House of Commons

Tuesday 26th November 2013 Commons Chamber

Tuesday 26 November 2013

The House met at half-past Eleven o’clock

Prayers

Tuesday 26th November 2013 Commons Chamber

[Mr Speaker in the Chair]

Oral Answers to Questions

Tuesday 26th November 2013 Commons Chamber

The Secretary of State was asked—

[Duncan Hames (Chippenham) (LD)]

1. What steps he is taking to improve signposting to support and information for carers by health bodies and local authorities.

[The Minister of State, Department of Health (Norman Lamb)]

The Care Bill will require local authorities to ensure that information and advice is available to their local populations, including carers, and to co-operate with health bodies in fulfilling this function. The Bill will extend carers’ rights to an assessment of their needs so that carers receive appropriate support and signposting to local services.

[Duncan Hames]

I welcome those measures in the Care Bill to support carers, but for them to benefit from that support, they first need to be identified. It is estimated that only one in 20 carers of people with cancer, for example, receives a carer’s assessment. How does the Minister propose to get local authorities to work with the NHS and other health bodies to identify carers and ensure that their needs do not go unnoticed?

[Norman Lamb]

The Care Bill will introduce a right to an assessment for all carers, which I think is an incredibly important advance for them. We are also giving money—£1.5 million—to the Royal College of General Practitioners and other bodies, including nursing bodies, to raise awareness of the vital role of carers in working with GPs to improve the care of those who need it.

[Barbara Keeley (Worsley and Eccles South) (Lab)]

I think the Minister is missing the point, though, in that carers of people with cancer do not have contact with local authorities. Macmillan Cancer Support found that half of those carers are not getting any support at all and do not know where to go for it. They do have contact, however, with GPs and hospital doctors, so what is the Minister going to do to make sure that GPs and hospital doctors identify carers and make sure that they get that support and advice?

[Norman Lamb]

First, I pay tribute to the work of Macmillan. It does brilliant work, and this is a really important campaign because it will raise awareness. I do not think I am missing the point, because raising awareness among front-line professionals is critical, and local authorities will also have a duty through the Care Bill to co-operate with the health service and, of course, to integrate or join up care, all of which is in the interests of carers.

[Alison McGovern (Wirral South) (Lab)]

Carers—and, I hope, the Minister—local authorities and GPs will be distressed by this week’s report of care companies being investigated by Her Majesty’s Revenue and Customs, almost half of which were found not to be paying the minimum wage. How does tackling that problem at the heart of our care system fit into the Minister’s plans to help support carers?

[Norman Lamb]

I completely share the hon. Lady’s concern about care companies that do not pay the minimum wage. All care companies should meet their obligations in law to pay the minimum wage. HMRC has done a lot of work, focusing on the care sector, and I have been absolutely clear that there is an obligation for those care companies to meet their requirements under the national minimum wage legislation. We cannot get good care on the back of exploiting low-paid workers.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

2. What steps he is taking to ensure that compassionate care is at the heart of the NHS.

[The Secretary of State for Health (Mr Jeremy Hunt)]

Last week, we published a full response to the Mid-Staffs public inquiry and set out our ambition to transform the quality of compassionate care in the NHS. We have already put in place a robust new inspection regime and measures to make it easier for doctors and nurses to speak out when they are concerned about standards of care or safety.

[Alec Shelbrooke]

Compassionate care goes right through from surgeons to GPs. Will my right hon. Friend comment on evidence that epileptic women of child-bearing age are not being shown the compassion necessary during pregnancy from their GPs or neurologists and are not having the risks of taking their epilepsy medication outlined to them? To date, such medication has caused more than 20,000 birth defects.

[Mr Hunt]

I thank my hon. Friend for highlighting this important issue. The Medicines and Healthcare products Regulatory Agency regularly reviews the evidence relating to anti-epileptic drug use, particularly sodium valproate products, and we check what information is available to doctors so that it can be passed on to patients. I am concerned about the issue my hon. Friend raises, so I have asked NHS England’s national director of patient safety, Dr Mike Durkin, to look into it carefully and get back to me.

[Nick Smith (Blaenau Gwent) (Lab)]

New York has raised the age for buying tobacco products to 21. As a public health care policy, has the Department considered that matter?

[Mr Hunt]

As the hon. Gentleman will know, we are constantly reviewing all policies that could reduce tobacco use among young people. Smoking is the No. 1 killer, so dealing with it would be the best way of reducing this country’s premature mortality rates, which are far too high.

[Jonathan Lord (Woking) (Con)]

23. Does the Secretary of State agree that transparency is critical in improving hospital standards and that, following the Government’s latest measures in response to the Francis report, the health cover-ups by the previous Government will never be allowed to happen again?

[Mr Hunt]

The Labour party does not like to hear this, but the reality is that micro-managing the NHS through top-down targets failed to deal with the problems of compassionate care. My hon. Friend is absolutely right that the best way to deal with this is through total transparency, so that when we are sure there is a problem, the public find out about it quickly and it is dealt with quickly.

[Jim Shannon (Strangford) (DUP)]

Compassionate care must be central to the NHS. The Health Minister in Northern Ireland has launched “Quality 2020”, a strategy that is intended to improve care in Northern Ireland. What discussions has the Secretary of State had with the Northern Ireland Assembly and the Health Minister about this issue?

[Mr Hunt]

We are in close touch with all the devolved Administrations about the changes that we are making in the NHS in England, and, interestingly, we are experiencing different levels of engagement. We have had very good discussions with the Northern Ireland Health Minister about some of the changes, but those in Wales are still refusing to commission a Keogh report on excess deaths, which I think shows that Labour in Wales has not learnt the lessons of transparency.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

3. What steps he is taking to train and retain more accident and emergency health specialists in the UK.

[The Secretary of State for Health (Mr Jeremy Hunt)]

I have asked Health Education England to consider how we can improve the structure and skill mix of the emergency medicine work force to deal with long-standing shortages in staff at both consultant and trainee levels. Along with the Emergency Medicine Taskforce, we are considering a number of options, such as increasing the non-doctor work force and the number of emergency nurse practitioners.

[Mr Sheerman]

Just what is going on in medical education in this country? We train doctors, but some never work as doctors, and others move abroad. Calderdale and Huddersfield NHS Foundation Trust has advertised and advertised again, but it cannot recruit accident and emergency staff. It certainly cannot recruit any who have been trained in this country, or who have been trained in paediatrics. What is going wrong with medical education here?

[Mr Hunt]

The hon. Gentleman has raised some important issues. We do face big challenges. We have increased the number of doctors in the NHS by 6,600 over the last three years, but it is still very difficult to attract as many people as we need to disciplines such as A and E.

I know that Calderdale and Huddersfield NHS Foundation Trust is especially concerned about A and E staffing. I had a very good meeting with representatives of the College of Emergency Medicine last week to discuss A and E consultants’ terms and conditions and, in particular, their antisocial working hours. We are giving the matter close consideration, but I agree with the hon. Gentleman that we need to do better in this regard.

[Mr Philip Hollobone (Kettering) (Con)]

While it is important to recruit and retain more A and E specialists, part of the problem is that a third of the patients who are dealt with in A and E departments could receive better treatment closer to their homes. What can the Secretary of State do to encourage that?

[Mr Hunt]

My hon. Friend is absolutely right. One of the biggest mistakes made in health care over the past decade was the introduction of the disastrous changes in the GP contract in 2004, which broke the personal link between GPs and their patients. Hard-pressed A and E departments, including the one at Kettering hospital, say that one of the things that will make the biggest difference to them is the provision of a named GP for the over-75s, so that they know that someone is responsible for those people when they are not in hospital.

[Fiona Mactaggart (Slough) (Lab)]

Is it not the chaotic and overstretched nature of many A and E departments that makes A and E an unattractive discipline for people to work in? Ever since the closure of the A and E department at Wycombe general hospital in my constituency, Wexham Park hospital has been unable to cope. What will the Secretary of State do about that?

[Mr Hunt]

We have gained more than 600 additional A and E doctors over the last three years, so the numbers are rising. However, the best thing that we can do for A and E staff is to give them a sense that we are addressing the long-term challenges that they face. The issues of integration with social care and delayed discharges are being addressed through the health and social care integration transformation fund, but we must also ensure that there are better primary care alternatives. The named GP for the over-75s will make a big difference in that regard.

[Margot James (Stourbridge) (Con)]

My local hospital, Russells Hall, is experiencing considerable difficulty in recruiting A and E consultants. Would not a good alternative approach be to train more paramedics to serve on ambulances and provide more effective and robust triage at emergency centres, so that patients can be redirected when necessary?

[Mr Hunt]

As ever, my hon. Friend speaks very wisely about this subject. In his review of A and E services, which was published a couple of weeks ago, Professor Keogh said that paramedics could deal with 50% of 999 calls on the spot, without taking people to hospital. I think that there is a big role for ambulance services that are prepared to upskill. It is also important for us to ensure that they have the necessary information. One of the main changes that we intend to make next year will ensure that they have access to the GP records of the people whom they pick up, so that they can give those people the care that they need in their own homes.

[Mr Jamie Reed (Copeland) (Lab)]

The president of the College of Emergency Medicine has said that the Government’s reorganisation has made A and E recruitment worse; the chief executive of the NHS Confederation has said that A and E pressures have been compounded by three years of structural reforms; yesterday, we learnt that the number of nurses choosing to leave their profession had jumped by more than one quarter under this Government; and the Health Secretary himself admits he is worried by the fall in nurse numbers on this Prime Minister’s watch. I hope he listens carefully so that he can answer precisely: will he today give the House a guarantee that every A and E in the country will have enough nurses this winter?

[Mr Hunt]

Will the hon. Gentleman think about what he has said? He said he was against a reorganisation that got rid of 8,000 managers and put 6,600 doctors on to the front line. That is why we are doing nearly a million more operations every year and why waiting times for longer waits are shorter than they were under Labour. We are recruiting more doctors because we are putting money into the front line.

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

It takes seven years to train a doctor, but, for whatever reason, the new GP contract is looking to end seniority pay in six years. Is my right hon. Friend not concerned that that will lead to a mass retirement of doctors at the end of that six-year period in 2020?

[Mr Hunt]

We have to make the GP profession attractive to younger GPs as well. The money we save from getting rid of seniority pay will go back into practices, but it should not be given to people just for length of service; it should be related to quality of service too, which will make the GP profession much more attractive.

[Rosie Cooper (West Lancashire) (Lab)]

5. What recent assessment he has made of ambulance handover times at accident and emergency departments.

[The Minister of State, Department of Health (Norman Lamb)]

Patient handover is a key part of delivering good emergency care. Systems are in place to ensure efficient handover, but we recognise that it sometimes takes longer than the recommended 15 minutes, particularly during peaks of demand. We are taking the issue of handover delay seriously, which is why we have introduced financial sanctions for unacceptable delay.

[Rosie Cooper]

Southport and Ormskirk hospital in my constituency has one of the longest handover times in the north-west, with ambulances queuing outside the hospital and patients lying on stretchers for hours. How does that offer the patient-centred care and dignity that the Government keep promising but failing to deliver? What can the Minister do to make it better for my constituents?

[Norman Lamb]

That sort of experience is not acceptable and has to be addressed, and I am sure the hon. Lady will welcome the encouraging news that the sanctions in the national contracts that clinical commissioning groups enter into with hospitals have resulted in a 38% reduction in delays, comparing the first two weeks of last November with the first two weeks of this November, which is the first period during which we measure winter pressures on handovers. That sign of a significant increase is to be welcomed.

[Mr Simon Burns (Chelmsford) (Con)]

As an east of England MP, the Minister will be aware of the problems with the East of England ambulance service and handover times at Broomfield hospital. While I warmly welcome the initiative, through the contract, to bring pressure to bear to reduce handover times to 15 minutes, will he join me in paying tribute to the new management of the ambulance service for what it is doing, through its assessments and monitoring, to deal with this problem?

[Norman Lamb]

I have had a similar experience at the Norfolk and Norwich hospital. It is clear that the number of delays in the east of England has reduced substantially, and I pay tribute to everyone involved. Getting urgent care right requires collaboration between ambulance trusts, acute care and GPs and social care workers on the ground. Significant improvements have been made in the east of England, as well as across the rest of the country.

[Andrew Gwynne (Denton and Reddish) (Lab)]

The Minister surely knows that deteriorating ambulance handover times are just one of a growing number of signs highlighting what is going wrong with A and E on this Government’s watch. Now we see the Secretary of State and his Ministers in full panic mode after denying for months that there was a problem. The question is: why was the Health Secretary the last person in the entire NHS to realise that there was an A and E crisis?

[Norman Lamb]

It seems as if Labour is always desperately in search of a crisis, even if there is none to be found. If the hon. Gentleman had listened to the answer that I gave to the hon. Member for West Lancashire (Rosie Cooper), he would have heard me say that there had been a 38% improvement in waiting times for ambulance handovers between last November and this November. I am sure that he will welcome that.

[George Freeman (Mid Norfolk) (Con)]

I congratulate the Minister and the Government on the work that is being done to integrate social and NHS care. Does my hon. Friend agree that, for the many elderly patients moving between hospital care and community social care, integrated patient records across the two areas will significantly improve elderly care? Will he meet me and campaigners following Health questions to discuss my ten-minute rule Bill?

[Mr Speaker]

The link is a strained and tenuous one, but carry on.

[Norman Lamb]

My hon. Friend deserves credit for that one. Of course I would be happy to have a chat with him. He makes a point about integrated care records. We should be focusing on ensuring that we do much more to keep frail and elderly people out of hospital in the first place. The system that we have inherited is dysfunctional, and the shift towards integrated care is exactly what needs to be done.

[Mark Menzies (Fylde) (Con)]

6. What progress his Department has made on improving out-of-hospital care for frail elderly people.

[Sir Tony Baldry (Banbury) (Con)]

13. What progress his Department has made on improving out-of-hospital care for frail elderly people.

[Nick de Bois (Enfield North) (Con)]

17. What progress his Department has made on improving out-of-hospital care for frail elderly people.

[The Secretary of State for Health (Mr Jeremy Hunt)]

Improving the quality of out-of-hospital care is the biggest strategic long-term change that we need to make in the NHS. It will help to make the NHS sustainable. Reforming the GP contract is the first step, but we also need to make major progress on integrating the health and social care systems.

[Mark Menzies]

I welcome the Government’s announcement of named GPs for older people. What does the Secretary of State envisage that will mean for my older constituents?

[Mr Hunt]

My hon. Friend is not the only person to welcome that change. After months of telling the House that this was nothing to do with the A and E problems, the shadow Health Secretary said on the “Today” programme that he welcomed the change and that it would make a difference to A and E. So I welcome the return of the prodigal son with great pride and pleasure. For my hon. Friend’s constituents, this will mean that there will be someone in the NHS who is responsible for ensuring that they get the care package that they need. That is incredibly important, because when people are discharged from hospitals, the hospitals worry about whose care they will be under. This change will provide that crucial link and make a real difference.

[Sir Tony Baldry]

Does my right hon. Friend agree that the 2004 GP contract did enormous damage to the relationship between GPs and their patients, and that the recent changes agreed with GPs should ensure much more proactive care of our most vulnerable constituents and ease pressure on A and E departments?

[Mr Hunt]

I agree with my hon. Friend, and I am pleased that the shadow Health Secretary also agrees with him in welcoming the reversal of that disastrous contract. The personal relationship between doctor and patient is at the heart of what the NHS stands for, and at the heart of that is a responsibility to ensure that people get the care they need. That is what we need to get back, and I think that the change will make a big difference to my hon. Friend’s constituents.

[Nick de Bois]

Enfield CCG is working closely with Enfield council to try to deliver integrated health and social care, particularly for the elderly and the frail. Noting our higher-than-average elderly age demographic in the borough, will the Secretary of State take steps to ensure that those efforts are supported with extra funding?

[Mr Hunt]

My hon. Friend knows that the funding arrangements are decided independently of the Government, by NHS England, which will make its decision at a board meeting before Christmas. He is absolutely right to suggest that the funding formula should reflect not only social deprivation but the age profile of constituents, because the oldest people are of course the heaviest users of the NHS.

[Liz Kendall (Leicester West) (Lab)]

The Health Secretary claims that he wants the NHS to be the best in the world at looking after the elderly. Nice rhetoric, but the reality is that we now have the highest-ever number of elderly people trapped in hospitals because they cannot get the health and social care they need at home. We now have the equivalent of five hospitals full of elderly people who do not want to be there, and that is costing the taxpayer £20 million a month. Is not the truth that care of the elderly is getting worse, not better, on his watch?

[Mr Hunt]

The truth is that the previous Government had 13 years to integrate the health and social care systems, but they failed. We are doing that, and we are also providing named GPs to the most vulnerable people, so that, hopefully, they do not have to go to hospital in the first place. That is doing a lot more for older people than the hon. Lady’s Government ever did.

[Mr Stephen Dorrell (Charnwood) (Con)]

Does my right hon. Friend agree that successive Governments over 30 years have talked about the importance of joining up the different bits of the health care system and joining that up with social care? Is not the difference between this Government and their predecessors that, through health and wellbeing boards, the integrated care fund, named GPs and the pioneers programme that he has announced, this Government are actually doing it, rather than just talking about it?

[Mr Hunt]

I have to pay tribute to my right hon. Friend, because he has been talking about the integration of health and social care for a lot longer than I have, and he is absolutely right. I would add to his list one other really important thing we are doing: we are making sure that whatever part of the system someone is in, doctors can access their GP medical record—with their permission—because that information is vital in showing their allergies, medical history and previous admissions. Breaking down the barriers that prevent that from happening is one of the things that has not been picked up but is in the GP contract.

[Graham Evans (Weaver Vale) (Con)]

7. What steps his Department has taken to ease the short and long-term impact of winter pressures on NHS services.

[The Secretary of State for Health (Mr Jeremy Hunt)]

In the short term, a record £400 million has been assigned to help the NHS cope with winter pressures this winter, with £250 million announced in August—much earlier than before. For the long term, we will provide better out-of-hospital care for the frail elderly, by restoring the link between GPs and older patients, and looking to integrate the health and social care systems.

[Graham Evans]

Will my right hon. Friend join me in praising the outstanding work of Age UK and, in particular, Age UK Cheshire, which serves my constituency? It is raising older people’s awareness of seasonal impacts on health and offering support to prevent unnecessary pressures on the health service.

[Mr Hunt]

I am delighted to do that. As these are the last Health questions before Christmas, all of us would want to pay tribute to the voluntary organisations that do an extraordinary job of making sure that vulnerable older people do not get lonely over the Christmas period. It is heroic what they do—when we are with our families, they are looking after other people—and we should salute them all.

[Valerie Vaz (Walsall South) (Lab)]

22. One way to ease the pressure on the NHS is by not handing the £2.2 billion underspend back to the Treasury. Will the Secretary of State consider using it for the NHS?

[Mr Hunt]

I wish the hon. Lady had been as diligent in asking that question of Labour Ministers, who also handed back underspends to the Treasury when they were in power.

[Steve Baker (Wycombe) (Con)]

Along with county colleagues, I wrote to the Secretary of State on this subject, because Buckinghamshire Healthcare NHS Trust is relatively underfunded compared with the rest of the country and it is in special measures following the Keogh review. Further to the answer that he gave to the earlier question, when can we expect the NHS England funding settlement to reflect more equitably the age of the public?

[Mr Hunt]

I commend my hon. Friend for the campaigning he does for high standards in his local trust. That has not been easy because, as he says, there have been a lot of problems there, although I hope he thinks that we are beginning to turn a corner. The decision on the funding allocations will be made by NHS England before Christmas, and the things that he says will, of course, be taken into account.

[Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)]

Yesterday we learned that the number of people suffering from hypothermia has soared by almost 40% on this Government’s watch. This morning the Office for National Statistics revealed that the number of older and vulnerable people who died unnecessarily last winter jumped by 29%. For every person who tragically loses their life over the winter months, eight more are admitted to hospital, putting huge strains on our crisis-ridden accident and emergency services. Will the Secretary of State please tell us what he is going to do about it?

[Mr Hunt]

I do not think I have yet answered a question across the Dispatch Box from the hon. Lady, so I welcome her to her post. I just say that she should be careful what she chooses to turn into a political football, because hypothermia admissions, as Public Health England said in August, are very closely linked to the number of cold days over a winter and the length of that winter. We had a particularly difficult winter last year, but the number of winter deaths was nearly 20% higher under the previous Government, when the right hon. Member for Leigh (Andy Burnham) was Health Secretary.

[Mrs Mary Glindon (North Tyneside) (Lab)]

8. What assessment he has made of the effects of social care budget changes on attendances at accident and emergency departments.

[The Minister of State, Department of Health (Norman Lamb)]

Joining up health and social care is an absolute priority for this Government. The NHS will provide £900 million this year and £1.1 billion next year to support social care services with a health benefit and to promote joint working. In 2015-16, we will introduce a £3.8 billion pooled budget for health and social care. The number of bed days lost because of delays attributable to social care was nearly 50,000 lower in 2012-13 than it was in 2011-12.

[Mrs Glindon]

In the first two years of this Government, there was a frightening 66% increase in the number of people aged 90 and over coming into accident and emergency in a blue-light ambulance. When will the Minister accept that cuts to elderly care have increased pressure on the NHS, and are a major cause of the A and E crisis?

[Norman Lamb]

First, it is worth us all recognising that there is an increase in the number of frail elderly people in our society living with chronic conditions and that that is putting additional pressure on accident and emergency departments. The numbers have increased by over a million a year since 2010. However, the fact that there has been a reduction of 50,000 in the number of delayed discharges demonstrates that the social care system is doing incredibly well, and we should pay tribute to social care workers across the system who are doing so well to ensure that that improvement is taking place.[Official Report, 4 December 2013, Vol. 571, c. 13MC.]

[Andrew George (St Ives) (LD)]

Bottlenecks in A and E are certainly not new, and they are not aided by the mantra that acute hospitals should be able to manage with fewer acute beds. On my hon. Friend’s point about shared and integrated planning, is he prepared to go further and push the Government in the direction of shared and integrated budgets as between health and social care?

[Norman Lamb]

I thank my hon. Friend for that question. We are creating a pooled budget in 2015-16 with this £3.8 billion fund. I can remember in opposition frequently making the case for integrated care and not really getting much of a positive response from the then Government. As the Chair of the Select Committee, my right hon. Friend the Member for Charnwood (Mr Dorrell), said, the great thing is that this Government are actually doing it.

[John Glen (Salisbury) (Con)]

9. What steps his Department is taking to improve the health of veterans.

[The Parliamentary Under-Secretary of State for Health (Dr Daniel Poulter)]

We have made excellent progress in improving the health care of our veterans by investing £22 million to support their physical and mental health. The Government have also made available £35 million of the LIBOR bank fines to support veterans and armed forces projects.

[John Glen]

I thank the Minister for that response. Will he outline the steps being taken to ensure that there is a co-ordinated approach between those commissioning services for veterans, including Salisbury district hospital, which does so much to service the veterans in Wiltshire, so that that they get the right revenue at the right time and do not go into deficit?

[Dr Poulter]

My hon. Friend is right to highlight the importance of co-ordinating veterans services, and getting the continuity of care right between a soldier or a member of the armed forces leaving the armed forces and being looked after by the NHS. I hope he will be reassured to hear that in terms of specially commissioned services, we now have nine super-prosthetic centres available for veterans who have lost limbs, 10 specialist mental health teams looking after veterans, a 24-hour mental health support line for veterans and many other measures. We are also making IVF available to veterans who have lost genitalia as a result of combat injuries.

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

Given that health is a devolved matter, is the Minister satisfied that the Administrations in Wales, Scotland and Northern Ireland are providing similarly sufficient services for our veterans?

[Dr Poulter]

Obviously, we work closely with the devolved Administrations on all such matters. We have UK armed forces, and with health being a devolved responsibility, it comes to each part of the United Kingdom to put in place the right support. On the whole, that is done very well, but I am particularly proud of the efforts the Government have made on veterans’ mental health and on specialist prosthetic centres, which can be commissioned by the devolved Administrations if they wish to make such facilities available.

[Penny Mordaunt (Portsmouth North) (Con)]

Many veterans are young men and women, and I know from my own constituency case work that a tremendous burden is often placed on elderly parents in caring for them, especially if they are suffering from post-traumatic stress disorder. Does the Minister agree that better integration between medical services in the armed forces and the NHS will benefit those families as well as the veterans themselves?

[Dr Poulter]

My hon. Friend speaks with considerable knowledge of the subject from her tradition and strong record of service. She will know that an important aspect of providing proper support for veterans is ensuring that we give their families the right support. We are working very closely with armed forces families and services charities to ensure that we do exactly that. That is why we have also put in place mental health first aid support for the families of servicemen and women to ensure that families know how to support veterans when they run into difficulties with post-traumatic stress disorder.

[Stephen Gilbert (St Austell and Newquay) (LD)]

10. What assessment he has made of the effectiveness of section 64 grants in supporting children’s hospices.

[The Minister of State, Department of Health (Norman Lamb)]

We are aware how vital the annual grant of more than £10 million is to children’s hospices and we have pledged to continue it while we work with hospices to develop a per patient funding system to ensure that hospice services from 2015 can be funded locally and on an equitable and transparent basis.

[Stephen Gilbert]

I am grateful to my hon. Friend for that answer. Since the introduction of the grant in 2006, children’s hospices now reach 75% more children and families and provide vital services. Can he assure me that the funding agreement will be in place by 2015?

[Norman Lamb]

Let me first pay tribute to the amazing work of so many children’s hospices around the country. I know that Little Harbour in St Austell in my hon. Friend’s constituency has benefited from the grant and, indeed, from the increase in the grant last year. It is absolutely the intention both to work with hospices to get this right and to introduce the new system in 2015.

[Mr Andrew Turner (Isle of Wight) (Con)]

Will the Minister join me in sending condolences to Gemma and Aaron Rolf and Jack, the parents and brother of six-year-old Sophie Rolf, who had an inoperable brain tumour and died, sadly, yesterday? Sophie and her family raised thousands of pounds to bring children’s facilities to the Earl Mountbatten hospice on the island. Those facilities were recently opened and will be a lasting tribute to a very special little girl.

[Norman Lamb]

Absolutely. I offer my condolences to the family of Sophie. The remarkable selfless fundraising done by such families does much to provide care for others and that will be a remarkable legacy for a fine young girl.

[Glyn Davies (Montgomeryshire) (Con)]

11. What discussions he has had with NHS hospital trusts on taking account of the interests of patients in Wales who depend on hospitals in England.

[The Parliamentary Under-Secretary of State for Health (Jane Ellison)]

As my hon. Friend knows, officials from NHS England frequently meet the Welsh Government to discuss the issue of health care provided in England for Welsh patients. He will know that NHS England has a duty to consider the likely impact of any commissioning decision it makes on people who reside in an area of Wales that is close to the border.

[Glyn Davies]

Does my hon. Friend agree that when commissioners for NHS hospital trusts in Shropshire are considering where to locate services, account must be taken of the needs of patients in Montgomeryshire, the vast majority of whom are dependent on Shropshire hospitals, particularly the Royal Shrewsbury hospital?

[Jane Ellison]

My hon. Friend is absolutely right to highlight the fact that cross-border health care is an area of great concern. There is a requirement to take note, as he says. The work is ongoing and I am happy to have those discussions with him.

[Hywel Williams (Arfon) (PC)]

It is not only patients local to the border who access treatment in England. Patients from as much as 90 or 100 miles away in the west of Wales—for example, young babies—access treatment on the Wirral. However, does the Minister agree that it is in the interests of hospital trusts in England to take patients from Wales, as it has been demonstrated that they often make the difference between a viable and non-viable service?

[Jane Ellison]

Of course, it is possible, depending on clinical need, for clinicians to recommend treatment in England. The hon. Gentleman knows that there are ongoing discussions, some of which are quite difficult, but the intention is obviously to ensure that we get the best health care for everyone. I would urge the Welsh Government, in particular, to consider ways in which they can review how arrangements are made in Wales. There have been calls for a review of hospitals in Wales, not least the one today from the Royal College of Surgeons.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

Hospitals such as the Royal Shrewsbury hospital, dealing with patients from both sides of the border, have historically incurred additional administration costs in dealing with the two separate authorities. What work is the Minister doing to find out what the costs are and whether she can help meet them in the future?

[Jane Ellison]

We are aware of those additional costs, and I know that my hon. Friend recently met my right hon. and noble Friend the Under-Secretary of State for Health. We are very conscious of those costs and of the difficult decisions. It is the subject of ongoing negotiation between the Welsh Government and NHS England.

[Andrew Selous (South West Bedfordshire) (Con)]

12. What lessons he has learnt from the findings of the report of Professor Timothy Briggs on improving the orthopaedic surgery published in September 2012, entitled “Getting it right first time”.

[The Parliamentary Under-Secretary of State for Health (Jane Ellison)]

In 2012 Ministers welcomed the publication of the report and acknowledged that its recommendations could help build on improvements in orthopaedic care. I believe that my right hon. Friend the Secretary of State met Professor Briggs.

NHS England is now responsible for securing high-quality outcomes. Peter Kay, the national clinical director for musculoskeletal services, is also supportive of the report’s findings.

[Andrew Selous]

Growing numbers of orthopaedic consultants accept that collaboration across networks of hospitals could improve the quality of orthopaedic care, which frankly has not always been good enough in the past. Will my hon. Friend accept the recommendations of the “Getting it right first time” report?

[Jane Ellison]

We know that NHS England has welcomed Professor Briggs’ recommendations. They are contributing to a substantial body of work on orthopaedics, with the sole objective of improving outcomes for patients. I am sure that my hon. Friend will welcome the fact that this year for the first time data about surgical outcomes have been published at both hospital and consultant level, with the objective of driving up quality and supporting patient choice.

[Paul Burstow (Sutton and Cheam) (LD)]

14. What steps he has taken in response to the findings of the report by the Chief Medical Officer, “Our Children Deserve Better: Prevention Pays”, published in October 2013.

[The Parliamentary Under-Secretary of State for Health (Dr Daniel Poulter)]

The chief medical officer’s report warmly welcomes the Government’s commitment to increasing health visitor numbers and support in the early years, and I shall be working with the children and young people’s outcomes forum to inform future improvements in children’s health.

[Paul Burstow]

My hon. Friend the Minister will know that about half the burden of mental health disease can first be identified during the teenage years. In her report, the CMO says that our information about the prevalence of childhood mental health problems and the level of under-diagnosis of mental health problems among that population is out of date. When will the Government commission the next survey? The last one was done in 2004. Is it not time to do another?

[Dr Poulter]

My right hon. Friend raises important issues. I should like to pay tribute to the work that he did in expanding children’s talking therapies and IAPT—improving access to psychological therapies—services to make better provision for mental health support. He is right to highlight, as the CMO did, the fact that we do not have enough data on children’s mental health. That has been a historical problem, and we are looking at ways to improve the data so that we can use them to improve health outcomes in mental as well as physical health.

[Dr Sarah Wollaston (Totnes) (Con)]

In Devon and Cornwall since the beginning of this year there have been three occasions when children as young as 12 and 13 with acute mental illness have been detained in police cells instead of an appropriate place of safety, and 25 occasions when children of 17 and under have been so detained. Will the Minister meet me to discuss how we can end this appalling situation and make sure that all children who are detained under section 136 are seen in an appropriate location?

[Dr Poulter]

My hon. Friend is right to highlight this problem, which is unacceptable. My hon. Friend the Minister of State is looking into it. A lot of anecdotal evidence is stacking up that this practice is happening. We do not find it acceptable, and I or my hon. Friend will be happy to meet her to discuss the matter further and ensure that it is stopped.

[Karl Turner (Kingston upon Hull East) (Lab)]

15. How many NHS walk-in centres have (a) closed and (b) restricted their opening hours since May 2010.

[The Parliamentary Under-Secretary of State for Health (Dr Daniel Poulter)]

The information is no longer collected centrally. Since 2007, under the changes introduced by the previous Government, the local NHS has been responsible for walk-in-centres, and it is for local commissioners to decide on the availability of these services.

[Karl Turner]

Official NHS figures show that attendances at accident and emergency departments have increased more than three times faster under the Tory-led Government than under the Labour Government. Does the Minister regret allowing so many walk-in centres to close?

[Dr Poulter]

As I outlined, there are not any official figures, because the data are now held locally. Monitor carried out a survey of some trusts, but that is not a measure of all trusts. The hon. Gentleman wants to look at the reasons why there have been changes to walk-in centres. There was a reduction in central funding of over 90% under the previous Government. I believe that the right hon. Member for Leigh (Andy Burnham) was a Minister at the time; if the hon. Member for Kingston upon Hull East (Karl Turner) wants to look at the reasons for that, he should perhaps ask his right hon. Friend why he reduced central funding for walk-in centres by 90%.

[Henry Smith (Crawley) (Con)]

In 2005, under the Labour Government, Crawley hospital had its accident and emergency department closed. Now we have an urgent treatment centre that has increased its operating hours and the services that it provides. What advice can the Department give to clinical commissioners about how we can expand urgent treatment centres?

[Dr Poulter]

My hon. Friend is absolutely right to highlight that these are local decisions that need to be made by local commissioners, because what looks good in Crawley will be very different from the needs in Bradford. That was the very reason that underpinned the previous Government’s decision to transfer responsibility for these services to local commissioners, but we often need more co-located services, because the Monitor survey picked up the fact that in the past, far too often, walk-in centres were isolated in the community; people did not know how to access them, or when they could do so. Monitor also recognised that there was duplication of effort, and sometimes patients who needed to be seen in accident and emergency were treated, inappropriately, in walk-in centres.

[Mr Speaker]

I am deeply obliged to the Minister, but we must leave time for Mr Mowat.

[David Mowat (Warrington South) (Con)]

16. What recent consideration he has given to banning the use of NHS funds for provision of alternative therapies.

[The Parliamentary Under-Secretary of State for Health (Jane Ellison)]

As my hon. Friend will know, the provision of alternative and complementary therapies is decided by clinical commissioning groups, which obviously must take into account local health needs and priorities.

[David Mowat]

I thank the Minister for that answer. Many parts of the NHS are under intense, relentless financial pressure, so how can it be right that we spend millions of pounds a year on remedies that have no scientific basis, other than through their placebo effect?

[Jane Ellison]

My hon. Friend is quite right to highlight that value for money is very important. It is for local commissioners, not the Department, to decide how funding is spent to meet the needs of the populations whom they serve, but crucially, clinical commissioning groups are responsible for achieving value for money as regards the services that they commission, as well as for delivering improvements in the quality of care, and better outcomes for patients.

[Simon Danczuk (Rochdale) (Lab)]

T1. If he will make a statement on his departmental responsibilities.

[The Secretary of State for Health (Mr Jeremy Hunt)]

I need to correct the record. In the House on 30 October, I said that it took 21 minutes longer for the average person to be seen in A and E under the previous Government—a figure that was repeated by the Prime Minister in Prime Minister’s questions. My Department made a statistical mistake: it turns out that under Labour, the average person took not 21 but 44 minutes longer to be seen. I apologise for underestimating the improvements made under this Government.

[Simon Danczuk]

When people have mental health problems, waiting too long for talking therapies can lead to poor recovery, relationships falling apart, and job loss. What progress has the Minister made in establishing and delivering maximum waiting times for talking therapies?

[Mr Hunt]

The hon. Gentleman is absolutely right: this is a big priority for the Government. We are a big fan of talking therapies. We have taken huge strides in improving take-up, but there is still a long way to go, and we are looking at introducing access standards, so that there is a maximum time beyond which no one has to wait.

[John Pugh (Southport) (LD)]

T3. What measurable progress is being made in improving data sharing, not just between hospitals and general practitioners, but between the NHS and social services, to avoid bureaucracy and additional cost?

[Mr Hunt]

My hon. Friend has taken a great interest in this topic, and he is absolutely right to do so, because if we are to give integrated, joined-up care, in which people deal with NHS professionals who know about them, their medical history, their allergies and all the other important things, it is vital that, if they give their consent, their medical record can be accessed. That needs to be from GP surgery to hospital to social care system. Under the named GP policy that we have announced, there is a big opportunity for care homes to access GP records and keep them updated daily, so that GPs are kept in daily contact with how some of the most vulnerable people are doing.

[Andy Burnham (Leigh) (Lab)]

Today I want to put to the Secretary of State new evidence that the A and E crisis is deepening, and having a serious knock-on effect on ambulance services. Information from police forces reveals that cases in which police cars have to ferry patients to A and E are far more widespread than people realise; in some areas, it happens on a daily basis. One ambulance service is now using retained firefighters to attend calls, and—this is how bad things have got—another ambulance service has seen a 350% increase in the number of 999 calls attended by taxis. Does the Secretary of State think that it is ever acceptable that when a patient dials 999, a taxi turns up?

[Mr Hunt]

I am afraid that that is utterly irresponsible. We are hitting our A and E target, and we are hitting our ambulance standard. When the right hon. Gentleman was Health Secretary he missed the ambulance standard for October, November, December and January. He is trying to talk up a crisis that is not happening. He should think about people on the front line and, just for once, put patients before politics.

[Andy Burnham]

The country will have heard the complacency from the Secretary of State. He needs to explain why he spent Friday afternoon making panicked phone calls to hospitals up and down the country that were missing their A and E target. He did not condemn the use of taxis, which is unacceptable but is happening on his watch because ambulances are trapped at A and E, unable to hand over patients. That means that 999 response times have got worse and large swathes of the country, right now, are without adequate ambulance cover. Is it not time that the Secretary of State was honest with the public and admitted the scale of the crisis facing the NHS this winter, and took action now to prevent it from engulfing other emergency services?

[Mr Hunt]

We will take no lessons in complacency from the party that did so little to sort out excess deaths in hospitals such as Mid Staffordshire, Morecambe bay, Basildon and Colchester, and many other hospitals. The truth is that, compared with when he was Health Secretary, we see nearly 2,000 more people every single day within the four-hour standard. We are doing much, much better: we have more A and E doctors, and the NHS is doing extremely well. I know that for him it is always politics first and patients second but, for once, he should be responsible and think about the people on the front line.

[Neil Carmichael (Stroud) (Con)]

T4. In contrast to the previous Government’s lack of focus, what have this Government done about hospital infection control, with particular reference to data management systems?

[The Parliamentary Under-Secretary of State for Health (Dr Daniel Poulter)]

My hon. Friend makes an important point, and I hope that he will be reassured that under the current Government, clostridium difficile and MRSA rates are both about 50% lower than they were under the previous Government. We will continue to make sure that we reduce unacceptable hospital infections.

[Rosie Cooper (West Lancashire) (Lab)]

T2. Following Francis and Keogh, and in creating a more open and accountable NHS, will the Secretary of State, in the spirit of total transparency that he favours, order foundation trusts to publish all their board papers, have exactly the same publishing requirements as non-FTs, and hold all their board meetings in public?

[Mr Jeremy Hunt]

I absolutely encourage that transparency. In fairness, the hon. Lady will accept that this Government have done more to improve transparency in the NHS than any Government have ever done. I would encourage all FTs to be transparent about their board meetings, but they are independent organisations, and we have learned—[Interruption.] Well, this was legislation that her Government introduced, and we have learned that it is important to give people autonomy and independence, because they deliver a better service for patients.

[Dr Julian Huppert (Cambridge) (LD)]

T6. Cambridgeshire and Peterborough clinical commissioning group receives one of the lowest amounts of funding per head in the country. The Government’s own fair shares formula, which takes account of factors such as population, age and deprivation, says that we should have £46.5 million more each year. I know that it is not his decision, but does the Minister think that the new formula should be implemented?

[Dr Poulter]

My hon. Friend makes some important points about the funding formula. He will know that for the first time this year, it will be set independently by NHS England, and I am sure that it will take on board the points that he has made. He will recognise, however, that there are many other determinants of the funding formula, such as deprivation, which it will want to look at and take into account.

[Caroline Lucas (Brighton, Pavilion) (Green)]

T5. The last time I asked the Secretary of State about the £30 million-worth of cuts forced on hospitals in Brighton and Sussex, he said that it was all down to local discretion. Does he admit that behind his rhetoric about protecting the NHS budget there still lies a real 4% cut to the centrally dictated national tariff? Does he acknowledge, therefore, that hard-working nurses and doctors have to do more with less money while patients suffer? Will he reverse those cuts?

[Mr Jeremy Hunt]

Can I explain to the hon. Lady that the reason for the 4% efficiency savings is that, although we protected the budget in real terms, demand for NHS services has gone up by 4% year in, year out, so we need to find those efficiencies? Within that, it is incredibly important that we do not make false economies in relation to the number of nursing staff, which is why last week’s announcement on our response to the Francis report will make a big difference, and we have already begun to see more nurses.

[Jonathan Evans (Cardiff North) (Con)]

T7. Given the more than 30% increase in the past five years in the cost to the NHS of prescribing stoma appliances, what action is the Minister taking to promote training for stoma patients in alternative management techniques, such as colostomy irrigation?

[The Parliamentary Under-Secretary of State for Health (Jane Ellison)]

My hon. Friend may know that specialist NHS stoma nurses offer a range of support and advice to help patients adapt to life with a colostomy, and this advice can cover colostomy irrigation, if appropriate. This is supplemented with patient literature on colostomy, which is widely available in the NHS.

[John Cryer (Leyton and Wanstead) (Lab)]

Further to question 15, I understand that responsibility for walk-in centres has been devolved. Why does that necessarily prevent central Government from collecting those figures centrally? It is pretty staggering that a Minister should turn up and say, “Well, the decisions are made locally so we just don’t bother finding out.”

[Dr Poulter]

That is a question that the hon. Gentleman had much better address to his own Front Bench, who made the decisions to devolve these responsibilities locally. When it comes to commissioning health services, we believe it is down to doctors and nurses, who are now leading clinical commissioning on the front line, to determine which services are appropriate in local areas. There were clearly concerns about the way that urgent care centres had previously been commissioned. That is why so many of them are now being relocated and co-located in accident and emergency departments.

[Mr John Baron (Basildon and Billericay) (Con)]

T8. The Secretary of State is well aware that the all-party group on cancer has campaigned long and hard for the monitoring of one and five-year survival rates as a means of promoting earlier diagnosis, cancer’s magic key. Is he confident, though, that the mechanisms are sufficient to ensure that those clinical commissioning groups that are underperforming in relation to their one and five-year survival rates will face concrete action to improve earlier diagnosis, given the recent OECD report suggesting that 10,000 lives a year could be saved in this country if we matched European average survival rates?

[Jane Ellison]

My hon. Friend is right to champion early diagnosis and he has raised these issues in the House on many occasions and with me. Improving cancer survival is a key priority for this Government. We aim to save an additional 5,000 lives each year by 2014-15. Clinical commissioning groups have a duty on early diagnosis. It is part of their crucial outcomes indicators set, and they will be held to account for that because we cannot deliver those improvements in cancer outcomes without early diagnosis.

[Helen Jones (Warrington North) (Lab)]

When the Government decided to slash council budgets and, therefore, adult social services, did they know what effect that would have on hospitals, particularly A and E, and decide to carry on anyway, in which case they are too callous to be running the NHS, or did they not know, in which case they are too stupid to be running the NHS?

[The Minister of State, Department of Health (Norman Lamb)]

Throughout this Parliament we have ensured that extra funding has gone into social care to recognise the fact that council budgets have been under strain. The point that I made earlier—that there has been a 50,000 reduction in delayed discharges to social care—demonstrates just how well they are doing under significant pressure.

[Andrew Stephenson (Pendle) (Con)]

T9. What progress have the Government made in driving up standards and transparency in hospitals, social care and general practice?

[Norman Lamb]

The Government’s response to the Francis report demonstrated that openness and transparency are critical. As a result of the steps that we have proposed, this will be the most open health system anywhere in the world. That is something we should be very proud of.

[Robert Flello (Stoke-on-Trent South) (Lab)]

I need to press the Minister on this. Does he really expect people to believe that cutting £1.8 billion from local authority care budgets—Stoke-on-Trent has lost a third of its overall funding—will have no impact on the A and E crisis?

[Norman Lamb]

Labour still seems to be in complete denial about the crisis in public finances that we inherited in 2010 owing to failures by the Government whom the hon. Gentleman supported in managing public finances. What we are doing is introducing a £3.8 billion fund to pool health and social care. It amounts to a substantial shift of resources to preventing ill health and it will do exactly what we need to do for social care.

[David Morris (Morecambe and Lunesdale) (Con)]

May I thank the Under-Secretary of State for Health, my hon. Friend the Member for Central Suffolk and North Ipswich (Dr Poulter), for recently opening a walk-in centre in Morecambe? May I also set the record straight, because the centre had been closed under the previous Government? Does he not think that it is a shocking indictment that in 2006 the NHS was cut by 9% in the region—

[Mr Speaker]

Order. First, topical questions are supposed to be brief. Secondly, the Minister is not responsible for what happened in 2006. We will have a very brief reply and then perhaps we can move on.

[Dr Poulter]

It was a great pleasure to open the walk-in centre in Morecambe, which was led by local commissioners to meet local clinical need.

[John Healey (Wentworth and Dearne) (Lab)]

The European Union has just agreed a trade deal with Canada that excludes health care, so will the Secretary of State ensure that the proposed EU trade and investment agreement with the US also excludes health care?

[Mr Jeremy Hunt]

We are looking at that very closely. We are big supporters of having a free trade deal between the EU and the US, but we do not want to do anything that would affect the fundamental principles, values and practices of the NHS.

[Stuart Andrew (Pudsey) (Con)]

The new review into children’s heart units feels very different, and I am pleased that everything is on the table. However, I was concerned to learn that the task and finish group has decided to meet in private. Given the group’s importance in decision making, and remembering the experience of the Safe and Sustainable review, does my hon. Friend agree that, in the interests of openness and confidence, the group should meet in public?

[Jane Ellison]

My hon. Friend has been a great and sustained champion of that cause in this House and in speaking up for his local hospital and his constituents. NHS England is clear that all substantive decisions on the new review on congenital heart disease will be made by its full board, which meets in public, so there is no question of a major decision being taken in private. With regard to the sub-groups, including the one he mentioned, their papers and minutes are all published, but for practical reasons none of them meets in public, and that is normal practice. However, all major decisions will be taken in public by the full board.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

The Minister will know that following the neuromuscular services review an explicit commitment was made to fund a care adviser and paediatric consultant post for the west midlands. Is he willing to meet me, patients and representatives of the Muscular Dystrophy Campaign to discuss the service and that commitment?

[Norman Lamb]

I would be happy to do so. I understand that NHS England is scheduling a meeting with Birmingham Children’s Hospital NHS Foundation Trust, which I hope will make some progress in ensuring that there is sufficient co-ordinated care for people with muscular dystrophy in the west midlands.

[Several hon. Members]

rose—

[Mr Speaker]

I fear that this will almost certainly be the last question. Karen Lumley.

[Karen Lumley (Redditch) (Con)]

In the past two weeks I have had to visit accident and emergency units in Redditch and in north Wales, unfortunately with members of my family. Although health is a devolved matter in Wales, will my right hon. Friend the Secretary of State invite his counterpart in Wales to spend some time at the great A and E unit in Redditch to see for himself the stark differences between the two services?

[Mr Jeremy Hunt]

I would be delighted to do so. He will see the impact of not cutting the NHS by 8%, which is what Labour has done in Wales, which means that in this country we are hitting our A and E targets and in Wales they have not hit them since 2009.

[Mr Speaker]

I am sorry to disappoint colleagues, but we must move on. Demand usually outstrips supply.

Electronic Patient Records (Continuity of Care)

Tuesday 26th November 2013 Commons Chamber

Motion for leave to bring in a Bill (Standing Order No. 23)

12:33

[George Freeman (Mid Norfolk) (Con)]

I beg to move,

That leave be given to bring in a Bill to allow patients access to and ownership of their own electronic patient records; to require medical professionals to maintain and share electronic patient records as part of individual care plans; and for connected purposes.

Mr Speaker, do you know your NHS health number? How many colleagues in the House know theirs? I ask because it is an important little number, for reasons I want to expand on, a number that opens a door on to a whole new world. It is the world of personalised medicine and patient empowerment.

As you are aware, Mr Speaker, from your support for medical research charities, medicine and health care are being transformed by an explosion of new technologies around the world. We are living through a biomedical revolution every bit as profound as the agricultural and industrial revolutions that came before us. Health care is moving from being something done to us by Government to something we do for ourselves. It is a revolution that is transforming the traditional world of drug discovery, in which I worked before coming to the House.

The UK is pioneering a new model of patient-centred biomedical research. Across the world, the life sciences industry is radically reconstituting itself around what everybody is coming to recognise as the most important asset of all—the ability to work with patients and their clinicians, and with biopsies, patient records and data, to design a new generation of targeted and personalised medicines.

This model of targeted medicine unlocks the biggest prize of all—a new model of reimbursement where, instead of sitting in smoke-filled rooms every five years to negotiate prices for one-size-fits-all blockbuster drugs which neither we nor the industry can afford, we get to be the country getting drugs at reduced prices, reflecting the value we have delivered through our NHS infrastructure. That is why the Prime Minister’s leadership in grasping this opportunity through the life sciences strategy matters so much, as do the vision and the measures contained within it—the £1 billion a year investment in the National Institute for Health Research, the catalyst fund, the patent box, the NHS open data initiatives, and now the £100 million Genomics England project. Ultimately, linking clinical and genomic data and using the power of modern computing provides the opportunity to turn the NHS from a major driver of the structural deficit into a major driver of growth in life sciences and a catalyst for public sector innovation, reform, and patient and citizen empowerment. This really matters.

But there is a problem—in fact, a series of problems. The data are not yet integrated. Connecting for Health was a disaster. The landscape is getting better, but it is still very patchy. The best GPs are streets ahead of the worst. Hospital records are very fragmented. There is almost no proper integration of patient records with the care system. Electronic patient records are not yet mainstream in our health or care sectors for patients nor clinicians. This matters, not just because it is holding back our ability to lead in research, but here today for patients too. We need only look at Mid Staffs and Winterbourne View to see that our inability properly to monitor patient treatment and care is having a profound impact on patients.

The Bill has two simple provisions. Clause 1 would provide for ownership of and access to our patient records and health data to empower patients in everyday health care and in research. Clause 2 would create a new statutory duty of care on NHS professionals to use and update the information and to ensure that the next professional on the patient’s care pathway is using properly maintained patient records.

The Bill is intended to have a number of key effects. First, it would reassure patients by establishing in law that ultimate control lies with us, the patients—that these are our data and we are clear that they belong to and are controlled by us, not the Government or the European Union, whose latest data protection laws risk holding back this revolution in medicine. We need to raise awareness of the power of patients to access our own data. We need to change the culture inside the NHS so that patients who request data are not sneered at or resented as troublesome but treated as enlightened health care citizens taking an interest in and responsibility for our own or our loved ones’ life prospects.

The Bill would allow us to log on and check our medical histories, including prescriptions, dates of when we saw who, and key medical information—or to check for a loved one using their NHS number—and to check and submit any changes or additional information, any side effects or symptoms, and our compliance. This is crucial information lying at the heart of modern medicine. We could use our EPR—electronic patient record—to plug into the exploding world of online health apps, which are transforming health care with devices such as in-house diagnostics and watchstrap heart and blood pressure monitors that can automatically upload data to our electronic health record and transmit it to our clinician. We could use the EPR to give permission for our data to be used in any NHS medical research and/or to enter clinical trials. Ninety-nine per cent. of patients say, when asked, that they would not only be happy for their data to be used in trials but are amazed that they are not already.

On the health care side, the Bill would mean that every health care professional would have a duty to use the EPR system and keep our records up to date, and to record treatment and ensure that the records are passed on to the next person on the care pathway. Thus the EPR becomes not a boring chore but the central tool for ensuring continuity of care. If a person or their loved one, or a constituent, passes from GP to hospital to community care sector and back again, as do an increasing number of elderly patients, in particular, it would be easy for them, their loved ones and their doctors and carers instantly to track and monitor their status, condition, diagnosis and treatment, and whose care they are in.

In a few years’ time it will be unimaginable to think of health records and patient monitoring as it is today, with paper records, cardboard boxes, partial digitisation, fragmentation across hospitals, and community care a black hole. It will be as unimaginable as the world of banking before electronic and telephone banking empowered millions of banking consumers to take more responsibility for their finances. The same revolution is happening in health care. Of course, there are a number of issues, challenges and things to get right as regards the sharing of data. I am aware of those and I am working on them with opinion leaders as we draft the Bill to make sure that we get this right.

Without the measures in this Bill there is a clear and present risk of the UK—far from leading in this world of personalised medicine; far from winning in the global race for investment; and far from the NHS pioneering new models of health care and productivity and patient empowerment—becoming a backwater and talking the talk but not walking the walk.

In the past two weeks since I made public the Bill’s aims, it has already secured extraordinary support from a wide range of key opinion leaders in the field, including more than 50 medical research charities, leading professor clinicians at the front line of UK research medicine, the NHS data commissioner and the Ethical Medicines Industry Group, which is not big pharma, but small, emerging companies pioneering the new treatments and diagnostics that are all too often locked out by our current system of NHS innovation rationing.

Most important of all is the support of patients, whose data, NHS and health care we are discussing. Patients have had to be patient for too long. They include Graham Hampson Silk, who has told me that this revolution in research-based medicine saved his life. Ten years ago, he was given six months to live—yes, Members heard me correctly. His life has been saved by the team of clinicians and NHS staff at Birmingham royal infirmary and the Institute of Translational Medicine, led by the inspiring Professor Charlie Craddock, who is here today. He found a drug in development in the USA, raised money through local fundraising to fund a trial for Graham and is now pioneering personalised cancer treatment here in the NHS with NHS patients and their data, so that every patient becomes a research patient, helping prevent the next generation from suffering unnecessarily.

I commend this Bill to the House.

Question put and agreed to

Ordered,

That George Freeman, Charlotte Leslie, Dr Phillip Lee, Mr Dominic Raab, Jesse Norman, Geoffrey Clifton-Brown, Damian Hinds, Dr Sarah Wollaston, Nick de Bois, John Glen, Dr Julian Huppert, Rosie Cooper and Natascha Engel present the Bill.

George Freeman accordingly presented the Bill.

Bill read the First time; to be read a Second time on Friday 17 January 2014, and to be printed (Bill 134).

Gambling (Licensing and Advertising) Bill

Tuesday 26th November 2013 Commons Chamber

Consideration of Bill, not amended in the Public Bill Committee

New Clause 1

Facilities for remote gambling

‘(1) Section 235 of the Gambling Act 2005 (gaming machines) is amended as follows.

(2) In subsection (2)—

(a) in subparagraph (h)(ii), leave out “and”, and

(b) after paragraph (i) insert—

“(j) a machine is not a gaming machine by reason only of the fact that it is remote gambling equipment (within the meaning of section 36) which is made available for use in a casino.”.

(3) After subsection (4) insert—

“(4A) The Secretary of State may by regulations provide for the maximum number of machines to which subsection (2)(j) applies that may be made available for use in a casino.”.’.—(James Duddridge.)

This amendment clarifies that a remote gambling terminal provided in a casino is not a gaming machine and provides for the Secretary of State to be able to make regulations setting the maximum number of such machines which may be made available in a casino.

Brought up, and read the First time.

12:42

[James Duddridge (Rochford and Southend East) (Con)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

New clause 2—Licence compliance, stipulations and control—

‘(1) Notwithstanding the regulation of spread betting by the Financial Conduct Authority, operators licensed for remote gambling by the Gambling Commission shall, to ensure their continued fitness as such, be obliged to comply with Condition 15.1 of the Consolidated Licensing Conditions and Codes of Practice 2011 (or its equivalent from time to time) in relation to all areas of their gambling operations, including spread betting and any other operations not within the jurisdiction of the Gambling Commission.

(2) In the event of any breach of subsection (1) which the Gambling Commission believes calls into question the fitness of the relevant operator, the Gambling Commission may require the operator to provide an explanation of such breach within one month and may, if not satisfied with such explanation, revoke the operator‘s licence.’.

New clause 3—Kite mark—

‘(1) The Gambling Commission shall require all licensed online gambling operators to display a standard kite mark on all their promotional materials, websites and webpages, to indicate that such operators are licensed by the United Kingdom Gambling Commission.

(2) The Gambling Commission shall design and determine the form of the kite mark, which will provide a link to information and advice on its website for customers.’.

New clause 4—Remote gambling licensees and customer protection—

‘Holders of licences for remote gambling operations shall be required to participate in a programme of research into and treatment of problem gambling in accordance with arrangements to be determined by the Secretary of State in regulations in the form of a statutory instrument approved by both Houses of Parliament, and a levy for that purpose may be imposed under section 123 of the Gambling Act 2005.’.

New clause 5—Reporting of suspicious activities and power to obtain financial information—

‘(1) In order to promote consistency of sports betting regulation, regulation of remote sports spread betting operators and of all sports spread betting as defined herein shall be transferred from the Financial Conduct Authority to the Gambling Commission, which shall thereupon—

(a) have power to require and obtain from its licensees including spread betting organisations information concerning actual or potential suspicious activities in relation to sporting events, and to share such information with the relevant sports governing body;

(b) have power to require and obtain information on financial transactions by licensees which it reasonably suspects might be germane to the investigation of suspicious betting activity, money laundering or other criminal activities, or the protection of vulnerable individuals.’.

(2) “Sports spread betting” shall for this purpose mean spread bets in relation to sports as governed under Schedule 6, Part 3 of the Gambling Act 2005.’.

New clause 6—Consultation on self-exclusion—

‘Having regard to the significance of the remote gambling market in relation to potential problem gambling, the Secretary of State shall consult on a system of standardised self-exclusion for the gambling industry, to include means of addressing exclusion from remote gambling access in the context of other gambling media.’.

New clause 7—Dormant accounts—

‘(1) The Secretary of State shall consult on appropriate ways to require licensed remote gambling operators to disclose (as a condition of their licence) the amounts held by them by way of—

(a) winnings of UK customers unclaimed for a period of more than one calendar year; and

(b) sums in dormant accounts of UK customers.

(2) A dormant account shall for this purpose be an account which has been inactive for at least one calendar year.’.

New clause 8—Discussions between gambling regulatory bodies and sports governing bodies—

‘The Secretary of State shall have power to make regulations, to be laid before and approved by both Houses of Parliament, stipulating the manner and time of regular meetings between any and all of the gambling regulatory bodies and sports governing bodies.’.

New clause 9—Advertising watershed—

‘The Secretary of State shall consult on the current regulatory position concerning advertising of gambling before the nine o‘clock watershed and shall lay before the House a report of the findings not later than the final sitting day before the summer recess 2014.’.

New clause 10—Application of the horserace betting levy—

‘In article 2 of the Gambling Act 2005 (Horserace Betting Levy) Order 2007/2159, for paragraph 3 substitute—

“(3) Subject to paragraph (4), expressions used in sections 24 to 30 of the 1963 Act shall have the meanings given to them by section 55(1) of the 1963 Act (as that provision had effect immediately before 1st September 2007).

(4) For the purposes of paragraph (3), the definition of ‘bookmaker’ as set out in section 55(1) of the 1963 Act (as that provision had effect immediately before 1st September 2007) shall be modified by—

(a) replacing the comma at the end of paragraph (b) of the definition of ‘bookmaker’ with ‘; or’; and

(b) after paragraph (b) of the definition of ‘bookmaker’ inserting—

‘(c) holds a remote gambling operating licence under the Gambling Act 2005 which authorises that person to provide facilities for betting,’.”.’.

New clause 11—Power to extend the horserace betting levy to overseas bookmakers—

‘(1) The Secretary of State may by regulations amend any provision or provisions of the Betting, Gaming and Lotteries Act 1963 (c 2) (at a time when the provisions listed in section 15(1)(a) to (c) of the Horserace Betting and Olympic Lottery Act 2004 (horserace betting levy system) have not been entirely repealed by order under that section), the Gambling Act 2005 and/or the Gambling Act 2005 (Horserace Betting Levy) Order 2007/2159 for the purposes of ensuring that each person who holds a remote gambling operating licence under the Gambling Act 2005 which authorises that person to provide facilities for betting shall be—

(a) liable to pay the bookmakers’ levy payable under section 27 of the Betting, Gaming and Lotteries Act 1963 (c 2); and

(b) subject to the provisions of section 120 of the Gambling Act 2005 (as modified in accordance with the Gambling Act 2005 (Horserace Betting Levy) Order 2007/2159) if that person is in default of such bookmakers’ levy.

(2) Regulations under this section must be made by statutory instrument.

(3) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.’.

New clause 12—Financial blocking—

‘After section 122 (information) of the Gambling Act 2005, insert—

“122A (1) The Commission may give a direction under this section if the Commission reasonably believes that a person or organisation who does not hold a remote gambling licence is providing remote gambling services in the United Kingdom.

(2) A direction under this section may be given to—

(a) a particular person operating in the financial sector;

(b) any description of persons operating in that sector; or

(c) all persons operating in that sector.

(3) A direction under section (1) may require a relevant person not to enter into or continue to participate in—

(a) a specified transaction or business relationship with a designated person;

(b) a specified description of transactions or business relationships with a designated person; or

(c) any transaction or business relationship with a designated person.

(4) Any reference in this section to a person operating in the financial sector is to a credit or financial institution that—

(a) is a United Kingdom person; or

(b) is acting in the course of a business carried on by it in the United Kingdom.

(5) In this section—

“credit institution” and “financial institution” have the meanings given in Schedule 7, paragraph 5 of the Counter-Terrorism Act 2008;

“designated person”, in relation to a direction, means any of the persons in relation to whom the direction is given;

“relevant person”, in relation to a direction, means any of the persons to whom the direction is given.”.’.

This New Clause allows the Gambling Commission to prevent a person or organisation without a remote gambling licence from accessing the UK market by financial transaction blocking.

New clause 13—Comparison of codes and technical standards in white listed jurisdiction with UK—

‘(1) The Commission shall review the social responsibility provisions of the codes of practice and technical standards of—

(a) EEA states; and

(b) the places to which section 331(2) of the Gambling Act 2005 has applied.

(2) The Commission shall amend the codes of practice and technical standards issued in pursuance of section 24(2) of the Gambling Act 2005 so that the code and technical standards reflects the strongest social responsibility provisions identified in subsection (1).

(3) In this section “social responsibility provisions” means a provision of the code identified as—

(a) ensuring that gambling is conducted in a fair and open way.

(b) protecting children and other vulnerable persons from being harmed or exploited by gambling; and

(c) making assistance available to persons who are or may be affected by problems related to gambling.’.

This New Clause requires the Gambling Commission to review the codes of white listed jurisdictions to establish which has the most comprehensive and sophisticated provisions to protect problem gamblers and to ensure that the UK codes and technical standards provide as robust standards for consumer protection.

New clause 14—Self-exclusion for remote gambling—

‘After section 89(1) (remote operating licence) of the Gambling Act 2005, insert—

“( ) The Commission shall hold a list of persons who have registered to be excluded from remote gambling.

( ) It shall be a condition of a remote operating licence that an operator must exclude any person who has registered for self-exclusion with the Commission.”.’.

This New Clause would give the power for the Commission to hold a list of those who wish to self-exclude. It would be a condition of a remote operating licence that individuals on the list must be excluded.

Amendment 1, in clause 1, page 2, line 11, at end add—

‘(8) The Secretary of State shall publish a report to Parliament one year after the commencement of this Act, and annually thereafter, on the enforcement activity of the Gambling Commission in respect of unlicensed operators attempting to provide facilities for gambling in the UK.’.

[James Duddridge]

New clause 1 seeks to allow online as well as offline gambling in casinos. In other words, it seeks for casinos to be able to provide people with the type of gambling offered by smartphones and tablets.

I think in all candour that the Department for Culture, Media and Sport has an old-fashioned view of the world—one that was once true and where there was a clear division between on and offline gaming. I suspect there is also an element of divide and rule involved. The gambling industry is a powerful body and it would be attractive to regulate both forms of gaming separately and get them to compete actively against one another.

The reality is different: online and physical provision of services have been merged in many industries. It is possible to order a product online from Asda and then collect it from a bricks-and-mortar store. It is possible to visit the clothing department at Marks & Spencer and order boxer shorts online for delivery. The on and offline worlds have merged in a number of environments. I hope that my examples are not an advertisement for those two institutions.

[Mr Speaker]

I would not accuse the hon. Gentleman of advertising for one moment. It is always of great interest to the House to learn about his personal arrangements.

[James Duddridge]

Thank you, Mr Speaker. For a moment, I feared that I was getting my knickers in a twist.

My constituency of Rochford and Southend East is home to three, soon to be four, casinos, which are bricks- and-mortar or physical ones. Such establishments employ thousands of people nationally. Locally, 277 people are employed in the existing three casinos, which will go up to about 400 when the fourth casino is launched. About 80% of the staff have been issued with personal licences by the Gambling Commission, while 100% of them receive annual training in responsible gambling, so they are well qualified.

Reports, such as an excellent one from GamCare, have outlined the details of the significant work that the industry is already doing, with much greater protection of vulnerable individuals being provided in casinos than online. I do not necessarily want more gambling, but I want more of the existing gambling to take place in such licensed and heavily regulated environments.

I am glad to say that new clause 1 is supported by my hon. Friend the Member for Maldon (Mr Whittingdale), the Chair of the Select Committee on Culture, Media and Sport, who did an awful lot of work with the Committee on pre-legislative scrutiny of the Bill; by the hon. Member for Bradford South (Mr Sutcliffe), an ex-Minister with responsibility for gambling, who is well respected, particularly in relation to gambling problems and the care of those with such problems; by the hon. Member for Manchester, Withington (Mr Leech), which shows that all parties support this cross-party issue; and by my hon. Friend the Member for Shipley (Philip Davies), who is a guru of all things gambling.

Bricks-and-mortar casinos are highly regulated. They are at the top of the regulatory pyramid in gambling. They are one of the safest places to be in Southend because of the security; they are certainly one of the safest places in which to gamble. I therefore find it hard to understand why casinos are restricted from offering a full range of products to their customers.

A bricks-and-mortar casino can advertise online products inside its premises, but it is not allowed to provide a remote gaming machine for customers to play inside its walls. That anomaly certainly needs to be corrected. Bizarrely, if it had a small area outside, customers—rather like having a fag at the back of a pub—would be able to gamble there, but they cannot do so inside.

[Mr David Nuttall (Bury North) (Con)]

Given that the Government have told us that the Bill’s whole rationale is to protect gamblers, can my hon. Friend think of any reason why they would not want to support his new clause?

[James Duddridge]

In an ideal world, I would hope that the Government supported new clause 1, or tabled a suitable amendment in the House of Lords or, in the broadest sense, took note. The argument against the new clause is one made against several others in the group, which is that it will add complexity when, for good reason, we want to move quickly. New clause 1 is quite tightly worded, however, and for a little complexity, it would give a lot of benefit.

Some people have been critical of my speech on Second Reading and my contributions in Committee, fearful that I was promoting irresponsible gambling, but that is a lazy and incorrect interpretation of my view and new clause. I am not attempting to liberalise regulation within casinos—that could not be further from the truth—but to get a level playing field to allow online customers to play online games in casinos with proper protection.

[Mr John Leech (Manchester, Withington) (LD)]

I pay tribute to the hon. Gentleman for tabling the new clause. Does he agree that making online gambling available in casinos is far better than people spending hours and hours in the completely uncontrolled environment of their own bedrooms?

[James Duddridge]

I could not agree more with the hon. Gentleman, who makes his point eloquently. That arrangement is better for those who have a developing problem, because they have the support of professionals who are there to monitor their behaviour. There is nothing to stop someone sitting in their bedroom and gambling away a fortune while drinking half a bottle of Scotch, but that would not be allowed at a roulette table. Under my new clause, someone gambling in that way would be stopped by staff within the casino, so the hon. Gentleman’s point is absolutely true.

[Paul Farrelly (Newcastle-under-Lyme) (Lab)]

We have tried to avoid complexity in the Bill because there is the prospect that it might be challenged. However, it will not be challenged on the grounds that it clears up a simple anomaly, which is what new clause 1 would do. I thoroughly support the new clause. Does the hon. Gentleman agree that it is odd that we have gone through extensive pre-legislative scrutiny, but the Government have ignored this central recommendation of the Culture, Media and Sport Committee?

[James Duddridge]

I agree with the hon. Gentleman. It is disappointing that more has not been taken on from the pre-legislative scrutiny. Otherwise, what is the point of having it? However, the Government have been right to resist the obvious temptation to tag too many things on to the Bill. There is a balancing act to be done, but some kind of enabling legislation in the Bill would allow the tinkering to take place later and with more consultation.

Customers should be allowed to choose what they want to do and where they want to do it. Customer choice is moving in favour of gambling in casinos and the legislation should not stand in the way of that. In many ways, the new clause is deregulatory.

[Robert Neill (Bromley and Chislehurst) (Con)]

My hon. Friend is making a powerful case. I hope that the Minister listens to it sympathetically. His experience corresponds to my experience of speaking to organisations in my constituency that deal with the problem of gambling. It is much better if gambling happens in a regulated environment. Does he agree that his approach is consistent with the approach that the Government have adopted in promoting drinking in pubs because they are a safe and controlled environment in which to indulge in a practice that is lawful, but that can be abused? It is better to do such things in a controlled environment than at home.

[James Duddridge]

My hon. Friend draws a strong parallel and teases out the point that if something is done in the open in society, there is greater protection than if it is done in private, whether it be drinking or gambling.

The Minister has been exceptional in listening to the concerns that have been raised. There has been a strong dialogue with the industry and the Culture, Media and Sport Committee. I hope that she reflects on the debate and is able to assist us. The ideal response would be for her to say that new clause 1 is absolutely perfect and fabulously crafted, that there are no errors whatsoever, and that the Government are desperately thankful for all our work and will accept it immediately. I suspect that that will not be the case. It is not normal practice for a lowly Back Bencher to craft a perfect amendment that takes all points into consideration.

If the new clause is flawed, perhaps the Minister will consider bringing forward a consultation on the issue and setting a time scale for it. It would be unsatisfactory if consultation was offered, but it did not happen for several years and the report sat on the shelf for several months afterwards. In addition to considering a timed consultation, will she go into a bit more detail about what will happen if the consultation shows that the substance of the new clause is needed? We will not have another gambling Bill in the next couple of years, so if primary legislation is required, it needs to go into this Bill. That might not happen today, but it could happen in another place. There is significant concern in the industry that there is no mechanism for making this change through secondary legislation if a consultation shows that it is the right change to make.

I look forward to hearing the Minister’s comments. I will be happy if she restricts herself to commenting on the Bill, rather than my shopping habits. I thank hon. Members for their help in drafting the clause and for their support.

[Mr Gerry Sutcliffe (Bradford South) (Lab)]

I will speak in support of new clause 1 and other new clauses in the group. I refer colleagues to my declaration in the Register of Members’ Financial Interests, which states that I am a trustee of the Responsible Gambling Trust.

I support new clause 1 for the reasons set out so ably by the hon. Member for Rochford and Southend East (James Duddridge). The Culture, Media and Sport Committee discovered that the Gambling Act 2005 had been the first piece of legislation on this matter for more than 40 years. It was controversial to say the least. The provisions on the casino industry were messed about with a bit in the final stages of the passage of that Act. I have always felt that there has been a problem with how casinos have been treated. The former Minister for Sport, Richard Caborn, admitted in evidence to the Select Committee that we did not get everything quite right in the casino legislation. That was a brave thing for him to say, but he was right.

As the hon. Member for Rochford and Southend East has said, we are unlikely to see another gambling Bill in the next two years or even longer. It has taken three years for this small Bill to reach this stage. Although I accept that the Government do not want to widen the Bill’s remit, it is important to put things right that have been wrong. The Government want better regulation and to help businesses to create more jobs. The hon. Gentleman was right to point to the impact that the casino industry and the gambling industry in general have on the economy and on jobs. Gambling is an important industry, but it attracts unwelcome attention from the likes of the Daily Mail, who do not want to see people enjoying gambling. Gambling is an integral part of our way of life. One need only look at the people who bet on the national lottery and at how people enjoy horse racing and sports betting in general.

New clause 1 sets out what needs to happen in casinos. Casinos are the most regulated and, I would argue, the safest environments in the gambling sector. I hope that the all-party support for new clause 1 will give the Minister some cover in arguing elsewhere that it is important to put this anomaly right. The hon. Member for Rochford and Southend East said that we might not press the new clause today, but there is a strong feeling among Members that something must happen during the passage of the Bill. That is a strong message for the Minister. I hope that she will hear it and support the proposal. We look forward to hearing what she has to say about the timetable of meetings that she will have with the casino industry and what she intends to do during the passage of the Bill through the other place.

I will briefly mention some of the other new clauses. The purpose of the Bill is consumer protection. I fully agree that it is important that there is consumer protection. There is a school of thought which says that the Bill is about raising tax revenues. I hope that that is not the case. I know that the hon. Member for Shipley (Philip Davies) will speak about tax revenues and what would be a fair rate of tax.

There is an important relationship between sports and the betting industry. That is why I support new clause 5, which was tabled by my hon. Friend the Member for Eltham (Clive Efford). It relates to the reporting of suspicious activity and the power to obtain financial information. The relationship between sports and gambling is unique. The problem is that there is no sports betting right. Sports governing bodies have no control over the bets that gambling companies offer on their sports. For instance, in football, there might be betting on the number of times the ball goes out of play or on the number of corners. The concern is that such bets can lead to match fixing and betting irregularities. The Government need to consider this issue, with regard to the scandals in cricket and football that have emerged in recent months and years.

New clause 7 relates to dormant accounts. The Minister heard people’s feelings on that matter loudly and clearly in Committee. There is money on the table that could go into sports or into research, education and treatment. I look forward to hearing what she has to say about that.

I also wish to consider the advertising watershed. I was the Minister responsible for introducing the clauses on advertising and advice about betting and gambling, and our view was that such advertising would be shown around horse races and sports matches. We did not envisage so much advertising for sports betting before the 9 pm watershed. As I said in Committee, I am a big fan of Ray Winstone, but he almost pressures people into betting in those adverts. There is a need to consider advertising in terms of the watershed and gambling, as in new clause 9.

13:00

Perhaps the most important provisions for the sector are new clauses 10 and 11 on the horserace betting levy, and the British Horseracing Authority is keen to ensure that we address that issue in the Bill. I was impressed that both sides of the equation—the betting and horse racing industries—came together, and we have a new four-year arrangement on the levy. However, when the Bill is enacted it will be a nonsense if people offshore do not contribute to that levy, and it is important to pursue that issue. Now that there is an agreement for the next four years, there will be a tendency to put the issue to one side, but I think that would be a grave mistake for both racing and betting. We have an important opportunity to try and put things right, and those who are offshore should certainly contribute to the horserace betting levy when they come onshore. That levy maintains support for the horse racing industry, which is important to many Members of the House, whether they have a race course in their constituency or are involved in promoting horse racing through a variety of support mechanisms.

The all-party racing and bloodstock industries group recently visited Wincanton and looked at the yard of Paul Nicholls, a race horse trainer. We saw the impact of racing on that local community. Not only were the horses being trained by a well-respected trainer, there were other jobs supporting the horse, and veterinary surgeons. That is why the horserace betting levy is important and should be supported.

I have experienced the frustrations in negotiations between both sides, but I urge the Minister to consider the issue because it is important for the industry to move forward in the knowledge that it will get the money it deserves. As I understand it, even if the Bill is enacted, contributors will not contribute until the end of December next year, so there is an opportunity to ensure that the levy is updated and supported by those who need to contribute, to ensure that racing can move forward.

I think this is an excellent Bill and we considered each clause appropriately in Committee. There is cross-party support for new clause 1, and I hope the Minister will accommodate requests for that in support of the casino industry. As the hon. Member for Rochford and Southend East said, this is not about promoting more gambling or being irresponsible. The industry takes its responsibilities seriously, which is why more than £5 million has been raised for the Responsible Gambling Trust for research, education and treatment. It is important that such work continues, but those in the industry are getting frustrated by regulations that seem to hit them hardest, even though they are perhaps the ones that protect gamblers the most. I hope we can support the new clauses before the House, and I wish the Bill well.

[Philip Davies (Shipley) (Con)]

As ever, it is a pleasure to follow the hon. Member for Bradford South (Mr Sutcliffe) who, as people have said, is an expert in these matters and did an excellent job when he was the Minister responsible for them. I agree with his comments about new clause 1, although I think he was characteristically —and perhaps unnecessarily—generous to his Front-Bench colleague, the hon. Member for Eltham (Clive Efford), about his new clauses.

Before I go any further I refer Members to my entry in the Register of Members’ Financial Interests. I congratulate my hon. Friend the Member for Rochford and Southend East (James Duddridge) on new clause 1, which is absolutely spot on and follows the conclusions we reached in the Culture, Media and Sport Committee during pre-legislative scrutiny. His point about the clear anomaly in this area is right. It seems ridiculous that somebody can play on a tablet or remote machine three paces outside the door of a casino, but is not allowed to do so three paces inside that door. It is about time legislation in that area caught up with modern technology. We cannot allow the law to be so behind the times; some of us may be considered luddites, but the law should not exist to protect luddites in such a way.

[Paul Farrelly]

Before the hon. Gentleman goes on to being under-generous to the shadow Minister, does he agree that throughout this debate, the Government have yet to give a reason for why they are rejecting a provision such as new clause 1 to remove that anomaly?

[Philip Davies]

I agree with the hon. Gentleman; he is absolutely right and I am sure we all look forward to the Minister’s response. I hope we can look forward to hearing her accept new clause 1. It seems that Governments often refuse to accept amendments and new clauses simply because they have been tabled by a Back Bencher rather than the Government. It would be to the Government’s credit if they were to accept that the new clause is sensible and has cross-party support and support from the Select Committee that scrutinised it. The new clause does not add a great deal of complexity to the Bill; it is fairly straightforward and would be easy to implement. When the Minister responds, I hope she will say that she has listened to the argument and realised that we should pursue this sensible measure.

[Mr Nuttall]

I am grateful to my hon. Friend for giving way on that point. Clause 5 provides that

“Section 1(4) to (7)…come into force on the day on which this Act is passed…The other provisions of this Act come into force”

on whatever day the Secretary of State determines by way of statutory instrument. Does my hon. Friend agree that there is therefore no reason why the new clause could not be inserted in the Bill and the Secretary of State could trigger it at some point in the future?

[Philip Davies]

My hon. Friend is right and if the Minister felt it necessary, she would be able to do that. The other point that has been well made is that we are not likely to have another suitable Bill in the foreseeable future to deal with this issue. To be honest, it would be unacceptable for the Minister simply to give the House some warm words and agree to look into it at some future date, as that would, in effect, be kicking it into the long grass for an indeterminate time. If we are going to implement this measure, as seems sensible, there seems to be no reason why we cannot just crack on and do it now. I support new clause 1, and if the Minister will not accept it, I encourage my hon. Friend the Member for Rochford and Southend East to push it to a vote. I think he will see that the new clause finds a great deal of favour in the House, although I hope it does not come to that.

The next group of new clauses are tabled by the hon. Member for Eltham and I consider them a combination of the unnecessary and the undesirable. I will attempt a quick canter round the course for each of them. I do not intend to delay proceedings for long, but it is worth setting out why I would not agree to any of the new clauses, and why I hope that the Minister will follow suit.

New clause 2 on licence, compliance, stipulations and control of spread betting seems completely unnecessary, and I hope the Minister will reject it on those grounds. New clause 3 has an interesting idea about ensuring there is a kitemark on all licensed and legitimate websites. I understand why some might think that idea superficially attractive, but my view is that the new clause is completely pointless. A kitemark does not attract people to a particular gambling website or company—it tends to be the odds being offered that attract people to those websites or companies. I admire the naivety, I suppose, of the shadow Minister who thinks that if we put a kitemark on the bottom of every licensed website, every punter in the country will ignore all better odds available and just bet blindly because of the kitemark. It would be nice if the world worked that way, but that is cloud cuckoo land. It is completely naive and unnecessary.

New clause 4 concerns remote gambling licensees, customer protection and making sure licensees participate in a programme of research into and treatment of problem gambling. I do not have a problem with that; it is quite desirable that all of those companies participate in providing finance to research problem gambling and to provide treatment. The issue with the new clause putting that into statute is that it is already happening on a voluntary basis by the gambling industry. The hon. Member for Bradford South knows all about this because he was involved in it.

[Mr Sutcliffe]

The hon. Gentleman is quite right that this would provide statutory underpinning. One of the difficulties is that it is a voluntary arrangement. A large percentage of the companies contribute, but there are a few notable exceptions. One thing that might flow from the clause is that the Minister might be able to support the Responsible Gambling Trust in getting those companies that do not contribute to do so.

[Philip Davies]

I take his point and, as Minister, he basically got the gambling companies to agree to the voluntary levy, which raises around £5 million or £6 million a year. It was he who said that if they did not do it voluntarily, he would legislate to ensure that they did it. How voluntary that would have made it is a different matter; we can debate the definition of “voluntary”. The upshot is that the companies are doing this and are doing so on a voluntary basis. The hon. Gentleman is absolutely right; not every single gambling company contributes and it relies on some of the larger ones—such as Ladbrokes and William Hill—to make what might be considered a disproportionate contribution to raise the required amount. But the money that is being requested is being raised each year. We do not really need new clause 4; the money that people are seeking, properly, for the treatment of problem gamblers and research into problem gambling is already being raised. New clause 4 is unnecessary. If the money were not being raised, I could see the point.

[Dame Angela Watkinson (Hornchurch and Upminster) (Con)]

Does my hon. Friend agree that the percentage of gamblers who could be called “problem gamblers” is very small? It is important that they have the proper treatment and that establishments are aware of the problem and have active policies. However, the vast majority of gamblers are controlled.

[Philip Davies]

My hon. Friend is absolutely right. The proportion of gamblers who are problem gamblers is 0.9 per cent, according to the latest research. Obviously it is right that anyone who has an addiction to or a problem with gambling has treatment made available to them to try to help them. That is what we should be focusing on and the gambling industry is contributing to ensure that that is the case. It is a small number, but that does not detract from the problems it causes for those individuals and their families. That is why it is right that that finance is provided.

The gambling industry provides finance to people who have a problem with gambling in a way that other industries do not; for example, for alcoholics or for people with an addition to tobacco. I do not notice the cream cake industry producing a voluntary levy to deal with the problem of obesity. The gambling industry, to its credit, does make this contribution and we should recognise that it does, even if it is for a small number of people.

New clause 5 is about the reporting of suspicious activities and the power to obtain financial information by the Gambling Commission. I do not think that this is necessary. As far as I am aware from all the evidence that we have had from the Gambling Commission, it gets the information that it requests from gambling companies, so I do not see that there is a problem. It seems to be a solution looking for a problem. I have not heard evidence from the Gambling Commission that it has not been able to access the relevant information from the people that it regulates and licences.

On the issue of match fixing and sports betting there are two points that make the new clause undesirable as well. The first thing, which never comes out, is that bookmakers are the victims of match fixing, not the cause of it. It is usually people involved in a particular sport, or referees or umpires, who conspire in effect to defraud bookmakers. On the principle that the polluter should pay, it seems bizarre to say that the bookmakers are being ripped off by people involved in sport and that we should therefore penalise bookmakers for being the victims of the crime. The people who should be paying to clean up their sports are the sports. It is the participants, umpires or referees who are causing the problem and causing a cost to the bookmaker.

[Mr Sutcliffe]

I am with the hon. Gentleman most of the way, but part of the problem is that the sports are not in control of the types of bet that can be put on their sport. That is how players—particularly young players—can be corrupted. There is an issue in terms of the relationship between betting and sports and it would be better if the sports had control over what could be bet upon.

[Philip Davies]

I never like disagreeing with the hon. Gentleman, not least because he is a constituent of mine and it might jeopardise my chances of him voting for me at the next election. But to say that bookmakers offer products that therefore encourage sportsmen to fix matches is like blaming retailers for shoplifting by putting products on display. It is a bizarre way of looking at things and it is certainly not the way I look at it.

The other point on match fixing—for example, all the issues recently in cricket, with no-balls being bowled and issues related to the Pakistan team—is that much of the money gambled was not with legitimate bookmakers in the UK but with illegal bookmakers in the far east. All the proposals in new clause 5 will not make a blind bit of difference because much of the activity is not taking place with legitimate bookmakers. It is completely pointless and I hope for that reason the Minister will reject it.

New clauses 6, 7 and 9 in effect ask the Government to legislate to be able to consult on something. It seems bizarre that we would put into law a requirement on the Government to consult. The Government can consult on all these issues without legislating to do so. I suspect that, as all these issues are important, the Minister will be consulting the industry and others on an ongoing basis. It is rather bizarre that these new clauses should seek to put into a Bill a statutory obligation for the Minister to consult. If we started going down that line and placing in Acts of Parliament requirements on Ministers to consult, legislation would look very bizarre in this place. I hope that my hon. Friend the Minister will reject all those new clauses, too.

It is sad that the Labour party is once again resorting to its nanny state instincts on the advertising watershed. This ludicrous idea of a watershed for advertising is a complete nonsense particularly when children are not even allowed to gamble. If the issue is that children are gambling, the best way to deal with it is to enforce the existing law that prevents children from gambling. I am wholly opposed to children gambling. I am one of the few Members who believe that it is wrong for 16-year-olds to play the national lottery; I think it should not be played until people are 18, which is the right age for people to be allowed to gamble. If the issue that the hon. Member for Eltham is trying to address is one of children gambling, we should make sure that the law as it stands is enforced.

I have heard the argument that we need to deal with “marketing grooming”—the idea that people are subjected to adverts when they are very young, so that when they become adults, they are addicted to the product before they have even started. I used to work in marketing for Asda, and the idea that any company would spend its marketing budget to try to get a new customer eight years down the line is one of the most ridiculous things I have ever heard in my entire life. I would like to meet anyone working for any marketing department that has that as its strategy, as I have never encountered any such person. Most business organisations cannot see beyond the end of their nose; they certainly cannot see beyond the end of the financial year in which they are operating. The idea that they would use marketing on TV to boost their sales in five or eight years’ time is absolutely ridiculous. New clause 9, therefore, is not only unnecessary; it is completely ridiculous.

New clauses 10 and 11 relate to a horse racing levy. I spoke on that on Second Reading, but given that most of my speeches—or probably all of them—are not memorable, I will briefly repeat for the benefit of Members why I think these provisions are unnecessary. First, I think the Minister will confirm that extending the Bill to include a levy would introduce a legal problem, or certainly a complication, that might scupper the Bill in its entirety. It is not worth risking the Bill as a whole to introduce the levy.

As I mentioned on Second Reading, it seems to me as an onlooker that what tends to happen if any Government have to determine the levy—let us hope that we keep the current position of an agreement being reached between bookmakers and the racing industry without the intervention of Ministers—is that they look to produce a certain figure that they think should be raised by the gambling industry to pay towards the levy. Most Ministers would think £75 million was a roughly appropriate sum. The formula for the levy is then worked out to generate the £75 that the Government think should go to the industry.

All that will happen by forcing through these new clauses is that the Government will still come to the conclusion that the gambling industry should pay about £75 million, and will adjust the formula accordingly to make sure that that amount is raised in this way rather than in another way. The new clauses are completely unnecessary and I do not think they will generate an extra penny piece for racing and the racing industry. To risk legally scuppering the whole Bill to put in a provision that will not make any difference is pointless.

[Mr Sutcliffe]

Will the hon. Gentleman go through what he believes the legal impediments are? If he is referring to the European Union, it appears that the French have overcome any problems emanating from that. Is he arguing that the advice of the DCMS lawyers is inappropriate?

[Philip Davies]

As the hon. Gentleman knows, I am no lawyer and no legal expert. I am regurgitating the Government’s position when they said that this might cause a legal problem. We have seen in the past how legal decisions taken by the European Court of Justice on gambling issues related to the levy came as a great surprise to all concerned at the time. We are not in a position to be clear about what the result of any legal challenge would be. All we could be clear about is that there would be a legal challenge, at which point the result would become uncertain. I do not see any great gain—to be honest, I do not see any gain—in precipitating such a legal challenge. For that reason, I hope that new clauses 10 and 11 will be rejected.

New clause 12 is about financial blocking for illegal sites. Superficially, it seems attractive that measures should be taken to try to stop people gambling through sites that are not properly licensed or illegal. The problem with new clause 12, however, is that other countries have shown that financial blocking does not work. Other countries have tried to restrict online gambling and tried to make licences available only to a few operators, but this has failed in every single country that has tried it. It fails because there are ways around financial blocking—by using PayPal and other methods, for example, which cannot be blocked by the banks. It does not work. New clause 12 is well meaning, and I understand why the shadow Minister wishes to pursue it, but it is pointless because it simply will not work.

New clause 13—the last of the new clauses proposed by the hon. Member for Eltham—is also unnecessary, so I hope that the Minister will reject all the shadow Minister’s new clauses. Although I do not doubt his motives in bringing them forward—the motives are good—I think that they are either unnecessary or undesirable.

New clause 14 was tabled by the hon. Member for Strangford (Jim Shannon), who represents the Democratic Unionist party. Again, I think it has much to commend it on a superficial level and I understand exactly what he is trying to do and why he is trying to do it. Again, too, the motives are very good. I doubt whether many people would disagree with the principle of what is suggested. The hon. Gentleman wants to make sure that there is a register of people who should be self-excluded. The self-exclusion is done through the Gambling Commission and would then apply to every operator who had a licence with it. If someone is self-excluded once, they are self-excluded with everybody. We would like to get to that scenario.

The problem with putting this provision into statute is that it will put many gambling operators in a very difficult position. Once someone who has self-excluded goes on to gamble, the gambling operator would be breaking the law, but the new clause does not provide for a sufficient “due diligence defence”. If someone self-excludes and tries to use different names, different addresses, different bank accounts and slips through the net in that way, my worry would be that, through no fault of their own, they will be in breach of the law.

If we are to go down the line of the new clause—as I say, I have no problem with the principle and view it as a desirable outcome for someone self-excluded from one operator to be self-excluded across the industry—without some kind of due diligence defence, it could put gambling operators in an impossible position. We would be asking them to do something that would be impossible to achieve if someone were determined to get round it. Perhaps the other place could consider the problem and I would be happy for the Minister to look further at it. As the new clause stands, however, I cannot support it.

I would like to think that, unusually for me, my amendment 1 is non-controversial and could easily be accepted by the whole House. It simply requests:

“The Secretary of State shall publish a report to Parliament one year after the commencement of this Act, and annually thereafter, on the enforcement activity of the Gambling Commission in respect of unlicensed operators attempting to provide facilities for gambling in the UK.”

One of my concerns about the Bill—certainly one I expressed on Second Reading—is that it might lead to an increase in the number of people gambling with unlicensed operators, with the tax bill encouraging some companies to go outside of the licensing regime. The Treasury forecast of how much tax will be collected—about 20%—seems to confirm the danger that 20% of gambling will take place with unlicensed operators. If we are to go down the route suggested by the Bill, we need to focus the Gambling Commission’s attention on stopping gambling with unlicensed operators.

[Justin Tomlinson (North Swindon) (Con)]

May I suggest to my hon. Friend—who is making a characteristically powerful speech—that it is a question not just of tax, but of advancing technology? Who would have thought, a few years ago, that there would be such a big growth in online gambling? There will always be something new coming forward, and this just helps to sharpen the mind.

13:30

[Philip Davies]

I agree with my hon. Friend, and I take it from what he has said that he agrees with my amendment. The fear has been expressed, both in the Treasury’s forecast and during the debate, that the number of people gambling with unlicensed operators could increase. I therefore think it only right for the Government to present a report to the House once a year—it need not be an oral report; it could be in written form—to update us on what the Gambling Commission has been doing and how successful it has been, so that we can decide whether it is dealing properly with a problem that we all fear may arise.

[Paul Farrelly]

The hon. Gentleman said that the report need not be in written form, but the amendment says:

“The Secretary of State shall publish a report to Parliament”.

That implies that it should indeed be a written report. Will the hon. Gentleman provide some guidance for the Government and the Gambling Commission by saying a few words about what he expects to be its form and content?

[Philip Davies]

I think that the hon. Gentleman misheard me. I actually said that the report need not be oral, and could be written. The amendment is worded as it is because otherwise there could simply be a written report with no accompanying oral statement.

I should like the Gambling Commission to explain, in its own words, exactly what actions it has taken to try to close down unlicensed operators in order to prevent people from gambling with them; to update us on how successful it has been; and to give us an idea of how big the issue remains each year. That will enable us to decide whether the legislation that we have passed has succeeded, or whether we need to revisit it. If we are to proceed with the Bill, all of us will want to ensure that people gamble only with properly licensed legal operators, and any measure that focuses the minds of the Gambling Commission and the Government on that can only be a good thing.

[Paul Farrelly]

Does the hon. Gentleman think it advisable for the Gambling Commission to give us an annual running commentary on its estimate of the percentage of the market that is captured by licensed operators and the percentage that is lost to unlicensed operators? That might help the Treasury to determine the amount of the necessary tax levy, which will clearly be crucial in the context of how much of the gambling market is captured by licensed operators in the future.

[Philip Davies]

I am not entirely sure whether an annual report constitutes a “running commentary”, but if it does, then yes, I do want a running commentary on the steps that the Gambling Commission is taking, how effective those steps are proving to be, and how big the market is. Only if we know that will we know whether the Bill has been successful or whether we need to change it in some way.

When I table an amendment, I can often understand why the Government would not accept it, but I genuinely cannot understand why they would not accept this amendment, which is modest and which goes to the heart of some of the concerns that have been expressed about the Bill. On that basis, I hope that the Minister will accept my amendment and new clause 1, but will reject the new clauses tabled by Opposition Members.

[Jim Shannon (Strangford) (DUP)]

I am very pleased to have an opportunity to speak about new clause 14, and, indeed, about the other new clauses.

Some Members have suggested that the Government’s basic objective is to close a tax loophole that led numerous online gambling companies to relocate from the United Kingdom to white-listed or European economic area jurisdictions back in 2007. However, the Government have made clear that that is not the case, arguing that the Bill is actually all about consumer protection, and I am very pleased that they are focusing on that issue.

On the face of it, the Bill requires all online gambling providers that are located beyond the UK but are accessed by the UK market to have UK licences. That too is good news, but it seems to me that the Government’s good intention breaks down on two bases. It is all very well to have good intentions, but those good intentions must be translated into specific rules and legislation if we are to help problem gamblers, who are vulnerable people. I had the impression in Committee that both Government and Opposition were in favour of that, and I therefore think that all Members should feel able to support new clause 14.

First, as has been said in earlier debates, although the Bill presents companies outside the UK with a carrot in the form of the offer of advertising, it does not provide any kind of stick. There is nothing to prevent companies without licences from continuing to access the UK market; they just cannot advertise. That first failing feeds directly into the second. If there is nothing to prevent companies without licences from accessing the UK market, the primary practical implication of the Bill will be that there is more advertising for online gambling, which has increased hugely in recent years in any event. There is a risk that a Bill that was supposed to be about better consumer protection will quickly become, to a significant extent, the “Liberalisation of Gambling Advertising Bill”, although I am sure that that is not the intention.

The prospect of further advertising liberalisation for online gambling is particularly worrying, because online gambling has one of the highest “problem prevalence” figures. To understand the basis for public concern about that prospect, we need to have an understanding of the very real issue of problem gambling, which is a profoundly destructive addiction that ruins lives and, on occasion, ends in suicide. According to the gambling prevalence survey of 2010, there are approximately 450,000 problem gamblers in the UK today. However, if we are to understand that problem fully, we must remember that no man—or woman—is an island, and that each of those people is likely to be connected to family members who feel the destructive impact of problem gambling on their lives as well. Problem gambling goes beyond the problem gamblers themselves; it affects their families too, which means that the 450,000 figure can quickly increase to some 2 million.

In Committee, the hon. Member for Bradford South (Mr Sutcliffe) expressed concern about those with gambling addictions, and suggested that the Secretary of State for Health should look into the possibility of money from the gambling profession being set aside to help people with addictions. I am sure that many of us agree with that valuable suggestion, which served as another indication of the concern about the Bill that was felt by all members of the Committee. When we focus on remote gambling, we discover that while the average problem prevalence figure is 0.9%, the figure relating to online slot machines is over 9%. On a monthly basis, it shoots up even further, to over 17%. That problem will continue unless we establish robust legislation to deal with it.

Before the Bill was published, concern had already been expressed about discrimination in the provision of less credible care for online problem gamblers than for terrestrial online gamblers with respect to “self-exclusion”, which is one of the key measures to help problem gamblers. Problem gamblers have the option of going to a gambling provider and excluding themselves from the services of that provider for a fixed period such as six months. That works in practice, because, as with other addictions, while people have weak days, they also have strong days. On a strong day, problem gamblers will be able to get around the five betting shops in their town to exclude themselves and thus ensure that they are protected from accessing gambling from the place where they live for a full six months, during which time they can build up their defences, obtain help, and decide what they want to do when the self-imposed period of exclusion ends.

What is the problem with that? The key problem is that, while in an offline context there is a credible opportunity for problem gamblers to benefit from a key tool that has been developed for them, there is no such credible opportunity online. As I have said, it is quite possible for a problem gambler to self-exclude from all five betting shops in his town on a strong day, but the same is not true online. The problem gambler could self-exclude from five online gambling sites that he can access from his or her bedroom, but could still have access to hundreds of other sites from that bedroom. It would be physically impossible for the online gambler to self-exclude from all online gambling opportunities that are accessible to him in his bedroom.

In short, we offer the offline problem gambler a credible form of protection through self-exclusion, but deny it to the online gambler. I believe that that anomaly must be addressed, because it is not just at a time when providing a credible one-stop shop is technologically possible. A one-stop shop self-exclusion mechanism, as set out in new clause 14, would mean that people have only to self-exclude from online gambling once by registering with the Gambling Commission. The commission would keep a list of all those who had self-excluded, and all those in receipt of an online gambling licence from the commission would be required to respect the list. This idea, which has been backed by many academics, was discussed in Committee, but is worth repeating today.

Dr Sally Gainsbury, author of “Internet Gambling: Current Research Findings and Implications”, published by Springer in its SpringerBriefs in Behavioral Medicine, series 2012, states that “a significant limitation” of self-exclusion

“is the lack of collaboration between different online gambling sites and venues, so that excluded individuals may find it easy to gamble at another site or venue.”

She argues that the technology is available and points to its feasibility, particularly in the UK, owing to the current existing licensing conditions and code of conduct upheld by the Gambling Commission. In demonstrating that the provision of a one-stop shop facility is technologically possible, Dr Gainsbury highlights a program called VeriPlay.com, developed by Bet Buddy, which allows the secure exchange of anonymous data and has been successful in some parts of the world.

The hon. Member for Shipley (Philip Davies) referred to due diligence and the support across the House on this subject. I believe we have to start somewhere, and we should start here today. The bones might come from the House of Lords, but new clause 14 would give this House the opportunity to decide in what direction we want to go, and if we want to go in the direction of helping these problem gamblers and vulnerable people, new clause 14 would be a step in the right direction. The Bet Buddy system enables operators to check whether someone is on a centralised list of players who have self-excluded. Dr Gainsbury argues that collaborative efforts would help strengthen self-exclusion, and research presented to the Canadian-based Responsible Gambling Council in 2011 by British-based GamCare and the university of Salford, along with Bet Buddy, endorsed the proposal—further examples of support from within the gambling sector and also, I hope, from the Gambling Commission.

The arguments I have made for a one-stop shop in terms of non-discrimination hold at the moment, but with the proposal in the Bill to make people in the UK—and therefore problem gamblers in the UK—more aware of online gambling opportunities, the failure to provide a credible model of self-exclusion for those gambling online becomes much more serious. We already effectively discriminate against online problem gamblers in the care that we offer by providing them with a far weaker self-exclusion opportunity than that afforded to other problem gamblers. The Bill not only gives us an opportunity to put that right, but massively compounds the imperative for us to do so by introducing new arrangements that will make problem gamblers more aware of online gambling opportunities.

Given that online problem gambling has one of the higher problem prevalence figures, that one of the key accepted tools to help problem gamblers—self-exclusion —does not work as effectively online as it does in a terrestrial context, and that it is technologically possible to make good this shortcoming through the provision of a one-stop shop self-exclusion mechanism, the only possible reason for inaction can be a lack of political will within the House. I am sure that that is not the case. Given that we are proposing to make life even more difficult for online problem gamblers by making them more aware of online gambling opportunities and that we have the opportunity to introduce new compensatory measures to help them, a failure to act could only be the result of a terrible failure of moral will. Why is there a political and moral will to address online safety challenges in other contexts, but not in this context? Given that doing so would help thousands of online problem gamblers, what possible justification can there be for not backing new clause 14 as a step in that direction?

13:45

When this issue was discussed in Committee, the Minister’s response seemed to be twofold. First, she said that the matter was “complicated”, and secondly she said the industry was working hard and that she wanted to give it more time. First, I know it is complicated —online regulation is complicated—but it is also technologically possible, for the reasons I have explained. The question is not whether it is complicated, but whether we care about, and can we be bothered to help, the thousands of problem gamblers in this country and their families whose lives are being ruined by online gambling and to whom we currently do not afford the same protections as terrestrial gamblers. Like others Members, I see people in my surgeries who have addictions, whether it be to alcohol, gambling or something else. Whenever someone takes a stand and says, “I’ve got a problem”, that is the first stage, but they cannot beat it on their own; they need help, and all of us—Government bodies and ourselves—have to gather around and help. That is what I am trying to do with new clause 14.

Secondly, what is the industry doing specifically about a one-stop shop for self-exclusion? That is a direct question to the Minister. I am not aware of any one-stop shop initiatives, so I would be delighted if she could tell me of some. At the end of the day, our response to new clause 14 will depend simply on whether we care about online problem gamblers, with their higher online problem prevalence figure—about the fact that they are currently denied access to a form of self-exclusion that is as robust as terrestrial self-exclusion, and that the Bill proposes to make them more aware of online gambling opportunities. If we care, mindful of the technological possibility of what new clause 14 proposes, we should find the political will and make it happen, as we have in other efforts to promote online safety. If we do not care, we will make excuses and move on. I hope the Government will support the new clause, and I look forward to the Minister’s response. I intend to press new clause 14 to a vote.

[Mr Leech]

I am grateful for the opportunity to speak in this debate and would like to make some brief points about several new clauses, particularly new clause 1, which stands in my name and that of the hon. Member for Rochford and Southend East (James Duddridge) and colleagues from the Culture, Media and Sport Committee.

One of the recommendations of our Select Committee’s pre-legislative scrutiny was to allow British casinos to offer their online gaming products on their premises. It is nonsense that people can play on remote internet sites using mobile phones or other mobile devices in their own homes or anywhere else, while a casino may advertise its own online products in the casino but is not allowed to make customers aware that the product is available from an internet-linked computer inside the casino or to advertise its online sites on or around an internet-linked computer. Given that casinos have the most rigorously controlled premises, it is absurd that that anomaly remains.

New clause 1, in the name of the hon. Member for Rochford and Southend East, would make it clear that a remote gambling terminal provided in a casino was not a gaming machine and would give powers to the Secretary of State to regulate the number of remote machines allowable in a casino. On Second Reading, the Minister argued that the proposed change would undermine existing regulatory controls on gaming machine provisions, but the new clause would ensure that the effective size of the virtual part of the casino remained controlled, while giving added protections to customers gambling online in the casino environment. I understand why the Government might be reluctant to support the new clause, because there is a danger that casinos could be encouraged to promote the online sections of their casino at the expense of the bricks and mortar parts simply to reduce their tax, so the new clause must go hand in hand with the introduction of a tax regime that creates a level playing field for the onshore gambling industry.

I would like also to speak briefly to amendment 1, which stands in the name of my Select Committee colleague, the hon. Member for Shipley (Philip Davies). Given his comments and line of questioning to the Gambling Commission in Committee, Members could be forgiven for thinking that he was trying to cause a little mischief with this amendment, but I am sure that that was not the case. In fact, there is a lot of sense in ensuring that Parliament receives some feedback from the commission on how successful enforcement action has been and whether additional measures, perhaps along the lines of new clause 12, which stands in the name of the hon. Member for Eltham (Clive Efford), might be required to avoid a proliferation of gambling on unlicensed sites. I hope the Minister will be able to reassure the House that we will be updated on the effectiveness of enforcement. Will she tell us how that is to be achieved if it is not to be specifically covered in the Bill?

On new clause 3, there is some sense in making customers aware of whether a site is licensed or not. The hon. Member for Shipley was rather uncharitable in describing the shadow Minister as naive in proposing the new clause. I agree that punters are likely to be looking for odds rather than for a kitemark when deciding whether to place a bet, but from a consumer protection perspective, it is preferable that customers go into this with their eyes open, and that they know whether they will be covered by the protection provided by a licensed operator or whether they are running the risk of not getting a pay-out from some dodgy unlicensed operator. Will the Minister tell us how she will ensure that customers will be made aware of whether an operator is licensed by the Gambling Commission?

On new clause 7, the Minister will be aware that my right hon. Friend the Member for Bath (Mr Foster) produced a report for the Government on dormant accounts. Following that report, what action do the Government plan to take on dormant accounts and on the potential for using the money in them for the benefit of the gambling public?

[Robert Neill]

I do not have the same degree of hands-on experience of the gambling industry as some hon. Members who have spoken—unless we count my past part-ownership of a greyhound, which offered little financial success but a certain amount of entertainment value. I support new clause 1, tabled by my hon. Friend the Member for Rochford and Southend East (James Duddridge) and others. He has made the case for it very powerfully, and I hope that the Government will take it on board. He and I have been known to shop in the same establishments and outlets, but I can assure the House that we are not advocating a one-size-fits-all policy. I hope that the Minister will take the new clause on board.

The hon. Member for Bradford South (Mr Sutcliffe) has pointed out that we are unlikely to get another legislative opportunity to adopt this provision. During my two and a half years as a Minister at the equivalent level of the Under-Secretary of State for Culture, Media and Sport, my hon. Friend the Member for Maidstone and The Weald (Mrs Grant), I was repeatedly told by my advisers in the civil service that although this or that measure was a good idea, there was no legislative vehicle with which to achieve it. Good, sensible reforms can often miss the bus owing to the lack of such a vehicle, and I merely point out to the Minister that we have a bus available here and it would be sensible to make use of it.

[Clive Efford (Eltham) (Lab)]

I echo what the hon. Gentleman is saying. In that spirit, does he agree that we should take this legislative opportunity to adopt the amendments on the horseracing levy?

[Robert Neill]

I understand the hon. Gentleman’s point, and I have some sympathy with his argument. There might be other ways of achieving his aims, however, and I hope that the Minister will touch on them when she responds to the debate.

I pointed out in an earlier intervention that new clause 1 would be consistent with Government policy on alcohol. Alcohol and gambling are lawful, enjoyable activities but, because they can hold some risk for certain vulnerable people, society accepts that it is reasonable that they should be used or engaged in under certain controls and in controlled environments. Throughout my time as pubs Minister, I actively promoted the value of the public house as a safe place in which to enjoy alcohol. My hon. Friend’s new clause adopts the same principle; if someone is gambling using a tablet, a casino will offer a more controlled environment in which to do so than their home. I hope that the Minister will reflect on that point.

New clause 13 has been tabled by the hon. Member for Eltham (Clive Efford). I am not sure that its format provides the answer, but I hope that the Minister will reflect on the serious issue that the hon. Gentleman raises. A great deal of offshore gambling that is currently regulated by the white-listed countries will move back into the UK jurisdiction and the UK’s Gambling Commission will have responsibility for it. We need to ensure that there is no diminution in the standards of consumer protection or of any other aspects of regulation. Is the Minister satisfied that the Gambling Commission has the capacity, resources and expertise effectively to carry out the greater degree of regulation that will be required of it under the new arrangements?

Will the Minister also take on board the fact that some of the white-listed jurisdictions—I am thinking particularly of the Alderney gambling commission and that of Gibraltar—have built up a considerable degree of expertise in the fields of public protection, regulation and enforcement? It would be a tragedy if that expertise were lost. What steps will she take to ensure that, if firms migrate from the white-listed jurisdictions to the UK, the Government will work with them to move that expertise across so that it can remain available to protect the interests of the consumer and the taxpayer?

There is concern that a period of dual regulation could exist during the transitional period, during which firms are registered in a white-listed jurisdiction and in the UK. I hope that we can reflect on that fact, perhaps while the Bill is in the other place, and ensure that no confusion arises over who is responsible for what during that time. I urge the Minister to commit to working more closely with the white-listed jurisdictions to ensure that their expertise in this area is not lost.

[Clive Efford]

Notwithstanding the views of the hon. Member for Shipley (Philip Davies), the new clauses and amendments have allowed us to have a wide-ranging debate on gambling, and to explore concerns about this area of regulation. That is only fit and proper. The hon. Gentleman’s amendment 1 is a sensible proposition; I have no objection to his proposal for a report that would give us an opportunity to keep an eye on what was going on. We often pass legislation that simply drifts off into the ether and seldom comes back to us, and we rarely have the chance to see how our work is functioning out there. I therefore welcome his sensible suggestion.

Sadly, I cannot say the same about new clause 1. I will listen carefully to what the Minister says about it, and I entirely respect the views of the Select Committee. I understand its point about the anomaly of someone being able to gamble on a hand-held device outside a casino but unable to do so perhaps only a few paces away inside the building. I have looked at some of the websites and seen the sums of prize money increasing at an alarming rate. Sometimes, total prizes of £8 million are advertised. The proposed change for casinos would therefore represent a very big step. If there is a case for such a change, we should consider it in more detail.

[Mr Sutcliffe]

Has my hon. Friend had a chance to read the briefing from the National Casino Industry Forum? It deals with the way in which casinos would implement and monitor the proposed change, if new clause 1 were to be accepted. It has been stated that our casino industry is the most regulated of the lot, and I would say it is also the safest of the lot. I understand my hon. Friend’s fears about new clause 1, but because of the way in which the industry is regulated and the way in which it protects people with gambling problems, I do not share his concerns.

[Clive Efford]

I have seen that document. I agree with my hon. Friend: the UK gambling industry is highly regulated and highly regarded. I have a great deal of respect for the way in which it conducts its affairs, and I would not suggest for a minute that it would not deal with this new area of the market in a responsible way, were the new clause to be accepted. The proposal does, however, represent a major step forward, because unlimited prizes would be offered on machines—albeit remote gambling machines—inside casinos. We have regulated on that cautiously in the past. If we are to take that step, it would need consideration in separate legislation or a change in the licensing rules, whichever is required. Having looked at these websites, I think that we need to consider the matter further and that it would not be appropriate to take this step in this Bill.

14:00

New clauses 2 and 5 stand in my name and deal with spread betting, the licensing of remote gambling, and compliance. The Gambling Commission needs to have all the weapons it can possibly have at its disposal. New clause 2 would allow the Gambling Commission to take into consideration the performance of an operator that is licensed in the UK in respect of activities that take place outside the Gambling Commission’s jurisdiction. The Gambling Commission could take that significant power unto itself so that it could consider whether that operator is fit and proper to operate in the UK.

I listened to what the hon. Member for Shipley said about spread betting, but I fundamentally disagree with him. There is a gaping anomaly in the current regulations: licence condition 15.1 simply does not apply to spread betting operators. That is a very important area of the regulation, because it requires the operator to share information about any suspicious activity with the national governing body for the relevant sport. This is an important area of activity because it allows the governing bodies to have some influence over how their sport is being policed and what is being done to address things, and to share information where they suspect that fixed betting may be taking place.

New clause 5 is a slight change from the proposal we discussed in Committee—I have changed it out of deference to the hon. Member for Rochford and Southend East (James Duddridge), whose eagle eye spotted a possible defect in the drafting of the earlier proposal. New clause 5 therefore makes specific reference to schedule 6 to the Gambling Act 2005, which defines what a sport’s governing body is and what sports would be covered by this new clause. Schedule 6 defines the governing bodies of sport, national and international, that the Gambling Commission is committed to sharing information with. It also allows for the transfer of betting data and customer information between the Gambling Commission and sports bodies without the need to worry about issues such as data protection. Schedule 6 was updated by the Government ahead of the London Olympics, when the Government did a lot of work in establishing an anti-corruption betting framework and wanted to be able to share information with the International Olympic Committee.

My proposal is supported by a wide range of sports governing bodies. In Committee, the Minister said in response to this issue:

“gambling operators, whether they provide spread betting or fixed odds betting services, should be subject to obligations to report suspicious market activity.”––[Official Report, Gambling (Licensing and Advertising) Public Bill Committee, 19 November 2013; c. 99.]

That is exactly what my new clause would do, so I urge her to reconsider her position. If she is not minded to accept the new clause, will she confirm that there is a timetable for the Financial Conduct Authority to adopt condition 15.1? Will that be done ahead of this Bill reaching the Lords? Will a plan of action be in place so that we can consider exactly what the FCA is doing in this area of licensing, where there appears to be a gap? The Minister also said that she would write to the FCA to follow up on what action it has taken since the sports bodies first wrote to it more than three years ago. Has she yet written and made inquiries? Will she place a copy of the correspondence in the Library?

On the kitemark and new clause 3, I say to the hon. Member for Shipley that if he were to look on the websites, he would have to accept, as the Gambling Commission does, that what is on them at the moment is a mess. We are talking about tiny writing that is confused with a lot of other information at the bottom of the sites. He undersold my new clause, because I was not suggesting that the kitemark should be at the bottom; I suggested it should be in a prominent position at the top of the websites, where people can find it easily. It should not just be a symbol. It will be a tool that will connect people with the Gambling Commission and all sorts of information about what to do if they are not happy with the service they have been provided with; who regulates and on what basis; and how to get help if they have problems with gambling. There will be a link to all other sorts of sites that will assist people. Having a common feature such as a symbol that is used regularly on all websites and that regular punters will recognise will be an important tool for consumers, so I just beg to differ with the hon. Gentleman on that issue.

[Philip Davies]

If these sites are illegal and, as is probable, in some far-flung part of the world, what would prevent people from just putting the kitemark on there themselves?

[Clive Efford]

It would have to be policed, would it not? Like anything else that is happening on the internet, it would have to be policed. The ultimate argument the hon. Gentleman is making is: what is the point in regulating at all? I think we are getting to the root of his position on all these issues.

On research and treatment, the figure of 0.9% has been used a lot. The 2010 gambling prevalence survey identified that for problem gambling in respect of online slots the figure rises to 9%—we are dealing with online gambling here, so we are talking about almost one in 10 and something that is very serious. The overall figure of 0.9% equates to 450,000 people and we should take note of that, because it equates to 700 people per constituency. It is not the insignificant number it may seem when we say 0.9%—we see that when we talk in terms of 700 people per constituency.

[Mr Sutcliffe]

I agree with the point my hon. Friend is making, and nobody would want to underestimate the issues relating to problem gambling. The industry has a voluntary levy and it raises more than £5 million. Is it not the case that the health service provides no budget at all to deal with problem gambling, whereas it does make provision to deal with problem drinkers and those dealing with other addictions?

[Clive Efford]

My hon. Friend is right about that. Of course, a significant duty is levied on alcohol and tobacco, which does contribute towards providing public services, for just the reason he outlines. He rightly says that just about £5.7 million is spent on treatment and research, but the overall value of the gambling industry is about £6 billion. The online gambling industry is worth about £2 billion, so it is not unreasonable to expect that more could be contributed towards the treatment of problem gambling in the future.

I am getting a little bogged down, so I will try to move quickly through my amendments. On self-exclusion, the Minister failed to convince us in Committee that she was going to be robust enough in ensuring that we will deliver a one-stop shop—a single exclusion system right across the gambling industry regulated by the Gambling Commission. We reached a point where I kept asking the same question and I got several evasive answers, so I put my simple question to her again: will she require the Gambling Commission to introduce a single, one-stop shop self-exclusion system across the gambling industry? That is what we are pushing her to do.

When we talk about dormant accounts, we are also talking about bets that are void because the horse did not run, about unclaimed winnings and about the accounts of people who have left money sitting in them for more than a year. That money should be put to use for good causes, such as treatment. I know that an element of it is used in that way, but we do not know how much. [Interruption.] If the hon. Member for Shipley, who is trying to intervene from a sedentary position, were to look at the report written by the right hon. Member for Bath (Mr Foster), he would see how difficult it is to identify how much money there is in those accounts. This is an opportunity for us to deal with that.

We are recommending financial blocking because it should be part of an overall package of measures that the Gambling Commission needs to have at its disposal. Much has been made of the Ofcom report, which concluded that financial blocking, as part of an overall basket of measures, could be an effective means of intervention, and we would certainly recommend that it should be so. Other countries use financial blocking and, taking on board the comments of the hon. Member for Bromley and Chislehurst (Robert Neill), we ask that none of our standards fall below those of other white list countries.

Finally, the horserace betting levy is an extremely important element that we have debated during the passage of the Bill. The horserace betting industry suggests that racing is missing out on £20 million a year that could be made if online remote betting companies were contributing to the betting levy. New clause 10 redefines the definition of a bookmaker in the Betting, Gaming and Lotteries Act 1963 to bring those remote gambling companies into line with the onshore companies that currently pay the levy.

Rather than saying to the Minister here and now that we can pass a system under this Bill that would require everyone to pay the betting levy long into the future, we are suggesting in new clause 11 that there is all-party agreement on the betting levy and that we all accept the principle of it. In fact, several of her hon. Friends have attempted to take a private Member’s Bill through on this specific issue. As we have said before, this is a rare opportunity to legislate in this area, and another such opportunity may be many moons away. In the meantime, the horse racing industry is missing out on vital income. The Minister has an opportunity in the legislation to take reserve powers away, to consult on what would be a long-term acceptable method of raising the horserace betting levy into the future and to come back to the House with her conclusions. It would be the waste of an opportunity not to do that at this time. If she is not minded to set such a timetable for the betting levy, we will put this new clause to the vote.

I hear what the hon. Member for Strangford (Jim Shannon) said about his amendment on self-exclusion and I know that he intends to put it to the vote. If he does, I will urge my hon. Friends to support his amendment as well.

[The Parliamentary Under-Secretary of State for Culture, Media and Sport (Mrs Helen Grant)]

I thank Members for a highly stimulating debate on a wide range of issues including casinos, enforcement, spread betting, consumer protection, dormant accounts, the advertising watershed and, of course, the levy.

I will start with new clause 1, which relates to casinos. We have heard important contributions from my hon. Friends the Members for Rochford and Southend East (James Duddridge), for Shipley (Philip Davies), for Manchester, Withington (Mr Leech), and for Bromley and Chislehurst (Robert Neill) and the hon. Member for Bradford South (Mr Sutcliffe). Members will not be surprised to hear that I have had several iPhones waved at me recently, with the implication that such devices can be played on trains and in bedrooms, so why not in casinos? Let me make it clear, those devices can be played in casinos, and can indeed be offered by casinos to customers but within the limits of the machine stakes and prize regulations.

14:15

This debate is about the ability of casinos to promote and encourage the use of such devices—including their own—outside of those controls. It is because we are talking about promotion and encouragement to play such games in casinos that I remain firmly of the opinion that it is right to consider potential flexibility within the structure of the existing machine stakes and prize regulations. The amendment completely sweeps away those controls and places the devices fully outside those regulations. Let us not forget that we are talking about the promotion and encouragement to play unlimited stakes and prizes. This means a category A type gaming machine in a casino, which is promoted by the casino.

I have heard arguments from my hon. Friends the Members for Rochford and Southend East and for Bromley and Chislehurst and from the hon. Member for Bradford South that a separate case should be made for casinos because they are at the top of the regulatory pyramid. The fact that casinos are at the top of the pyramid is exactly why I want to consider properly whether there is merit in the regulations for flexibility that reflects technical developments. I said several times in Committee and on Second Reading that I shall undertake such consideration. I have written to the Casino Forum in such terms and my Department has already commenced discussions with the sector about flexibility and modernisation.

[Mr Sutcliffe]

I understand the point the Minister makes; it is quite proper that she speaks to the industry, but there is concern over the time scale. Is she going to try to do this while the Bill is going through both Houses, or is she looking at another date? The concern is that if we miss this opportunity, the boat will have gone. Just so I can be clear, is she talking about trying to do this within the time frame of the Bill passing through both Houses?

[Mrs Grant]

That is a fair question that I am just about to come on to. I know that the hon. Gentleman wants progress here, and I am aware that people need us to get on with this and I assure him that it is my intention to get on. I am committed to bringing the conversations that we have already started to a conclusion by March 2014. That may be a little later that he would like, but I want to do this properly, because that is far better than not doing so. Furthermore, I reassure him and my hon. Friend the Member for Rochford and Southend East that primary legislation is not needed in relation to the casinos’ aspirations. Those aspirations could be achieved by secondary legislation, if we felt that to be wise. For all those reasons I am firmly opposed to the new clause, because it removes important controls for consumer protection, which is what the Bill is about, and paves the way for unintended consequences.

I thank my hon. Friend the Member for Shipley and the hon. Member for Eltham (Clive Efford) for their important suggestions about enforcement, including reporting on enforcement activity and financial transaction blocking. However, amendment 1 is unnecessary as the Gambling Commission already publishes annual information and data about its activities, including its regulatory and enforcement activities as well as industry statistics, which include those on betting integrity. I draw the attention of my hon. Friend the Member for Shipley to the Gambling Commission’s 2012-13 annual review, which already details the enforcement activity it has undertaken. A further separate report would not significantly add anything to the material already published by the commission and would therefore involve unnecessary duplication. I know that he is a stickler, and I want to assure him that the commission is constantly improving its coverage of information and has assured me that it is willing to ensure that it includes information about its enforcement activities in relation to remote gambling as part of the material that it already publishes. For those reasons, I do not intend to accept my hon. Friend’s amendment.

[Paul Farrelly]

Will the Minister give way?

[Mrs Grant]

I want to make some progress; I have too much to get through. When I have made some progress, I will come back to the hon. Gentleman.

New clause 12 would permit the Gambling Commission to introduce financial transaction blocking. The evidence on the effectiveness of financial transaction blocking is far from convincing and, as we heard in Committee, the industry clearly has doubts about its effectiveness. I do not wish to rule out the blocking of financial transactions in the future should it become appropriate or necessary and if we can see that it is effective. As the range of tools at the Gambling Commission’s disposal has already been shown to be effective, I do not feel that it would be appropriate to seek that power in this Bill.

I thank hon. Members for raising the important issue of sporting integrity and the need to ensure that operators have an obligation to report suspicious market activity. Although I am satisfied that strong and effective measures are in place to ensure that that happens, I am pleased to be able to confirm, to the shadow Minister in particular, that the Financial Conduct Authority will issue guidance to the two sports spread betting firms operating in the United Kingdom and that will reinforce the current arrangements. The new guidance provides an opportunity for the FCA to clarify the meaning of its rules and to state precisely what it requires of the sports spread betting firms. That will allow greater consistency in how suspicious market activity is reported.

[Clive Efford]

I want to clarify what the Minister has just said about the FCA and what is being confirmed. She said, I think, that the FCA was confirming the current arrangements, which are far from satisfactory. Will it adopt all the requirements of licence condition 15.1?

[Mrs Grant]

No, I did not say that at all. In evidence given in Committee, the FCA clearly said that it would consider publishing further guidance to the two spread betting operators that it regulates. The FCA has come back since then and said that it will do that. I am sure that the shadow Minister is aware of the teeth that such guidance has, particularly if it is specific. If there is a breach of guidance, that will clearly have serious consequences for those who have breached it. In my opinion, this is a highly proportionate response to an issue that, although important, does not require intervention through primary legislation. I hope that the hon. Gentleman agrees that there is absolutely no evidence that the regulation of sports spread betting by the FCA has compromised sporting integrity. I do not believe there is a case for a fundamental change to the arrangements and it is right to allow the FCA, which is an independent regulator, to get on with issuing the guidance. If appropriate, the FCA will, of course, assess its effectiveness in due course. I encourage the authority to do that very quickly.

New clause 3 would require a kitemark to be displayed on licensed operators’ websites. I continue to argue that we are all batting for the same aim. I support the arguments made by the hon. Member for Eltham in Committee and today that providing clarity for consumers that they are using a Gambling Commission-regulated site is an important element of consumer protection. I hope that it would provide a strong element of promotional advantage to the operators licensed by the Gambling Commission. As I said in Committee, I will follow through on my intention to see progress on the work that the commission has already commenced to ensure that consumers can quickly and clearly establish that they are transacting with a GB-licensed site. I certainly do not intend to get involved in clarifying with the commission how many centimetres the logo should measure or what colour it should be. It is reasonable to leave the regulator to get on with that. Accordingly, I see no need for a new clause to achieve the end result that we clearly all want.

New clause 4 would end the voluntary approach to operator contributions for research into, education on and treatment for problem gambling, making it compulsory for all operators licensed by the Gambling Commission. The voluntary arrangements were revised only recently, in 2012, and I am satisfied that they are working. I will, of course, continue to monitor the effectiveness of the voluntary arrangements and therefore do not intend to accept the new clause.

New clause 6 would enshrine in statute a one-off commitment to consult on standardised self-exclusion. At present, the Gambling Commission’s licence conditions and codes of practice include the requirement for remote licensees to put into effect procedures for self-exclusion. We recognise that operators could do more by co-operating and working together to help players self-exclude from local gambling premises and online sites, but the industry is already taking steps. A good example is the imminent harm minimisation conference being organised by the Responsible Gambling Trust. I expect to see progress on player protection over the coming months, including the development of better tools to help players to gamble safely. If we are still having this conversation in 12 months’ time, there will be little alternative but to embark on a process of mandating controls.

New clause 14, tabled by the hon. Member for Strangford (Jim Shannon), would enshrine in statute the requirement for the Gambling Commission to hold a list of those who wish to self-exclude. It would be a condition of the remote operating licence that individuals on the list must be excluded. A one-stop shop might be an appropriate goal and I know that it would do considerable good, but I do not wish to make a commitment to pursue that option alone—given the complexities and practicalities involved—when other elements of harm minimisation might be even more significant, such as player feedback and information on betting habits as well as in-play alerts on losses. We should also not lose sight of the fact that self-exclusion is just one tool in a suite of player protections. I urge the industry to make the fastest possible progress. The shadow Minister pressed me on this point in Committee and has done so again today, and I am prepared to commit to driving all the parties to make good their commitments on developing and implementing player-protection measures and to consider using the powers I have, including the imposition of licence conditions, if I am not satisfied.

New clause 13 seeks to ensure that the social responsibility provisions adopted by the Gambling Commission reflect the highest possible standards. As I said in Committee, I am confident that the British regulatory system is a model of international best practice and the commission’s requirements are robust and of the highest standard. I do not accept that the commission lags behind in its social responsibility requirements.

[Robert Neill]

I understand the Minister’s point, but is she satisfied that, regardless of the quality of the standards, there is the capacity in the system effectively to enforce those standards on a larger scale? What can she say about not losing expertise from the white-listed countries?

[Mrs Grant]

My hon. Friend makes a good point, but I must tell him that I am absolutely satisfied that the Gambling Commission has all the tools it needs at its disposal properly to enforce the regulations. There will, of course, always be grey areas, but when the commission comes up against them, it is up to it to make proper decisions according to risk and proportionality.

The Gambling Commission is internationally respected. It engages extensively with overseas regulators, participates in international and European regulatory forums and hosts numerous visits each year from overseas regulators who are keen to learn from it. The new clause is therefore unnecessary and I do not intend to accept it.

[Clive Efford]

I am grateful to the Minister, who is being very generous in giving way as I know she has a lot to get through. The issue is that although it is easy to self-exclude from, for example, four betting shops on the high street, there are a multiplicity of ways of gambling on the internet without a single system of self-exclusion—that is, a one-stop shop. Is that the minimum standard that she will require?

[Mrs Grant]

I have made it clear that the industry has made various commitments, and I want it to get on with what it has said it will do. There are issues and complexities with the one-stop-shop method of self-exclusion. I will keep it under review and if I am not satisfied within a reasonable period that the Government are doing everything we should be doing, I will look at it again.

14:30

I thank hon. Members for their suggestions about dormant betting accounts in new clause 7. I have noted the strength of feeling both today and in earlier debates, especially the comments of the shadow Minister and the hon. Member for Bradford South (Mr Sutcliffe) about the opportunities that might be afforded to grass-roots sports, and I will take those comments into account when considering my right hon. Friend’s report at the appropriate time. For the reasons I have given, I do not think that the time is right. We want the Bill to go through first. I am not prepared to accept the new clause.

I thank the hon. Member for Bradford South for highlighting the subject of gambling advertising in new clause 9. The Government acknowledge the growth of gambling advertising since 2007, following the introduction of greater freedoms. As I made clear in Committee, I am already examining what impact that might be having on the licensing objectives of the Gambling Act 2005 and whether the current arrangements, including the 9 pm watershed, remain adequate.

The research that I mentioned in Committee, which was published by Ofcom last week, is an important step in clarifying the extent to which advertising has grown and where that growth has been concentrated. It also reveals the extent to which children and adults are exposed to gambling advertising. The research also shows that, while advertising has increased, the scheduling restrictions have been effective in limiting the exposure of children to gambling advertising, and that the vast majority of sports betting advertising is after the watershed.

While I find it reassuring that the scheduling restrictions have limited the exposure of children to gambling advertising, the Government continue to pay close attention to developments in the gambling advertising market and are working closely with Ofcom, the Gambling Commission and the Advertising Standards Authority. The Secretary of State and I met last month with my officials and several of those organisations to discuss the situation.

I can assure hon. Members that the Government take the issue very seriously indeed and are already working to assess the adequacy of the current arrangements. For this reason, there is no need to accept new clause 9, but I will ensure that Parliament is kept informed of our assessment of the impact of gambling advertising and, should I uncover evidence in the course of this work that suggests that advertising codes no longer provide effective protections, I will not hesitate to act.

Last but not least, new clauses 10 and 11 would extend liability to pay the horserace betting levy to offshore bookmakers who hold a remote gambling operating licence from the Gambling Commission. I have made my commitment to consider levy reform abundantly clear, but let me repeat yet again that I want to take the opportunity—the hon. Member for Bradford South used the word “opportunity”—that has been created by the financial stability of the four-year voluntary arrangement to take a proper look at levy reform and consult widely on the sustainable, enforceable and legally sound options that emerge. We must look beyond extending a system that is agreed to be out of date and consult properly before any measures are put in place.

I am resisting the new clauses for two principal reasons. First, I do not believe that we should assume that genuine levy reform lies in merely extending the existing levy scheme. No one has disputed the view that it no longer reflects the modern betting and racing industries. The new clauses would not achieve genuine levy reform; they would merely extend the current system. Secondly, as I have said previously, any extension of the levy to offshore bookmakers as a result of the new clauses would require EU Commission approval because the levy is a state aid scheme. I will not implement the proposals, for which we do not have EU approval in respect of state aid. Nor am I convinced that we should seek EU approval for an extension of the current levy when we do not know that it will satisfy the need for proper reform. I am not prepared to act in a way that could jeopardise the stability provided by the recent voluntary arrangement.

I have also been urged to take a power to extend the levy at a future point, but that assumes that all that we might wish to do is extend the existing system, and that would not be genuine levy reform. Even if we took such a power, we could find that it was too narrowly scoped to enable us to achieve what we wanted—for example, to meet the EC requirements for any reform scheme to be state aid compliant.

[Clive Efford]

There is agreement among Members on both sides of the House about this, and many Government Back Benchers have supported a private Member’s Bill that would have a similar effect. We are suggesting not that we solve the problem now but that she takes a reserve power and comes back to the House. In the meantime, we should allow the levy to be applied to remote gambling operators, because in the intervening period the horse racing industry is missing out on £20 million per year. When will she regulate if not now?

[Mrs Grant]

I think I have made it clear to the shadow Minister that I am happy to look at this; I will consult on any workable proposal that is put to me which is sustainable, enforceable and legally sound, but we have to do it properly. I am not prepared to cut corners—we owe that to betting and to racing. We have waited 50 years; we now have a four-year opportunity and I am determined to make the most of it.

Horse racing is enjoyed by millions of people and is the second most attended sport in Britain after football. It supports 85,000 jobs across the country and contributes to local economies both through employment and by attracting a considerable number of visitors. We owe it to racing and the betting industries to get this right, and hon. Members will have repeatedly heard my determination to do exactly that. That is why it is important to get levy reform right and not to accept either of the new clauses, which could so easily set limits on what can be achieved.

For all the reasons that I have stated, I cannot accept any of the new clauses or amendment 1.

[James Duddridge]

While I am clearly disappointed that new clause 1 was not accepted, we have had an interesting debate and moved things forward a little. The Minister will continue to have discussions with the industry. I was concerned about how long those would take, and the Minister has assured me and other hon. Members that this process will come to a conclusion in March 2014. I expressed some concerns about whether we would be able to take this forward in secondary legislation. The Minister has asserted that that would not be a problem. Time did not permit her to go into detail, but I take her at her word. Perhaps she will look at how it will happen again, and reflect on the suggestion made by the hon. Member for Bury North (Mr Nuttall) that an amendment should be tabled in the House of Lords that would permit her to make this change if at the end of the consultation the Minister believed it was the right thing to do.

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 11

Power to extend the horserace betting levy to overseas bookmakers

‘(1) The Secretary of State may by regulations amend any provision or provisions of the Betting, Gaming and Lotteries Act 1963 (c 2) (at a time when the provisions listed in section 15(1)(a) to (c) of the Horserace Betting and Olympic Lottery Act 2004 (horserace betting levy system) have not been entirely repealed by order under that section), the Gambling Act 2005 and/or the Gambling Act 2005 (Horserace Betting Levy) Order 2007/2159 for the purposes of ensuring that each person who holds a remote gambling operating licence under the Gambling Act 2005 which authorises that person to provide facilities for betting shall be—

(a) liable to pay the bookmakers’ levy payable under section 27 of the Betting, Gaming and Lotteries Act 1963 (c 2); and

(b) subject to the provisions of section 120 of the Gambling Act 2005 (as modified in accordance with the Gambling Act 2005 (Horserace Betting Levy) Order 2007/2159) if that person is in default of such bookmakers’ levy.

(2) Regulations under this section must be made by statutory instrument.

(3) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.’.—(Clive Efford.)

Brought up.

Question put, That the clause be up added to the Bill.

14:39

Division 138

Ayes: 213

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Labour: 197
Scottish National Party: 5
Democratic Unionist Party: 4
Plaid Cymru: 2
Independent: 1
Alliance: 1
Green Party: 1
Liberal Democrat: 1

Noes: 271

---

Conservative: 228
Liberal Democrat: 39
Independent: 3

14:53

More than two hours having elapsed since the commencement of proceedings on consideration, the proceedings were interrupted (Programme Order, 5 November.)

The Deputy Speaker put forthwith the Question necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).

New Clause 14

Self-exclusion for remote gambling

‘After section 89(1) (remote operating licence) of the Gambling Act 2005, insert—

“( ) The Commission shall hold a list of persons who have registered to be excluded from remote gambling.

( ) It shall be a condition of a remote operating licence that an operator must exclude any person who has registered for self-exclusion with the Commission.”.’. —(Jim Shannon.)

This New Clause would give the power for the Commission to hold a list of those who wish to self-exclude. It would be a condition of a remote operating licence that individuals on the list must be excluded.

Brought up.

Question put, That the clause be added to the Bill.

14:53

Division 139

Ayes: 223

---

Labour: 206
Scottish National Party: 5
Democratic Unionist Party: 4
Social Democratic & Labour Party: 3
Plaid Cymru: 2
Independent: 2
Conservative: 1
Alliance: 1
Green Party: 1

Noes: 283

---

Conservative: 240
Liberal Democrat: 41
Independent: 1

Third Reading

15:04

[Mrs Grant]

I beg to move, That the Bill be now read the Third time.

I begin by thanking all those from across the House and outside who have taken part in the debates on the Bill. In particular, I thank the Chairmen of the Committee, my hon. Friend the Member for Wellingborough (Mr Bone) and the hon. Member for Arfon (Hywel Williams).

The Bill has its origins in the previous Administration’s review of the remote gambling regulatory framework. I thank the hon. Member for Bradford South (Mr Sutcliffe) in particular for his contribution during the Bill’s progress. I thank the Culture, Media and Sport Committee for its thoughtful and thorough pre-legislative scrutiny, which was key in helping to strengthen the Bill.

I believe I am right in saying that the Bill enjoys support from across the House, although some believe that it does not go far enough. Several issues have been debated at various stages, including today, and several new clauses have been tabled. I have explained as carefully as I can the reasons we have chosen not to accept them. Although the Government have not accepted any amendments on these matters, as we do not believe the Bill is the right vehicle for such changes, we have noted the concern on these matters and hope to make progress on them through a non-legislative avenue.

The Bill is a prudential measure which will provide greater protection for consumers based in Great Britain. It will tighten current legislation to ensure that all remote gambling, whether provided in Britain or overseas, is a licensed activity, subject to the Gambling Commission’s standards and controls. I commend the Bill to the House.

15:06

[Clive Efford]

In spite of all the amendments that we tabled, we welcome the Bill, as far as it goes. It brings an industry that has grown to £2 billion a year under the UK Gambling Commission as the licensing authority and, in respect of licensing, it will create a level playing field between remote gambling operators, those that have remained onshore and our high street betting shops.

The questions that we have raised will be tested by how well the Gambling Commission enforces the requirements that are laid out in the Bill and implicit in the licence. Aspects such as research, treatment, the protection or self-exclusion of individuals, enforcement tools using IP blocking, financial blocking, and possible change to the watershed will all be subject to enforcement by the Gambling Commission. We will have to remain vigilant and see how that is implemented to ensure that the Bill has the desired effect, as expressed by Members in all parts of the House.

I pay tribute to my hon. Friend the Member for Bradford South (Mr Sutcliffe) for the work that he initiated in government. Shortly after the remote gambling regulations were put in place in 2007, he and the present Comptroller of Her Majesty’s Household, the right hon. Member for Bath (Mr Foster), who is not in his place and to whom I pay tribute, identified the need for further regulation. It has taken some time for us to get to the point where we have the legislation before us, but we are here now and the Bill, as far as it goes, has support from all parts of the House, because we want to set the very highest standards here in the UK, which others will follow across the world in the regulation of remote and online gambling.

We certainly want the Gambling Commission to set the very highest standards so that people can enjoy the pastime of gambling in safety and in the knowledge that everything is being done to ensure that they can do so without fear of any harm. We commend the Bill and hope sincerely that everything required by it will be realised under the licensing regime applied by the Gambling Commission.

15:09

[Philip Davies]

I, too, rise to support the Bill, although not necessarily for the reasons it was introduced. The Government introduced the Bill—if we believe what they say—for the purposes of regulation, but it seems to me that for the purposes of regulation it is completely unnecessary. In fact, it will probably make the regulatory system worse, because although virtually every gambling operator used by UK consumers is currently properly regulated, either here or in other places such as Gibraltar, the chances are—the Treasury’s own forecasts show this—that as a result of the Bill around 20% of betting will take place with unlicensed and unregulated operators. As far as the regulation of gambling is concerned, the Bill represents a step backwards, rather than a step forwards.

However, I support the Bill for the real reason behind it, which the Government dare not say: it will allow them to tax gambling companies currently based in places such as Gibraltar and allow people in the UK who place bets with those companies to be subject to taxation. I think that is a perfectly legitimate thing for the Government to do, but I understand that for legal reasons within the EU they do not want to say it. I am pretty certain that is the reason for the Bill, and on that basis I support it.

I have one question for the Minister, which I hope she can answer. She will be relieved to know that it is not about sport. I was tempted to ask her the name of this year’s winner of the grand national—a clue is that it was trained in my constituency—but I will resist that temptation. Will she give me a guarantee that the Bill will not lead to any empire building by the Gambling Commission, which could claim that it needs ever more resources, ever more money and ever bigger fees to do the regulation that will be expected of it as a result of the Bill? The Culture, Media and Sport Committee was keen to get assurances on that during our pre-legislative scrutiny. I hope that she will make it clear to the Gambling Commission that the Bill cannot be used as an excuse.

[Robert Neill]

My hon. Friend makes a fair point. Does he accept that one way to avoid the needless spread of bureaucracy would be for the UK’s Gambling Commission to use some of the expertise that exists in the Alderney gambling control commission or Gibraltar’s commission, where there is likely to be spare capacity? Using what is already there, rather than inventing new methods and posts, might be a way of achieving sensible regulation at a reasonable price.

[Philip Davies]

I very much agree with my hon. Friend. He gets to the nub of my concern about the Bill, which is that companies based in places such as Gibraltar are already particularly well regulated by the authorities there, which is why the Bill is complete nonsense from any regulatory or licensing perspective—it is clearly about taxation. Once we get over the emperor’s new clothes situation, I hope that the Government will take my hon. Friend’s advice, because the most effective way to license and regulate those industries will be by using the expertise that already exists.

Notwithstanding my concerns about empire building by the Gambling Commission, which I hope will not be a consequence of the Bill, and the fact that I consider the regulatory system for gambling to have taken a step backwards, I support the Bill and hope that the revenue raised will be useful in paying down our debts. The success or failure of the Bill will depend not on the legislation, but on the rates of taxation the Treasury places on the gambling industry as a consequence of it. The Treasury—I hope that the Minister will take this message back—must not stifle some of the smaller niche gambling companies, which employ many people in this country, because they would be finished off by a rate of 15%. The big gambling companies can look after themselves, but the smaller ones need a competitive rate. Otherwise, they will go out of business and we will end up losing jobs and tax revenue. Notwithstanding those concerns, I support the Bill.

15:14

[Mr Sutcliffe]

It is a pleasure to follow the hon. Member for Shipley (Philip Davies). We disagree on some things, but he is an excellent advocate for the horse racing and betting industries. We might draw different conclusions on the purpose of the Bill, but I think that we agree that it is important. I pay tribute to the Minister for bringing it forward. The process started, as my hon. Friend the Member for Eltham (Clive Efford) said, more than three years ago. I also pay tribute to the officials in the Department for Culture, Media and Sport, because it is important that they work with the Gambling Commission and the sector to understand the nature of the industry, which is very important to this country given the number of jobs it creates, the amount of tax that it pays and the investment it makes in the economy.

Opportunities to discuss the gambling industry in the House are few and far between. One of the difficulties is that some people take a blanket approach to gambling and oppose anything to do with it because they think that it is alien to our country, but in reality that is not the case. As we have seen with the success of the national lottery and national institutions such as the derby, the grand national and many other racing events, sport and gambling are interlinked.

The important thing about the Bill is that it offers a consumer safeguard, and in that respect it fills a gap in the previous legislation, the Gambling Act 2005. However, we have put a lot of trust in the Minister today—I do not doubt that it will be honoured—to do things we have asked her to do. We have asked her to look at the casino industry and, outside the scope of the Bill, the opportunity to put right some of the wrongs for that industry. I look forward to hearing what she has to say as a result of her consultation with the sector in due course.

I think that the Minister is wrong not to support the new clause on the horserace betting levy. The horse racing industry is important to the country. The problem is that if it takes four years to reach a conclusion for the next negotiations, some race courses and parts of the industry might not survive. I hope that she can give some momentum to that. I referred in Committee to the other place, and I am sure that when the Bill goes to the other place its Members who are even more committed to racing than we are in this House—if that is possible—will remind her of the levy’s impact on the industry.

The Bill is a good one. I am grateful to the Minister for listening to the comments that have been put to her from both sides of the House. I look forward to its passage through the other place. However, I feel that the House needs to look at the impact of gambling on society, because there are people who have problems, and the hon. Member for Strangford (Jim Shannon) is right to raise those concerns. It might sound like a small percentage—0.9%—but my hon. Friend the Member for Eltham is right about the number of people affected, so there needs to be adequate research, education and treatment. I support the Bill.

15:17

[Jim Shannon]

I thank the Minister for her response. Although we did not get the response we wanted, as the Minister acknowledged, she did make a commitment to consider pushing the industry in the direction in which we all want it to go. From the Government’s point of view, and that of the Opposition, I think that the overall consensus is that we need to help those who need help. That is where I and many others come from in relation to problem gamblers and vulnerable people.

With regard to new clause 14, I hope that when the Bill goes to the other place, with due diligence—to use that terminology—perhaps something might be added that this House can endorse. I would be glad to see such a move in the right direction. I would also be pleased to see money from dormant bank accounts going to help those with gambling addictions—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. The debate is on Third Reading, not the clauses.

[Jim Shannon]

I understand that, Mr Deputy Speaker—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. It is not about understanding it; the point is that you have to talk about it. I am not too worried about the understanding.

[Jim Shannon]

I stand corrected, Mr Deputy Speaker. I understand it very well and I will now get it right.

When the Bill returns to the House, I hope that we will have an opportunity to address all those issues. I look forward to legislation that empowers problem gamblers and vulnerable people to get help when they need it most. If we can achieve that, we will have achieved a lot.

Question put and agreed to.

Bill accordingly read the Third time and passed.

London Local Authorities and Transport for London (No. 2) Bill [Lords]

Tuesday 26th November 2013 Commons Chamber

Third Reading

15:19

[Bob Blackman (Harrow East) (Con)]

I beg to move, That the Bill be now read a Third time.

I do not wish to detain the House for too long because the Bill has been subject to very detailed scrutiny at all its stages in this House and in the other place. I hope that, like the two previous London Local Authorities and Transport for London Bills, this Bill will be passed this afternoon, giving the councils and Transport for London very useful powers that I am sure will be welcomed by everyone who lives in London.

London councils and boroughs bring forward proposals for Bills, and this one started out in May 2007. At that time, I was sitting as deputy leader of Brent council, where we gave the Bill some detailed scrutiny. After the proposals were refined in summer 2007, the Bill was finally lodged in November 2007. It can therefore be said that it has had a long gestation period of some six years.

I pay tribute to my hon. Friend the Member for Christchurch (Mr Chope) and his colleagues, my hon. Friends the Members for Shipley (Philip Davies) and for Bury North (Mr Nuttall) and others, who have subjected the Bill to very detailed scrutiny. It is fair to say that it has been a long process. My hon. Friend the Member for Christchurch has sought tirelessly, not only on this private Bill but on others promoted by London local authorities and, indeed, authorities throughout the land, to ensure that such Bills are given detailed scrutiny, as is entirely appropriate. It may be said that they get far more scrutiny than legislation proposed by the Government that is much more important, if that is possible. I am sure that his constituents will rest easy knowing that his assiduous work on this Bill on their behalf means that when they next visit this great city there will be less clutter on the streets, apart from electricity charging points, safer skips and cleaner air as a result of the increase in the use of electric vehicles that will no doubt arise.

[Mr Christopher Chope (Christchurch) (Con)]

I am grateful to my hon. Friend for his generous remarks. This Bill started off with 39 clauses and now has 20. Does he accept that other legislation we pass in this House would invariably be much better if it were similarly truncated?

[Bob Blackman]

I thank my hon. Friend for that intervention. Before the Bill started, 15 clauses were removed by the Lords Select Committee that considered it, 10 of which formed one part of the Bill, and three were dropped by the promoters in agreement with people who objected. Detailed elements of the Bill have been subjected to tidying up and making sure that they are appropriate to the times we live in.

I thank the Under-Secretary of State for Transport, my hon. Friend the Member for Wimbledon (Stephen Hammond), and the hon. Member for Nottingham South (Lilian Greenwood) for their contributions to this debate.

Finally, I would like to mention something that will no doubt cause great distress to my hon. Friend the Member for Christchurch and his colleagues and perhaps some joy and relief to others, including our Whips. I have been told that apart from a short four-month period in 1991, ever since the first London local authorities Bill was deposited in November 1988 there has been at least one such Bill before Parliament. When this Bill obtains Royal Assent, as I trust it now will, that continuous record will end. The torch is being carried on to some extent by TfL with a Bill that is currently in the Lords, but for the London boroughs, for the moment, that is it. As it happens, tomorrow is the day by which private Bills must be deposited in Parliament. I have it on very good authority that a London local authorities Bill will not be deposited.

With that, Mr Deputy Speaker, I thank you and your colleagues for your forbearance and hope that the House will shortly see fit to give this worthy Bill a Third Reading.

15:24

[Mr Christopher Chope (Christchurch) (Con)]

We have up to three hours in which we could debate the Third Reading of this Bill—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I might be able to help the hon. Gentleman. As we all know, Third Readings never drag on for that long, and I would be tempted to put the Question way before then, so he ought to get his points in and not detain the House for too long. I know that he is desperate to get on to the Second Reading of the next Bill.

[Mr Chope]

As always, you anticipate my remarks, Mr Deputy Speaker.

The whole process of private legislation should perhaps by revisited by the Procedure Committee, because this Bill shows that too often Bills are brought to this House and presented without being sufficiently thought through in advance. Great chunks of the Bill have been removed as a result of the scrutiny that this House has given to it. I know, Mr Deputy Speaker, that on Third Reading we do not talk about what is not in a Bill but only what is left in it. However, it is important to put it on record that all the provisions relating to pedicabs, for example, which were very controversial, have been completely removed. As I indicated in my intervention on my hon. Friend the Member for Harrow East (Bob Blackman), a Bill that originally had 39 clauses now has only 20, so it is much tighter.

There have also been a significant number of amendments. I commend my hon. Friend for the constructive way in which he has dealt with the points that have been raised. Obviously he and I have not agreed about everything, but where we have been able to agree we have amended the Bill accordingly.

[Sir Greg Knight (East Yorkshire) (Con)]

Has my hon. Friend not rather destroyed his own argument? If the Bill has been improved in the process of scrutiny that already exists, surely there is no need for the Procedure Committee to look at our procedures.

[Mr Chope]

As my right hon. Friend is a former distinguished Chairman of the Procedure Committee, his intervention will probably carry considerable weight. I can understand why the Committee might not want to get involved in looking at private legislation. However, quite a lot of right hon. and hon. Members’ time has been taken up with this legislation, and the implication of my remarks was that some of that time could have been spared if the contents of the Bill had been thought through more carefully in advance before it was presented. I have noticed a distinct drying up of the number of private Bills being brought before the House. I hope that the thorough scrutiny to which they have been subject has become part of a deterrent process whereby people realise that one cannot just dream up some idea, put it in the form of legislation, present it, and hope that it will go through the House without anybody taking too much notice of it. If the Procedure Committee wants to look at the issue, then obviously it will do so.

The next Bill we are debating deals with filming on the highways in one particular locality. It is often asked why we need Bills dealing with a particular locality that could have a more general application through an enabling Bill passed by the Government that would enable local authorities, if they so wished, to opt into certain legislation. However, that is a debate for another day.

Having had such constructive engagement with my hon. Friend the Member for Harrow East, it would not be appropriate to seek to divide the House on Third Reading. As I have I said all along, there are parts of this Bill that I support. I merely wanted to ensure that it was a better Bill when it left this House than when it arrived. I think that anybody looking at this objectively will agree with me and with you, Mr Deputy Speaker, that it is a better Bill that is worthy of a Third Reading.

15:28

[Lilian Greenwood (Nottingham South) (Lab)]

I am glad to be able to speak in this debate, if a little surprised at how soon I am doing so. No doubt hon. Members on both sides of the House will be glad that six years after this Bill was deposited in the House we have finally reached its Third Reading.

Many Members have worked to improve the Bill, of whom many are in their places today, as have many in the other place, and not least in Committee. I want to take this opportunity to place on record my thanks to my hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick), who spoke on behalf of the Opposition on Report. It should be recognised that the main promoter of the Bill, Westminster city council, has shown a willingness to compromise on a number of points. Thanks to that work, this is, overall, a sensible package of measures and I hope the House will give the Bill a Third Reading.

15:29

[The Parliamentary Under-Secretary of State for Transport (Stephen Hammond)]

I am delighted that we have reached Third Reading and I congratulate my hon. Friend the Member for Harrow East (Bob Blackman) on his efforts in promoting the Bill. He and many other Members present have sought to make changes to, and contribute to extensive scrutiny of, the Bill during its passage through Parliament. The debate has been healthy and constructive, and the Bill has undoubtedly been improved as a result. The Government have made it clear throughout that we support the principle of the Bill. I thank my hon. Friend for his work in steering it through the House and Third Reading, and I hope it will receive Royal Assent. With that, I reiterate the Government’s position.

Question put and agreed to.

Bill accordingly read the Third time and passed.

Hertfordshire County Council (Filming on Highways) Bill [Lords]

Tuesday 26th November 2013 Commons Chamber

Second Reading

15:31

[Mr James Clappison (Hertsmere) (Con)]

I beg to move, That the Bill be now read a Second time.

This debate has already had something of a preview, but I hope there will not be a sequel. This very important Bill is promoted by Hertfordshire county council and has the full support of the borough council in my constituency, Hertsmere borough council. The purpose of the Bill is to confer powers in relation to filming on highways in Hertfordshire and thereby to help the film industry, which is an important business and employer in Hertfordshire.

In fact, there are no fewer than five major film studios in Hertfordshire, including Elstree studios in my constituency, the BBC studios in Elstree and the Warner Brothers studios in Leavesden. They are responsible for some of the most well-known and well-liked television programmes on our screens today, as well as for some important films. Elstree studios in particular have made a major contribution to the British film industry since its very beginning. They have also made a contribution to the international film industry and were used for the “Star Wars” and “Indiana Jones” films. They have made a contribution to the British film industry since 1925 and many of our most iconic films were made there, including my all-time favourite, “Ice Cold in Alex”. I hope it will not disappoint too many fans of that film if I disclose that the ice-cold beer consumed at the end of the journey across the desert—supposedly in Alexandria—was in fact consumed just off the Shenley road in Borehamwood.

Likewise, many important television programmes have been and continue to be produced there. Last Saturday evening’s episode of “Strictly Come Dancing” was produced at Elstree studios, which is the programme’s new home. I am not sure whether that particular programme will need to avail itself of the Bill’s provisions, but many other productions at local studios may wish to do so. The intention behind the Bill is to help those productions and to facilitate film making in Hertfordshire. A number of new programmes are in production at Elstree studios, including a new production of “Paddington Bear”, which may well want to avail itself of the provisions.

I am confident that the film studios in my constituency will continue to be at the forefront of film making in Britain for many years to come, not least because the Elstree university technical college opened its doors in September, offering a range of courses focusing on technical skills and crafts that support the film, television and entertainment industry.

[Sir Greg Knight (East Yorkshire) (Con)]

What duties would rest on my hon. Friend’s county council to inform motorists of a road closure? If one is trying to get from A to B and one is not from the particular county in which one happens to be travelling, there is nothing more infuriating than to find oneself faced with a road closure that was not flagged up earlier. What duties would the county council be under, should the Bill become an Act, to advise motorists that a road closure is in force?

[Mr Clappison]

My right hon. Friend makes an extremely good point. Hertfordshire county council has given an assurance that it will follow similar procedures to those set out in the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 on giving notice of when roads will be used during the course of filming. Those requirements relate to posting notices in the street, notifying the police and making certain advertisements of when the roads will be closed. The duties for when the roads are actually closed are set out in clauses 3 and 4, to which I will turn shortly.

[Mr Christopher Chope (Christchurch) (Con)]

Following on from the point made by my right hon. Friend the Member for East Yorkshire (Sir Greg Knight), proposed new subsection (6C) in clause 4 makes it clear that the county council is seeking powers to enable it to close a road with a minimum of only 24 hours notice. Does my hon. Friend think that that is reasonable?

[Mr Clappison]

As my hon. Friend will know, that is the film notice, as opposed to the film order, and the various requirements relate to film notices. I hope he will take some consolation from the fact that a film notice can continue for only 24 hours, whereas a film order can continue for longer. As he has said, notice of a film notice has to be given at least 24 hours before it comes into effect. The purpose is to deal with situations in which weather may be a factor and the film producers want to take advantage of temporary weather conditions.

[Mr David Nuttall (Bury North) (Con)]

My hon. Friend has set out the long history of film making in his constituency and his part of the world. Given that that has happened for so many years, will he briefly set out why these measures are now deemed necessary and how the area managed without them in the past?

[Mr Clappison]

My hon. Friend makes a fair point. I am aware that roads have been closed in the past, but I am not sure whether the legal powers under which they were closed were, shall we say, as certain as some would have liked them to have been. I think my hon. Friend would be among the first to ask whether there was a proper legal power and to look into it. The Bill will put the legal position beyond any doubt. I hope I will be able to assist hon. Members by explaining that this Bill is analogous to existing legislation for other categories of event and activity for which roads can be closed. The Bill merely makes it clear that film making will be added to that list.

May I say, in general support of the Bill, that the film industry and the ability to attract films to use our excellent local environment are very important for the local economy? It was reported in December 2011 that Hertfordshire employs approximately 3,200 people in the film and television industry, quite a few of whom live in my constituency. Film and television productions are facilitated if film makers are able to use out-of-studio locations in the many picturesque locations in Hertsmere and Hertfordshire. As I have indicated, this Bill will put the use of those localities and local roads on a firmer legislative footing.

The provisions of the Bill will have the effect, as I have suggested, of extending, with modifications, the existing powers of the highway authority to close roads for special events. Those powers are found, as I am sure hon. Members will know, in the Road Traffic Regulation Act 1984, which was amended in the 1990s to enable the Tour de France to be hosted in England for the first time. The relevant provision of the 1984 Act allows closures to facilitate the holding of a relevant event, which is defined as

“any sporting event, social event or entertainment which is held on a road.”

It is ambiguous whether that definition includes film making.

[Sir Greg Knight]

Is there not a difference, though, between those examples and the Bill’s proposals? When a road is closed for a street party or a sporting event, it could be argued that it is for the public benefit, because the public are invited and expected to take part. When a road is closed for the making of a film, however, the film director will not want the public to be present, because they will spoil the shot. It could therefore be argued that the Bill seeks to close a public highway for a narrow sectional interest. Is that not the difference?

[Mr Clappison]

I have been in agreement with interventions by my right hon. and hon. Friends, but may I put a different case? My right hon. Friend gives the example of entertainments and the like, but they do not confer any wider economic benefit. Filming confers a wider economic benefit on the community because it will help prosperity and employment to be established in Hertfordshire.

I also disagree with what my right hon. Friend said about keeping people away from the filming. My experience is that film makers are happy for members of the public to be present to watch from an appropriate distance, provided they do not interfere with the filming. That may not always be the case, but I know of examples in my constituency where it has been.

Members of the public in Hertfordshire take not only great pleasure from witnessing films being made, but pride from the fact that well-known local landmarks are used for filming. My right hon. Friend will not be old enough to remember “On the Buses”—I remember it, I am sad to say—but in Borehamwood, we take great pleasure from the fact that the principal figure in the series happened to be a bus driver, the late Reg Varney, who was a great character. For the filming, he drove his bus up and down Shenley road in Borehamwood, and if one watches those films, one can see Shenley road as it was then, with members of the public standing around and witnessing the film being made. It is all there in that very good series. I will not digress any more about “On the Buses”, but I am sure that there are many other good examples.

Legally, the Bill will have the effect of categorising the making of a film as a “relevant event”, therefore allowing the council to make closure orders. The existing restriction on special events that allows such events to last for three days will continue in force, but it will be extended to seven days for film orders. The 1984 Act allows a road to be closed for three days, but the Bill will allow it to be closed for seven days. Up to six film orders can be made for any one stretch of road under the provisions.

In addition to such film orders, the Bill makes provision for film notices, to which my hon. Friend the Member for Christchurch (Mr Chope) has already referred. Going beyond existing provisions for special events, film notices will enable the council to issue restrictions on road use where it appears to the council that it is expedient that the closure should come into effect without delay, although the duration of up to 24 hours is shorter than the seven days for film orders.

[Mr Chope]

Does my hon. Friend accept that it is possible to close any road for only three days once a year under the Road Traffic Regulation Act, but under his Bill it will be possible to close a particular piece of road on six occasions for a maximum of seven days each time—in other words, for 42 days a year?

[Mr Clappison]

My hon. Friend makes a good point. If he has been listening, I hope that he will accept that I have been careful to say that the power is being extended. That is one of the details that it is important to debate, and no doubt he will want to come back to that point. I suggest that that is so to fit in with the needs of the film industry. I suppose that it will be hoped that roads will not need to be closed for the maximum period or for the maximum number of six occasions in a year. That provision is to fit in with the convenience of, and to promote, the film industry, which has to be balanced against the other factors that he mentioned, including the interests of local road users.

[Mr Chope]

Will my hon. Friend give way?

[Mr Clappison]

Of course I will, because the issue is important.

[Mr Chope]

My hon. Friend is being very fair, but what is his view of the reasonableness of the provision? If one was running a business on a road that was closed for 42 days a year, would that be reasonable?

[Mr Clappison]

There is a procedure for making the orders by the local authority. I take my hon. Friend’s point, but I must say that many businesses are dependent on the film industry, particularly in my constituency, because there is so much film making there. People are so used to the film industry that they accept that some inconvenience is associated with attracting to Hertfordshire, and in particular to my constituency, important productions that are of so much general benefit to the public and the local economy. As far as I am aware—I will probably have an avalanche of mail complaining about it—there is a general acceptance of that in my constituency, as well as great pride in our connection with film making and a wish for it to continue. He makes a good point about the generality of the powers, but there are special circumstances to take account of in the case of my constituency.

I hope that I have been frank enough for my hon. Friends about the proposals in the Bill. As I have said, film notices go beyond the existing provisions for special events that I have mentioned in current legislation. Film notices enable the council to issue restrictions on road use where it appears to the council that it is expedient that the closure should come into effect without delay, which is particularly valuable to the film industry.

To turn to the detailed provisions, clause 3(2) provides that a “relevant event” under section 16A of the 1984 Act will include film making. Hon. Friends who are familiar with the 1984 Act will know that roads can already be closed, although for a shorter duration, for the several events specified in section 16A, covering

“the holding of a relevant event,…enabling members of the public to watch a relevant event, or…reducing the disruption to traffic”.

The film order will be added to that list of special events.

Clause 4 deals with restrictions on film orders and notices. Subsection (2) allows for film orders to remain in force for up to seven days, compared with the three days for relevant events under existing provisions, as we have already discussed. Subsection (4) provides that no more than six film orders may be made in any one year, that a film notice shall continue for only 24 hours and that notice of a film notice must be given at least 24 hours before it comes into effect.

Among other matters, clause 5 provides that a breach of a film order or notice will be an offence in the same way as a breach of an order relating to a relevant event under the existing provisions in section 16C of the 1984 Act. I understand that there has been some discussion and, I am happy to say, constructive dialogue between the Bill’s promoter and the Minister, as I hope the Minister will confirm.

Clause 6 provides for the council, as a highway authority, to give permission to film makers for the temporary placing of objects on a highway, subject to conditions imposed by the council and certain defined conditions set out in subsection (3). The general purpose is to ensure that that is done safely, because safety is of overriding importance. Subject to such conditions, clause 6 allows the council to authorise equipment, such as static film cameras, lighting rigs or camera trucks to be placed on roads during filming.

[Jacob Rees-Mogg (North East Somerset) (Con)]

Will my hon. Friend explain what penalties will apply to somebody who breaks an order, particularly if they were trying to get back to their home on a road that had been closed?

[Mr Clappison]

To assist my hon. Friend, let me point out that those penalties are set out in existing legislation. I hope that I am right in saying that such breaches are dealt with by way of fines, but I will be corrected if I am wrong. I will look at the detail and come back to him in due course.

[Jacob Rees-Mogg]

Will there be an exemption for people who are trying to get back to their own property, because it would seem unreasonable if the closure of a road made it impossible for somebody to get a vehicle back to their own drive or for a pedestrian to walk back to their own house?

[Mr Clappison]

I hope that it gives my hon. Friend some comfort to know that the penalties will be exactly the same as those that have existed for a long time under the 1984 Act, under which roads are closed for the holding of specified events. Famously, that related to the Tour de France, but it has also been used for other events and entertainments. I hope that there is a spirit of reasonableness in all such matters and that only somebody who is unreasonable will come anywhere near to receiving the penalties that can be meted out under the law.

In summary, the Bill will benefit film making, particularly in my constituency. I have no doubt that it will be subject to the same scrutiny as every other Bill of this kind. I hope that I have been frank with the House in setting out its provisions.

[Sir Greg Knight]

I am grateful to my hon. Friend for giving way again; he is being very generous. Have there been any discussions between the promoter of the Bill and the police? For example, are there any police manpower implications? Should the Bill become an Act, the police might be asked to enforce the film orders, so have the police been consulted?

[Mr Clappison]

I will come back to my right hon. Friend on that matter in due course. My understanding is that the county council has consulted widely, so I am sure that the police are aware of what is being proposed. I might be speaking out of turn here, but I think that the police may well find it helpful to have their powers put on a firmer footing. That is the purpose of the Bill.

I hope that the Bill will engender many benefits for my constituents. On that basis, I invite the House to give it a Second Reading.

15:47

[Mr Christopher Chope (Christchurch) (Con)]

May I say at the outset that it is not my desire to divide the House on Second Reading? However, I hope that my hon. Friend the Member for Hertsmere (Mr Clappison) and the promoter of the Bill will take on board the concerns Government Members have expressed in interventions.

Essentially, the issue is: what is proportionate and reasonable? At the moment, national legislation enables activities to take place on the highway for a maximum of three days and ensures that no piece of road may be affected more often than once a year. As I made clear in an intervention, the Bill would make it possible for an individual piece of highway to be closed for as long as 42 days a year, without any compensation for businesses or residents who were inconvenienced or suffered a loss as a result. The question is whether this House needs to give such wide powers to a local authority through private legislation.

One can envisage what would happen if Westminster bridge was closed for 42 days a year for filming. One could make any number of arguments as to why it would be a wonderful location for filming. If it was closed for 42 days a year, one can imagine what the consequences would be for local residents and other users of that highway. I venture to suggest that the Road Traffic Regulation Act 1984 was drafted in the way it was to maintain a balance between the interests and needs of local residents and the wider interests that might be served by closing a road for a particular purpose on a particular occasion.

A lot of films are made in Hertfordshire, so the county council feels it needs to increase the powers that are available to it or, as my hon. Friend said, clarify those powers. However, the Bill goes far beyond clarifying the wording of the 1984 Act. A clarification could be made by adding one or two words to that Act and without changing the amount of time for which a road may be blocked. It is a misrepresentation to suggest that the Bill merely seeks to clarify an ambiguity in the existing legislation. It goes far beyond that and I hope that in Committee it will be given a degree of scrutiny commensurate with those extra powers.

I have been approached by Buckinghamshire county council. I do not know why it thought it necessary to write to me for advice on introducing a private Bill, but it had the courtesy of so doing. I wrote back to the council leader and said that the Bill that he was seeking to bring forward was very similar, if not identical, to this one. If it is presented tomorrow, as we heard it might be, we will see. I suggested that rather than his county council bringing forward a separate Bill, it might get together with Hertfordshire and any other county council that is interested, speak to the Minister and see whether it could bring in more general legislation.

If the Minister wishes to intervene, I shall be happy to hear his answer. Perhaps we will hear in due course whether he thinks it would be appropriate for the national framework legislation to be changed so that instead of having the rather unhealthy competition between rival councils that are vying to present neighbouring towns as the most friendly to film-makers, which ultimately comes at the expense of the convenience of local people, there would be a more objective way of assessing what is reasonable and what is not.

There is another point that concerns me about the Bill. When I am not in my constituency, I live in a part of London that has a network of streets that were constructed largely in the late-Georgian period. The streets have retained their character and are often used for film sets. To compensate residents for the inconvenience associated with the use of local roads for film sets, which involves not being allowed to park and sometimes having access impeded by film crews, film companies pay a significant sum to the local residents association. It means that the association can function and hold Christmas parties and such things that it might not otherwise be able to afford. In a sense, there is a quid pro quo. Film companies are not acting for charity but to make money for themselves, so why should there not be a system for compensating those who are inconvenienced as a result of those activities? I would be interested if at some stage the promoters of the Bill considered whether some provision could be included to ensure that residents and businesses that are unduly inconvenienced, or perhaps inconvenienced on more than one occasion each year, are entitled to some compensation or recognition in monetary terms that they are making a contribution that should be recognised by the film company.

Like a lot of other Bills, this Bill merits considerable scrutiny. I am also puzzled by the explanatory memorandum that states that clause 3

“enables closures for the purpose of enabling members of the public to watch the making of a film.”

If we start closing roads to enable spectators to watch the making of a film, it seems to me that we are getting a long way from the Bill’s core purpose alluded to by my hon. Friend the Member for Hertsmere, which is to enable people to make films. If we start saying that additional roads must be closed, or additional time taken up because we must provide for people who want to watch the making of films, that is going further than might have been intended by the architects of the Road Traffic Regulation Act 1984. I hope that in due course that issue can also be addressed.

[Sir Greg Knight]

My hon. Friend made an interesting point about compensation. Does he know whether under existing legislation a local authority could charge a whopping licence fee to the film makers, thereby making money out of the process?

[Mr Chope]

My right hon. Friend will have noticed that the local authority is giving itself power to charge a fee for the exercise of its functions in connection with the Bill.

[Mr Clappison]

My hon. Friend is making some excellent points. My intervention will be brief, but I gently point out that the local council is the owner of Elstree studios. As long as those studios are in business and doing as well as they are at the moment, I believe the council’s revenues are considerably assisted by that. My hon. Friend mentioned local benefit, and my constituency contains a school that has been established to try to get young people into jobs in the film industry. That gives a lot of pleasure and satisfaction to local people.

[Mr Chope]

I am grateful to my hon. Friend for that further information. I had not realised that Elstree studios is a municipal enterprise. When my hon. Friend’s council next says that it is short of funds, he will be able to say, “Why don’t you sell off your interest in Elstree studios?”

[Mr Clappison]

It is a Conservative council with a substantial Conservative majority and an excellent record on finance, and it continues to provide very good services with a very good value for money council tax.

[Mr Chope]

I certainly do not want to get myself into deep water—deeper water—with Hertfordshire county council. My hon. Friend has explained that there is in a sense a potential conflict of interest between the county council as the highways authority, the regulator and the body setting and charging the fees and the county council wearing its hat as owner of the studio. That issue merits some detailed scrutiny by the House. It is wonderful that my hon. Friend has been so open and frank in exposing these issues for scrutiny and I am sure that plenty of people will want to take advantage of that in due course.

16:02

[Jacob Rees-Mogg (North East Somerset) (Con)]

I wish to speak only very briefly in response to the answer my hon. Friend the Minister gave me regarding the fines that can be levied on people who may use streets when they have been closed. This House should always be enormously careful about passing any further laws that increase the risk of British people being fined when going about what has previously been their lawful business. Every time this Parliament acts to make the life of individuals that little bit harder, that little bit more onerous or makes someone a little more at risk of coming into conflict with the authorities, the worse we make our society.

I would hope that any Bill that we pass reduced the risks of these impositions and that we will be very careful to think about the necessity for legislating when the existing system has worked. We heard from my hon. Friend the Member for Hertsmere (Mr Clappison) that films are made regularly and successfully in Hertfordshire, creating a great deal of business for the county. Roads are closed by common consent, good sense and the willingness of residents to co-operate with what they know to be a good and sensible business, even if it is technically a slightly grey legal area. That very British approach to things has worked successfully over many centuries, and if possible it is preferable not to legislate.

16:03

[Richard Burden (Birmingham, Northfield) (Lab)]

This Bill will enable Hertfordshire police to sustain and attract the film industry, which is a significant contributor to the local economy and to local jobs—a point made forcefully by the hon. Member for Hertsmere (Mr Clappison). My understanding is that it will clarify the current uncertainty in the legal position for the county council and the police, who have been using the Town Police Clauses Act 1847 to enable road closures for filming. The use of that Act ended a few years ago because of some nervousness over the appropriateness of doing so and the council has therefore proposed this Bill, which I understand—the hon. Member for Hertsmere will no doubt clarify this as the Bill goes forward—the police support.

The powers are already available to local authorities in London and Kent. The Bill goes further, enabling the council to close roads with only 24 hours’ notice. I understand that this aims to deal with unpredictability in filming, such as the weather. Concerns—we have heard some today—have centred on the impact on local people and others that could result from sudden road closures and the risk of prosecution for other people breaching a closure notice. My understanding is that after a request from the Lord Chairman of Committees, the county council has updated its code of practice for location filming to address these concerns, including a section requiring the county council to consult local residents and businesses.

On that basis we can see merit in the Bill and in its going forward.

[Sir Greg Knight]

rose—

[Madam Deputy Speaker]

Order. I am sorry, I am unclear. Mr Burden, have you finished or are you giving way?

[Richard Burden]

I will take an intervention although I was just finishing.

[Sir Greg Knight]

I thank the shadow Minister for giving way. Does he agree that if arguments favour the Bill after it has been fully scrutinised, there will also be a case for national legislation—as mentioned by my hon. Friend the Member for Christchurch (Mr Chope)—rather than doing this county by county?

[Richard Burden]

Something tells me that all those issues and others will be considered as the Bill goes forward, which is entirely appropriate. At this stage, we are dealing with a Second Reading and we can see merit in the Bill and its objectives. On that basis, we are happy for it to go forward.

16:04

[The Parliamentary Under-Secretary of State for Transport (Stephen Hammond)]

I congratulate my hon. Friend the Member for Hertsmere (Mr Clappison) on moving the Second Reading of this private Bill. We welcome the opportunity presented by the debate, and we have listened to a number of the interventions. This Bill will certainly enable the successful film-making industry in Hertfordshire to prosper. I suspect my hon. Friend will enjoy many happy hours in Committee scrutinising this Bill.

Let me make it clear from the start that the Government do not oppose the Bill. We accept that it largely replicates previous legislation, including the London Local Authorities and Transport for London Act 2008 and the Kent County Council (Filming on Highways) Act 2010, but we had some initial reservations about the limited procedural protection offered to property owners and the travelling public. These are similar issues to those raised by my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg), who can be reassured that the Government have had discussions with Hertfordshire county council. We are grateful that the council reassured the Government that when it puts in place film orders and film notices, it will—to the extent that there are no mandatory requirements in law—follow the procedures similar to those set out in the Road Traffic (Temporary Restrictions) Procedure Regulations 1992.

I heard my hon. Friend the Member for Christchurch (Mr Chope) musing on why Buckinghamshire county council should have asked him to sponsor a private Member’s Bill on a similar subject. I can assume only that, after his long hours of parliamentary scrutiny, it considers him to be the House’s expert.

[Mr Chope]

The council did not ask me to sponsor the Bill; it asked for my advice.

[Stephen Hammond]

I am happy to have that correction put on the record, but equally, I am sure that his advice was sought for exactly the same reason, given my hon. Friend’s extensive hours of scrutiny over various private Members’ Bills. I heard his comments and those of my right hon. Friend the Member for East Yorkshire (Sir Greg Knight) about the potential for looking at national legislation, and given that I am known as a most generous Minister, I am happy to offer the Under-Secretary of State for Transport, my hon. Friend the Member for Scarborough and Whitby (Mr Goodwill) for a meeting if they wish to pursue the point. None the less, the Government wish this Bill well on its Second Reading, and we have no objection to its moving forward through the House of Commons.

16:07

[Mr Clappison]

This has been a very good debate. I hope I was frank enough in it, and I am grateful to my hon. Friends for their acknowledgement of my frankness. There are issues to be debated. This Bill has to go through scrutiny in the same way as every other single Bill does: most, if not all of them, are much better for that process.

Good points have been raised in the debate. My hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) asked a pertinent point about whether this constituted an offence and, if so, what the penalty was. I can tell him that it is an offence in the same way as a transgression of existing provisions relating to other special events for which roads are closed is an offence under the Road Traffic Regulation (Special Events) Act 1994. I believe, although I could not swear to this, that a level 3 fine will apply in this case.

I very much hope that those responsible for enforcing the Bill will take a view on the public benefit and take cognisance of the public interest in deciding whether any such prosecutions should take place. I hope that that situation can largely be avoided. As my hon. Friend the Member for North East Somerset quite rightly said, members of the public who want access to their premises or who have other important reasons for going about their lawful business should be able to do so. I am sure that there will be a will for that to apply.

My hon. Friend the Member for Christchurch (Mr Chope) raised some important points about the time for which roads may be closed. I very much hope that it can be kept to a minimum. As I understand it, we have been talking about the maximum periods and on each occasion up to six of the orders might be applied for, but I hope again that this will be a maximum and that the filming can be completed in much less time. As a maximum, of course, it can be debated. I probably agree with the ideological views of my hon. Friend the Member for Christchurch as far as local and national public ownership are concerned. This seems to be a case on its own, an exceptional circumstance, as Hertsmere borough council owns the studios.

I can assure my hon. Friend that—as, indeed, I think he knows—Hertsmere is not, in fact, a hotbed of socialism, but very much a testing ground for Conservatism. In this instance it may be a pragmatic type of Conservatism, for thanks to the keen commercial acumen of the Conservative leadership of the council over the time—quite a few years now—for which it has owned the studios, they have been a great success. I could read out a long list of films that have been made there, and another list of contemporaneous television programmes. I have already mentioned “Strictly Come Dancing”, but I could mention many other programmes, including “Who Wants To Be A Millionaire?” and “Celebrity Big Brother”. The BBC studios are the home of “EastEnders”.

I can assure my hon. Friends that Hertfordshire, and Hertsmere in particular, are very important to the film industry, which is a great asset to our country. It does a lot of good for us economically, attracting investment and helping our balance of payments. I ask my hon. Friends to think about that carefully when they scrutinise the Bill. I ask them to bear it in mind that the country—and my constituency in particular—has an important interest in promoting our film industry, and that the Bill will help to promote it in the ways I have described.

Question put and agreed to.

Bill accordingly read a Second time, and committed.

Business without Debate

Tuesday 26th November 2013 Commons Chamber

Delegated Legislation

Motion made, and Question put forthwith (Standing Order No. 118(6)),

Immigration

That the draft Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013, which were laid before this House on 21 October, be approved.—(Amber Rudd.)

Question agreed to.

Motion made, and Question put forthwith (Standing Order No. 118(6)),

Companies

That the draft Small Companies (Micro-Entities’ Accounts) Regulations 2013, which were laid before this House on 23 October, be approved.—(Amber Rudd.)

Question agreed to.

Motion made, and Question put forthwith (Standing Order No. 118(6)),

Representation of the People, Northern Ireland

That the draft European Parliamentary Elections (Northern Ireland) (Amendment) (No. 2) Regulations 2013, which were laid before this House on 24 October, be approved.—(Amber Rudd.)

Question agreed to.

Motion made, and Question put forthwith (Standing Order No. 118(6)),

Northern Ireland

That the draft Local Elections (Northern Ireland) Order 2013, which was laid before this House on 30 October, be approved.—(Amber Rudd.)

Question agreed to.

Motion made, and Question put forthwith (Standing Order No. 118(6)),

Road Traffic

That the draft Motor Vehicles (International Circulation) (Amendment) Order 2013, which was laid before this House on 24 October, be approved.—(Amber Rudd.)

Question agreed to.

Business of the House (2 December)

Tuesday 26th November 2013 Commons Chamber

Debate resumed.

Question (25 November) again proposed,

That at the sitting on Monday 2 December, the Speaker shall put the Questions necessary to dispose of proceedings on the Motion in the name of Mr Andrew Lansley relating to select committee statements and the Motion in the name of Mr Charles Walker relating to backbench business (amendment of standing orders) not later than one and a half hours after the commencement of proceedings on the first of those Motions; such Questions shall include the Questions on any Amendments selected by the Speaker which may then be moved; proceedings on those Motions may continue, though opposed, after the moment of interruption; and Standing Order No. 41A (Deferred divisions) shall not apply.

16:12

[Mr Christopher Chope (Christchurch) (Con)]

It is good to have a reasonable slot in which to expand on the remarks that I was making just before 10 o’clock last night, and it is good to see that my right hon. Friend the Leader of the House is on the Front Bench and in a position to explain a bit of the background to the motion.

[Mr Peter Bone (Wellingborough) (Con)]

All the background.

[Mr Chope]

Indeed: all the background.

The purpose of the motion is to enable the House to sit until as late as 11.30 pm on Monday, or even later, in order to consider two motions, one of which proposes to amend Standing Orders. I wanted to know why the Leader of the House had decided that the business should be debated so late on Monday, after a Second Reading debate on the important Mesothelioma Bill. Why could it not be debated at some other time? I believe that the motion proposing amendments to Standing Orders has been on the Order Paper for a long time, and I understand from contacts that I have had with my own Whip that the Government are concerned about the possibility that the House will divide at 10 pm on Monday. The business is highly contentious, which is why Members have been told that they will not be allowed to be “slipped”, or that slips that had been granted to them have been withdrawn. That suggests the Government regard it as highly contentious. If they do, it is all the more reason it should be given a primetime slot, rather than pushed towards midnight on Monday.

On a more serious point, the motion restricts the amount of time during which the two issues can be debated. It states that

“the Questions necessary to dispose of the proceeding on the Motion…relating to select committee statements and the Motion in the name of”

the Chairman of the Procedure Committee, including on amendments, shall be put

“not later than one and a half hours after the commencement of those proceedings”.

That means that a maximum of three quarters of an hour is being given to each subject, including for the discussion of amendments and for votes on the first motion before the second motion is debated.

I am speaking now on the last item of business on a Tuesday afternoon before the Adjournment debate. The hon. Member for Argyll and Bute (Mr Reid), whose Adjournment debate it is, could therefore have an extended debate on the defence police and fire pensions review until 7.30 pm. I cannot understand why the business on 2 December is being so dealt with and why effectively we have to suspend Standing Orders and move this business motion. I am not normally of a suspicious disposition, but this raises various questions.

[Mr David Nuttall (Bury North) (Con)]

Does my hon. Friend think it bizarre that this motion could be debated for longer than the 90 minutes allotted for the actual debate next week?

[Mr Chope]

rose—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. That depends on the debate staying in order. Its subjects are the length of the debate proposed—an hour and a half—and its timing, which, as Mr Chope has said, is next Monday.

[Mr Chope]

Thank you, Madam Deputy Speaker. Indeed, I tried to limit my remarks to those two issues: the length of the debate and its timing next Monday. I look forward to hearing an explanation from the Leader of the House.

[Jacob Rees-Mogg (North East Somerset) (Con)]

I am puzzled by my hon. Friend’s view that after 10 pm on Monday is not a good time for debating these issues. What on earth else would anybody rather do than come to the House and debate these important matters?

[Mr Chope]

I would be happy, as I am sure my hon. Friend would be too, to debate these issues until 1, 2 or 3 o’clock on Tuesday morning, should the need arise. That is why, as I said, the more serious of my concerns is the time limit rather than the timing. Obviously, he and I will participate in the debate at whatever time is set down, but we need to think about how easily people outside can follow our proceedings.

[Mr Bone]

I am concerned about my hon. Friend; he is becoming a bit of a leftie and a liberal. Is he really suggesting that the House should sit 9 to 5? That is outrageous.

[Mr Chope]

That is a gross exaggeration of my position. I was suggesting to my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) that we should sit until we concluded the business, but that one advantage of having debates earlier—during primetime, as the Government would put it—is that they would be more likely to attract more interest from people scrutinising our affairs, who would not have to look at the historical record, but could watch it as it was happening.

[Mr Bone]

I am sorry that I misunderstood my hon. Friend’s point. I think he said earlier that slips were being cancelled and that people were being whipped, but that cannot possibly be right, because this is House business, and House business cannot be whipped.

[Madam Deputy Speaker (Dawn Primarolo)]

With respect, I would prefer the hon. Member for Christchurch (Mr Chope) not to answer that point. The purpose of the debate is to discuss only the date and the allocation of time. Nothing else is relevant to the specifics that we are dealing with.

[Mr Chope]

I shall not answer my hon. Friend, but I invite him to intervene on me again.

[Mr Bone]

With regard to the date and time of the debate in question, why does my hon. Friend think so many Members will be present?

[Madam Deputy Speaker]

Because they are good Members of Parliament.

[Mr Chope]

Madam Deputy Speaker, the sooner you are able to participate fully in our debates, the better. I invite you to come down and join the throng.

[Jacob Rees-Mogg]

I am simply concerned that, at that late hour, some Members might be tempted to go to nightclubs and things like that. It would be distressing if we were to have the debate at a time when that might happen.

[Mr Chope]

I hope that when the debate takes place, it will be allowed a longer period of time than the motion currently provides for, and that it will have a similar spirit of good humour to the one that is prevailing in this short debate. I see no reason for extending this debate; I am making only a short point. Why does the Leader of the House need to close down debate on these issues and limit the discussion to 45 minutes on each of the two subjects, one of which has been the subject of a Government amendment to the motion tabled by the Procedure Committee? If we are going to encourage Members to participate to the full in the work of the Select Committees, including the Procedure Committee, the least we can do is allow proper time for colleagues to debate and question the proposals of those Committees.

I do not think that 45 minutes for each subject is sufficient, and I would be interested to hear why the Leader of the House thinks that those time limits are sufficient and appropriate, particularly as we have quite a lot of surplus time available now. I was talking to a journalist earlier, and he suggested that the business for next week seemed extremely light. I put these questions to the Leader of the House in a spirit of friendship. I know that, even though he does not always succeed, he tries hard to accommodate the needs of Back Benchers.

16:23

[Mr Peter Bone (Wellingborough) (Con)]

It is a pleasure to follow my hon. Friend the Member for Christchurch (Mr Chope), who has made a lot of important points. My concern is the restriction of time for the debate to one and a half hours. We shall be discussing important changes to the way in which Back-Bench business is debated in the House. When this Parliament came into being, the Backbench Business Committee came into force and we took great steps towards greater transparency and accountability. That is to the great credit of the Government, but I am worried that there is sometimes a temptation for them to row back slightly in this regard.

The Leader of the House might well have a good explanation for the decision to limit the debate to one and a half hours. If he does not think that the debate will take more than that length of time, there is no need to bring in the restriction. If, however, he thinks that Members might want to speak for longer on this important matter, surely they should be able to do so. There seems to be no point in curtailing the debate, especially as the motion states that it will be allowed to

“continue, though opposed, after the moment of interruption”.

The Government have been very good on the questions of transparency and accountability and it is a shame that, on occasions such as these, they seem to row back a bit.

16:25

[The Leader of the House of Commons (Mr Andrew Lansley)]

As ever, I am grateful to my hon. Friends the Members for Christchurch (Mr Chope) and for Wellingborough (Mr Bone) for their good-natured contributions. It is entirely right that they should ask a number of questions about this motion as the time permits. It might be sensible if I make it clear that the business of the House motion has two main effects. First, it allows the House to take the two motions together for debate. Given that both relate to the work of the Backbench Business Committee, that seemed entirely sensible, as it would not otherwise have been possible for them to be brought together in one debate. Secondly, it specifies a maximum time for debate of one and a half hours, as my hon. Friends have noted. My view is that that is an entirely sensible period to allow for this debate. I freely admit that that is a judgment about the amount of time in which the issues that arise on these two motions are likely to be debated. My personal view is that the second motion, relating to the capacity for Select Committee reports to be launched, will not detain the House for long, as we have seen in practice, but it needs to be regularised in the structure of the provision of Backbench Business Committee time.

[Mr Bone]

I thank the Leader of the House for the explanation he has given so far. If the motions had been tabled separately, he would almost certainly have granted one and a half hours for each of them. I do not think he would have granted a 45-minute debate; so a good compromise might be to extend the total time to three hours.

[Mr Lansley]

I think I have explained straightforwardly the judgment I have made, which is that the two motions relating to the work of the Backbench Business Committee in the House can be brought together perfectly sensibly. The latter motion, which I understand has the support of the Chairs of the Liaison Committee and the Backbench Business Committee, would not detain us at any great length. From my point of view, in order to protect Government time, it is important for us to ensure that we have allowed these motions to be brought forward for the House to debate. I freely admit to the House that it has been difficult to find Government time. The Backbench Business Committee, as my hon. Friends will know, does not have the capacity to use its own time to bring forward its own motions relating to itself. [Interruption.] That is a separate debate, but the Committee does not have that capacity under the Standing Orders. For these motions to be debated, Government time has to be used, and so I have looked, along with my colleagues, to ensure that we find such an opportunity. That has been difficult and we have made the appropriate judgment in securing the possibility of time.

It is entirely a matter of speculation as to whether the Mesothelioma Bill will absorb all the time through to 10 pm. The assumption being made is that it will do so, and if it does, so be it. If we commence this debate after the moment of interruption, I do not want it to extend for a long period beyond 10 pm, although I am happy for the debate to go beyond 10 pm if necessary.

[Mr Chope]

My right hon. Friend makes an important point—he says that he does not want the debate to go on for more than one and a half hours after the moment of interruption. Unfortunately, that is not what his motion says. His motion says that it cannot go on for more than one and a half hours after it starts. Perhaps he would be willing to withdraw this business motion and table an amended motion saying that we could have the maximum of one and a half hours after the moment of interruption.

[Mr Lansley]

I point out to my hon. Friend that I have said two things. I have said, first, that I do not think that the debate requires more time than one and a half hours, and it is Government time that we have found for the purpose. I have said, secondly, that I would not wish it to go for more than one and a half hours beyond the moment of interruption. It does not follow that I think it requires three hours—in any circumstances.

Yesterday, my hon. Friend the Member for Christchurch questioned the need for the Standing Orders to be amended. He knows that this motion exempts the business from both the moment of interruption and the Standing Order relating to deferred Divisions, and he will understand that Standing Orders are amended regularly for such purposes. The motions for debate next Monday result from the work of the Procedure Committee, and it is right that the House is given the opportunity to resolve those issues.

[Jacob Rees-Mogg]

To follow up the point made by my hon. Friend the Member for Christchurch, it would be a pity if we went home early on Monday, would it not? If the earlier debate were to finish well before 8.30 pm, it would be a shame if the House’s business came to an end before the normal hour of closure.

[Mr Lansley]

In scheduling business, my purpose is to ensure that there is time available for all the business. My objective is not to fill time. I say gently to my hon. Friends that they could have raised the matter when I announced provisional business at business questions last Thursday. They have done so in the past. They have raised issues after business questions and, on occasions, I have taken those issues away and we have amended the timing and the character of business. In this particular instance, I have to say that the motion relating to Back-Bench business has been on the Order Paper since before the summer recess. It relates to a report published by the Procedure Committee in November 2012. It has taken us more time than we would have wished to bring it forward. The Procedure Committee was rightly keen that we should schedule that business. We have done so, and we have given it adequate time. From my point of view, I hope that the House will allow the business to go forward as proposed in motion 9, which I moved yesterday.

Question put and agreed to.

Defence Police and Fire Pensions

Tuesday 26th November 2013 Commons Chamber

Motion made, and Question proposed, That this House do now adjourn.—(Amber Rudd.)

16:31

[Mr Alan Reid (Argyll and Bute) (LD)]

I thank Mr Speaker for granting me tonight’s debate. I want to express my thanks to Mr Eamon Keating of the Defence Police Federation and to Dave Kirby of the defence fire and rescue section of Unite for their help in preparing for this debate.

Many of my constituents work as police officers and firefighters at the naval bases of Faslane and Coulport. They are a dedicated and skilled work force. However, they have been caught out by what I believe is an anomaly in the Public Service Pensions Act 2013. The anomaly arose because defence police and fire personnel have traditionally been on civil service terms and conditions rather than on conditions comparable with the country’s other police and fire services. As they are on civil service terms and conditions, their retirement age had been 60.

The previous Government imposed a pension settlement, which meant that new recruits to the defence police and fire services have a retirement age of 65. However, efficiency savings have meant that very few recruits have joined those services since then and more than 90% of the current work force have a retirement age of 60. Those who have a retirement age of 65 tend to be younger people who have joined recently, so it is unlikely that there is anybody over 60 working at the moment.

The present Government inherited that situation. The unique circumstances of the defence police and fire personnel were then overlooked by Lord Hutton when he prepared his report on public service pensions.

Through the medium of the Public Service Pensions Act, the Government have faithfully implemented Lord Hutton’s recommendations, one of which was that those in occupations for which the normal pension age had traditionally been under 60 should have a normal retirement age of 60. That applies to the uniformed services: the armed forces and all police and fire services except those in the Ministry of Defence.

However, Lord Hutton has subsequently said that he was not aware of the unique circumstances of the defence police and fire personnel when he compiled his report. He added that had he been aware, he would have recommended that they be treated the same as the other uniformed services, with a retirement age of 60. I hope the Government will take on board Lord Hutton’s admission that he made a mistake.

The Public Service Pensions Act implements Lord Hutton’s recommendation of a retirement age equal to the state pension age for public sector workers other than the exceptions already mentioned. That means a retirement age of 65 rising over time to 68. My understanding is that the Government have already agreed that the retirement age for defence police and firefighters will not rise above 65 when the state pension age does. I would be grateful if the Minister could confirm that tonight.

The number of personnel involved is very small—about 3,500 in total out of a civil service work force of about 700,000. Defence police and firefighters do a vital job that involves putting themselves in dangerous situations and requires a high degree of fitness. Fighting a fire on a vessel at sea requires a person to be extremely fit and also extremely quick thinking. The same degree of fitness is required for police officers who have to wear body armour and carry a heavy weapon.

[David Wright (Telford) (Lab)]

Obviously, there are similar personnel in areas such as Telford, where there is a large MOD footprint. Does the hon. Gentleman agree that what we need for this group of people who do a great job for our country, often in difficult circumstances, is a pretty comprehensive review of their terms and conditions? I hope to hear the Government’s view tonight, but a future armed forces Bill might pick up on this issue and consider these workers’ terms and conditions as well as their status. I believe that they deserve a very high status indeed.

[Mr Reid]

I agree with the hon. Gentleman that these workers deserve a high status. The review I shall talk about later is of pensions and the retirement age, but I certainly agree and hope that this Government or a future Government will conduct a wholesale review of those people’s terms and conditions.

Like all other uniformed services, defence firefighters and police have to be ready to go instantly from a state of rest to 100% alertness and high physical exertion. That puts a heavy strain on the body and, as someone nearing 60, I know that we all have to accept that age takes its toll on us.

What makes the uniformed services different from workers in manual jobs is the need to go instantly to a 100% level of alertness and effort. Many other manual jobs involve hard work, but it tends to be done at a steady rate over several hours, whereas the uniformed services have to go to their 100% physical and mental peak immediately.

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

The hon. Gentleman will be aware that I, too, represent MOD police in my constituency. They do a job that requires them not only to be fit and alert at times of crisis but to keep up arduous standards of fitness in preparation for any eventuality. The key issue is that it is often a false economy to keep people working beyond the peak of their physical fitness. If they have to leave work owing to ill health, that can be more expensive in the long run.

[Mr Reid]

The hon. Lady is perfectly correct. I shall talk about that aspect of the problem later. She is right that the defence police and fire personnel need a high level of fitness or they will be forced to take early retirement. That question leads me nicely on to the next part of my speech because I want to draw the House’s attention to a report produced for the Ministry of Defence by Dr P. Griffin, a consultant adviser in occupational medicine. The report makes it clear that a person’s ability to function at peak physical and mental alertness declines once they are over 60. I hope that the Government will take that report into account during their review.

Defence police and firefighters have to undertake regular fitness checks and demonstrate a high degree of fitness. I am concerned that if they have to work beyond 60, many of them will fail those tests before they reach the normal retirement age. Having a high proportion of personnel retire early on health grounds is no way to manage vital services such as policing and firefighting.

During the later stages of the Public Service Pensions Bill, I was pleased that the Government gave an undertaking to review the effects of defence police and fire fighters working until 65. That undertaking became section 36 of the Public Service Pensions Act, and I want some answers to questions I shall put to the Minister tonight.

[Gemma Doyle (West Dunbartonshire) (Lab/Co-op)]

Will the hon. Gentleman give way?

[Madam Deputy Speaker (Dawn Primarolo)]

Order. This is an Adjournment debate. Opposition Front-Bench Members cannot intervene from the Dispatch Box in an Adjournment debate. Interventions can be taken from Back Benchers.

[Mr Reid]

The review is to be presented to Parliament no later than 24 December, so time is short. The report will look at the impact of the Public Service Pensions Act 2013 on the health and well-being of defence police and firefighters, and at the ability of those over 60 to meet the strict fitness requirements that are needed for the important and dangerous job that they do. The report will also consider the consequences of early retirement for workers who are forced to retire early on health grounds because they cannot meet the stringent fitness requirements. It will also look at the likely cost to the taxpayer.

If the retirement age is 65 and significant numbers of personnel are forced to retire early on health grounds, both the taxpayer and the worker will lose out. The worker will lose out because they will not get the full pension that they expected; the taxpayer will lose out because the amount that has been paid into the pension pot will not cover the cost of the pension if it is paid out early.

[John McDonnell (Hayes and Harlington) (Lab)]

The hon. Gentleman may recall the debate on the Bill; I was party to it as well. The impression that Ministers gave then was that this category of workers was an anomaly that had not been dealt with in the legislation. There was cross-party anxiety about this issue. I think that the hon. Gentleman will agree with me that, to get the legislation through, the Government gave the impression that this group of workers would be treated fairly and consistently with others working in this field, which meant that they would not be expected to work longer because of the physical capacity problems they would experience.

[Mr Reid]

I remember the hon. Gentleman’s contribution to the debate on Lords amendments. In response to the concerns expressed by hon. Members on both sides of the House, the Government tabled a new clause which became section 36 of the Act, which set up the review that we are now discussing. I hope and expect that that review will recommend an age of 60, for all the reasons that I have given and some that I shall go on to explain. I hope that the review will make that recommendation. If it does, I will certainly expect the Government to accept the outcome.

[John McDonnell]

Perhaps I can make the point more clearly. I think that the passage of the Bill was secured only because of those assurances. There was such strength of feeling across the House and across parties about this group of workers in particular that others would have objected to the Bill overall if the new clause had not been inserted and if assurances had not been given that this group of workers would be treated sympathetically.

[Mr Reid]

My expectation was that the review would recommend a retirement age of 60, and that the Government would accept it, and that is what I hope will happen.

I simply do not believe that it would be right for these workers to work beyond 60. The most appropriate comparison is with other firefighters and police officers. Members of all the other fire services and police services in the country are allowed to retire at 60 under the provisions of section 10 of the Public Service Pensions Act. Those staff whose pension conditions are being investigated by the review have important knowledge about their jobs, so I hope that the review team is consulting them. People who are actually doing the job can give information that no one else can so it is important that they are consulted.

I have some questions which I hope the Minister will be able to answer tonight. What consultation have the Government had with the work force representatives—the Defence Police Federation and the defence fire and rescue services section of Unite? What further consultation will be held with these representative bodies before the review report is completed? Will the Minister confirm that they will be able to see a draft before final publication and feed their views into the process?

Another important question for the Minister is whether the publication of the review will be the final word, or the basis for further consultation and negotiation. What research has been carried out to establish whether people over 60 are likely to have the fitness required to carry out the duties of defence police and firefighters without long absences from work, and what proportion would be likely to retire early on health grounds before reaching the age of 65 because they did not meet the stringent fitness requirements?

[David Wright]

I strongly support the hon. Gentleman. This is not just about fighting those fires that have an impact only on bases. He will be aware that in Telford and Wrekin a few decades ago, there was a huge fire at MOD Donnington, which affected the entire community around that base. It is in the public interest to ensure that those on MOD bases who have to fight fires are capable of doing so in the most efficient way.

[Mr Reid]

Yes, and I certainly remember the fire that the hon. Gentleman refers to; it was in all the news media. He is perfectly correct: this is a vital job. In Faslane in my constituency, there are nuclear submarines. We are talking about a very strenuous and highly skilled job and one that is very important, not just because of the assets on the base but for the general public.

Unite has supplied figures that are specific to age-banding and to ailments including those involving the heart, strokes and blood pressure, muscle and bone, and anxiety and depression. It also looked at long-term sickness over a 24-month period. It obtained those figures from medical and absence data provided by Defence Business Services, and has asked for the inclusion of those figures in the report. Will Unite’s figures be taken into account when the report is compiled? What plans do the Government have for a balanced, fair and equal retirement strategy for those individuals who may not be able to maintain the stringent fitness requirements?

The civil service pension scheme historically had a lower employee contribution than police and fire service pension schemes, so defence police and fire service workers had net pay deductions and abatements taken off their pay in an attempt to give parity with other police and fire services. However, the impact of these deductions has been that the defence firefighters’ pension is based on net pay after those deductions, rather than on their gross pay. Other police and fire service staff receive a pension based on their gross pay before employee superannuation payments are deducted. An actuary engaged by the Defence Police Federation has said that the abatement and net pay deduction system is antiquated and very unfair. There may have been a logic to the system when it was introduced 30-odd years ago, but over time it has become antiquated. I hope that that will be looked into as part of the review.

If defence police and firefighters have to work on beyond 60, they will be contributing more towards their pension and collecting it for less time than their colleagues in other police forces and fire services. I hope that the Government agree that there should be parity, in pension terms, between defence police and firefighters and those who come under the remit of other Government Departments and the devolved Administrations. In addition to investigating whether people over 60 are likely to be physically fit enough to carry out policing and firefighting duties, the review should look at levels of abatement of pay and net pay deductions. In that regard, I draw the House’s attention to what was said during the final debate on the Public Service Pensions Bill on 24 April by the hon. Member for Bromsgrove (Sajid Javid), then Economic Secretary to the Treasury, and now Financial Secretary to the Treasury:

“I agree that abatement, which the hon. Member for Nottingham East and my right hon. Friend the Member for Bermondsey and Old Southwark raised, is an important issue. It is therefore important that the MOD review considers it. It will have to consider a broad range of issues affecting the workers in question, including all pay and remuneration conditions and other potential benefits. It will have to examine the matter in its totality, and I would expect nothing else.”—[Official Report, 24 April 2013; Vol. 561, c. 912.]

I hope that the Minister can tell us tonight about that aspect of the review. Pensions calculations are notoriously complex, and I would ask that as well as a recommendation in the review on the level of employee superannuation contributions, all the calculations behind this recommendation be published for checking and comment.

Defence police and firefighters do an extremely important and strenuous job. I simply do not think it is right that they should be asked to continue doing it beyond 60. Sixty-five-year-olds should not be fighting fires or tackling terrorists. I draw the attention of the House to what was said by Phil Salt, the chief fire officer of the Defence Fire Risk Management Organisation, who is on record as fully backing a retirement age of 60. I understand that senior officers in the Ministry of Defence police share this view.

Police, fire and rescue personnel working in the Ministry of Defence should be allowed to retire at the same age as their counterparts in the country’s other police and fire services. I hope that that will be the outcome of the review and I look forward to the Minister’s answers.

16:50

[John McDonnell (Hayes and Harlington) (Lab)]

I thank and congratulate the hon. Member for Argyll and Bute (Mr Reid) on bringing this issue to the attention of the House at a key time before the review is finally published.

I want to go back to the original debate, because it is important that we set the issue in the right context. To be frank, we approached it in legislation quite late in the day. This seemed to be an area of service that had been missed out in the debate on pensions. The emphasis in that debate—and this is exactly the final point made by the hon. Gentleman—was on the physical capacity of that group of workers to do the job once they reached the age of 60.

I have seen some of the figures that Unite has submitted as part of the review, and they demonstrate that for workers over the age of 60 in this field the absentee rate doubles as a result of sickness and incapacity. That is a clear indication that it becomes more difficult to undertake the job. The argument has been made—we debated this in the context of the Fire Brigades Union dispute—that if someone is incapable of achieving the required fitness levels, they might be redeployed within the service. We have discovered that those vacancies do not exist, so redeployment is not really an option. People face continuing in the job at a risk to their health—lack of fitness quickly becomes incapacity, as we have seen in other emergency services—or they face losing their job with a reduced pension as a result of having to withdraw from the service. There are certainly no opportunities for redeployment.

The whole issue is the unfairness of the situation. When people are called out to tackle a fire or for any other incident, they are all called out to do the same task. They do not have on their helmet something saying “Reduced duties” or “Unfit for lifting certain ladders”. They are all called to do the same task, so they all require the same fitness levels. As a result of our concerns, at least we managed to insert into the Bill provisions for a proper review that took into account the issue of fitness and ageing with regard to the responsibilities people were required to discharge.

My understanding is that some aspects of the review are based, for example, on 12 months of absentee rates rather than on 24 months. I hope that the review will look comprehensively at all the information—and as the hon. Gentleman has said, the word we have is that management support the workers in their demands, because they understand the nature of the role that they have to perform—but, whatever the review says, at the end of the day it is for Ministers and Government to decide. I return to the point that I made earlier: when that legislation was going through the House a common-sense view was taken by the majority of members that, yes, a review would take place, but it would take into account the strength of feeling among Members of Parliament, who recognised the importance of that role and the difficulties of discharging it for an ageing work force if people have to stay on beyond 60.

That common-sense view was accepted by the House, and I hope that the Government clear the matter up, forget the review, make a decision and implement it rapidly to reassure the workers concerned. I remember the debate, because Member after Member stood up to praise the service provided by that group of workers. I remember them being described as loyal professionals undertaking their task in a way that we all commended, and putting their lives at risk at different times in their history. Now that the review, as the hon. Gentleman said, is more open and transparent, I hope that the drafts will be provided to all the parties concerned in advance of publication so that they are aware of what is coming, and that Ministers will deal with the matter speedily and in the way that the House directed, which was to ensure that these workers are not discriminated against, they are treated like others, and the special circumstances of their job are properly taken into account.

16:55

[The Parliamentary Under-Secretary of State for Defence (Anna Soubry)]

I congratulate my hon. Friend the Member for Argyll and Bute (Mr Reid) on securing this debate and on his tenacity and diligence on the issue. I am aware that there is, and has been, a great deal of interest in this matter. I thank the hon. Member for Hayes and Harlington (John McDonnell) for his speech. He reminds us that the topic attracted a number of speakers during the passage of the Bill and of the importance that many attached to it.

It is important to set out that members of the Ministry of Defence police and the defence fire and rescue service are civil servants. Although there are similarities in the roles and responsibilities of both groups when compared to their Home Office and local authority colleagues, I would say that they are not the same. I believe that that has been recognised historically.

By way of history and some background, the 1979 Wright committee that examined the Ministry of Defence police found significant differences in their role when compared with what we call the Home Department police forces—the ordinary police officers and police forces as we ordinary citizens know them. For example, at that time—back in the 1970s—the work was essentially routine and involved a high proportion of static duty, largely because of the high degree of security.

In 1994 a study led by Sir John Blelloch recognised that there had been a significant change in the role of the Ministry of Defence police since the Wright report. Most notably, a requirement had been introduced for all MDP officers to have the capability to be armed. The MDP had also moved away from routine security towards higher-value armed guarding roles. Nevertheless, Blelloch noted that there were still substantial differences between the role of the MDP and the role of Home Department forces, such as the lower level of crime dealt with and the attendant physical stresses and strains placed upon Home Department police forces, as opposed to their counterparts in the MDP.

It might be helpful for the House to know that a much wider review of terms and conditions of service concerning the Ministry of Defence police is currently being conducted. This review, although begun earlier, is being taken forward in the light of the outcome of the independent review of the remuneration and conditions of service of police officers and police staff in England and Wales that was undertaken for the Home Secretary by Tom Winsor.

The defence fire and rescue service is subject to rigorous modernisation and efficiency initiatives, including the examination of opportunities for greater private sector involvement through the defence fire and rescue project which is in its assessment stage following initial gate approval, as it is called.

The Ministry of Defence police and the defence fire and rescue service personnel have always been members of the principal civil service pension scheme, as are all uniformed civil servants. Therefore they are subject to the normal pension age of that scheme which is 65, although the closed sections have a normal pension age of 60. The civil service unions have already accepted this move to a normal pension age of 65 for all staff joining since—after, in other words—2007. Prospect and Unite, which represent members of the defence fire and rescue service, were two of those unions.

As I am sure Members will be aware, in 2010 Lord Hutton conducted a review of public sector pensions. He recommended that the normal pension age for civil servants should rise in line with the increasing state pension age, but he made an exception, as we have heard, for the armed forces, firefighters employed by local authorities and Home Department police forces. For those individuals, he proposed that the normal pension age should be set at 60, but only where their normal pension age was currently below 60. That would have the effect of their pension age increasing in line with that of other public servants.

Following the review into public sector pensions, both the Defence Police Federation, which represents the Ministry of Defence police, and Unite, which represents the firefighter grades of the defence fire and rescue service, lobbied the Lords. They wished that exception to be extended to them so that their normal pension age would not only not rise in line with the state pension age, but reduce from 65 to 60.

As we have heard, the Public Service Pensions Bill was last debated in the House on 24 April this year. The Lords amendment proposed at the time was accepted by the Financial Secretary to the Treasury. He announced that the Ministry of Defence would prepare and lay before the House a report on the likely effect on both groups of staff of the normal pension age increasing in line with the state pension age. The report was to consider the following three issues: the likely effect of the increased pension age on the health and well-being of the two groups; the likely effect on their ability to continue to meet operational requirements; and the extent to which they were likely to take early retirement as a consequence of the increase in normal pension age, and the consequences of that for them and for the taxpayer.

On 15 May the Ministry of Defence set out the report’s terms of reference, which were simply to

“review the Normal Pension Age of both the Ministry of Defence Police and Defence Fire and Rescue Service personnel”.

Those terms of reference were communicated to the respective trade unions and accepted without amendment. As part of the review, my Department has consulted the relevant trade unions and the chief constable of the Ministry of Defence police and the chief fire officer of the defence fire and rescue service.

[David Wright]

The Minister says that she has consulted the unions. She might not be able today to give the dates on which those meetings took place, but could she provide that information in the Library of the House?

[Anna Soubry]

I see no reason why not, so I am more than happy to do so. I should have explained, as I often do in these debates, that if I do not answer the various matters raised by hon. Members in the course of my speech, I will write to them.

[Mr Reid]

My hon. Friend said that there were discussions with the trade unions. For clarification, the Defence Police Federation has reminded me that it is a professional association, not a trade union. I just wanted to check whether it had been consulted along with the trade unions.

[Anna Soubry]

I am so sorry—this is entirely my fault, because I was specifically briefed on that—but I have completely forgotten the answer to that question. I am grateful to my hon. Friend for rightly raising that point about the Defence Police Federation. I know that there is an answer to his question, and it might be provided to me in the course of my speech. If it is not, I undertake to put it all in the Library. There is no difficulty at all in doing that.

I will now turn to the specific points my hon. Friend raised. I thank him for providing a copy of his speech, which is so helpful in these circumstances. I fear that I will be unable to answer all his questions, because of the short time available to us. The MOD will review the levels of abatement of pay and net pay deductions as part of the continuing and wider work into the terms and conditions of service and the future of both the MDP and the defence fire and rescue service. It is as part of that work that we are reviewing pension calculations.

We are also reviewing all pay and remuneration conditions and other potential benefits. For the purposes of that report, the Defence Secretary directed that the review should concentrate on the questions posed by the Act. As I have already stated, a separate continuing review is looking at the broader issues. The Department has engaged with the Defence Police Federation—I think that that answers my hon. Friend’s question—and the defence fire and rescue service section of Unite. Engagement with the federation has been through the quarterly police committee, the monthly Ministry of Defence police management board, and regular meetings in respect of the separate terms and conditions of service review.

Unite was briefed by relevant business units at the outset of the review. It has been engaged in agreeing the statement of requirement that, as I explained, was submitted to the Government Actuary’s Department, and it was invited to attend workshops and make separate submissions to the review as it has progressed. Unite is fully aware of the business units’ conclusions, and its concerns and points of view have been considered by the review. The reports due to be laid in the House—I will give the dates in a moment—will form part of the continuing discussions regarding future changes to the terms and conditions of both groups, including their pension age. I am reliably informed that staff representatives will have a copy of the report before it is published, and that is an eminently sensible idea.

[David Wright]

The Minister is relatively new to her post but I have experience of working with her in other areas of work and she is always fair and equitable. Is she willing, as the Minister involved at this point, to meet the trade unions to talk through some of the issues that the hon. Member for Argyll and Bute (Mr Reid) has raised? That would be very welcome.

[Anna Soubry]

As an old trade unionist—a proud shop steward, I might say, of the National Union of Journalists—I am more than happy to meet the hon. Gentleman, my new friend. I have absolutely no problem with that, or with meeting my hon. Friend the Member for Argyll and Bute and trade union representatives. It might be fair to add the Defence Police Federation. It is always a pleasure to talk to the federation.

In respect of parity, the MOD acknowledges that defence police and firefighters deliver a professional and valued service to the Department and, not least, to the nation. There are significant differences in how they carry out their roles and responsibilities as compared with those under the remit of the Department for Communities and Local Government and the Home Office, and it is only right that that should be reflected in their terms and conditions of service.

During the review of the pension age, the MOD has considered a number of studies on the fitness levels of people over 60 and their ability to carry out their duties without long absences from work, including the likelihood of early retirement before the age of 65. These will all be referenced in the report. In addition, we have taken account of the management information available within the MOD. Individuals who find that they are unable to maintain the fitness capability required will continue to be exited under the regulations that are applicable to their pension scheme membership.

I hope that I have addressed all the questions raised by my hon. Friend the Member for Argyll and Bute and others; if not, I will do so by way of letter. We must not forget that we agreed to undertake a review into the likely effects of an increase in the normal pension age beyond 65 on Ministry of Defence police and defence fire and rescue service personnel and, as part of that review, we will consider the three matters that I have outlined. I can assure Members that that is what we are doing. The review is due to be completed by 24 December this year and the Department is on track to meet that deadline. The report will be laid in the House before it rises on 19 December.

Question put and agreed to.

17:08

House adjourned.