Post Office: Compensation for Horizon Scandal

Chi Onwurah Excerpts

Thursday 30th June 2022 Commons Chamber

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

I thank the Minister for advance sight of his statement and for keeping the House informed of progress. The Horizon scandal is perhaps the greatest miscarriage of justice in our country’s history. Its victims have waited for justice for far too long. I pay tribute to the Justice for Subpostmasters Alliance for its tireless work and acknowledge the work of colleagues on both sides of the House who have gone to considerable lengths to highlight the plight of their constituents. In particular, I pay tribute to my right hon. Friend the Member for North Durham (Mr Jones), whose commitment to the cause has been unwavering, and to Lord Arbuthnot in the other place.

I also pay tribute to the Minister—and I do not say that lightly. Successive Conservative Governments have sat on the scandal, but he has made real progress in moving us to a place where we can see that justice is in sight. I acknowledge that. I also welcome the update on the March announcement that, as Labour has repeatedly called for, the 505 litigants will receive the compensation payments that they are entitled to. However, I emphasise that, as I am sure the Minister will acknowledge, it is unacceptable that it has taken so long when the right course of action was always clear. There really was no need for victims to have spent so long in limbo.

At the core of this unforgivable scandal is the belief that workers were dishonest and technology was infallible. Perhaps that is not surprising, given the Government’s track record on defending the rights of working people. Decent, honest people have had their lives torn apart, been put in prison and been made to wait years for justice. For some, that wait has been too long. We must not forget those who are not with us and will not see the justice to which they were so entitled.

As I have previously done in the Chamber, I implore the Minister to act quickly and decisively to draw a line under this horrific miscarriage of justice. There can be no further delays in providing the compensation that will go at least some way in helping to right this wrong. As such, will he provide a timescale for when all compensation payments will have been made? Will he confirm that the compensation will not affect the Post Office’s core funding, day-to-day operations or viability in—I stress this—any way? Given the vital role that post offices perform in our communities—we all acknowledge that—it is essential that today’s communities are not made to pay for the unacceptable mistakes of the past. Labour has called for all those involved to be held accountable. Will he therefore update the House on what investigations are ongoing into the role of Fujitsu and others involved in the technology that led to the failure?

The Minister spoke about learning the lessons from this horrific scandal. The Government were, and remain, the only shareholder in the Post Office. They have a financial responsibility and a moral responsibility to ensure that nothing like this ever happens again.

[Paul Scully]

I thank the hon. Lady for her kind words, and I totally echo her thanks and congratulations to the right hon. Member for North Durham (Mr Jones) and Lord Arbuthnot. My hon. Friend the Member for Telford (Lucy Allan) and others sitting behind me have also worked tirelessly on this for so long, as has the hon. Member for Motherwell and Wishaw (Marion Fellows), who chairs the all-party parliamentary group on post offices.

It is not possible to listen to the stories and fail to be moved. There is always something else that comes out and brings a tear to the eye and, frankly, anger that this was ever allowed to happen. The Government have moved to do something about it, but we are all doing something, because this is about a human cost. We are humans first and politicians second.

The hon. Member for Newcastle upon Tyne Central (Chi Onwurah) talked about the timing. There is an application form for the 555 to fill in. It is comparatively simple and Freeths will work with each of them and walk them through the process, because the last thing we want to do is put hurdles in their way. We want to make sure that within a few weeks the money goes out of the door to them. They need the money now. In parallel with that, the compensation scheme has started. We want informal consultation with the 555, to make sure that they are happy with the scheme and have faith and confidence that the funding will be delivered. As I have said, we want the historical shortfall scheme to be wrapped up and to at least make offers to each person by the end of the year.

I think we will be able to start moving quickly on overturning criminal convictions as soon as Lord Dyson has responded through his early neutral evaluation, but that also depends on the flow of cases via the solicitors. I have been working closely with Hudgells and other solicitors who represent the groups, to make sure that it is as speedy as possible.

I can confirm that this will not affect the Post Office’s core funding. We want to make sure that the Post Office has a future, but we cannot have that future until we have rectified the mistakes of the past.

The hon. Lady also talked about Fujitsu, learning the lessons and holding people to account. The next stage of the statutory inquiry starts next week, when the Government, the Post Office, Fujitsu and others will go in front of Wyn Williams. That will start the process of making sure that we know exactly who knew what, who did what and when.

Oral Answers to Questions

Chi Onwurah Excerpts

Tuesday 7th June 2022 Commons Chamber

[Lee Rowley]

That was a nice try from the SNP at linking those things. As the SNP and the hon. Gentleman know, there are substantial global issues at the moment that all Governments are grappling with, and the Government here in the United Kingdom have been very clear about their desire to support businesses and to help people through these difficult times.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

British business depends on British science for long-term national growth, and the No. 1 issue facing British scientists right now is our participation in the world’s largest science funding programme—the European Union’s £95 billion Horizon programme. Since 2007, British scientists have won over £14 billion from Horizon—more than we put in—but this is about more than money; it concerns international prestige. Horizon is a collaborative network of over 30 countries. Let us face it: this Government will never be able to replicate that. The Prime Minister said that he had an oven-ready Brexit deal; why is British science being left on the shelf?

[Lee Rowley]

I am not going to refight Brexit and revisit the positions we all went through in the last Parliament. Horizon is important. The UK Government have been very clear about our desire to continue with Horizon. The Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend the Member for Mid Norfolk (George Freeman), who is the Minister for science, continues extensive work to ensure that that happens. The EU has a choice to make, and my hon. Friend will be in Brussels tomorrow to continue that conversation.

Sub-Postmasters: Compensation

Chi Onwurah Excerpts

Tuesday 22nd March 2022 Commons Chamber

[Paul Scully]

I thank my hon. Friend for all the work that she has done on behalf of her constituent Tracy Felstead and the 554 other postmasters. I will not comment on the Post Office, purely and simply because having instigated the independent inquiry, I want it to remain independent. I do not want to put undue pressure on it. Clearly the Post Office has apologised, and I suspect it will not be the last time that it does so. We absolutely want to get answers. I also thank Nick Wallis, who has done amazing work—his life’s work in journalism—in setting out the stall of the 555 and telling their story.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

I thank my right hon. Friend the Member for North Durham (Mr Jones) for securing this urgent question and for his tireless efforts in standing up for all those affected by the Horizon scandal. I pay tribute to all the postmasters who fought for justice, and especially to the efforts and determination of the 555 litigants whose civil case paved the way for convictions to be quashed and compensation finally delivered.

Labour has consistently called for all those affected by the Horizon scandal to be able to access the compensation they deserve. It was simply unacceptable that those who led this slow march to justice had been excluded from the historical shortfall scheme. In a week in which we have had plenty of warm words from the Government on their commitment to British workers but little by way of action, it is vital that the Government get this right. Hard-working, honest people had their lives torn apart because of a misguided belief that workers are dishonest and technology infallible.

Today’s announcement is warmly welcomed on the Labour Benches. I thank the Minister for his work on this issue; his commitment has been unquestionable throughout. However, I do want to press him in saying that speed is now vital. The Government have delayed far too long in getting to this point, and there can be no further delays for all those affected to get the compensation that will go some way towards making amends for this appalling injustice. As such, will he say how many are affected and provide a timescale for when all compensation payments will have been made? Labour has called for all those involved to be held accountable, so will he update the House on what investigations are ongoing into the role of Fujitsu? Will he commit to regularly updating the House on the progress of the scheme? This has been one of the greatest miscarriages of justice this country has ever seen. Every day’s delay only compounds that injustice. I hope the Government can finally start to right these wrongs for good.

[Paul Scully]

I hope I can show by my actions that I will keep the House updated as we go along. On where we are with the compensation, I can announce that as of 11 March, 45% of people in the historical shortfall scheme had already received offers. That amounts to 1,067 individuals. The Post Office reports that it is firmly on track to make 95% of initial offers by the end of the year. The historical shortfall scheme started slowly, as it first worked through the cases and benchmarked those that would help inform future payments, so that we know so much more about the 555. Dovetailed with the HSS information that we have gained, I want to ensure that we can start delivering that compensation very quickly. I am still aiming for the end of the year for the HSS. We need to establish, once we know what the process is, an exact timescale agreed with the JFSA.

Oral Answers to Questions

Chi Onwurah Excerpts

Tuesday 22nd February 2022 Commons Chamber

[George Freeman]

The hon. Member makes a really important point that is at the heart of our £100 million innovation accelerator pilot programme. We have chosen the locations—Glasgow, Manchester and the west midlands—for the initial tranche, because we want to invest in places where there is strong world-class research and development and innovation cheek by jowl with lamentable deprivation. I very much hope that over the next few years we can extend it out to areas, including parts of Northern Ireland, where that similar pattern of excellence alongside deprivation is sadly still present.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

Levelling up, really? The Campaign for Science and Engineering has shown that the proposals in the White Paper simply freeze the current proportion of regional science spend, with the golden triangle of Oxford, Cambridge and London continuing to receive the majority of public sector science spend. When it comes to private sector science spend, London’s share has actually doubled under Conservative Governments, because they will not give our towns and cities the powers and investment they need to build strong science economies. Will the Minister say whether the proportion of public science spend going to the regions will actually increase as a consequence of the levelling-up White Paper, or is this just more broken promises from the department for funny numbers?

[George Freeman]

I suggest the hon. Lady reads the levelling-up White Paper. If she reads it, she will see that it is a very substantial document that deals with precisely the points she has just made. [Interruption.] I will deal with the specific question she asked about devolution and extending investment around the country. That is why we have made a pledge—a pledge that the Labour party never made, by the way—to increase R&D spending outside the greater south-east. Our Department, the Department for Business, Energy and Industrial Strategy, which is responsible for 75% of R&D, will move to being 55% outside the south-east. The point she misses is that we do not level up this country by destroying the golden triangle; we level up by building the clusters, moving from a discovery economy to a development economy. As a Member for the north-east, I thought she would be applauding the phenomenal growth in the north-east as a result of our policies.

Advanced Research and Invention Agency Bill

Chi Onwurah Excerpts

Consideration of Lords amendments
Monday 31st January 2022 Commons Chamber

[George Freeman]

The hon. Member raises a very important point. Yes, I am satisfied, and for this reason: the way in which the agency has been established through the Bill and our plans to appoint the CEO and the chair on the basis that they will set out a very bold vision for ARIA to be the agency for new science in new ways. All the support that we are providing is specifically designed to allow them to operate in an environment where they can draw on the very best of UK science infrastructure and expertise, but not find themselves bound by either the short-term grant application process that dominates or the often substantial interests seeking investment in their own field. We will be able to attract the people we intend to attract because of that freedom. For that reason, I am confident—as that will be set out in the framework agreement and held to account by the board of ARIA and the scientific advisory board—that we will be able to ensure that that is the case.

Although ARIA will operate independently, it will be guided by key obligations regarding economic and UK benefit. ARIA must, in all its activity, have regard to the economic growth or economic benefit in the UK, alongside other considerations. That statutory obligation is set out clearly in clause 2(6), and it is right that that is in the Bill. Public investment in R&D must drive long-term socioeconomic benefit and deliver value to UK taxpayers. ARIA will be scrutinised by Government and Parliament on how effectively it fulfils its functions, including that one.

I can confirm that mechanisms for that scrutiny will be in the framework agreement. This includes requiring an internal evaluation framework for ARIA programmes—that deals with the point made by my right hon. Friend the Member for Wokingham (John Redwood)—and looking at, for example, their expected benefits and alignment with the organisation’s strategic objectives. It also includes setting the terms on which ARIA produces annual accounts and reporting, through which ARIA’s CEO will be accountable to Parliament for how the resources allocated to it are used. The National Audit Office will be able to examine the value for money of ARIA’s activities, and we in the Government must be assured of that value, on which ARIA’s future funding will depend. Everyone involved is clear about that.

There are many ways in which the obligations that I have set out might be felt in respect of how ARIA operates. For example, ARIA may employ contracting arrangements that require funding recipients either to seek to exploit the outputs in the UK or forfeit the funding, as other funders routinely do. In some cases, ARIA may retain IP rights—it has that freedom—and will be able to draw on specialist support from the new Government office for technology transfer. That will help ARIA to extract the greatest possible value from its knowledge assets.

In general, we expect ARIA programmes to produce long-term, deep scientific benefits that are felt over the long term, and to support the highest-risk research where there is a clear role for public funding. It would be premature to seek to legislate in statute at this point, before the appointment of the CEO and the chair or the establishment of the funding programme plan. In addition to that being premature, given that its very freedoms will be a major attraction for people to come from around the world to work at the agency, we are concerned that to be seen to shackle those freedoms in statute may well disincentivise the most innovative scientists and researchers from coming to join programmes.

Finally, this issue encompasses the entirety of our R&D system and approach to investment in UK science and technology and we are extremely focused on it, but changes to ARIA alone cannot alter the wider environment. We must ensure that funding from ARIA is not subject to more stringent conditions than other public R&D funders, because that would undermine the independence and agility that are the defining characteristics of this exciting initiative for UK science.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

I welcome the Minister to his place in leading on this important Bill and echo his thanks to the former Minister, the hon. Member for Derby North (Amanda Solloway). I also thank colleagues in the other place who have worked so hard to improve the Bill. In particular, I thank my noble Friend Lord Browne for his successful and much-needed amendment to protect Britain’s intellectual property.

The UK has a proud tradition in science and innovation. We are renowned around the world for the scientific breakthroughs and discoveries that have pushed humanity forwards. From the discovery of penicillin to the invention of Stephenson’s Rocket—in Newcastle—UK science has again and again pushed the boundaries of humanity’s knowledge.

UK science is not only inspiring but key to our health and that of our economy, as the pandemic has shown. Our university research base alone contributes £95 billion to the economy, supporting nearly 1 million jobs in science institutes, charities and businesses of all sizes. We have many innovative start-ups throughout the country that require only the right support to contribute to the innovation nation that our history, economy, security and future prosperity all demand. That is why it is so important that we get the Advanced Research and Invention Agency right.

ARIA, originally the brainchild of very-much-former adviser Dominic Cummings, is positioned as a high-risk, high-reward research agency, based on the Defence Advanced Research Projects Agency in the US. Labour welcomed ARIA and continues to support it—it has great potential to fill a gap in the UK’s research and development landscape and help deliver fantastic inventions—but we are clear that the benefits of ARIA’s investments must be felt in the UK. We are equally clear that without Lords amendment 1, that may not be the case.

Lords amendment 1 would give ARIA the option to treat its financial support to a business as convertible into an equity interest in the business and thus to benefit from intellectual property created with ARIA’s support. It would also enable ARIA to require consent during the 10 years following financial or resource support, if the business intended to transfer intellectual property abroad or to transfer a controlling interest to a business not resident in the UK.

--- Later in debate ---

[George Freeman]

To assist the hon. Lady before she decides whether to divide the House, I just wanted to make it very clear that there is a statutory obligation on ARIA, set out clearly in clause 2(6), that it must have regard to

“economic growth, or an economic benefit, in the United Kingdom”

as a core part of its statutory duties. We simply want to make sure that the leadership team, through the framework agreement, have the freedom to set out what the right mechanism is, rather than to mandate it now.

[Chi Onwurah]

I thank the Minister for that intervention, which demonstrates that he is with us in spirit but he just does not want to be with us in actual legislation. There is something of a confusion of thought there. I am very familiar with the clauses that require ARIA to have regard to economic benefit, but if he thinks this is something ARIA should be doing and should look to do—again, as we have said, this amendment is enabling and not prescriptive—surely he should be happy to make that clear. If he thinks it is too constraining for ARIA to do this, he ought to make that clear. He is the Minister and this Bill should reflect what the intent is, and the intent should be to ensure that the benefits from intellectual property generated, created and invented in the UK should be felt in the UK.

Lords amendments 2 to 8 limit ministerial powers to dissolve ARIA, in response to the delegated powers in the Regulatory Reform Committee’s report on the Bill, and we will not oppose those amendments. They prohibit the Minister from making consequential amendments to primary legislation and from dissolving ARIA in the first 10 years. Lords amendments 9 and 10 remove the Minister’s powers to determine a pension or gratuity for non-executive ARIA members. It should be noted that the Minister appoints non-executive members to ARIA’s board, and it is refreshing to see a Conservative Government taking steps to limit cronyism in advance of major losses to the public purse. Lords amendments 11 and 13 mean that ARIA will no longer be treated a reserved matter in relation to Scotland, Wales and Northern Ireland, and we also do not oppose this. Labour is clear that devolved voices must be heard and that scientific opportunities must be spread across the UK, so the consent of devolved Administrations is crucial.

Lords amendments 12, 14 and 15 provide for ARIA to be treated as a public body under the Income Tax (Earnings and Pensions) Act 2003, the Small Business, Enterprise and Employment Act 2015, the Enterprise Act 2016 and the Data Protection Act 2018. My colleague in the other place, Baroness Chapman of Darlington, pointed out, as did my hon. Friend the Member for Cambridge (Daniel Zeichner), that this would not be necessary if ARIA was subject to freedom of information requests, something that Labour has repeatedly called for. The Government were so busy trying to ensure that ARIA would not be treated as a public body for the purposes of FOI that they had to tack on these amendments. That these amendments were tabled only at the Committee stage in the Lords points to Government negligence. We have here a Government too busy trying to avoid accountability to do their job properly— why does that sound so familiar?

[Graham Stringer]

Does my hon. Friend agree that, during the covid epidemic we have been through, some of the mistakes that have been made came about because the Government were not as open as they could have been with the scientific advice, and that FOI and openness are of value to the scientific method itself? To exclude this body from FOI potentially detracts from the science. We saw another example of this 11 years ago, with the “climategate” emails at the University of East Anglia, when people did not operate openly and it caused scientific problems.

[Chi Onwurah]

My hon. Friend makes two very important points. First, many of this Government’s mistakes have been due to lack of transparency, not only in the original policy of giving contracts to friends but in the follow-up of explaining those actions. Transparency is always a very good thing. Secondly, the scientific method is about openness. That is how ideas, inventions and progress are made in science. Critically, DARPA, on which ARIA is supposedly based, is subject to the freedom of information process and finds that that helps it in its work.

To conclude, Labour welcomes ARIA. Science and research can be the engine of progress for our society, and we welcome investment in our sciences. That investment, however, must benefit the people who pay for it: the British public. Without Lords amendment 1, we have no assurances that that will happen. If the Government want Britain to be a science superpower, why will they not protect British science and tech IP?

[Stephen Flynn]

In the greatest traditions of this House, I intend to be brief, which I am sure will be to everyone’s pleasure.

The biggest issue before us is, of course, Lords amendment 1. I listened closely to what the Minister had to say, but I remain to be convinced. He has paid deference to the clause, which says, if I recall correctly, that ARIA “must have regard to”, while the amendment simply seeks to ensure that ARIA “must”. That is a strong difference to which the Minister should give cognisance, particularly given that, in effect, we could be talking about the crown jewels. We are all hopeful that ARIA will be an impressive institution that will reap rewards for all of us right across the four nations of this United Kingdom—while we remain within it, of course. I find it a little contemptuous that the Government do not want to be on that side of the argument.

The topic of equity has been raised. There are some very famous examples. For instance, though this is slightly different, the US Government provided a significant amount of money in a loan to Tesla. That money was subsequently paid back a number of years ago, prior to Tesla becoming one of the world’s wealthiest companies and, indeed, to Elon Musk becoming one of the world’s wealthiest men. There should be a lesson in that for the Government, and it is one that they should heed.

From what I have heard, the Minister seems to be in broad agreement. He thinks that what is in place will allow this to happen in any case. I hope that over the course of the remaining debate, to which I am sure there will be an extensive number of contributions, he may be swayed to agree to Lords amendment 1.

Professional Qualifications Bill [ Lords ] (First sitting)

Chi Onwurah Excerpts

Committee stage
Tuesday 18th January 2022 Public Bill Committees

[Bill Esterson]

Given your vast experience, Mr Pritchard, and given my experience of debating with you over a number of years, I know that you were about to intervene to stop me. We will speak to new clause 1, but we will not test the will of the Committee on the matter; we will come back to it on amendment 3.

The new clause would place an obligation on the Secretary of State to provide guidance to regulators concerning mutual recognition under the EU-UK trade and co-operation agreement. The Bill provides a framework to allow mutual recognition of professional qualifications between regulators and professional bodies in the UK and the equivalent organisations overseas. The provisions in clauses 3 and 4 will allow for the implementation of regulator-to-regulator mutual recognition agreements, and of the recognition arrangements in new international trade agreements.

Importantly, the Law Society advises that the Bill will enable the mutual recognition agreement provisions in the EU-UK trade and co-operation agreement to be implemented, but it raises concerns about the arrangements. The Law Society says that the provisions for mutual recognition agreements in the TCA are largely based on the EU-Canada comprehensive economic and trade agreement. No mutual recognition agreements have been signed between the EU and Canada in the three years since CETA came into force. The concern is that the lack of mutual recognition agreements using similar provisions may indicate that the arrangements in the TCA are not sufficient for setting up such new agreements as are needed to encourage professionals to make up the shortages of nurses, vets or other professionals.

The Law Society and the Labour party want assurances that additional support, co-ordination and guidance will be available if needed by regulators and professional bodies on how to make the most of the provisions in the trade and co-operation agreement, not least in case they are to form the benchmark for future free trade agreements. More than assurances, the new clause would oblige the Secretary of State to provide guidance to regulators on how to make the most of the provisions in the trade and co-operation agreement.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Pritchard. I will not detain the Committee for long, but I will speak briefly in support of the new clause in my name and that of my hon. Friend the Member for Sefton Central, who made some excellent comments.

I declare a slight interest as having a professional qualification myself—that of a chartered engineer. That qualification is not part of the list of qualifications that will be subject to the legislation, but professional qualifications are an important part of many sectors, such as engineering, in our economy and our public realm. They are a significant factor in the protection of service users. Think of the many professions that have such an impact on service users, from the legal profession to chartered engineering, medical professions and nursing. It is important that those professions are well regulated, and the Bill is important to all our constituents. Newcastle, for example, has many professionals who benefit from the recognition of their qualifications.

We want the UK to be the best place in the world to live and work. That means being able to attract those with professional qualifications. We must recognise the importance of the autonomy of the regulators, provided for by Labour amendments during the passage of the Bill, and the importance of appropriate guidance, for which the new clause seeks to provide, for professional qualification regulators, particularly when it comes to the impact of trade deals. Many of us in this House—I bow to my hon. Friend the Member for Sefton Central with his extensive experience, however—might find the intricacies of the many trade agreements somewhat difficult to master, so it is critical that the regulators of professional qualifications have the support and guidance that the new clause seeks.

I note, for example, that in the EU-UK trade agreement we have not achieved any reciprocity of professional qualification recognition, so we are in a worse position than we were before leaving the European Union. For many with professional qualifications in this country—lawyers, engineers—being able to work abroad is an important part of their training. I myself worked in France, the US and Nigeria for some time, bringing skills back to this country. Not having reciprocal agreements in many areas leaves us worse off with regard to, say, the European Union, where there is a system of automatic recognition of professional qualifications for seven sector professionals—nurses, midwives, doctors, dentists, pharmacists, architects and vets—and a general system that enables workers to have their professional qualifications recognised.

Given the challenges of negotiating a mutual recognition agreement, surely the Minister understands that many of the professional qualification regulators could benefit from the advice and guidance of his Department and, more broadly, of the Government, with all their experience. Therefore, in providing for an obligation on the Secretary of State to provide guidance to regulators concerning mutual recognition—specifically under the European Union-UK trade and co-operation agreement—and in supporting regulators, the new clause would protect all our constituents by ensuring the quality and professionalism of the services that they very much enjoy now and hope to continue to do so.

[Paul Scully]

I thank hon. Members for the new clause, which seeks to place the obligation on the Secretary of State to provide additional support, co-ordination and guidance to regulators on mutual recognition agreements under the trade and co-operation agreement. Noting the importance of regulatory recognition agreements in supporting professionals who are qualified in one jurisdiction to work in another, I will also explain the benefits of the clause standing part of the Bill.

On the new clause, the hon. Member for Sefton Central was right to acknowledge that, since the end of the transition period, the process by which UK-qualified professionals seek recognition in the EU has changed. Professionals are now subject to the relevant rules in EU member states.

The hon. Member for Newcastle upon Tyne Central talked about the negotiations and about mutual recognition and reciprocal arrangements. The UK proposed ambitious arrangements on professional qualification recognition during the negotiation of the TCA, but regrettably the EU did not engage with them at that point. Instead, we agreed provisions based on existing EU precedent. The TCA provides a mechanism for the UK and EU to discuss the potential for mutual recognition of professional qualifications, where that is in both parties’ interests to do so.

Regulator recognition agreements can make it easier for professionals to navigate that landscape, as we heard, and agreements can be reached independently between regulators or under the TCA. Article 158 of the TCA provides a framework for the UK and the EU to agree arrangements to facilitate recognition of professional qualifications. Using that process, regulators and professional bodies may develop joint recommendations for professional recognition arrangements to be adopted. Annex 24 to the TCA contains guidelines to help them to do so. My officials are holding discussions with their counterparts in the European Commission to clarify the detailed process for making the best use of this framework.

I turn to the support available for regulators. Last year, BEIS established a dedicated recognition arrangements team to provide the support, guidance and co-ordination to regulators of professional bodies that the hon. Members have asked for. There is considerable experience there. That team supports them to pursue recognition arrangements through the framework of the TCA and other trade deals, and on an independent, regulator-to-regulator basis.

--- Later in debate ---

[Bill Esterson]

I am grateful to the Minister for his answers, which I will come back to. I commend my hon. Friend the Member for Newcastle upon Tyne Central for what she said about the importance of different professions, including her own, as part of the UK’s economic success, exporting around the world, gaining experience and returning it to this country. It is clearly in all our interests that we have good trade in services and facilitate that by supporting our professional services to trade internationally. She gave some excellent examples from across the professions of exactly why that matters and why it is a concern that we are relying on a clause that has not seen after three years any mutual recognition agreements signed up to in the corresponding EU-Canada agreement. That is the reason for the amendment and why we are raising this concern.

I am given a degree of assurance by the Minister that the dedicated support team is in place. I just gently say to him that, as the Minister, he really should have anticipated my question and probably pre-empted it by giving us some examples. I hope he is not going to blame his officials, because he should have asked for that information before, so that he could give us examples of the team in operation and told us how many inquiries there had been.

[Chi Onwurah]

I thank my hon. Friend for giving way and for his kind comments earlier. Is he concerned, as I am, that the Minister considers the lack of any negotiated reciprocal agreement under the Canada deal as some sign of success, and that that is why he is so complacent when it comes to providing proactive advice to our professional regulatory authorities for the EU trade deal?

--- Later in debate ---

[Paul Scully]

To clarify for the record, the team has taken steps forward, because there is already advice and guidance on gov.uk and a pilot grant programme is working. As I said, I will write to the hon. Member for Sefton Central with the specifics that he asked for.

Clause 5 revokes the European Union (Recognition of Professional Qualifications) Regulations 2015, which implemented the EU’s general system to facilitate the recognition of professional qualifications from the EEA and Switzerland, as set out in the EU directive on the mutual recognition of professional qualifications. The regulations were retained temporarily to provide certainty to businesses and public services at the end of the transition period, but the time has come to change our approach now that the UK is an independent trading nation, free of the obligations of the EU single market.

Several such modifications will be made to various pieces of legislation, and the most practical means to make those changes is by taking the power to do so through regulations, rather than by attempting to amend various regulations through the Bill.

[Chi Onwurah]

The Minister spoke about revoking the European Union provisions. With regard to mutual recognition for qualifications, does he think that British professionals are in a better position now than they were before?

[Paul Scully]

Many regulators will continue to be able to make their own determination in those areas, but the Bill will create a wider framework. The Architects Registration Board and the General Dental Council, for example, will be able to take wider views as a result of the Bill.

The Government remain committed to international agreements, including the EU withdrawal agreement, the EEA EFTA separation agreement, and the Swiss citizens’ rights agreement, all of which the Bill upholds. We gave effect to those agreements in regulations in 2019 and 2020, and there are protections in place for existing recognition decisions, which the Bill upholds.

Clause 5 does not affect those agreements or professionals who have already had their qualifications recognised in the UK, who will continue to be able to practise, provided that they continue to meet any ongoing practice requirements. The clause simply ends the legacy of EU qualification recognition in UK law.

Question put and agreed to.         

Clause 5 accordingly ordered to stand part of the Bill.

Clause 6

Revocation of other retained EU recognition law

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

[Bill Esterson]

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

This new clause requires the Secretary of State to publish and maintain an up-to-date list of regulators on the Government’s website. The Financial Times reported the way in which the Government introduced this Bill as the

“chaotic handling of a post-Brexit regime for recognising the qualifications of foreign professionals”.

Remarkably, the Government admitted introducing the Bill to Parliament without knowing which professions were in scope of the legislation. Labour argued in the Lords that we had to know who and what was in the scope of the Bill. It stands to reason that the relevant regulators and professions need to be aware of these changes. Having initially listed 160 professions and 50 regulators affected by the legislation, the Government twice published a revised list, ultimately increasing the numbers to 205 professions and 80 regulators.

[Chi Onwurah]

As I said earlier, I am a chartered engineer with the Institution of Engineering and Technology. In order to find out whether my profession was affected by the Bill, I had to write to the Institution of Engineering and Technology. Does my hon. Friend think that is acceptable? Does it not make sense that professionals, wherever they are in the world at the time, should be able to easily find out whether their body is affected by this legislation?

[Bill Esterson]

I am grateful to my hon. Friend, who has explained very neatly with that example why the new clause is important. Due to the increased number of regulators in scope of the legislation, the Government also had to publish an updated impact assessment, with the total cost to regulators increasing by nearly £2 million. That is hardly the way to inspire confidence that the legislation will help businesses or skilled workers.

The Government were criticised from all sides in the Lords, including by those on their own Back Benches. Baroness Noakes said that

“it has all the hallmarks of being a Bill conceived and executed by officials with little or no ministerial policy direction or oversight...we learn that the Bill was drafted with a far-from-perfect understanding of the territory that it purports to cover. This is no way to legislate.”—[Official Report, House of Lords, 22 June 2021; Vol. 813, c. 149.]

My Labour colleague Baroness Hayter said of the list:

“I understand that it has taken BEIS a little time to get it right. I think we have had two updates of the list, with some regulators added and some gone. I see that the pig farmers have gone from the latest list and the aircraft engineers have also disappeared, as have analytical chemists. However, we have in their place chicken farmers, schoolteachers and waste managers—so it seems that the Government can turn flying pigs into chickens.”—[Official Report, House of Lords, 9 November 2021; Vol. 815, c. 1696.]

I thought that was a good line then, and I still think it is a good line today—and so do the Government!

How can regulators and regulated professionals know whether they have equivalence when the Ministers who are responsible for the Bill do not even know themselves? At Committee stage in the Lords, my Labour colleagues Baroness Hayter and Baroness Blake tabled amendments to encourage Ministers to remove any suggestion of doubt as to which professions were covered by the Bill by placing a list of such professions and their regulators in the Bill and giving Ministers the authority to amend that list as necessary. The Opposition realise that Ministers have subsequently published a full list on the gov.uk website. However, there is no duty on the Minister to regularly maintain and update that site. The new clause places an obligation on the Secretary of State and his Department to maintain the website and, as necessary, update it, giving professions and professionals the certainty they need.

Oral Answers to Questions

Chi Onwurah Excerpts

Tuesday 11th January 2022 Commons Chamber

[George Freeman]

As per usual, my hon. Friend makes an important point. I am not the Minister responsible for the vaccine taskforce, but I am already reaching out to my colleagues at the Department of Health and Social Care on that very point to make sure that in the light of this pandemic we boost our manufacturing centre as well as our research.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

British life scientists led the world in the battle against covid, and we need them to lead the fight against another great health challenge: dementia, which destroys so many lives and imposes huge private and public health and social care costs. This month, research published in The Lancet found that by 2050 worldwide dementia cases will treble and cases will go up by 75% in the UK. That is why Labour is promising to double research and development spend on dementia—a commitment that was also in the 2019 Conservative manifesto. Will the Minister confirm that dementia R&D spend has gone down since his Government took office?

[George Freeman]

I agree with the hon. Lady that that the dementia research and treatment sector is incredibly important, which is why, when then Prime Minister Cameron set up the G20 summit, I was incredibly proud, as Minister for Life Sciences, to launch the UK Dementia Research Institute. In the CSR, we announced another £340 million for motor neurone disease research. As I say, I am in the process of allocating the biggest ever R&D increase and we will look to make sure—[Interruption.] The hon. Lady is heckling me from a sedentary position; perhaps she will listen. We are in the process of allocating that money to make sure that dementia gets the recognition that it needs.

Professional Qualifications Bill [Lords]

Chi Onwurah Excerpts

2nd reading
Wednesday 15th December 2021 Commons Chamber

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

I will not detain the House for long, but I put on record that I think the brevity of this afternoon’s debate more reflects concern about the rise of the omicron variant than it does a lack of interest in this important subject. Professional qualifications are a key part of many sectors of our economy and public realm. They are significant factors in the protection of service users, from consumers to covid patients. The Bill promotes mutual recognition and professional qualifications. It increases opportunities for many, including nurses and lawyers, to work here and abroad.

Many Members of the House will have constituents who could be impacted by the Bill. Newcastle has many professionals who may benefit from the recognition of their qualifications, and many businesses that might look to recruit international talent. As my hon. Friend the Member for Sefton Central (Bill Esterson) emphasised, it is essential that we maintain our high standards and recognise that qualification recognition, although important to our public services and economy, will not solve our skills shortage. The Government must invest in skills and also give our regions the power to do so. I emphasise that because Labour wants Britain to be the best place in the world to live and to work. The Bill started in the other place and my Labour colleagues’ work on it certainly reflects that. Their scrutiny and amendments have significantly improved the Bill by securing statutory protections for regulator autonomy and statutory consultations with regulators. Regulating key professions is not a market option; it is essential to protect service users and professionals.

Unfortunately, it remains the case that far too much of the actual content of the Bill will be passed as secondary legislation. That is unacceptable. In addition, as emphasised by the hon. Member for Midlothian (Owen Thompson), the devolved Administrations are not adequately consulted and must have a voice. The Government have a duty, indeed, to consult them and to seek the consent of devolved Administrations as the Bill passes through the House.

The Government’s handling of the Bill has been chaotic. As my hon. Friend the Member for Sefton Central (Bill Esterson) said, they introduced the Bill without knowing which professions were in its scope. We have a weak Prime Minister without the support of his own Back Benchers. But it is absolutely essential that we protect our regulators’ autonomy to ensure that our standards are fit for purpose and that we protect the professional standards that British citizens have come to rely on. Labour is therefore demanding that the Government amend the Bill to ensure that Parliament is given the opportunity to scrutinise secondary legislation appropriately and that the devolved Administrations are included in the regulation-making process. I look forward to the Government recognising the validity of our concerns as the Bill passes through this House.

Storm Arwen: Power Outages

Chi Onwurah Excerpts

Monday 6th December 2021 Commons Chamber

[Greg Hands]

I thank the hon. Gentleman for that constructive question. I would say to his constituent Craig Fraser that I think it is unacceptable that it took him more than four days to get an answer from SSEN. After this session, I will give the hon. Gentleman the details of the dedicated contact at SSEN, if he does not already have it, and I will also try to raise the matter with the chief executive, Chris Burchell. A key aim of the review will be to look at why the communications were not as good as they should have been, particularly in those crucial first few days.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

The Secretary of State can make it to the north-east for a photo-opportunity, but he will not come here to answer our questions. If thousands of homes in the south-east were without power, he would be here.

Last month the Government showed their contempt for the north-east by failing to invest in our transport infrastructure, and now we see the consequences of their failure to invest in and support our energy infrastructure. Why were there not enough generators? Why were no proper plans in place? Does the Minister accept that the energy markets as they stand are not working for the north-east, and will he do something about it?

[Greg Hands]

I am sorry, but I do not accept that. First, it is not right to criticise the Secretary of State for going up to the north-east on a Sunday to see members of the armed forces, and to thank the engineers and the community responders. As you will remember better than anyone, Mr Speaker, he came here last Wednesday to make a statement on the situation. There has not been a delayed response from the Secretary of State.

The hon. Lady also asked about generators. In fact, 755 were provided at the peak of the relief effort, and 500 are still being provided. I thought that she might join me in thanking some of those who are working so hard on the ground—not just the engineers, but those in the call centres. They are making tremendous efforts to ensure that those who have been disconnected are reconnected and that people have the help that they need in the short term, as well as ensuring that we learn the lessons of this unique storm.

Draft Regulatory Enforcement and Sanctions Act 2008 (Amendment to Schedule 3) (England) Order 2021

Chi Onwurah Excerpts

Monday 29th November 2021 General Committees

[Paul Scully]

That is a good question, and I will come back to it in a second. We have worked together to come to this point, and businesses support what we are doing here. The regulation has been a long time in the making. Local authorities face a lot of challenges in interpreting at pace the regulations made under part 2A to reduce the impact of the covid-19 pandemic, as well as the associated burdens experienced by businesses in trying to comply with all of that. Business stakeholders, local authorities and trade associations have offered strong support for bringing part 2A within the scope of the scheme. In November 2020, the British Retail Consortium, which represents more than 170 major retailers, wrote to the then Business Secretary—now the COP26 President —to request that part 2A be brought within scope. The context for that request was that, in 2020, around 46,000 businesses with an existing primary authority partnership received informal advice on coronavirus regulations made under part 2A.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

I thank the Minister for giving way and for making excellent progress in explaining the legislation. First, can he clarify that the regulation is about businesses that have locations or sites in multiple primary authorities, and would therefore be subject to competing advice? Secondly, does the regulation allow the businesses to choose the primary authority they receive advice from, or is that designation—on the point made by my right hon. Friend the Member for Walsall South—made by somebody else?

[Paul Scully]

It is exactly as the hon. Lady describes: the regulation concerns businesses that operate in different areas. The Secretary of State will designate the primary authority.

I can give one example of where the provisions have previously helped simplify the enforcement and interpretation of regulations, which concerns the primary authority for supermarket health and safety—the covid expert panel—which is made up of several primary authority officers and their business partners. The panel promoted active engagement with local authority enforcement teams and external bodies under health and safety legislation, which is in scope of the primary authority scheme, and remained at the forefront of their commitment to compliance in order to ensure that consistency.

Yes, the Secretary of State will designate the primary authority, but it gives businesses that are operating in multiple areas the confidence to know they will have a single set of rules to follow that are consistent, and enforcement will be consistent as well. That is what I mean about the fact that 46,000 businesses with an existing primary authority partnership are getting informal advice—that is about as consistent as it gets. That is why the British Retail Consortium and other business stakeholders are keen to ensure in any future public health emergency that businesses can get that primary advice, rather than having to rely on different interpretations across the board. We know the current pandemic is unlikely to be the last public health emergency that the country will face. It is therefore important that the order ensures primary authority advice can be given in respect of legislation made under part 2A in the event of future public health emergencies.

In conclusion, as I have said, the order widens the scope of the existing scheme, enabling businesses to receive primary authority advice on meeting regulatory requirements introduced by regulations made under part 2A through a single local authority. It reduces the regulatory burden on businesses in England when complying with regulations brought in to control and contain a public health emergency, with the result that the public are better protected and local authorities can regulate more efficiently and effectively. I urge the Committee to approve the order.

[Chi Onwurah]

It is a great pleasure to serve under your chairship on this important piece of legislation, Dame Angela. As the Minister has set out, the legislation is being considered with a future pandemic in mind. It seeks to amend schedule 3 of the Regulatory Enforcement and Sanctions Act 2008, or RESA, to bring part 2A of Public Health (Control of Disease) Act 1984 within the scope of the primary authority scheme. As the Minister set out, the scheme is a framework for a business, particularly one with multiple locations, to form a partnership with a specific local authority, which is therefore the primary authority, to receive support on particular pieces of legislation.

A primary authority can support a business in many ways, such as by issuing primary authority advice that must be followed by other local authorities where the business operates, which are therefore deemed the enforcing authorities; by co-ordinating enforcement action proposed against the business and assessing whether it is consistent with a previous primary authority advice issue to the business; or by developing an inspection plan, which sets out national priorities for routine inspection of a business and provides information about compliance policies that are in place. In other words, it provides a formal way for a business to receive local advice on particular areas.

The legislation extends the advice that can be provided to include health protection regulations of the type brought in during the covid lockdown. In the event of a future pandemic, that would allow businesses to receive consistent and reliable advice on complying with the regulations from their local authorities. The Regulatory Enforcement and Sanctions Act was introduced in 2008 under Labour. It established the primary authority scheme, which allowed local authorities and fire and rescue authorities to become primary authorities.

Through the schemes, businesses could partner with primary authorities and receive advice on meeting environmental, health, trading standards or fire safety regulations through a single point of contact, rather than having to deal with different points of contact in different local authorities and each of the local authorities in which they might operate. The partnerships are available to any type of business, regardless of size or experience. Businesses can join the partnership directly, or they can belong to a trade association and benefit from a co-ordinated partnership. They are also able to engage in multiple partnerships, receiving advice on different regulatory areas.

The 2008 Act allows businesses access to authoritative advice on areas of regulation, while allowing regulators to support local economic growth through stronger business relationships and more effective regulatory compliance. Businesses are only asked to cover the recovery costs of any advice they receive from a primary authority, allowing the Act in normal times to provide a cost-effective way of encouraging regulatory compliance. The amendment to schedule 3 seeks to add part 2A of the Public Health (Control of Disease) Act 1984 to the Regulatory Enforcement and Sanctions Act 2008. Basically, by doing so, it would allow primary authorities to advise businesses on public health measures.

Any measures that we can take to support businesses to keep their employees and customers safe, and to recover and continue through the pandemic, are important measures to take. Labour recognises that we need to do all we can to make life easier, not harder, for businesses, and to make sure that advice can be clear and consistent. Providing clarity and consistency is the job of Government.

Unfortunately, throughout the pandemic we saw businesses struggling with covid measures, particularly given the often confusing and chaotic advice handed to them by the Government. In July, the Government washed their hands of responsibility and passed the responsibility regarding face covering and NHS covid passes to businesses, with no consultation with either businesses or unions.

As I am sure all Members of this House have done, I have met and spoken with businesses and representatives of businesses during the pandemic who felt incredibly let down, as the Government seemed to pass the buck when it came to the responsibility for taking action. Those businesses felt that they were not equipped to make public health decisions. They needed clarity and consistency in order to be able to plan ahead. There were also concerns about the lack of economic support for businesses and about the miscommunication in that regard. However, we cannot expect this piece of delegated legislation to do everything.

Our economic recovery has undoubtedly been weakened by the Government’s mishandling of public health and economic measures, a situation that is compounded now by the lack of any clear long-term growth plan. Such a plan is urgently needed.

We note that the explanatory notes state that

“business stakeholders, local authorities and trade associations in England have requested that this change be made”—

as the Minister has said—

“to enable a more uniform approach to the interpretation and application of regulations made under Part 2A of the Public Health (Control of Disease) Act 1984.”

Giving businesses the opportunity to receive consistent and straightforward advice on public health issues will not only help to protect the public but will aid businesses in coping with any health-related regulatory changes.

I have just a couple of questions for the Minister. First, in relation to public health advice, is there expected to be any cost recovery from businesses for the cost of any advice they receive from a primary authority, and what discussions has he had with business organisations about this matter? I ask this question because the impact assessment outlines a potential net benefit to businesses of approximately £20 million over the next decade.

Secondly, as we have discussed, the Minister said that the Business Secretary will designate a primary authority. Could he set out that process in a little more detail? Will the Business Secretary designate a primary authority for each business that might benefit from a primary authority? In the past, concerns have been raised that businesses could shop around between local authorities to choose a primary authority whose advice and interpretation they felt they would most benefit from. I assume that that will not be the case, because the primary authority will be designated by the Business Secretary, as the Minister set out.

Finally, we note that the Welsh Government have chosen not to pass consent on this amendment, following a move earlier this year by the Welsh Government whereby they wrote to all local authorities to achieve a similar outcome through voluntary recognition of the primary authority scheme in relation to covid regulations. I am sure that the Government will continue to work alongside the Welsh Government and share experience about what is working well and what should be shared as good practice across our nations, and for consistency in planning where businesses may work across our four nations. Labour recognises the importance of the amendment in the draft regulations, and its potential to offer effective advice to business in any future health crisis. We therefore support this amendment being made to the Regulatory Enforcement and Sanctions Act.