European Convention on Human Rights

Edward Leigh Excerpts

Monday 9th May 2016 Commons Chamber

[Mr Chope]

The hon. Gentleman has made his point very well. However, I am concentrating on what the Home Secretary said. She seemed to be announcing a Government policy that the United Kingdom should leave the convention but stay in the EU. Her speech led to an urgent question, which was granted by Mr Speaker, and I—and other people who were present on that occasion—could not understand how we were going to be able to deliver the Home Secretary’s agenda on human rights if we remained in the European Union and subject to the EU charter of fundamental rights.

Questions were raised by Members during those exchanges, and it became clear that the Home Secretary—and, indeed, the Government—were indeed rather muddled about this. One of the questions that was asked was whether membership of the European Union required us to be a party to the European convention on human rights. The Home Secretary was not answering the urgent question. The Attorney General answered, as a Law Officer. He said:

“It is not…in any way clear that membership of the European Union requires membership of the European convention on human rights…there are considerable legal complexities”.—[Official Report, 26 April 2016; Vol. 608, c. 1291.]

My hon. Friend the Member for North East Somerset (Mr Rees-Mogg) then cited article 6.3 of the treaty on European Union, which states:

“Fundamental rights, as guaranteed by the European Convention…shall constitute general principles of the Union’s law.”

He went on to refer to the fact that the Commission had said that any member country of the European Union that sought to disengage from the European convention on human rights might have its voting rights suspended.

Then, as so often happens in this House, my hon. Friend the Member for Wellingborough (Mr Bone) asked a really pertinent question. He said:

“Can a country remain in the European Union and still come out of the convention? What is his legal opinion on that?”

The Attorney General replied:

“As I have suggested, the legal position is not clear.”

He went on to say that he did not

“have the time to go into all the ins and outs of that particular question now, but I suggest it would also be wrong to say that it is clear in the opposite direction.”—[Official Report, 26 April 2016; Vol. 608, c. 1301.]

So that was what the Government were saying about this particular matter.

This morning, I heard the Prime Minister chiding Brexiteers for having no clear comprehensive plan for life outside the EU, but that was a classic case of the pot calling the kettle black. As I have just said, the Prime Minister and the Government have no clear plan for life inside the European Union if there is a remain vote on 23 June. They do not know what will happen to their human rights agenda. There are many other examples beyond that.

It is a failure by the Government not to address this issue up front, and to leave it hanging in the air pending the referendum. We have had some quite clear advice from lawyers of great distinction. For example, Lord Woolf said:

“You can legally reconcile the doctrine of the sovereignty of Parliament with the European Convention on Human Rights. You cannot do that with regard to the European Charter, because the position there is that you can trump a statute.”

Lord Woolf was being quoted there in the House of Lords paper 139, which was published today. We now have a situation in which the Home Secretary seems to be arguing that we would be more secure if we left the convention on human rights but retained European law relating to fundamental rights.

I should like to give the House some examples of how EU law is undermining our security. In The Sunday Telegraph yesterday, it was reported that six Algerian terror suspects with links to Osama bin Laden and al-Qaeda were to be allowed to stay here after a 10-year battle in the courts. I think that the Under-Secretary of State for Justice, my hon. Friend the Member for Esher and Walton (Mr Raab) has made the point that the number of people fraudulently trying to gain entry into the United Kingdom has almost doubled in a year. That is because those people realise that we do not have the power to turn them away at our borders if they are waving a European Union identity document.

I was speaking at a conference on European freight security last week, at which it became apparent that we are not allowed to X-ray lorries in Calais to see whether they contain illegal migrants because it might be damaging to the human rights and health of those illegal migrants. That is another example of how human rights laws undermine our ability to keep our borders secure. Another example is that we are not allowed to take DNA samples from migrants who refuse to give their fingerprints when they enter the European Union, which is expressly prohibited by the Eurodac regulations.

Then we have the example, which came out a couple of months ago, of Abu Hamza’s daughter-in-law. We found out that she was his daughter-in-law only through a freedom of information request. An advocate-general in the European Court of Justice said that it was in principle contrary to European Union treaties to remove the lady from the United Kingdom, notwithstanding the fact that she had been convicted and sentenced to a year’s imprisonment. It was subsequently revealed that she had been convicted of attempting to smuggle a Sim card to Abu Hamza while he was in a high-security prison, but even that grave crime was insufficient to allow the courts to remove her from the United Kingdom because of the intervention of the European Court of Justice, which exercised its powers under the EU’s fundamental rights laws.

I cannot understand how the Home Secretary can consistently argue that we should stay in the European Union when the logic of everything she said in her speech was that we should be leaving the EU. It is potentially misleading for members of the public to think that they can have their cake and eat it by leaving the European convention on human rights while still remaining subject to the European Court of Justice.

[Sir Edward Leigh (Gainsborough) (Con)]

Perhaps all these complexities explain why so little progress is being made on our manifesto commitment to leave the European convention on human rights. When the Minister replies, I hope that he will make it clear that the Government have not gone cold on that.

[Mr Chope]

I hope that the Minister will be able to respond to that. We had a debate towards the beginning of this parliamentary Session in which the Minister made it clear that the Government intended to bring forward a consultation document on this sooner rather than later. I think he envisaged that that would be before Christmas, but it then became after Christmas and now it is after the referendum. They were talking about a consultation document, so why can we not have even a discussion? I fear that it has been kicked into the long grass on the instructions of No. 10, because it was realised that it would lead to lot of awkward questions. The Government have demonstrated throughout the course of the referendum debate that they are quite happy to ask hypothetical questions and complain when people are unable to answer them, but they are unwilling to respond positively to the questions that people are asking them.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Justice (Mr Dominic Raab)]

I congratulate my hon. Friend the Member for Christchurch (Mr Chope) on securing tonight’s debate and pay tribute to his recent work as chair of the UK delegation to the Parliamentary Assembly of the Council of Europe. He is very knowledgeable in this field and he made a very powerful speech.

For all the contentious debate about human rights, few argue against the common-sense list of rights set out in the text of the European convention on human rights. The Government are and will remain committed to the protection of those rights. The United Kingdom was a founder member of the convention and was instrumental in its drafting. I have said on a number of occasions that those who suggest it was somehow an exclusively British creation are overegging the pudding or rewriting history. The negotiation of the convention saw an interesting contest of views between the common law and civil law traditions, as evidenced clearly in the travaux préparatoires of the convention, which are available online. The convention—the product of those negotiations —reflects the compromise between those two very different traditions and approaches.

Nevertheless, the concerns that have arisen about the convention are far less about being objections to the strict list of rights set out there; they lie more with its interpretation and application, which has been expanded and extended exponentially, well beyond what the original drafters intended. That is partly the result of judicial legislation by the Strasbourg Court, but it has been compounded by the design and structure of the Human Rights Act. It should be pointed out at this stage that serious criticisms have come from Labour Lord Chancellors, lawyers across the spectrum and senior British judges, as well as from Government Members. These problems have fuelled a rights inflation that has undermined this country’s liberal tradition of freedom and its approach to human rights, which is founded in Magna Carta and in the thinking of great British philosophers from John Locke and John Stuart Mill through to Isaiah Berlin. We have shifted towards imposing more and more obligations on government that require it to provide, rather than merely insisting that it refrain from acting in certain arbitrary ways, which was very much the history and tradition of the liberal approach. These developments have exposed us unnecessarily to judicial legislation at home and in Strasbourg that takes decisions out of the hands of this House.

[Sir Edward Leigh]

The Minister is making a powerful critique of the convention, so perhaps he can now tell the House when we are going to fulfil our manifesto commitment to get out of it.

Transitional State Pension Arrangements for Women

Edward Leigh Excerpts

Wednesday 24th February 2016 Commons Chamber

[Owen Smith (Pontypridd) (Lab)]

I beg to move,

That this House notes that the e-petition 110776, Make fair transitional state pension arrangements for 1950s women, has attracted more than 150,000 signatures; and calls on the Government to bring forward proposals for transitional arrangements for women adversely affected by the acceleration of the increase in the state pension age.

I want to start today’s important debate by saying how lucky I am to come from a family in which there have always been such strong and hard-working women—my mother and grandmothers, and now my wife and daughter. If there is one thing I have learned from all of them, it is that no one should ever try to pull the wool over their eyes—to take them for fools—because I guarantee they will always be found out.

That is a lesson the Tories really should have learned back in 1991—when they first started planning to equalise the pension age for women with that for men—because that is precisely what has happened: they have been found out. They have been found to have failed in their duty to inform women properly about the changes that were planned. They have been found to have left hundreds of thousands of women ill-prepared for a decision that would see the worst affected lose up to £36,000 in pension payments. They were found to have compounded their error in 2011, when a further delay to the pension age—to 66—was rammed through with barely two years’ notice. In the words of their current Pensions Minister, they have been found to have “pulled the rug” from under 2.6 million British women. Today, Labour will speak for those 2.6 million women and demand that the Government tell us what they plan to do to make amends.

[Sir Edward Leigh (Gainsborough) (Con)]

Before we get too party political about this, it can indeed be said that an individual notice should have been given back in 1995. However, shortly after that, Labour came in, and there were perhaps a dozen Labour Pensions Ministers during all of Labour’s time in office. We are 20 years on. Can the hon. Gentleman not accept that we all have lessons to learn? An individual notice should have been sent out by at least one of those Governments—by the Conservative Government or the Labour Government. The hon. Gentleman had an opportunity to do that over all those years.

[Owen Smith]

With respect, I did not have an opportunity because I was not here at the time. The hon. Gentleman is right that successive Governments have lessons to learn from this sorry affair, but the truth, as I intend to spell out, is that a change was first mooted in 1991, and the then Tory Government made no substantive efforts between 1991 and 1997, when they left office, to offer people a proper notice. Thereafter, the Labour Government did attempt to do that, and I will enumerate exactly the ways we tried to make amends. However, the problem was compounded by the coalition Government’s actions in 2011. If anybody has lessons to learn, it is the Conservative party, which has the greatest responsibility for these changes, and which now has a duty to make amends.

Police Grant Report (England and Wales)

Edward Leigh Excerpts

Wednesday 10th February 2016 Commons Chamber

[Mike Penning]

I have spent quite a bit of time in Lincolnshire over the years, and was lobbied extensively by the chief constable and the commissioner for a change to the funding formula. The sort of innovation we have seen in places such as Lincolnshire, with the parish specials, rural mounted specials and so on, is exactly the sort of thing we would like to see replicated.

[Sir Edward Leigh (Gainsborough) (Con)]

In Lincolnshire, we are very grateful to this Minister, because he has done more than any other Minister to come up and spend days with the police force. We very much appreciate what he has done with this grant and so on. We have, however, had a letter from the chief constable saying that because of historical problems, increases in police salaries and increases in national insurance contributions, he still has a significant funding deficit. Will this wonderful Minister, with all his knowledge of Lincolnshire, just say a word about what more he can do to help us, please?

[Mike Penning]

I know exactly what my hon. Friend is saying and I know exactly what is in the letter, because I have received a very similar one. Lincolnshire’s force was asking me to change the funding formula to make it fairer for Lincolnshire; a lot of constabularies and a lot of people in this House have asked for similar over the years. We are continuing to look at that and I will make sure I get it right, but this settlement is a lot better than Lincolnshire thought it was going to get and a lot better than it would have been, had there been a Labour Minister at this Dispatch Box.

Gender Pricing

Edward Leigh Excerpts

Tuesday 2nd February 2016 Westminster Hall

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Edward, and an honour to follow the right hon. Member for Basingstoke (Mrs Miller), who served with distinction as Minister for Women and Equalities. I congratulate my hon. Friend the Member for Dewsbury (Paula Sherriff) on securing this important debate. She made her name with the tampon tax, which made waves even if it did not quite get legislative change, so let us hope that such change will result from today’s debate.

I agree with everything that has been said. This is an example of everyday sexism. As my hon. Friend pointed out, it hits from babyhood to old age. There are so many examples. It is a great hidden gender swindle perpetrated by the retail trade, which has spotted an opportunity that many of us do not notice because someone would have to be quite diligent to do the comparison every time.

In 2016, we have been led to believe that gender barriers are dissolving and eroding in many areas, but there are examples of price differentials from toys to toiletries and even in clothing. A white T-shirt for a man in Tesco’s F&F range costs a lot less than the woman’s equivalent. It just seems wrong that products for her are much higher priced than the equivalent for him. The Times’ research found that the differential can sometimes be 37%, which is quite a lot, and the total cost of that can rack up over a woman’s life, and yet it happens without anyone noticing.

There was a disagreement over whether tampons and sanitary products were luxury items. This is not about those Yorkie bar wrappers saying, “It’s not for girls!”, which make my blood pressure rise—I am off Yorkies now. The issue will never be one of those things that is emotive in the same way as “Made In Dagenham” and the Equal Pay Act 1970 or the suffragettes, about whom a film was also made recently, because it happens without our noticing. It is not totemic in the same way. When shopping, the relationship is usually between value and quality, but here it has been subverted by gendered commodities. It seems strange to have two different versions of a product. Surely a razor is a razor and a pen is a pen, no matter the gender of who uses it. At Boots—I think—eight women’s razors cost £2.29, but it is £1.49 for 10 men’s razors. It makes no sense at all. If it is true that Boots has bowed to pressure, that is good news.

The campaigning has been thoroughly modern. The Fawcett Society started a petition that was spearheaded by Stevie Wise of Middlesex University and gathered some 35,000 signatures. This has happened a few times on women and equality issues recently. A constituent of mine ran a petition that achieved nearly 4,000 signatures, protesting that none of the 70 composers on the A-level music syllabus were women, and there has now been movement on that. When the new draft regulations for A-level politics come out, I think we will see that feminism has been reinstated in some form. The petition for that received nearly 50,000 signatures. It is a thoroughly modern, bottom-up way of campaigning that has led to Boots caving in. I said that I would be brief, but I just want to agree and commend my hon. Friend for her initiative. There are things that can be done.

Counterintuitively, in America, capitalist land of the free, they are more progressive than we are. The New York research that was mentioned earlier led to retailers sitting down around the table. We should be doing the same, including with Amazon and other online retailers, even if we think that their tax arrangements are a bit too friendly and they seem to be able to pay what they want. In fact, in New York they have rent control as well. I know that that is not pertinent to the subject of the debate, but on some of these issues, counterintuitively, the Americans have got it right. Surely we can catch up.

I hope that the Minister will have some good news. We thought that progress was being made on women’s equality. After all, at Prime Minister’s questions at the end of last year, the Prime Minister declared to me across the Dispatch Box that he is now a feminist. He needs to put his money where his mouth is and do something, because it seems like women are viewed as cash cows. One might say that we can vote with our wallets, but, as the right hon. Member for Basingstoke said, how many people are really going to make the comparison all the time? It happens beneath the radar. It often seems like we are sleepwalking into discrimination. We have anti-discriminatory legislation in this country—introduced by Labour Governments—so this rip-off needs to stop.

[Sir Edward Leigh (in the Chair)]

We come to the only other man present.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Women and Equalities and Family Justice (Caroline Dinenage)]

It is a pleasure to serve under your stewardship, Sir Edward. I welcome the hon. Member for Edmonton (Kate Osamor) to her place—I look forward to working opposite her. I add my voice to those congratulating the hon. Member for Dewsbury (Paula Sherriff) on securing this important debate and on all her hard work and effort. This is a fundamental issue, and I have listened to all today’s contributions with enormous interest.

This is not a straightforward issue. It seems like a case of simple, unacceptable injustice, but the closer we get, the more complex it is. Many people here, and others in the press, have raised interesting and important points about the way that pricing structures can exploit women. The general public have also been active partners in this debate, and rightly so. They are asking whether there is a tax on womanhood in the British high street. I am pleased to hear from my right hon. Friend the Member for Basingstoke (Mrs Miller) that the Women and Equalities Committee will be considering this important issue. She has had to leave, but she and her Committee will display their normal tenacity and insightfulness.

I will first respond to the hon. Member for Dewsbury by explaining that this position is tricky because it slips between equality and consumer law, and I will then set out the more general implications for gender equality. The Equality Act 2010 provides that a retailer must not discriminate against a customer, either by failing to provide goods or services or by providing them on different terms, on the basis of someone’s gender. In the cases described in the research that we are discussing, retailers are not refusing to sell goods to female customers; in fact, I am sure that they are only too pleased to sell them, because they make more money doing it that way. Retailers are not applying discounts for men that they are not applying for women. We are all equally able to buy the same products. It is just that the ones marketed at women seem to be inexcusably higher in price. Goods and services that are in the high street can be bought by either sex at the same price, regardless of whom they are designed or marketed for. As long as the treatment is the same for both sexes, we are within the realms of equality law.

With very few exceptions, we do not operate price controls in the UK, and businesses are generally free to set their own prices on the goods that they sell to consumers. It is of course fundamental that businesses listen to their customers and any concerns that they have about pricing. It is very good news, and not a little ironic, that we are now beginning to hear from some of the major retailers that that is indeed what they are doing today. Responsibility for ensuring that markets operate competitively falls to the Competition and Markets Authority. Complaints of market failure need to be addressed to the CMA. I will be speaking to the CMA about this issue and I encourage everyone who has any evidence of this behaviour to do so, too.

There have been calls today for the Government to conduct an independent analysis of gender pricing. I am listening to those calls very carefully. It is important to understand that consumers are a very important priority for the Government. We need to have confident and well-informed consumers, because that drives effective markets and the UK economy. Only last October, the Consumer Rights Act 2015 came into force. It sets out a simple, modern framework of consumer rights. Consumers are also protected by the Consumer Protection from Unfair Trading Regulations 2008, which ban traders from engaging in unfair commercial practices against consumers—for example, giving them false or deceptive information or descriptions of products, or misleading them by leaving out important information that they need to help to make a purchasing decision.

What about the role of advertising that exploits gender stereotypes? Product advertising is controlled primarily by self-regulation. The Advertising Standards Authority has responsibility for ensuring compliance with “The British Code of Advertising, Sales Promotion and Direct Marketing”. The code is a body of rules by which the advertising industry agrees to abide. It requires all forms of advertising to be legal, decent, honest and truthful and prepared with a sense of responsibility to both consumer and society. The ASA says that it is happy to look into consumers’ concerns, and again I encourage anyone who feels concerned about the way products are advertised to speak to it.

When it comes to the law, it is important to consider whether we are talking about selling the same product at a higher price, or similar products aimed at different markets. If it is the latter, no laws are broken, yet it is absolutely valid to feel concerned at what is happening. Some people are asking: are manufacturers and retailers exploiting gender stereotypes to make women feel inadequate unless they pay a premium for products that implicitly or explicitly suggest that they are “for them”? That is the crux of the matter. Personally, I have a slight aversion to pink products that are specifically designed for ladies—maybe I am just a bit contrary like that.

The hon. Member for Dewsbury, who initiated this very important debate, has already given a number of examples of gendered marketing from recent years. Some of those have been largely met with ridicule. I do not know whether any hon. Members remember the stream of online reviews when a certain ballpoint pen manufacturer manufactured a lady’s version, in pastel shades. Hundreds of women went online to express their heartfelt gratitude. One said:

“My husband has never allowed me to write, as he doesn’t want me touching men’s pens…Once I had learnt to write, the feminine colour and the grip size (which was more suited to my delicate little hands)…enabled me to vent thoughts about new recipe ideas, sewing and gardening.”

I am sure that we can all sympathise with that. Men joined in with complaints that the delicate pens were too slippery for fingers calloused from a hard day’s shark wrestling, and that they hated the visions of fairies and rainbows that they got whenever they used those pens.

I have seen, as I am sure we all have, special women’s Sellotape, dental floss, earplugs, energy drinks and even blenders, as well as the women’s haircuts highlighted by the hon. Member for Falkirk (John Mc Nally). A personal favourite of mine is the men’s and women’s versions of unperfumed deodorant—because people might guess—and let us not forget that old favourite, man-sized tissues for man-sized noses.

However, there is a serious side to the issue, as hon. Members from all parties have pointed out. It is absolutely right that we empower consumers to ask whether there is a clear difference in the products and production costs, or whether the manufacturers believe that women can be persuaded to pay more than men. Consumers are within their rights to ask retailers to explain why. Why might a pair of women’s jeans cost more than men’s? Is it due to a larger range of different fits, lengths, colours, types of stitching and qualities of denim, or is it just that they are particularly marketed towards women?

I recently had a constructive meeting with the chief executive of the British Retail Consortium. She informed me that although the consortium is keeping a lookout for the issue, it has not been raised by BRC members. Helpfully, though, a number of retailers have contacted my office within the last few hours to discuss the matter. As my right hon. Friend the Member for Basingstoke and others correctly pointed out, Boots today corrected the price of disposable razors and eye roll-ons, Sir Edward, so we will be paying the same price for those in future.

[Sir Edward Leigh (in the Chair)]

Eye roll-ons? I don’t normally buy those.

[Caroline Dinenage]

Well, you might now. It seems that the power of the female consumer’s voice, once it is brought to public debates such as this, is starting to be heard. We encourage that, of course, and we encourage other retailers to take note. We heard from the British Retail Consortium that non-food prices have fallen continuously for the past 33 months, and that that may be in part because consumers are more informed than ever before. Long may that continue.

Another serious issue is the impact on children, which the hon. Member for Lanark and Hamilton East (Angela Crawley) mentioned. I know from my postbag that many parents are concerned about the impact of gendered marketing on children, which is compounded if, as we are discovering, there is a price differential too. Children learn through play, so it is important that they have access to a wide range of toys and interests, whatever their gender. So what if boys want to wear pink and girls want to play with train sets? At least, as we heard a couple of weeks ago, Barbie has finally put on a few pounds. That is something to make us all feel a bit better. That is why the Government are committed to supporting parents and teachers in raising the next generation of informed consumers by developing media literacy and resilience to restrictive stereotypes.

[Caroline Dinenage]

The hon. Lady is absolutely right. Only last week, I was at an event geared towards getting girls into science, technology, engineering and maths. Those sorts of initiative are so important. In order to correct the gender pay gap, which we have discussed, we need women to aim for those higher-paid careers.

The hon. Lady also raised the point that if we could get more women on boards, gender discriminatory decisions might not be made. I am pleased to say that we have made enormous progress on that under Lord Davies; the 25% target for women on boards of FTSE 100 companies has now been met, although we agree that more needs to be done to improve the executive pipeline. At the moment, less than 10% of people in the FTSE 100 executive pipeline are women. We have accepted his recommendations to establish a new review focusing on the executive layer of FTSE 350 companies. That is important to ensuring that the retail issues change.

I do not want to make a massive party political point out of this, but I gently say to the hon. Ladies who have spoken about how cuts have hit women hardest that a record number of women are in employment. We all want to see women in higher-paid employment, but that record number is a good thing. The female participation rate has increased by more since 2010 than it did during the previous three Parliaments combined. Women’s salaries are rising in cash terms. We are cutting tax for nearly 13 million women by 2017-18 and the gender pay gap is at its lowest level. No one should think I am in any way complacent about that. I know that there is still more to do, but we are dedicated to that.

As the Minister for Women and Equalities and Family Justice, I am happy to keep a very close eye on the issue raised today, but I fundamentally feel that is up to us all as intelligent, questioning consumers to demand an explanation from retailers and manufacturers for the different prices, if we have questions or concerns. Actions speak so much louder than words. While women’s voices must unite on this issue, it is even more powerful if women speak with the power of our purses. As a result of the growing debate on this issue, I know that more women will understand that they do not have to buy pink razors. The blue ones are just as good, and men are of course welcome to try the pink ones out if they wish, Sir Edward. I know that if the tables were turned, men would be proudly choosing pink earplugs if they realised that they cost a third less.

[Sir Edward Leigh (in the Chair)]

Does the hon. Lady wish to sum up?

[Paula Sherriff]

Thank you, Sir Edward. I will sum up briefly. I thank all the contributors to today’s debate. It was refreshing to hear the spirit in which the debate was entered into, and to have representatives from four political parties. I pay special tribute to the hon. Member for Falkirk (John Mc Nally), who has joined us this afternoon.

The Women and Equalities Committee has a significant role to play in this issue going forward, and I welcome its investigation. I completely agree with the Minister that retailers have some questions to answer, but equally, the Government have a role to play, and I urge her to consider the analysis on the cumulative impact on women.

My hon. Friend the Member for Ealing Central and Acton (Dr Huq) made a powerful point about people power. We have seen that this afternoon, with the response from Boots. The hon. Member for Lanark and Hamilton East (Angela Crawley) made a powerful point about the need for more women MPs. The number is going up, but it is not nearly enough. I am proud to belong to a party that practises positive discrimination for women with all-women shortlists. Equally, there need to be more women on boards. I acknowledge the progress that has been made, but until we reach 50%, I will continue to champion the cause.

I thank my hon. Friend the Member for Edmonton (Kate Osamor) for her contribution. She made a valid point on advertising and the pressure on women to look and behave a certain way. I agree that we could definitely learn from some of the research that has been undertaken in America. Like many others, I will be watching the issue carefully. I hope that I can contribute going forward by speaking to retailers. Let us see some positive difference in this area.

[Sir Edward Leigh (in the Chair)]

Thank you to all those who have taken part in a most interesting debate. It was certainly an eye-opener for me.

Question put and agreed to.

Resolved,

That this House has considered gender pricing.

Transitional State Pension Arrangements for Women

Edward Leigh Excerpts

Monday 1st February 2016 Westminster Hall

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

I thank my hon. Friend the Member for Warrington North (Helen Jones), the Chair of the Petitions Committee, for the excellent way she opened the debate. It is good to see you in the Chair, Mr Hanson. I thank the WASPI campaigners for the great job they do. I think that we should all thank them. I say to the Minister that I think it is shabby for another Minister to block people on Twitter who are doing such a lot of work to bring issues to our attention. That is a dreadful thing to do.

The former Pensions Minister, Steve Webb, has said that the Government made “a bad decision” over the changes to pensions. His excuse was that Ministers had not been properly briefed. Despite the excuses, it seems astonishing that so many crucial issues were overlooked. Raising the state pension age creates a need for new jobs and new support for people if they are made redundant. For all the women no longer allowed to retire at 60, there has to be a job so that they can continue to work, or a scheme for financial support.

The Commons Library estimates that 3,200 women in Greater Manchester and 9,400 women in the north-west are affected this year alone by the increases in the state pension age. Across the 10 years to 2026, those numbers rise to 100,000 in Greater Manchester and nearly 300,000 in the north-west. Across the United Kingdom, a staggering 2.5 million women will be affected by 2026. Where is the work and the suitable support for all those women? Finding suitable employment when you are in your 60s is not the same as looking for work in your teens and 20s. The experience of my constituents who are unemployed or who took redundancy hoping to retire at 60 is that suitable work or support programmes do not exist. It seems to me that the issues were known about at the time.

[Sir Edward Leigh (Gainsborough) (Con)]

When I mentioned this afternoon the case of a constituent who is a widow and is severely affected by this issue, the Minister in his reply read out a long list of benefits that the lady could receive. Unfortunately, she cannot work. In a sense, having paid in all her life—for 35 years—why should she go cap in hand to the jobcentre?

[Barbara Keeley]

Absolutely. I know of a similar experience, which I will come to in a moment.

The impact assessment for the 2011 Bill showed the number of inactive women as 31% of those aged 55 to 59 and 65% of those aged 60 to 65. Four out of 10 of the women aged 50 to 59 were inactive owing to ill health or disability, and 24% stated caring at home as their reason. What plans did the Government make to give support to such women once they were over the age of 60, in terms of suitable jobs, financial support if they were ill or disabled, or financial support if they gave up work to care for family members?

Like the hon. Member for Gainsborough (Sir Edward Leigh), I have a constituent who is forced to attend the Work programme. She feels that it fails to take into account her previous experience, and she feels that she is going to be “parked”, working for free for up to 30 hours a week, or face sanctions. It is difficult for her. She has mobility problems, but she has to pay her own parking costs when she attends the Work programme, because only petrol is paid for.

I have spoken to WASPI campaigners with similar problems in Greater Manchester: forced on to the Work programme at age 62, despite having more than 40 years of national insurance contributions—exactly the point that the hon. Member for Gainsborough made. I have another constituent of 62 who has worked since she was 15. She has osteoarthritis in both knees. She has had one knee replacement and is now waiting for a second. She cannot get her pension until 2019. She is on half pay from her employer and she had contributory ESA to top that up for a while. That seems fair, given that she has more than 45 years of national insurance contributions. However, after assessment she has been told she is fit to do some work and she must apply for jobs, despite having her second knee replacement scheduled soon, and despite being on sick leave from her job. She told me,

“I have been so upset with this whole procedure you are not able to get better... Can you believe it I was pleased they took the ESA off me because it is making me ill to keep dealing with them and the way you are dealt with.”

Government Members who talk about ESA and JSA, as some Members did in DWP questions earlier, should realise what it means to have to go to jobcentres, go on to the Work programme or go to ESA assessments.

We should be ashamed to have a system that treats women born in the 1950s in this way. They have worked all their lives, brought up children and paid more than 40 years of national insurance. Very few of them ever had equal pay, and certainly not equal chances of an occupational pension. So I want to ask the Minister why his Government did not consider different schemes for people who have worked all their lives and find themselves redundant or unemployed in their 60s. I can tell him that other EU states have done so.

Faced with the facts of the ill health of women in the 55 to 59 age group, why did the Government not introduce a different support scheme for women who became ill in their 60s after a lifetime of working contributions? Why have the Government not looked at a bridge pension scheme, as some other EU states have done? Why did the Government not look at allowing women aged 60-plus and living outside London to have concessionary travel, as the Mayor of London did for women—and men—with the 60+ Oystercard? Why did the Government not consider women born in the 1950s being able to qualify for winter fuel payments between the ages of 60 and retirement?

The Government are taking £30 billion off women born in the 1950s, which could mean as much as £36,000 per woman affected.

Oral Answers to Questions

Edward Leigh Excerpts

Tuesday 26th January 2016 Commons Chamber

[Michael Gove]

Absolutely. I make it my business to talk regularly to the Home Secretary about this issue, as we share the concerns of the right hon. Gentleman. I also know that the Under-Secretary of State for Justice, my hon. Friend the Member for South West Bedfordshire (Andrew Selous) and the Minister for Security, my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes) meet regularly to ensure that we do everything possible to monitor the matter. Across the House, there is a recognition that we must deal not only with violent extremism, but with extremism itself. Those who seek to radicalise and to inject the poison of Islamism into the minds of young men need to be countered every step of the way.

[Sir Edward Leigh (Gainsborough) (Con)]

2. What steps his Department is taking to increase value for money in its spending.

[The Parliamentary Under-Secretary of State for Justice (Mr Dominic Raab)]

We are determined to help eliminate the budget deficit and deliver better justice, which is why we are cutting 15% from the Ministry of Justice budget over the spending review, but finding £1.3 billion to overhaul the prison estate so that we drive down reoffending and ensure that my hon. Friend’s constituents get better value for money and better bang for their buck out of the justice system.

[Sir Edward Leigh]

The Ministry of Justice has faced spending cuts as deep, or deeper, than any other Department in Whitehall, and yet, despite the occasional criticism and row, I am not sure whether the public has noted any discernible reduction in the service provided by the Department. Will my hon. Friend summon in the Secretaries of State for Health, Work and Pensions, International Development and Defence and give them a verbal tongue lashing about how we can emulate the private sector and create more wealth, goods, enterprise, deregulation and lower taxation and still provide better services?

[Mr Raab]

I thank my hon. Friend for his insightful remarks. As a former Public Accounts Committee Chairman, he will appreciate that we have already slimmed back-office by £600 million so that we can extend rehabilitation to the 45,000 offenders on short sentences, where we have some of the highest reoffending. Now we are cutting the admin budget by 50%, but investing £700 million to modernise our courts. It shows that, whether we are talking about delays at courts or the offenders passing through them, we can drive efficiencies and deliver a more effective system.

Assisted Dying (No. 2) Bill

Edward Leigh Excerpts

Friday 11th September 2015 Commons Chamber

[Rob Marris]

No, I must make some progress. I am sorry.

The European Association of Palliative Care says there is no correlation between the quantity and quality of palliative care in any jurisdiction and whether or not that jurisdiction has legislation like or similar to the Bill. The legislation I am proposing today, as many Members will know, is broadly based on the Oregon Death with Dignity Act, which came into effect in 1997. It has been in operation for 18 years. My Bill has the additional safeguard of judicial oversight.

When the Act was passed in 1994, the Oregon Hospice Association was strongly opposed to it. It has reversed its position, and it now recognises—in my view correctly, although I am not an expert—that assisted dying is one of the choices that ought to be available to dying people. In Oregon, 90% of people who have an assisted death—0.25% of those who die each year—are enrolled in hospice care, and Oregon is ranked among the best states in the United States of America for palliative care provision.

[Sir Edward Leigh (Gainsborough) (Con)]

Would the hon. Gentleman care to comment on the Wagner case? Mrs Wagner was encouraged to take assisted suicide, rather than chemotherapy, on the grounds of cost. It worries many of us that market forces and family pressures will promote ever more assisted suicides.

[Rob Marris]

I will take a detour for the hon. Gentleman, because there are urban myths. Barbara Wagner was a 65-year-old lifelong smoker with lung cancer, who was insured—this is America—under the state plan. Her doctor prescribed medication that cost $4,000 a month which had an 8% chance of extending her life by four to six months. Her insurance health plan did not cover treatment where there was less than a 5% chance that the patient would be alive after five years. When she told her health plan provider that she would not be paying for the treatment, it informed her that one of the other options was the Oregon Act. It should not have done that, and it has since revised its notification process.

I am told that depression is often present among those who have a terminal illness. That is not surprising; if I had a terminal illness, I think I would get depressed. It is up to the two doctors to determine whether depression has driven someone to make this choice, or whether it is a free choice, and if those doctors have doubts, they can refer the patient, as part of the process, for an independent psychiatric evaluation.

Another concern is that patients will feel that they are a burden on their loved ones or the health service and so wish to exercise this option. I hope that patients do not feel that, but I cannot guarantee it. It is patronising and wrong to say that someone should be denied the choice because one factor in their decision making is that they would feel that they are a burden. They should have the choice.

--- Later in debate ---

[Sir Edward Leigh (Gainsborough) (Con)]

The hon. Member for Newport West (Paul Flynn) has read us a very moving letter, and I think the whole tone of the debate does the House credit. This is an extraordinarily difficult issue, and we are all going to face this awful journey—I use “awful” in the old-fashioned sense of the word. We are frightened of dying, although perhaps for religious people it is not so much of death but of dying, and we have to respect each other’s opinions.

When my good friend Father Philip Bailey of Holy Rood Catholic church was dying—he had kidney failure—he was sent to Scunthorpe hospital, which offered him very painful and very intrusive treatment to try to enable him to live a few weeks or days longer. He, a Catholic priest, chose not to take it. I was with my best friend Piers Merchant, a former Member, when he was dying of cancer. His body was filled with morphine, which probably killed him in the end. It was not designed to kill him, however, but to relieve his suffering. My friend Father Philip Bailey took that choice as well.

My view is that we do not need an assisted suicide or an assisted dying Bill; we need a movement for natural dying. We have to come to terms with death as a society and recognise that it is a journey we are all going to take. We have to promote the hospice movement and palliative care, put much more resources into them and be honest with people that increasingly intrusive, difficult, painful operations and medications may not be the way. In that sense, I think we can resolve this issue and emerge with credit from what I regard as a moral maze.

I have one important issue to mention. I suppose people would expect me to do so, but it really has to be underlined. As we embark on the Bill and reflect on what it will mean if it becomes an Act, many of us feel that history will repeat itself. For all the controls that we are told will be there—I am not sure that the High Court’s consideration on paper for a couple of weeks or a couple of doctors in a dying clinic signing for it are much of a control, particularly when most doctors are opposed to it—more and more people will take this route, and as they become ill this general question will increasingly be put to them, “Do you want to end your life now? It is the law; you have the right to do it.” That contrasts with what happens now, where the whole emphasis is on trying to let people die naturally.

What sort of society do we want to create? Do we want to create one in which we solve our problems by killing? I admit that my religious belief informs my view, and people could ask what right I have to impose my religious beliefs—seen in opposition to abortion or capital punishment or to war or to assisted dying or death—on them. I would at least ask them this question: “What sort of society do we want to create when we feel that we can solve problems by hastening death rather than promoting life?” What sort of society are we creating if we say that we value people who are healthy, fit, beautiful and young more than we value people who are poor, old, crippled, ill and dying? We feel that in those people there is an eternal soul waiting there—a beautiful soul that needs to be nurtured. Even if people do not share this religious belief, surely they can come to the conclusion—even as humanists with a humane point of view—that we must promote a society that respects the old, the ill and the dying and gives them every chance of life.

Oral Answers to Questions

Edward Leigh Excerpts

Tuesday 17th December 2013 Commons Chamber

[Chris Grayling]

Mr Speaker, you will understand that, for legal reasons, I cannot discuss the outcome of a tendering process before the appropriate time. I will make the appropriate statements when the right moment arises.

[Sir Edward Leigh (Gainsborough) (Con)]

T6. Further to the Secretary of State’s earlier reply, will he confirm that this country is a proud signatory of the original European convention on human rights and a founder member of the Council of Europe? Indeed, for its first five decades, the convention was hardly a controversial issue. The problem is that the Human Rights Act 1998 has been used by the European Court of Human Rights in a proactive way to deal not with gross abuses of human rights like those that we saw in fascist Europe, but with the decisions of a democratically elected Parliament. Why do we not simply remain a member of the Council of Europe, keep the convention, repeal the 1998 Act and create our own Bill of Rights?

[Chris Grayling]

My hon. Friend makes a valid point. A leading official from the Court came to this House a few weeks ago and described this country as “best in class”. If a country that is best in class on human rights has reached a point where it has lost confidence in the Court, it is clear that something needs to be done. Under a Conservative Government, something will be done.

Anti-social Behaviour, Crime and Policing Bill

Edward Leigh Excerpts

Tuesday 15th October 2013 Commons Chamber

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

It is a pleasure to follow the hon. Member for Poole (Mr Syms) and it was good to hear him speaking in the House, after a period in the Whips on the Front Bench, although what he had to say was still a little too loyal for my taste.

I welcome clause 98 and the extension of the offence of allowing a dog to cause injury or the fear of injury to all places, including all private property. That is long awaited and closes a significant loophole in the law. Ministers have simply been much too slow to make this change. Today, however, particularly with new clause 3, the new Minister has the opportunity to act ahead of a serious and growing problem, instead of just giving a long-delayed response to a problem, as we have seen so far. I am talking about the introduction of dog control notices.

We know that thousands of victims are injured and hospitalised each year as a result of dog attacks. We know that the number of owners sentenced for offences related to dangerous dogs has increased by more than one third since 2009. Just in South Yorkshire the police tell me that in the past year they have responded to 464 dog attack incidents, and that just in 2013 they have so far taken out 26 court cases pursuing prosecution against those owners.

The latest case reported to me was that of Rebecca Lowman of Goldthorpe, who was attacked and badly injured in the arm and leg last month when she was defending a woman who was being attacked by her own dog in her own house. While Becky was still in hospital, I sat down with her husband John, who was very upset by Becky’s injuries and very angry that the police had no ability to act on that dog because the attack took place in that private house.

Since I started campaigning on this issue in the past few weeks, a lot of people have contacted me, including Norma Saunders, who told me that she knows someone who was a victim of a dog attack. She said:

“After the dog attacked several times, our community felt terrorized. I did not let my little boy play in the garden & I did not walk to the shops, but the authorities were not interested.”

I pay tribute to Hallam FM in South Yorkshire, which has taken up this campaign, aired the problems and given listeners the chance to give their experiences over the past week. A couple have phoned in with very powerful points. One said that the law must be changed:

“I was mauled by an American Pitt bull crossed with a Bull mastiff at my friend’s house and as it was in its rightful house nothing could have been done…I have been left with traumatic memories and ugly scars, this dog has not been put down and has in fact bitten someone else”.

Another caller simply said that we should

“just do what is definitely necessary to prevent any more horrific and fatal attacks on innocent people and children.”

The Minister has the chance to do just that this afternoon.

I urge the Minister, taking advantage of his fresh mandate as a new Minister in a new post, to accept new clause 3. Dog control notices have been legislated for in Scotland for three years and this represents a sensible extension of the scope for local authorities, courts and the police to take action against a person in control of a dog whose behaviour is out of control. My hon. Friend the Member for Liverpool, Wavertree (Luciana Berger) has explained some of the steps and sanctions available to the authorities when a dog control notice is in place.

Labour has been arguing this case but Ministers have been dragging their feet for three years now. During that time, thousands more have suffered serious and often debilitating injuries. Most dog owners are responsible and their dogs are well behaved, but a minority see dogs as status symbols or even offensive weapons. The Government must go further than this Bill. Closing the loophole in the legislation over attacks on some private property is a sensible step, but one that they have been pushed to take. Let us see Ministers take the next sensible step this afternoon, introduce and accept the principle of dog control notices and help to reverse the rising trend of attacks and to head off some of the attacks we will otherwise definitely see, which will leave adults and children badly scarred, badly injured, badly traumatised and, in some cases, dead.

[Sir Edward Leigh (Gainsborough) (Con)]

I support the Government’s gradualist and sensible approach and I urge the Minister to resist new clause 3. We all regret and are desperately unhappy about vicious attacks by dogs, particularly on children—although also on anybody else—and if legislation could solve that problem and new clause 3 could deal with it without causing massive potential inconvenience to millions of peaceable people who own dogs, I would be in favour of it. However, like all such amendments, it would probably, sadly, do little to control the vicious people who use dogs as weapons and it could impact severely on millions of ordinary, peaceable dog owners.

I declare an interest because, like you, Mr Deputy Speaker, I am a dog owner. My dog, a little border terrier called William, is a lot smaller than yours. I saw yours in the Westminster dog show last year and many people think that your breed of dog is quite powerful, but I know from having witnessed your dog that it is well brought up and peaceable.

Let us be sensible about this. I know that new clause 3 is well intentioned, but it could have draconian effects. All it states is:

“Where an authorised officer has reasonable cause to believe that a dog is not under sufficient control”.

It requires a reasonable belief—that is not probability. We all know that there are disputes between neighbours, or that people have rows with other people. That is such a small bar to get over for an “authorised officer”.

[Luciana Berger]

rose—

[Sir Edward Leigh]

I had better not give way, because I do not want Mr Deputy Speaker to set his dogs of war on me. I shall be very brief and will not take any interventions.

Let me make a simple point. Who is this “authorised officer”? What is this “reasonable cause”? Simply because that officer of the state has some sort of belief, which might have been motivated by other people, the dog might have to be muzzled, neutered or prevented from going in particular places. I am very worried about that.

I am also very worried about the other amendments. I do not agree with my hon. Friend the Member for Bedford (Richard Fuller), who was talking about 14-year sentences. It was in the papers last year that somebody had driven their car dangerously and killed somebody while they were looking at their global positioning system device. They did not look out of the window for 18 seconds and they killed a cyclist, and they went to prison for three years. We all think that is ridiculous. Are we really going to send someone to prison for 14 years for this offence?

Let us be honest about it. Dogs have been bred for thousands of years to be guard dogs. Even my pathetic little border terrier, William, barks when people come up the garden path. That is what dogs are bred to do. All this nonsense about Liberal party canvassers who are scared of getting their fingers bitten when they put a leaflet through the door—I have delivered thousands of useless Conservative party pamphlets through the door. When I see a dog behind the door, I am delighted not to put the pamphlet through the letterbox. Just show some common sense. Dogs are dogs. We cannot change dogs with legislation.

New clause 3 is just one extra bit of legislation that will not impact on the people who really cause trouble, but will, as I said, impact on millions of dog owners. We should be calm, take a gradualist approach and support what the Government are doing.

Marriage (Same Sex Couples) Bill

Edward Leigh Excerpts

Tuesday 21st May 2013 Commons Chamber

[Mr Edward Leigh (Gainsborough) (Con)]

We are on the edge of a profound social change. What a pity there was nothing in the manifesto. What a pity we did not have a Committee stage on the Floor of the House. What a pity we had only two hours to discuss the protection of people in the workplace. This change has been made tonight without full discussion; now it is over to the other place.