain necessary and makes 14 key recommendations relating to the delivery of these functions. It further concludes that it is appropriate for the majority of these functions to be delivered together as a critical mass of expertise. This decision recognises that the Government have repeatedly and recently stated their commitment to maintain a distinct youth justice system. Finally, the report concludes that the appropriate delivery model for the delivery of these functions is, at this time, as a non-departmental public body.

The Government will now continue to conduct stage 2 of the triennial review, reviewing the control and governance arrangements in place for the YJB with a particular focus on increasing ministerial accountability and a closer degree of control of financial management. I will report back to Parliament on the outcome in the autumn once this has been completed.

I am very grateful to all those who took the time to respond to the call for evidence. Their contributions and varying perspectives were extremely valuable.

Trident Alternatives Review

Tuesday 16th July 2013

(10 years, 9 months ago)

Written Statements
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Lord Cameron of Chipping Norton Portrait The Prime Minister (Mr David Cameron)
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In the 2010 strategic defence and security review, the Government confirmed their commitment to maintaining a continuous submarine-based deterrent and to beginning the work of replacing their existing submarines. As part of the coalition programme for Government, it was agreed that the Liberal Democrats would continue to make the case for alternatives. As a result, in 2011 the Deputy Prime Minister and I jointly commissioned Cabinet Office officials to conduct a focused review into alternative systems and postures.

The review was designed at the outset to be a neutral, factual review of options, led by officials in the Cabinet Office but drawing as necessary on expert advice from other Government Departments, especially the Ministry of Defence and the Foreign and Commonwealth Office. Its terms of reference were to examine whether there are:

credible alternatives to a submarine-based deterrent;

credible submarine-based alternatives to the current proposal, e.g. modified Astute using cruise missiles;

alternative nuclear postures, i.e. non-continuous at sea deterrence, which could maintain credibility.

The Cabinet Office has today published an unclassified version of the review, copies of which are available in the Libraries of both Houses.

Government policy remains as set out in the strategic defence and security review. We will maintain a continuous deterrent and are proceeding with the programme to build a new fleet of ballistic missile submarines. Final decisions on the successor submarines will be taken in 2016 at the main gate point of the acquisition programme.

Local Transport Bodies (Funding Allocations)

Tuesday 16th July 2013

(10 years, 9 months ago)

Written Statements
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Norman Baker Portrait The Parliamentary Under-Secretary of State for Transport (Norman Baker)
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Further to my statement to the House of 23 January 2013 I am today confirming to local transport bodies (LTBs) the funding allocations for local major transport projects from 2015. These are set out below and reflect decisions taken by Ministers in DFT and the Treasury.

The funding that the Government is allocating today is only one element of over £12 billion being made available to local enterprise partnership (LEP) areas between 2015-16 and 2020-21 through the single local growth fund, details of which were announced in a statement by the Chief Secretary to the Treasury on 27 June 2013.

Later this month, local transport bodies are expected to publish details of their prioritised schemes to be taken forward from 2015.

We would expect that those LEP areas that make a good case for further transport investment through their strategic economic plans will receive additional funding from the competitive elements of the local growth fund. Decisions on that will be made following growth deal negotiations with the Government.

In order to maximise the competitive funding available to LEPs for transport and other projects and programmes within the local growth fund, most LTBs receive confirmed allocations for four years at a level one third below the indicative numbers provided in January 2013. This is within the range of scenarios that the Department asked LTBs to consider at that stage.

Those LTBs/LEPs where the principle of 10-year funding has been agreed through city deals receive confirmed allocations for six years at the annual level indicated in January 2013. They also receive an indicative funding allocation for a further four years beyond the confirmed funding levels. This recognises that these LTBs are expected to be further ahead than others in strengthening their local decision-making arrangements and the previous consideration of transport needs alongside other priorities in city deal discussions.

In addition to the funding allocations announced today, the funding for existing DFT-approved local authority major schemes will also flow nominally through the local growth fund and we will need to ensure that any delay to these projects does not impact on the total funding available to LEPs on a competitive basis. We will confirm the detailed mechanisms for how this will work at a later date but the key principle is that this element of the funding is dependent on the schemes going ahead as planned.

Confirmed Allocations For Local Transport Bodies

Local Transport Body

Confirmed funding from 2015-16 to 2020-21inclusive

Indicative funding from 2021-22 to 2024-25 inclusive

(£m)

(£m)

WEST OF ENGLAND

44.9

36.4

WEST YORKSHIRE & YORK

100.9

81.8

SHEFFIELD CITY REGION

62.7

50.9

GREATER MANCHESTER

110.0

89.2



Confirmed Allocations For Local Transport Bodies

Local Transport Body

Confirmed funding from 2015-16 to 2018-19 inclusive

(£m)

BLACK COUNTRY

18.4

BUCKINGHAMSHIRE THAMES VALLEY

8.3

CHESHIRE AND WARRINGTON

14.5

COAST TO CAPITAL

24.2

CORNWALL & THE ISLES OF SCILLY

8.9

COVENTRY & WARWICKSHIRE

14.3

CUMBRIA

7.9

DERBY, DERBYSHIRE, NOTTINGHAM & NOTTINGHAMSHIRE

31.2

DORSET

12.2

ENTERPRISE M3

24.3

GLOUCESTERSHIRE

9.8

GREATER BIRMINGHAM AND SOLIHULL

23.9

GREATER CAMBRIDGE GREATER PETERBOROUGH

14.1

GREATER LINCOLNSHIRE

11.9

HEART OF THE SOUTH WEST

27.1

HERTFORDSHIRE

18.5

HUMBER

14.8

LEICESTER AND LEICESTERSHIRE

16.1

LIVERPOOL CITY REGION

23.7

THE MARCHES

10.7

NEW ANGLIA

26.0

NORTH EASTERN

31.1

NORTH YORKSHIRE

9.6

NORTHAMPTONSHIRE

11.6

OXFORDSHIRE

10.6

SOLENT

19.2

SOUTH EAST

65.9

SOUTH EAST MIDLANDS

14.7

STOKE-ON-TRENT AND STAFFORDSHIRE

16.3

SWINDON & WILTSHIRE

11.3

TEES VALLEY

10.6

THAMES VALLEY BERKSHIRE

14.5

WORCESTERSHIRE

7.7

Note: The allocation for Lancashire will be confirmed upon the agreement of the Preston City Deal.

“Action for Roads: A Network for the 21st Century”

Tuesday 16th July 2013

(10 years, 9 months ago)

Written Statements
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Lord McLoughlin Portrait The Secretary of State for Transport (Mr Patrick McLoughlin)
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Transport is an engine for growth and our major roads are vital to the prosperity of our nation, connecting people to jobs and businesses to markets. However, our roads have suffered from a lack of investment in recent decades, and we face rising traffic in the years to come. Without action, this will place severe strain on networks that are already under pressure, worsening the experience of motorists and damaging Britain’s ability to compete.

That is why at the recent spending round we announced a transformational investment in our road network, with £12 billion for road maintenance and a trebling of investment in major road schemes, including the addition of over 400 extra lane miles of capacity, resurfacing 80% of the strategic road network and upgrading our most important “A” roads.

At the spending round Government also announced that they would turn the Highways Agency into a publicly owned corporation with long-term funding certainty and flexibility, backed by legislation.

Today I am publishing a Command Paper, “Action for Roads”, which builds on the investment commitments made at the spending round and outlines the reforms we are taking forward to ensure delivery, including:

Reform of the status of the Highways Agency to make it a publicly owned company.

Mechanisms for funding certainty and flexibility, to allow greater efficiency and to give suppliers the assurance they need to begin training new workers for delivering our future programme.

A clear, long-term roads investment strategy to provide a detailed view of what the Highways Agency will be expected to deliver.

New powers and independence, allowing the agency to operate with greater commercial freedom, deliver with certainty and cut costs.

A “motorists champion” to provide a strong voice for all road users, hold the new company to account and deliver the best performance and value for road users.

I expect these reforms to generate additional savings to the taxpayer of £600 million, while ending decades of underinvestment and uncertainty in our road network. And it will give the construction and maintenance industries the confidence they need to recruit and train skilled workers to deliver this increase in transport projects over the coming years.

When upgrading our network, the focus will be on cutting congestion and minimising the environmental impact of roads. That is why today I am also announcing £500 million by 2020 in additional funding for the Office for Low Emission Vehicles to advance ultra-low emission vehicle (ULEV) technology and encourage people to buy and use ULEVs. In addition, bridges and tunnels will be built to help cyclists and walkers to move between communities where motorways and major A roads make these journeys difficult.

The scale of additional funding being made available for strategic roads will allow more investment in environmental safeguards to help resolve and reduce long-standing environmental problems. These could include better landscaping, tunnelling, “green” bridges and noise barriers to improve roads’ environmental performance.

And the Government will tackle the backlog of maintenance on local roads, spending £6 billion over the next Parliament in addition to the money that councils spend from other sources to reduce the number of potholes. Our overall investment in maintenance will sustain over 11,000 jobs through every year of the next Parliament.

The Government intend to consult later this year on detailed plans for turning the Highways Agency into a publicly owned company.

The document is available at:

https://www.gov.uk/government/publications/action-for-roads-a-network-for-the-21st-century.

Related to the Command Paper, I am also today publishing “Road Traffic Forecasts 2013” and have placed copies in the Libraries of both Houses.

Access to Work

Tuesday 16th July 2013

(10 years, 9 months ago)

Written Statements
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Esther McVey Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Esther McVey)
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This Government are committed to increasing the number of disabled people in employment and building on the important work of Liz Sayce to improve and strengthen the Access to Work scheme.

Last summer we established an expert panel to advise the Department on how best to take forward Liz Sayce’s recommendations. Today I wish to announce a set of improvements to Access to Work following the panel’s final phase of work.

We know that personalised support is key to securing successful employment outcomes for disabled people. Access to Work aims to offer all customers a tailored service, so we will grant advisers more flexibility and discretion to make personalisation a reality. Access to Work advisers will be able to:

Offer up-front payments to customers who need their award in advance in order to take up or remain in employment;

Build tolerances into awards where needed to give customers who require a more flexible package the confidence that support is available.

This Government recognise the important role work experience can play as a route into employment. While Access to Work already supports Youth Contract work experience, I can announce today that we will set aside £2 million from the access to work budget to support disabled people to access a range of opportunities that help them get ready for employment. These will include traineeships, sector-based work academies and supported internships.

We also want to support disabled people who seek out their own opportunity with an employer. Access to Work already supports disabled people undertaking a Jobcentre Plus work trial. To provide disabled people with more choice about their route into employment, we will extend Access to Work to individually established work trials where there is a realistic prospect of employment after the trial.

Liz Sayce described Access to Work as the best-kept secret in Government. We have undertaken a 12-month targeted marketing campaign and positive results are coming through. We will continue to market and promote Access to Work for young people and for people with mental health conditions. We will also continue to up-skill staff and raise awareness of the scheme within Jobcentre Plus.

We recognise that more needs to be done to help those who acquire a disability while in employment to prevent them from falling out of work. We have already announced plans for a new health and work assessment and advisory service in 2014. We will ensure that this service has full awareness of Access to Work as well as the means to conduct a smooth handover to the programme, where appropriate.

I would like to take this opportunity to thank Mike Adams OBE and the expert panel for their invaluable insight and contribution to the reform of this important programme. We will keep listening to experts and users of the programme in order to continuously improve its operation.

Equality 2025

Tuesday 16th July 2013

(10 years, 9 months ago)

Written Statements
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Esther McVey Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Esther McVey)
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In accordance with the Cabinet Office’s guidance on public bodies a triennial review of the Equality 2025 advisory board (EQ2025) has been undertaken. It examined whether the functions the non-departmental public body (NDPB) performs are still required and, if so, what the most appropriate delivery model is.

I am today publishing the review, which concludes that there is a continuing need for independent strategic, confidential expert advice supplemented by lived experience of disability. It also concluded that this did not need to be delivered by an NDPB and recommended options for successor arrangements.

The current EQ2025 members’ contracts will come to an end at the end of September, and at this point the NDPB arrangements will cease.

I am very grateful for the excellent work of EQ2025 in advising on Government policy and in helping develop Fulfilling Potential, the Government’s disability strategy. It is crucial that policy is developed and implemented informed by expertise on disability issues and the lived experience of disabled people. I am committed to ensuring that Government have access to in-depth knowledge of disability, and see this review as an opportunity to get advice from an even wider variety of experts, individuals and organisations and broaden the regional scope of that advice.

I am today initiating a consultation seeking views of disabled people and others to help shape the way forward.

I will place a copy of the review in the Libraries of both Houses of Parliament.