Debates between James Cartlidge and Kevin Hollinrake during the 2017-2019 Parliament

Fri 11th May 2018
Parental Bereavement (Leave and Pay) Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons
Wed 19th Jul 2017

Early Parliamentary General Election (No. 2)

Debate between James Cartlidge and Kevin Hollinrake
Monday 9th September 2019

(4 years, 8 months ago)

Commons Chamber
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Kevin Hollinrake Portrait Kevin Hollinrake (Thirsk and Malton) (Con)
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I am pleased to be called in this debate and to follow the right hon. Member for Knowsley (Sir George Howarth).

I have lost count of the number of times in my travels through the beautiful constituency of Thirsk and Malton when I have been approached by people saying, “What on earth are you lot doing down there? Why can’t you simply sort it out together?” The reality is that there are three reasons why we cannot do so.

The first is, of course, that there are an awful lot of remain MPs in this Parliament, and I speak as a remain Member of Parliament. I voted to remain and if there was another referendum I would vote to remain again, but I do not advocate a referendum. I have had my fill of referendums. I also voted in this place to give the people a vote to decide whether we stay or we leave. Nevertheless, if people are straightforward, when push comes to shove, a number of MPs in this place do want a second referendum, whatever they might say.

The second reason is party politics, and the Leader of the Opposition is of course the worst culprit. He claims now that to leave the European Union with the wrong deal would be catastrophic, despite the fact that for decades he campaigned to leave the European Union on any terms possible. The reality is that when the previous Prime Minister’s deal came back before the House—a fair deal, in my view—90% of my colleagues on the Government side of the House voted to pass that deal, while only 2% of Labour Members voted for it—five Members of Parliament. Too much party politics got in the way of a sensible deal.

Finally, on Brexit perfection, 10% of my colleagues on this side of the House, for whatever reason—the deal was either too hot or too cold—did not vote for that deal. It was not seen as the Goldilocks deal. Some people said that it was not Brexit. Some said that the people had voted for a completely clean break. The reality is that the Vote Leave campaign said clearly in its manifesto that there is a European free trade zone that stretches from Iceland to the borders of Russia, and when we left we would be part of it.

It is quite reasonable for people to expect a deal when we leave, which was why the previous Prime Minister set out her red lines and brought back a deal, which respected the promises that were made before the referendum. To settle the issue, Opposition Members often ask for a people’s vote. Now is the right time for a people’s vote.

James Cartlidge Portrait James Cartlidge (South Suffolk) (Con)
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As always, my hon. Friend is making a brilliant point. The only sadness about proroguing is that we will not have the Treasury Committee chairmanship elections. Many members of the public are opening their front door and finding on the doormat a Labour leaflet that says, “We want a general election, and we want it now.” Is that not confusing for them?

Kevin Hollinrake Portrait Kevin Hollinrake
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It is very confusing. I, too, regret that we will not be here on Wednesday to complete the final election process for the Treasury Committee.

Nevertheless, now is the perfect time for a general election. If Opposition Members are right and the public do not want deal or no deal, the public will vote in their favour. They will return a coalition Government or another Government who can take their choice forward. If they feel that they want to move down the track of deal or no deal, they will vote for the Conservatives and their policy of delivering Brexit on 31 October this year. Now is the right time to trust the people to make that choice. Is it simply political advantage that is getting in the way of that? There are two imperatives in keeping the deadline of 31 October. The first is getting a deal with the European Union with that deadline of 31 October, and the second is that when the deal returns to the House—I believe the Prime Minister can deliver that—Members across the House will have a choice either to vote for a deal or to vote for no deal. Surely they will choose a deal and we will leave on 31 October.

Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill

Debate between James Cartlidge and Kevin Hollinrake
James Cartlidge Portrait James Cartlidge
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That needs no further comment—it was brilliantly put, as always, by my hon. Friend. I look forward to hearing from him today, as we so often do on private Members’ Bills.

Kevin Hollinrake Portrait Kevin Hollinrake
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My hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) referred to the principles that lie at the heart of the Bill and this particular part of it in terms of equality, as did my hon. Friend the Member for Solihull (Julian Knight), but there is something else as well. My hon. Friend the Member for South Suffolk (James Cartlidge) read out the note from his constituent—I think he said she was a councillor—and she used the words, “We would have chosen”. Is not the principle choice and freedom? Today more than ever we should absolutely make sure that we reinforce that principle at the heart of the Bill.

James Cartlidge Portrait James Cartlidge
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My hon. Friend makes an excellent contribution and he is absolutely right. It is interesting that the Bill brings not only choice, but responsibility. We are not talking about some sort of libertarian agenda. The Bill provides a chance to have a choice and also to bring greater stability to people’s lives and for the children that they may have, so that is a very good point.

I want to make one more point about my researcher, Councillor Steer, whose testimony on this important matter I read out. It is fair to say that she is not a Brexiteer and that she sees certain advantages in marrying a Swede—although, of course, that is not the reason. I raised that point in intervening on my hon. Friend the Member for East Worthing and Shoreham, the promoter of this very good Bill, because it is important and will bring focus in future to what happens on someone’s nationality if they have a civil partnership as opposed to a marriage, and so on. However, there are finer legal minds in the Chamber today to comment on these matters, and I will leave that to them.

On timing, it is interesting that my researcher would have chosen the option under the Bill. The sooner that it can be available, the better, because there really are people on whose lives the Bill would impact and who would choose to go down this route. It is satisfying to know that the very latest that the provisions may be used is new year’s eve. I imagine that if that is when there is the first civil partnership under the Bill, there will be quite a party.

Finally, I note that amendment 1 refers to the “financial consequences” of civil partnership. In my experience, there is a lot of complexity around inheritance tax regulations, pensions and so on, and I hope that others may be able to clarify the implications of some of those points. I am very happy to support the Bill. Not only is it a very good Bill in the areas that it covers, such as marriage certificates and others, but I think it will be historic and in future standard practice by which people cement commitment and show their love for each other in a way that is no more or less worthy than any other.

Parental Bereavement (Leave and Pay) Bill

Debate between James Cartlidge and Kevin Hollinrake
James Cartlidge Portrait James Cartlidge (South Suffolk) (Con)
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My hon. Friend is making a very good speech. Some powerful arguments have been made on both sides about the 18 threshold. Is my hon. Friend at least reassured that, as I understand it, parents of those over 18 would be covered by the “reasonableness” provisions?

Kevin Hollinrake Portrait Kevin Hollinrake
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indicated assent.

--- Later in debate ---
James Cartlidge Portrait James Cartlidge
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It is a pleasure to follow my hon. Friend the Member for Mid Worcestershire (Nigel Huddleston), who made an excellent speech. I join him and others in congratulating my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) on introducing the Bill.

While this has been a cross-party effort—I congratulate everyone who has contributed—I am particularly proud to be part of a cohort of heart-on-sleeve-wearing compassionate Conservatives who have done their constituents and their country proud by delivering change in an area that really matters to people. The cost of the Bill is tiny, as we have heard, but the cost to people who experience bereavement is immeasurable. I hope that I never experience such bereavement. Indeed, I regard myself as incredibly fortunate to have had four healthy children.

I rise to speak to amendments 22 and 8, and briefly to amendments 21, 24 and 25 on the cut-off point. On amendment 22, the hon. Member for North Ayrshire and Arran (Patricia Gibson) and my hon. Friend the Member for Torbay (Kevin Foster) spoke extremely well about the way in which the period of leave will be taken and the need for flexibility.

I have four children, and I was a self-employed company owner. When I had the first two, the company was basically just me, so I did not really take leave. When I had Nos. 3 and 4, I was fortunate that the company had a few more staff, so I was able to take proper leave— Nos. 3 and 4 came at the same time, meaning there was somewhat more need for my support. That period soon ran into the selection process for my constituency and a lot of time pressure, so I was pleased to be in that position, but of course many people are not.

The consultation, entirely reasonably and rationally, says that in considering the structure of the time block for this leave, we will consider the existing arrangements for maternity and paternity leave. Whenever we legislate, it is entirely rational that we look at existing measures so that we do not reinvent the wheel. Page 13 of the consultation says:

“The Bill has mirrored existing provisions for family related leave and pay rights where possible and, in particular, Paternity Leave and Pay. But where the detail is left to be set in regulations, the regulations could be different to those for existing rights.”

This is the key point:

“Paternity Leave and Pay cannot be taken in separate blocks of a week: a father or partner is merely able to choose whether to take just one or both of the weeks available.”

I have been particularly moved by the arguments made today that underline why bereavement leave is very different from paternity leave, and why the circumstances could require extra flexibility.

The hon. Member for North Ayrshire and Arran gave good examples of why we might want flexibility. She talked about court hearings—I think there is a different phrase for inquiries in Scotland—and the fact that more flexibility might be needed in such circumstances. It is important that what we do in this place mirrors what happens in the real world.

In contrast, when I think back to being a new dad, it seems rational that paternity leave is taken in a single block, ideally when the child is born, when help is most needed. With my first child—my daughter—I well remember the intensity of those early days, when I prayed every hour that the baby would at some point sleep through the night. There is an early period of intensity that a parent sincerely hopes will reduce, which is why there is sense in taking the block together. That is a rational position. We have heard powerful examples from hon. Members about the need for flexibility on bereavement leave, however, so I hope that the Minister will respond to them.

Kevin Hollinrake Portrait Kevin Hollinrake
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My hon. Friend is making some excellent points. It might not seem that we have best reason for taking this approach; as he rightly points out, the flexibility required in the circumstances of bereavement is entirely different from that needed in the case of paternity leave. However, the difficulty we are dealing with relates to processes in Her Majesty’s Revenue and Customs and its ability to deal with statutory pay. The bureaucracies that support the decisions we make in this House should not necessarily drive our thinking, but they are a consideration to which we must pay due regard.

James Cartlidge Portrait James Cartlidge
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I thank my hon. Friend for clarifying the point. Indeed, I did note that from the consultation document, which referred to that fact that the benefit itself limits the flexibility. We all know how difficult it is to change systems, and we can well imagine the difficulty in the social security system, with employer software and so on, in giving out the benefit on the basis of sporadic days. However, there would still be merit in someone having the ability to take unpaid one-off days. I think most people would rather have that freedom, even if it is not possible for it to be covered by the statutory pay they would receive because of the limitations of HMRC’s and other systems.

Kevin Hollinrake Portrait Kevin Hollinrake
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My hon. Friend makes a good point. Underpinning all this are the general principles and our expectation that employers would be understanding, sympathetic and flexible in how they deal with this situation. We are setting out the minimum requirements, but we would expect employers to show that compassion and flexibility when dealing with how people take the leave.

James Cartlidge Portrait James Cartlidge
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I am grateful for that intervention and do agree with it. If we were to have the single block but there was an exceptional reason to grant an additional day—or even that—at a future point, most employers would be prepared to do so. In most cases, employers will act reasonably as long as a reasonable request is made.

Amendment 8, which was tabled by my hon. Friends the Members for Torbay and for Mid Dorset and North Poole (Michael Tomlinson), is important as it touches on defining the employment status that someone must have to be eligible for these new rights. Proposed new section 80EB (1)(c) of the Employment Rights Act 1996 states:

“an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by regulations”.

That prescription therefore relates to the type of employment, with the word “employee” being crucial. The issues arising from the Taylor review and the changing nature of employment have already been mentioned, and we have to discuss the extent to which these rights would be available to employees in those newly growing, ambiguous areas.

My hon. Friend the Member for Chippenham (Michelle Donelan) referred to the self-employed, but of course we are not talking about a homogenous group. Before the general election, when I served on the Work and Pensions Committee, we held an inquiry on the gig economy—this growing army of the self-employed. We heard evidence about cases in which people are, to all intents and purposes, employees. On this amendment, my question for the Minister is: in defining jobs and defining people as an “employee”, are we able to award these benefits—these rights—to those defined now as “workers”? I refer to those people in between employment and self-employment. Are we able to do that, or do we need to introduce separate regulations to do so?

That is an important point, so it is handy that I have a copy of the Taylor review. The Bill amends the primary piece of legislation to which it relates—the 1996 Act—and we are dealing with the important distinction between an employee and a worker. I remind the House that the 1996 Act states that an

“‘employee’ means an individual who has entered into or works under…a contract of employment.”

I will not go into the detailed definition in the report, but a worker is someone who has some form of contract.

Oral Answers to Questions

Debate between James Cartlidge and Kevin Hollinrake
Tuesday 24th October 2017

(6 years, 6 months ago)

Commons Chamber
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James Cartlidge Portrait James Cartlidge (South Suffolk) (Con)
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10. What recent progress has been made on reducing the deficit.

Kevin Hollinrake Portrait Kevin Hollinrake (Thirsk and Malton) (Con)
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15. What recent progress has been made on reducing the deficit.

Tuition Fees

Debate between James Cartlidge and Kevin Hollinrake
Wednesday 19th July 2017

(6 years, 10 months ago)

Commons Chamber
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James Cartlidge Portrait James Cartlidge (South Suffolk) (Con)
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It is a pleasure to be called to speak in this debate and a great pleasure to follow the hon. Member for Blaydon (Liz Twist). I congratulate her on her maiden speech, which was very moving and powerful, particularly in relation to suicide. We all share her sentiment and hope to see greater progress on that. It is a terrible tragedy that so many still choose to take their own lives.

Having stood on many a football terrace, I am familiar with the Blaydon anthem, but I do not think that the edited lyrics to which I have been subjected are repeatable in this Chamber. I welcome the hon. Lady to the House.

This debate is on an important subject. Having intervened earlier on the shadow Secretary of State, the hon. Member for Ashton-under-Lyne (Angela Rayner), I have great sympathy for her. She has maintained her composure in the face of her party’s policy wobble over historical student debt, but, if we look at what the Leader of the Opposition said to the NME prior to the election, we cannot form any conclusion other than that he wished to wipe out historical student debt. He said that he would “deal with it.” Those were his words. What other conclusion could we form?

The politics of this are quite cynical. Talking about helping students means helping a large number of people, but it is a limited base. Spreading policies to all graduates with historical student debt, however, means appealing to a vast number of people, so to renege on that so clearly is disappointing and deceptive.

Equally, we all have to accept that people are worried about levels of student debt. I have four children and worry about them, should they ever get to university, racking up enormous debts. Who, as a parent and a human being, would not be concerned about that? However, we have to think rationally about the issue.

There are measures that can be used to ameliorate the situation. My right hon. Friend the Member for Harlow (Robert Halfon), the Chairman of the Education Committee, mentioned interest. Of course, student debts are packaged and bought on the basis of securitisation. I want to understand more about how that works, including the redemption penalties and whether it is possible to change those contracts without huge cost to the taxpayer. We would all benefit from knowing more about that. Perhaps my right hon. Friend’s Committee could take evidence on it.

Kevin Hollinrake Portrait Kevin Hollinrake (Thirsk and Malton) (Con)
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My hon. Friend makes a strong point about the level of interest on debt and securitisation. He will accept that, because of the high proportion of that debt that is written off, it is in effect a grant, so the interest rate will need to be higher to make it attractive to people who want to take on that security.