Privileges
Debate between Damian Collins and John Redwood(5 years ago)
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Damian Collins
As I said to my hon. Friend earlier, I think there is a basic principle and a presumption that witnesses, be they a Minister or not, should attend Committees conducting inquiries. Select Committees conduct such inquiries on behalf of the House, with powers delegated to them by the House. I also believe that if a Member of the House of Lords chose to use their special privileges as a parliamentarian not to be summoned in front of a Committee, that would not be appropriate if that Member of the House of Lords held an important public position, as many Members of the House of Lords do.
Other options are available to question Members of Parliament and Ministers that are not available to question a private citizen. The only forum we have to question a private citizen as part of a parliamentary inquiry is to invite them to appear before a Select Committee. That power is incredibly important, because the role of a Select Committee is not just to scrutinise the work of a Government Department or a public body, but to scrutinise other matters of public interest, where a Committee believes there is a case for Government intervention, new rules or new laws on something important. It is for the Committees to determine the scope of their inquiries, and witnesses should attend when required. It is very rare that witnesses choose not to attend.
John Redwood (Wokingham) (Con)
Of course, Mr Cummings cannot be with us today—and did not want to be with us on another occasion. Did he give any indication that he thought there was some legal reason why it would be better if he did not attend?
Damian Collins
The correspondence between me as Chair of the Committee and Mr Cummings is published in full in the Committee’s report, so any Member can read that and make their own judgment as to the case that Mr Cummings made. Obviously, the matter was also reviewed by the Privileges Committee, which also invited Mr Cummings to speak to it as part of its inquiry, which he declined. Mr Cummings stated that other cases were involved, and that he had been guided by the people he had spoken to not to appear, but there was no reason in law for that. He was not under personal investigation; he was not likely to be charged with an offence. He may have all sorts of private grounds for not wanting to do it, but unless there is a particular legal reason why witnesses should not appear, I do not believe it is good enough for them to create reasons why they would rather not give evidence; that would undermine the whole process. If a witness declines to give evidence simply because it is unsatisfactory to him to do so, I do not think we should accept it.
Damian Collins
That is absolutely right. I was a member of the Committee when Rupert Murdoch came to give evidence, in response to a summons of the House. That was right in the middle of the phone-hacking scandal, with legal cases left, right and centre—massive challenges for that business—and yet he considered that it was his responsibility and the proper thing to respond, give evidence in person and answer all the Committee’s questions. If it is good enough for someone of the stature of Rupert Murdoch, surely Dominic Cummings could find time in his busy schedule as well. There was no reason why he should not have done so.
There have been other times when my Committee has struggled to get witnesses to attend and they have attended at the last minute. We are going through that process now with some companies. We may wish to call other organisations as well. We saw during our inquiry that other political campaigns, such as the shadowy Mainstream Network, which was advertising last year on Facebook, were seeking to get members of the public to lobby their MP on what they should or should not do on the Brexit withdrawal agreement. Other organisations, such as We are the 52% and Britain’s Future, are doing that right now. We might want to call in such organisations in future as part of investigations, but they could look at the behaviour of Dominic Cummings and say, “We are disinclined to come, and there is not much you can do about it.”
People often cite the ancient powers of the House to lock people up in a prison under Big Ben or in the House, and those powers technically still exist, but they would rightly be considered to be unenforceable. The House must therefore debate and decide what we want to do when witnesses decline to attend. There should be a proper process; it should not just be down to the arbitrary summons of 11 Members of Parliament. There should be a proper process to check—as the Privileges Committee has done—that the Committee was following due process, that it had good grounds, and that there was a public interest in the witness attending. Then, when they fail to attend, there should be some clear sanction. In other Parliaments in the world, there are rules in such cases—a referral to court or some other body that makes the final decision and imposes a sanction. I believe we now need clearly codified rules, on both summoning witnesses and ordering papers.
John Redwood
I am interested in this point. What kind of sanction does my hon. Friend think would be appropriate and might make a difference?
John Redwood
I agree that it is about balance. My hon. Friend has invited me to reach my conclusion before I have made my argument. However, cutting to part of the conclusion, yes, we do need to look at sanctions, and it would be good if as a result of this debate the relevant Committee considered practice in other good, democratic institutions around the world and looked at which were most effective. We need to be seen, as we are, as a serious body with every right to require any UK citizen to come here and explain themselves, and we need to be able to enforce that in a sensible and proportionate way. I do not think that our current enforcement is proportionate if someone has no good reason to refuse or deny.
I want to develop one or two exceptions to that rule. At the heart of this particular case is the issue of whether or not legal proceedings are under way that could in some way be prejudiced if the witness came here and spoke too widely about the things that the authorities were investigating. There is a sub judice rule. It is always a matter of judgment for any individual who faces that kind of proceeding, and it is also a matter of judgment for lawyers involved in prospective cases. I do not think that we should ignore that, as it could be an important part of this particular case, and can certainly be a crucial part of any future case. If someone has to answer because there is a general worry about their past conduct—I am not talking about Mr Cummings; I am talking about a future case—it is quite likely that there could be a legal inquiry, as well as the wish to have a parliamentary inquiry.
If we are going to have higher sanctions, as I suspect we should, we need to be even clearer about what are the legitimate legal grounds. That brings me to my next point. When people do something that is contentious for the wider public and for Members of Parliament, and which splits opinion in the country, there is a danger of too many inquiries. Suddenly, they are all across the media, and are on the front pages of the newspapers. Everyone is talking about them, and people chase the ambulance—they want to chase the excitement. There is a danger that there will be several Committees in this House wanting to conduct an inquiry into largely the same thing from different departmental perspectives. They may want to home in on the same key witnesses, because they are so newsworthy at the moment. We may then be in a position where we overload potential witnesses, and get in the way of conducting a fair inquiry that can add to our understanding, rather than just adding to glamorous media reports of our involvement.
Damian Collins
I know that my right hon. Friend is talking in general terms about a future case, but for the record, in this particular case involving Mr Cummings, Select Committees were not competing to ask him to come and give evidence. We were the only Committee that sought to invite him to appear, and we took advice from the House authorities on whether or not the concerns raised about other cases were relevant to our request.
John Redwood
I understand that, and I explicitly said that I was not talking about Mr Cummings in that part of my speech. This is about how we enforce in general, as well as being about the sanction that the House wishes to confirm in the motion against a particular individual. Certainly, Mr Cummings, Vote Leave and all the rest of it might have been subject to other inquiries, because there has been huge political interest in that both outside and inside the House, and it is a contentious matter. It is the kind of thing where there could be inquiry overload, with more heat but not a lot of light. We need a period of calm reflection, as I know the Committee Chairman and others are undertaking, to think about a range of possibilities.
There are two issues to deal with before we think of intensifying our sanction regime. First, can a witness give a really good reason, because of some kind of legal advice or legal inquiry? We do not want to get in the way of proper inquiries into possibly serious crimes. Secondly, can we make sure that we do not contribute to chasing excitement, and often false allegations, because an individual is in the media spotlight? Where there is a serious interest, perhaps a lead Committee should take it up and handle that particular person.
It is also important to be fair between the different possible categories of witnesses. We have to bear in mind that an individual will not have the back-up, support and cover for legal and other costs that may be involved in being on the wrong end of an inquiry, whereas a representative of a great company will have enormous support and will have people writing parts of their evidence and drawing on the back data that is needed, and they will obviously have cover for legal expenses.
John Redwood
It is always better to deal in facts than in general allegations or misdescriptions, so I thank my hon. Friend for his intervention.
The point I am making is that Committees should understand that an individual who does not work for a great corporation, who does not have a well-paid job or who is no longer part of an organisation does not have the same back-up and support as someone who is still the chief executive of a mighty company.
Damian Collins
My right hon. Friend is making an important point. The chief executive of a big company will have a team of people to help them prepare their evidence, but that is not required. Committees well understand that a submission from a company might be different from a submission from a private individual. There are many private individuals who submit written evidence and who freely come to give evidence to Committees without any of that support. All we ask them to do is to come and talk about themselves. In fact, when they seek to give evidence, they have the same legal immunity and protection as members of the Committee do, so they do not have to worry about potentially incriminating themselves or taking legal advice before speaking out.
John Redwood
I was not going to conclude that we should stop asking people who do not have a well backed up job, but we need to understand, as I am sure my hon. Friend does, that if we are asking an individual who was once in an important position, with all that back-up, to come and talk about events of a year or two years ago, and if they do not wish to mislead the Committee and they wish to be factually accurate, they will need somehow to get access to the records of their past institution and they will need to go through a lot of preparation, and they will have to do it all for themselves or spend their own money on getting advice and legal support.
Devolution in England
Debate between Damian Collins and John Redwood
Damian Collins (Folkestone and Hythe) (Con)
I congratulate the Select Committee on its report and the hon. Member for Sheffield South East (Mr Betts) as Chairman on his excellent speech introducing it. He is right that there is a consensus between the political parties on the need for, and role of, greater devolution. In my view, that should include devolution of powers not just from central government to local and regional government, but ultimately from local government to communities as well. I shall touch on that in my remarks.
The topical issue in this debate is about the northern powerhouse, the Manchester area and the devolution of powers from central Government to that Greater Manchester authority on matters including economic development and infrastructure, and health and social care. I am sure we will hear more from hon. Members from that region as the debate proceeds. In my region of Kent, however, many people looking at that level of devolution would probably welcome it and like to see it in their area, too.
The Select Committee Chairman rightly highlighted the number of city and county areas in the country that are of comparable size to other devolved areas of government. Kent, for example, has a similar size of population and parliamentary representation as Northern Ireland, which is a clearly defined area. If devolution can be managed in Northern Ireland, I think it can be managed in an English county authority, particularly one with more than 1.5 million people, as well. I would like to see this form of devolution—incorporating the planning of major economic projects, major investments and major infrastructure projects. We can take a county-wide view, lobby the Government for money, plan for the future and have the power to manage more of the investment ourselves and to create our own priorities, particular for transport infrastructure.
The debate about the integration and local management of health and social services also reflects something that many hon. Members would recognise and agree with for their own communities—the fact that greater integration between the management of those two resources is essential. We need to consider the experience of patients either being treated in the health service or receiving social care in their community so that they end up on one single pathway of care that can be managed by different bodies. The more they are integrated and the more their budgets are managed together, the better the results will be.
As we all know from our constituency case work, when a vulnerable person needs urgent and expensive medical care, we know exactly how that should be dealt with and it is often easy to provide for it, whereas when someone needs less expensive intervention at a lower level to support independent living at home, the money may be harder to find. I believe that if we adopted a more strategic approach and viewed such cases alongside each other, we would deliver not only better value for money for the taxpayer but better outcomes for patients.
Mr Redwood
Does my hon. Friend agree that we also need an England level of decision making when it comes to strategic railways, strategic roads and major health policies? We already have that in Whitehall Departments, but is there not a fundamental injustice if Members of Parliament from other parts of the United Kingdom can vote on such issues when they are England-only issues handled by England Ministers?
Damian Collins
I agree that powers and decisions should not be forced on English communities by MPs who are not affected by the outcomes of their votes. However, I think that there is a case for devolution of the kind that we have seen in the Greater Manchester area to large English authorities—county authorities such as Kent county council, for instance—which should be able to take a strategic lead. My right hon. Friend is right about major infrastructure projects. Local enterprise partnership boards, for instance, are often better placed than someone in Whitehall to know which road and which rail network should be made a priority for funding and investment. Local leadership of that kind is greatly to be welcomed.
European Council
Debate between Damian Collins and John Redwood(12 years, 3 months ago)
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Damian Collins
The problem with the stability rules has been that when there should have been interventions or challenges the opportunity has been ducked. That has allowed countries to fudge the rules, has made a shambles of the stability pact and has undoubtedly led to the crisis we face now. It demonstrates something that many hon. Members have known for a very long time: this was primarily a political project and the objective was to get as many countries in as possible and to keep them in whatever the cost, even if the cost was to the member states.
The other point made by the hon. Member for Rhondda (Chris Bryant) was about the concern in member states about whether staying in the euro is good for them or not. Since the December Council we have seen a greater understanding of what staying in the euro will mean. In effect, as my hon. Friend the Member for Stone (Mr Cash) said in his speech, it will mean that the European Commission will decide on budgets for member states, on debt levels and on spending and will enforce measures through the European Court to correct those states if they do not comply. The price of continued membership of the eurozone will then look increasingly high. I believe that might lead some countries to question whether to stay in—or, perhaps, the markets will make that decision for them. No doubt the events of the next few months will give us a good idea of how that will play out.
The challenge is for Europe not to continue as a fortress Europe, but, instead, to be a market Europe that looks to open itself up to the world. That is the best thing for its competitiveness and prosperity and for the future of all its citizens.
This month, the European Council published “The European Council in 2011” , which looks back at the previous year. The President of the Council, Mr Van Rompuy, said that
“we can draw confidence from the political will we mustered in the past year”.
I am glad that one person in Europe draws confidence from the political will mustered by the European Council, because I think most people see a failure of leadership and a great deal of concern about the effectiveness of that body to lead in the future.
In the same chapter of the book, which is entitled “The road ahead”, Mr Van Rompuy goes on to say:
“The key for the future is to harness the forces of change.”
I believe that is right: Europe needs to harness the forces of change. That requires a change of direction, however, rather than acceleration down the old worn path, which is where it is heading.
The document also states that the level of economic integration—in effect, the creation of a common economic policy—will remain high on the agenda for the European Council this year. It states:
“‘Member States shall regard their economic policies as a matter of common concern’. In 2012, we will further examine a deepening of our economic union, a subject on which I will report to the March European Council.”
It goes on to say:
“We must demonstrate that the euro is more than a currency: an irreversible project, a common destiny.”
That underlines the concerns that many of us have had for some time that the leaders of the European Council and leaders in Europe have been blinded by the political objectives behind the euro to whether it is truly sustainable for those countries.
Hon. Members have already remarked that trade is an important part of our membership of the European Union and that half of our trade is with the EU. That is true, but UK trade figures for the past 10 years show that the growth comes from trade not with the member states of the European Union but with the emerging consumer markets around the world, in Brazil, Russia, China and India. That is common in countries such as Germany, too, because as the world economy grows and there are more consumers, we need to be in the market competing for their goods and services.
Mr Redwood
Does my hon. Friend recognise that because of the Rotterdam entrepot effect of goods going through that port to other parts of the world and because of large service exports to non-EU countries, the true figure is under a third? It is nowhere near half.
Damian Collins
I thank my right hon. Friend for that important contribution. It follows my point that the future of our trade and growth will increasingly lie beyond the borders of the EU and not solely within it. That should not make us any less European; we must simply recognise that the world economy is growing, that it is growing outside the EU and that those economies are increasingly competitive. They have more consumers with more money in their pockets and more demand for the products we can sell. Our challenge, and that for Europe, is to make ourselves open to those markets. Rather than having European rules and regulations, particularly on social and environmental law, that seek to add costs and make us less competitive, we should review them and consider whether they are truly fit for the modern world in which we live. That would give us the chance to compete in this more competitive and growing global economy.
That is the crisis that Europe faces as it reaches its crossroads. Its rules and regulations have created a union that is less competitive than it should be and more weighed down with debt. Currency union has not supported the weaker countries but has emboldened and added weight to the strength of those already strong economies, such as Germany. Those fundamental issues must be addressed as Europe faces its crisis. I believe that they are the issues that the Council must tackle. It will require a more flexible and open Europe in which, I believe, the UK can act as a fellow traveller, setting the course of direction. We must be very clear that if Europe will not move and will not change, we cannot afford to be held back by it.