Small Charitable Donations and Childcare Payments Bill

Debate between Kevin Foster and Michael Tomlinson

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Tuesday 11th October 2016 Commons Chamber

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

It is a great pleasure to follow my hon. Friend the Member for North East Hampshire (Mr Jayawardena), who made some excellent points with his customary eloquence. I agree with what he said.

Today’s debate gives me an opportunity to showcase one or two examples of charitable works in Dorset that go particularly well. I will start by mentioning Wimborne rotary club and its yearly Great Santa fun run. Picture, Madam Deputy Speaker, 100 men, women and children running around the local point-to-point course dressed up as Father Christmas the week before Christmas. It sounds fun and of course it is. Gone are the heady days when we aimed to win the competition—merely completing the course is a prize in itself these days. Each year, the run raises several thousand pounds for charities and good causes.

Back in 2013, when the Small Charitable Donations Act came into force, my wife was the parish church treasurer and gift aid administrator, so I know how welcome were the changes that simplified and reduced bureaucracy, as people no longer had to fill out complicated forms to secure gift aid on gifts of £20 or less.

[Kevin Foster (Torbay) (Con)]

My hon. Friend is giving an excellent speech. Does he agree that the key point to remember is that churches are not just places of worship on a Sunday but living, breathing parts of the community? For example, the Living Room initiative at St Mary Magdalene church in my constituency provides tea, coffee and bacon sandwiches for many people who have nowhere else to go.

[Michael Tomlinson]

I could not agree more with my hon. Friend, who makes an excellent point. The Bill will help all groups—not just church groups, but many others—in reclaiming gift aid and slimming down bureaucracy. I warmly welcome the Bill’s aim of further reducing bureaucracy by, for example, getting rid of the two-year rule. That will help new charities enormously and will encourage those thinking of setting up charities to do so.

Investigatory Powers Bill

Debate between Kevin Foster and Michael Tomlinson

Tuesday 15th March 2016 Commons Chamber

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

It is a pleasure to follow the hon. Member for Birmingham, Selly Oak (Steve McCabe), although I disagree with his analysis and with what he says about the Bill being a blank cheque and about the provisions being ones that North Korea or China would welcome.

I also disagree with the many comments characterising the Bill as a snoopers charter, and I agree with my hon. Friend the Member for Louth and Horncastle (Victoria Atkins) and the shadow Home Secretary, the right hon. Member for Leigh (Andy Burnham), that it is an insult to those who work so hard to provide for our safety to characterise it in that way.

Some have accused the Government of bringing the Bill before the House too quickly; indeed, the hon. and learned Member for Edinburgh South West (Joanna Cherry) said it was a “rushed job”. Again, I disagree. There has been extensive prelegislative scrutiny of the Bill, and there will be further opportunity to scrutinise it during its later stages.

I will focus on one aspect: the authorisation under parts 2, 5, 6 and 7. On that, I agree with much of what my right hon. Friend the Member for North Shropshire (Mr Paterson) said. Essentially, the choice is whether authorisation should come from the Secretary of State, the judiciary or a combination of the two. One initial recommendation was that the Secretary of State’s authorisation should be replaced by judicial authorisation. That suggestion would replace a practice several centuries in the making, and I disagree with it.

It was said that judicial authorisation would improve public confidence in the system. I have great respect for the judiciary—as a lawyer, I have to say that, but it also happens to be true. However, I regret that it is thought that handing these powers from the Executive to the judiciary would improve public confidence, and I regret that this place and politicians are held in such low esteem. My firm view is that we should not pass the buck just because these decisions are difficult and may be unpopular, for that would risk making politicians yet more unpopular.

It has been said that Ministers are not accountable, but I disagree: they are accountable to Parliament, Select Committees and the electorate. That contrasts with judges, who, however well respected—and, of course, they are—are not elected and not accountable. This decision is an Executive decision, and as such it should certainly involve the Secretary of State. If the proposal had been that the judiciary alone would make these decisions, I would be rising to speak against the Bill. As it is, the double lock—authorisation from the Secretary of State, but with a check from the judiciary—means that I can support the proposals.

[Kevin Foster (Torbay) (Con)]

Does my hon. Friend agree that, given the nature of these powers, no Secretary of State—certainly, no Home Secretary—would come to the House and say, “I didn’t know,” if there had been a controversy about their usage and about a warrant?

[Michael Tomlinson]

As always, my hon. Friend makes an insightful point, and I am grateful for his intervention. As drafted, however, the double lock is a sensible compromise, which perhaps strikes the right balance. In the broader context of the Bill, and as set out, the test in the Bill is just, necessary and proportionate, and I will be supporting it this evening.

NHS (Charitable Trusts Etc) Bill

Debate between Kevin Foster and Michael Tomlinson

Friday 22nd January 2016 Commons Chamber

[Michael Tomlinson]

I envisage the consultation being as wide as possible. My hon. Friend mentions everyone who has been to see “Peter Pan”, and that would be a pretty wide consultation—perhaps not everyone has seen “Peter Pan” and I highly recommend that those who have not, do so. I envisage that the principle is that it is as wide a consultation as possible.

The Bill, which has wide support on both sides of the House, is the product of a public consultation, so I fail to see how Members can disagree with this proposal.

[Kevin Foster (Torbay) (Con)]

I thank my hon. Friend for giving way; he is being incredibly generous in taking interventions. Every charity has a group of people it benefits. Does my hon. Friend agree that for this consultation to have any meaning, it would have to be with the entire area of benefit, which could in some cases involve literally millions of people? Does he also agree that most of them would probably feel their charitable funds would be better spent getting on with the job, rather than having a very large consultation about who appoints a director of the trustees?

[Michael Tomlinson]

I understand that point, which is similar to other points questioning the benefit and the cost, but I respectfully suggest that the benefit outweighs the cost in this case and that the public, seeing that they are consulted, would once again be re-engaged with the political process, which I think my hon. Friend should support.

--- Later in debate ---

[Michael Tomlinson]

In which case, let me turn to that very point. As my hon. Friend rightly says, my amendment 4 contains the word “appropriate”. We can all envisage inappropriate public consultations. I again contend that this term should be relatively uncontroversial, because we all know what it means. An inappropriate consultation would be too short or would take place over a festive period such as Christmas, when either people would not have the opportunity to respond or an insufficient number would have the opportunity to do so. Although I welcome the opportunity to expand on the word “appropriate”, I believe it is pretty obvious what it means.

[Kevin Foster]

The word “appropriate” also relates to the level of the thing to be consulted upon. We have a tradition in this country: certain things—for example, Britain’s membership of the European Union—are decided by consulting every member of the public in a referendum. Other issues such as school funding also affect the wider public, but on issues such as who is a director of something we do not usually go to the length of a full public consultation to decide the process. This is about what is appropriate given the nature of the issue, as well as what is appropriate in terms of the time of year the consultation is held and how long we give people to respond.

[Michael Tomlinson]

I am very grateful for that helpful intervention. I would wish to expand on the issue of an EU referendum, but I suspect that Mr Speaker would encourage me to move on, so I will not be tempted down that line. I understand the point my hon. Friend makes and will merely respectfully suggest that the word “appropriate” speaks for itself and requires no further elaboration.

Given your encouragement, Mr Speaker, I will now move on to amendments 5 and 6, which also stand in my name and that of my hon. Friend the Member for Erewash. They seek to remove the requirement that the regulations may make provision consequential to the removal of the Secretary of State’s powers; in effect, they would remove the affirmative resolution procedure and insert the negative one. They are simple amendments, so I will not take up your time in debating them at length, Mr Speaker. In effect, the debate is being held now, as is perfectly appropriate, and it would therefore be unnecessary in this case to bring it back.

School Funding

Debate between Kevin Foster and Michael Tomlinson

Thursday 5th November 2015 Westminster Hall

[Michael Tomlinson]

I am grateful to my hon. Friend for making that point. It is right that the formula is about beginning to close the gap. That is all I am fighting for today.

I am pleased that the Government have recognised the issue’s importance. I am also pleased to have fought the election on a manifesto that set out so clearly the need for a fairer funding formula. Similarly, I was pleased by the responses of the Secretary of State and the Prime Minister to my questions in the House. I was pleased not just because they were in answer to my questions, but because they were encouraging.

Other hon. Members have mentioned the £390 million that was granted in 2014-15 and that is now embedded in future years. I welcome that, but I see it as a down payment—a first step—rather than the finished article.

Let me turn for a moment to wider funding issues, because the motion is that

“this House has considered funding for schools”

generally. Montacute school in my constituency is, as the Minister may know, a special academy for children with severe and multiple learning difficulties and special needs. Recently, it received a very welcome £5 million to completely restructure what was a rather dilapidated building that was falling down, and I was delighted to be present at the opening of the new building. However, the funding included no additional money for the inside—the fixtures and fittings, which are the very things that are required to make a school really a school.

Local families have clubbed together as part of Monty’s fund, and they have raised £500,000 to date. However, more is required, and I urge the Minister to consider that as a particular request. I will be making a small difference by dressing up as Father Christmas and entering the great Santa fun run with members of Wimborne rotary club. I invite the Minister to join me. Where better to run and raise money for a good cause than round Badbury Rings?

[Kevin Foster]

Does my hon. Friend agree that although it is great to see such charitable work, people would be more encouraged to take part if they saw a fair funding formula in place?

[Michael Tomlinson]

My hon. Friend is right that it is all well and good raising money in small ways like this, but we are actually arguing for a fairer funding formula, so let me return to that.

Few people in the Chamber, and few outside it, have questioned the logic of, or the need for, a fairer funding formula. The inequality is clear to see, and I urge the Minister, as other Members have done, to set out a timetable. We need substantive change, and we need it to put the needs of our children first and foremost.